Grand Teton National Park Land Exchange Act
Legislative Activity
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Became Public Law No: 108-32.
June 17, 2003
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Introduced in Senate
February 4, 2003
Sponsor introductory remarks on measure. (CR S1872-1873)
February 4, 2003
Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S1873)
February 4, 2003
Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
February 26, 2003
Committee on Energy and Natural Resources. Reported by Senator Domenici without amendment. With written report No. 108-14.
March 5, 2003
Placed on Senate Legislative Calendar under General Orders. Calendar No. 26.
March 5, 2003
Passed Senate without amendment by Unanimous Consent. (consideration: CR S4879-4880; text as passed Senate: CR S4879-4880)
April 3, 2003
Received in the House.
April 7, 2003 • 12:22 PM
Message on Senate action sent to the House.
April 7, 2003
Referred to the House Committee on Resources.
April 7, 2003
Referred to the Subcommittee on National Parks, Recreation and Public Lands.
April 10, 2003
Mrs. Cubin moved to suspend the rules and pass the bill.
June 3, 2003 • 12:44 PM
Considered under suspension of the rules. (consideration: CR H4804-4806)
June 3, 2003 • 12:44 PM
DEBATE - The House proceeded with forty minutes of debate on S. 273.
June 3, 2003 • 12:44 PM
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
June 3, 2003 • 1:00 PM
Considered as unfinished business. (consideration: CR H4810)
June 3, 2003 • 1:35 PM
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 217 - 198 (Roll no. 231).(text: CR H4804)
June 3, 2003 • 1:43 PM
On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 217 - 198 (Roll no. 231). (text: CR H4804)
June 3, 2003 • 1:43 PM
Rules Committee Resolution H. Res. 258 Reported to House. Rule provides for consideration of S. 222 and S. 273. S. 222 shall be debatable 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S.222. Provides one motion to recommit, with or without instructions, for S. 222. The rule further provides that S. 273 shall be debatable for 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S. 273. Finally, the rule provides one motion to recommit,
June 4, 2003 • 9:25 PM
Rule H. Res. 258 passed House.
June 5, 2003 • 3:26 PM
Considered under the provisions of rule H. Res. 258. (consideration: CR H5028-5029)
June 5, 2003 • 3:36 PM
Rule provides for consideration of S. 222 and S. 273. S. 222 shall be debatable 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S.222. Provides one motion to recommit, with or without instructions, for S. 222. The rule further provides that S. 273 shall be debatable for 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S. 273. Finally, the rule provides one motion to recommit,
June 5, 2003 • 3:37 PM
DEBATE - The House proceeded with forty minutes of debate on S. 273.
June 5, 2003 • 3:37 PM
The previous question was ordered pursuant to the rule.
June 5, 2003 • 3:37 PM
POSTPONED ROLL CALL VOTE - At the conclusion of debate on S. 273, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Udall of New Mexico demanded the Yeas and Nays and the Chair postponed further proceedings on the question of passage until later in the legislative day.
June 5, 2003 • 3:38 PM
Considered as unfinished business. (consideration: CR H5030-5031)
June 5, 2003 • 3:56 PM
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 375 - 4 (Roll no. 248).(text: CR H5028)
June 5, 2003 • 4:01 PM
On passage Passed by the Yeas and Nays: 375 - 4 (Roll no. 248). (text: CR H5028)
June 5, 2003 • 4:01 PM
Motion to reconsider laid on the table Agreed to without objection.
June 5, 2003 • 4:01 PM
Presented to President.
June 11, 2003
Signed by President.
June 17, 2003
Became Public Law No: 108-32.
June 17, 2003
Voting History
2 votes recorded • Roll call available
Floor Debate
22 membersWhat members said about S. 273 on the floor
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Floor Debate
22 membersWhat members said about S. 273 on the floor
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 227: H. Res. 159. Had I been present, I would have voted ``yes.'' Mr. Speaker, due to family reasons, I was unable vote on…
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 227: H. Res. 159. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable vote on rollcall No. 228: H. Res. 195. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 229: H.R. 1465. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 230: S. 222. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 231: S. 273. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 232: S. 763. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 233: H. Amdt. to H. J. Res. 4. Had I been present, I would have voted ``no.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 234: Final passage of H. J. Res. 4. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 235: Motion to suspend the rules and pass H. Res. 231. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 236: on agreeing to H. Res. 257. Had I been present, I would have voted ``no.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 237: Motion to suspend the rules and pass H. Res. 177. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 238: Motion to suspend the rules and pass H. Res. 201. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 239: H.R. 1954. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 240: H. Amdt. 154 to H.R. 760. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 241: Motion to Recommit to H.R. 760. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 242: final passage of H.R. 760. Had I been present, I would have voted ``no.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 243: On Ordering the Previous Question for H. Res. 256. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 244: H. Res. 258. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 245: H. Res. 258. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 246: on passage of H.R. 1474. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 247: S. 222. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 248: S. 273. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 249: H.R. 1610. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 250: H. Con Res. 162. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 251: S. 763. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 252: H. Res. 263 to H.R. 2143. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 253: H. Res. 263 to H.R. 2143. Had I been present, I would have voted ``No.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 254: H. Amdt. 159 to H.R. 2143. Had I been present, I would have voted ``No.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 255: Passage of H.R 2143. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 256: H. Res. 252: Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 257: On ordering the previous question for H.R. 2115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 258: On agreeing to the rule for H.R. 2115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 259: On passage of H. Con. Res. 110. Had I been present I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 260: On passage of H.R. 1320. Had I been present I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 261: H.R. 2350. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 262: H. Amdt. 5 to H.R. 2115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 263: H. Amdt. 4 to H.R. 2115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 264: On passage of H.R. 2115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 265: H. Res. 269 to H.R. 1115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 266: H. Res. 269 to H.R. 1115. Had I been present, I would have voted ``no.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 268: H. Amdt.
168 to H.R. 1115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 269: H. Amdt. 169 to H.R. 1115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 270: H. Amdt. 170 to H.R. 1115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 271: Motion to Recommit to H.R. 1115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 272: Passage of H.R. 1115. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 273: H. Res. 270 to H.R 1308. Had I been present, I would have voted ``no.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 274: Rule for H.R. 1308. Had I been present, I would have voted ``no.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 275: Motion to Instruct Conferees H.R. 1308. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 276: H.R. 2254. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 277: H. Con. Res. 220. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 278: S. 703. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 279: H. Res. 276. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 280: H. Res. 171. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 281: Passage of H.R. 658. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 282: S. 342. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 283: Passage of S. Con. Res. 43. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 284: Previous Question to H. Res. 281. Had I been present, I would have voted ``no.''
Mr. Speaker, due to family reasons, I was unable to vote on rollcall No. 285: H. Res. 281 to H.R 8. Had I been present, I would have voted ``no.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 286: Approving the Journal. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 287: H. Amdt. 171 to H.R. 8. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 288: Passage of H.R. 8. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 289: H. Res. 283 to H.R. 660. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 290: H. Res. 283 to H.R. 660. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 291: H. Amdt. 172 to H.R. 1528. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 292: Motion to Recommit H.R. 1528. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 293: Passage of H.R. 1528. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 294: Kind amendment to H.R. 660. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 295: On motion to recommit with instructions to H.R. 660. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 296: On final passage to H.R. 660. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 297: H. Res. 264. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 298: H. Res. 177. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 299: H. Con. Res. 209. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 300: Passage of H.R. 2465. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 301: Previous Question to H. Res. 293. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 302: Agreeing to H. Res. 293. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 303: Passage of H.R. 923. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 304: H.R. 1460. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 305: On sustaining the ruling of the chair on H.R. 2555. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 306: Sustain ruling of the chair on H.R. 2555. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 307: H. Amdt. 176 to H.R. 2555. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 308: H. Amdt. 183 to H.R. 2555. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 309: H. Amdt. 188 to H.R. 2555. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 310: Passage of H.R. 2555. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 311: Passage to H.R. 1416. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 312: S. 858. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 313: H.R. 2474. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 314: H. J. Res. 49. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 315: H. Con. Res. 49. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 316: H. Res. 199. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 317: H. Res. 294. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 318: On the Hastings amendment to H.R. 2417. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 319: On the Kucinich amendment to H.R. 2417. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 320: On the Lee amendment to H.R. 2417. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 321: H. Res. 299 to H.R. 1 and H.R. 2596. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 322: H. Res. 299 to H.R. 1 and H.R. 2596. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 323: H. Res. 297 to H.R. 1 and H.R. 2596. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 324: Ordering the previous question on H. Res. 298. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 325: Passage of H.R. 2559. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 326: Passage of H. Res. 277. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 327: On approval of the Journal. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 328: H.R. 2596. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 330: H. Amdt.
197 to H.R. 1. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 331: Motion to recommit with instructions to H.R. 1. Had I been present, I would have voted ``yes.''
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 332: Final passage of H.R. 1. Had I been present, I would have voted ``no''.
Mr. Speaker, due to family reasons, I was unable to vote on Rollcall No. 333: On passage of H.R. 2417. Had I been present, I would have voted ``yes.''
Mr. President, today I am pleased to be joined by Senator Inouye in reintroducing the ``Indian Tribal Surface Transportation Improvement Act of 2003'', a bill to reform and improve Indian Reservation…
Mr. President, today I am pleased to be joined by Senator Inouye in reintroducing the ``Indian Tribal Surface Transportation Improvement Act of 2003'', a bill to reform and improve Indian Reservation Road, IRR, program.
In the past two Congresses the Committee on Indian Affairs has held hearings on the problems with the IRR program and this bill provides much-needed clarifications to better meet the transportation needs in Native communities.
Involving as it does transportation and related issues, this bill includes an initiative I proposed last session to support commercial vehicle driving training programs at tribal colleges and universities.
Although reservation roads comprise just 2.63 percent of the Federal highway system, less than 1 percent of Federal aid has been allocated to Indian roads. This bill would allow the already-authorized funds for Indians to reach the intended beneficiaries.
As with any community, Indian reservations need efficient and effective road financing and construction to develop healthy economies and raise the standard of living.
It is no secret that when entrepreneurs, Indian or non-Indian, calculate whether to invest in a community they first look to see if the basic building blocks exist within the community: roads, highways, electricity, potable water, and other amenities.
Unfortunately, despite recent successes some Indian tribes have had with gaming, energy and natural resource development, most Indian tribes still suffer from poor infrastructure that thwarts investment and economic growth.
Building on the successes of the Indian Self Determination and Education Assistance Act, this bill authorizes the Federal Lands Highway Administration to create a 12-tribe pilot program to contract directly for roads funding.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I am pleased to be joined by Senator Inouye in re-introducing legislation to assist Indian tribes to fight the scourge of alcohol, drug and associated mental health problems in their communities.
Native Americans continue to be plagued by chronic alcohol and drug addictions which destroy their bodies and souls and inevitably require mental health treatment as well.
There are a good number of Federal agencies involved in treating these problems and, through no fault of their own, agency efforts are often un-coordinated and ineffective as a result.
Relying on models that are proven winners, the ``Native American Alcohol and Substance Abuse Program Consolidation Act of 2003'' authorizes Indian tribes and tribal consortia to string together these disparate programs and services and bring them together in one comprehensive and coordinated package.
In addition to achieving economies of scale in these Federal services, the bill would also encourage the use of automated clinical information systems and bring to bear state-of-the-art diagnostic and treatment tools
The two main themes of this bill, better use of resources combined with technological innovations have proven successful in other areas like Indian job training.
Just this week, Health and Human Services Secretary Thompson launched a new effort aimed at combating chronic health problems in minority communities.
Substance abuse and diabetes are included in Secretary Thompson's effort and this bill would go a long way in assisting Federal and tribal governments in that battle.
The mechanics of this bill are also consistent with the broad contours of the President's Management Agenda, increasing the effectiveness of Federal services without increasing the budget.
For these reasons, I am hopeful the bill will be well received by the Administration and the tribes so that it can be considered speedily in the weeks ahead.
I urge my colleagues to join me in supporting this important initiative and ask unanimous consent to have the text of the bill printed in the Record.
Mr. President, as I did last session, I am again pleased to introduce the ``Indian Tribal Contracting and Federal Lands Management Demonstration Project Act'' to expand the highly-successful Indian Self Determination and Education Assistance Act of 1975 and to bring Native knowledge, values and sensitivity to the management of our Federal lands.
I want to emphasize that this initiative is a starting point for a broader discussion about whether Federal law sufficiently protects sacred Indian places that are located on Federal lands.
Americans react viscerally when lands and sites held sacred are threatened. Whether the site in question is the Little Bighorn Battlefield in Montana; the American Cemetery at Omaha Beach in Normandy, France; or religious and ceremonial sites held dear by Native people.
Twenty-five years ago Congress passed the American Indian Religious Freedom Act which declared that it is ``the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.''
A series of hearings held by the Committee on Indian Affairs over the past two years revealed that the AIRFA policy remains aspirational and the goals of that Act have not been realized.
The clashes between economic and cultural interests will also sharpen as our nation's needs for economic activities, such as logging, energy and mining, increases.
In 1970, President Nixon's Special Message to Congress on Indian Affairs changed forever Federal Indian law and policy. The President also signed into law legislation transferring the sacred Blue Lake lands back to the Pueblo of Taos. These two events set the stage for both the Indian Self Determination and Education Assistance Act, 1975, as well as the AIRFA, 1978.
The legislation I am re-introducing today will build on these precedents by setting up a Demonstration Project to expand opportunities for Native contracting on Federal lands. One goal of this bill is to bring to bear the knowledge and sensitivity of Native people to activities that are currently being carried out by Federal agencies.
Under the bill, the Secretary of the Interior would select up to 12 tribes or tribal organizations per year to provide archaeological, anthropological, ethnographic and cultural surveys and analysis; land management planning; and activities related to the identification, maintenance, or protection of lands considered to have religious, ceremonial or cultural significance to Indian tribes.
I urge my colleagues to join me in supporting this measure.
Mr. President, I ask unanimous consent that the bill be printed in the Record.
Mr. President, today I introduce the Fairness to All Fallen Vietnam War Service Members Act of 2003. Almost forty years ago, our country started sending a generation of young men off to fight in Vietnam. Over 58,000 American soldiers gave their lives to their country in and around the lands, skies, and seas of Vietnam.
The legislation I am introducing today is based on language which I previously introduced toward the end of the 107th Congress.
The ultimate sacrifices many of these men have made are honored on the Vietnam Veterans Memorial Wall here in Washington, D.C. There are, however, names that are missing from the wall, names that rightfully should be there with their fallen fellow Americans. It is now time to correct that omission.
On the morning of June 3, 1969, the United States Destroyer, USS Frank E. Evans, was cut in half during a training exercise by the Australian aircraft carrier, Melbourne. The front half of the destroyer sank in three minutes claiming the lives of seventy-four men.
While these men were not lost due to enemy fire, they were involved in serious combat only days before this tragedy. At the time of the accident, the USS Frank E. Evans was taking part in Operation Sea Spirit in the South China Sea which involved over 40 ships from Southeast Asia Treaty Organization Nations. These brave men were instrumental in forwarding American objectives in Vietnam.
The fact is these men died while serving their country and are due the rights and honors they deserve, including being listed on the Vietnam Memorial Wall.
Two of my fellow Coloradans, Brian Crowson and Del A. Francis were on board that fateful morning and survived this horrible accident. Sadly, 74 of their fellow sailors were not as fortunate.
At a time when we rightly honor heroes across our country, should we not also take the necessary step to ensure that our past heroes are also honored?
This legislation directs the Secretary of Defense to determine an appropriate manner to recognize and honor Vietnam Veterans who died in service to our Nation but whose names were excluded from the Vietnam Veterans Memorial Wall. It further asks for input from government agencies and organizations that originally constructed the Vietnam Veterans Memorial Wall regarding the feasibility of adding additional names. Finally, the bill asks for appropriate alternative options for recognizing these veterans should it be deemed that there is no logistical way to add these names.
As a veteran of the Korean War, I personally understand the ultimate sacrifice many of our brave men and women have made for the price of freedom. This recognition should not be taken lightly.
I look forward to working with my colleagues here in the Senate as well as the USS Frank E. Evans Association so that we can pass this long overdue legislation.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I am pleased to be joined by Senator Inouye in introducing the ``Federal Acknowledgment Process Reform Act of 2003''.
Since 1997 I have offered changes to the Federal Acknowledgment Process, FAP, which is the process by which Indian groups are ``recognized'' by the United States as tribes.
Recognition of a tribal group as a tribe brings with it the privileges, immunities and rights accorded to Indian tribes.
In recent years, the FAP has been described as ``broken'', ``too lengthy'', ``too costly'', ``without integrity'', ``not transparent'' and ``inconsistently applied'' to name but a few.
For petitioners that have waited literally generations for a final answer on their application, the process is too lengthy.
For petitioners of modest means driven to seek the financial support of ``a backer'', the process is too costly.
For interested parties who feel compelled to file Freedom of Information Act requests to secure information, the process is not transparent.
And for the uninitiated and those not familiar with the governing legal regime, the regulations do appear to be inconsistently applied.
The FAP has not been with us forever. In 1978, the Department of Interior established regulations in the Code of Federal Regulations, 25 CFR Part 83, to ``establish a departmental procedure and policy for acknowledging that certain American Indian groups exist as tribes.''
Since this administrative procedure was set up in 1978, over 270 groups have petitioned under the regulations, with 18 groups being awarded acknowledgment as a tribe, and 19 groups having been denied.
This means that nearly 230 groups are still waiting to hear on their petitions.
For those who think the Branch of Acknowledgment and Research, BAR, is a serial grantor of recognition: just last week the Golden Hill Paugussett group in Connecticut was preliminarily denied acknowledgment.
The delays petitioners face have led to understandable frustration: the Indian Affairs Committee has received testimony from groups where the individuals that originally filed the petition have passed away, and the struggle is carried on by their children, and even grandchildren.
Some petitioners have become so tired of waiting that they have sued the Secretary of Interior and some courts have forced the BAR to produce decisions by dates-certain.
Unfortunately this ``queue jumping'' has created adverse incentives, as more groups file lawsuits.
The kinks in the process have also caused understandable frustration on the part of other, non-Indian groups. These frustrations have led to voluminous Freedom of Information Act, FOIA, requests, and even lawsuits, as these groups have tried to secure information or seek a better understanding of the regulations.
As you might expect, once the lawsuits get started, paper starts churning. The BAR staff testified to the Indian Affairs Committee that their anthropologists, genealogists and historians spend 40 percent of their time just making photo-copies in response to FOIA requests.
The bill I am introducing today will resolve many of the problems I have described. It will do this first by introducing discipline into the process. Under this bill would-be-petitioners must include enough information in their ``letter of intent'' so that the BAR and other interested parties have a better idea of the context of the group. Obtaining more information will better assist the Secretary of Interior in providing notices to the group and interested parties; and the bill requires that such notices go out within 90 days, insuring timeliness.
Secondly, this bill will provide more resources to petitioners and interested parties, based on the needs of the group or party, something on which all observers of the process seem to be in agreement.
Third, this bill will provide more resources to the Department of Interior, another point on which there seems to be wide agreement.
I do not propose to merely throw more money at this problem. Instead, the bill establishes a research pilot project that will draw upon independent research institutions and consultation with the Smithsonian to expand the research capacity of the BAR.
The bill will also provide a resource to the Assistant Secretary that is sorely needed: an independent research and advisory board that can be called on by the Assistant Secretary to act as a peer reviewer and a second source upon which the Assistant Secretary can base his determination on a petition.
This board will consist of certified professionals and will be available to the Assistant Secretary: 1. at his discretion, if the Assistant Secretary and BAR disagree regarding whether particular criterion have been met in a petition; and 2. to provide outside peer
review and a second opinion on a proposed final determination.
The board will give the Assistant Secretary greater assurance in the soundness of his determination, and will provide a more solid foundation for any later appellate review.
Finally, this bill will provide the certainty of a statutory basis for the acknowledgment criteria that have been used by the BAR since 1978.
There appears to be widespread acceptance of the substantive validity of the criteria, but questions have been raised regarding whether those criteria should be codified. This bill answers that question definitively.
This bill addresses the criticisms of the FAP by increasing the transparency, consistency and integrity of the process, and at the same time removes some of the bureaucratic hurdles that have caused the process to be too costly and time-consuming.
I urge my colleagues to support this important measure and ask unanimous consent that a copy of the bill be printed in the Record.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. Speaker, I yield myself 6 minutes. I thank the gentleman from Washington for yielding me the time. Mr. Speaker, this morning during the debate on the Check 21 open rule, I warned this body that…
Mr. Speaker, I yield myself 6 minutes. I thank the gentleman from Washington for yielding me the time.
Mr. Speaker, this morning during the debate on the Check 21 open rule, I warned this body that open rules are a rarity, an endangered species, if you will. Well, here we are about to consider not an open rule but a closed rule on two noncontroversial bills. But what do you expect? This is the norm. This is business as usual in this House.
I also want this Chamber and the American people to remember this moment, because it is historic. This also is a rarity here. We finally have seen a tax cut that the Republicans do not like. In the dead of night, faced with the decision of either providing tax relief for 12 million working families or giving a tax cut to Donald Trump, the Republicans chose Donald Trump and left the children out in the cold.
And who exactly is left behind by this glaring omission? Nearly one in five children of our active duty military. These families are only making around $27,000 a year. They did not
have the good fortune to be born with the last name of ``Gates'' or ``Buffett'' or ``Cheney.'' But they are trying to make a living, and they are doing so by serving their country. These are children of people who are fighting in Afghanistan and Iraq, but the Republicans, in their greed and zeal for tax cuts for their rich friends, decided these families do not need any tax relief.
Now, of course, Republicans claim that they provide tax relief only for people who pay income tax, but we all know people pay more than just income tax. There is a payroll tax. There is property tax. There is a sales tax. But the Republicans in their warped thought process consider payroll tax relief and child tax credit a new form of welfare. We heard this argument earlier this morning, and it is outrageous; and quite frankly, it is insulting to these hardworking Americans.
As we all know, this could not be farther from the truth. It is the Republicans who encourage welfare in the Tax Code by giving tax breaks to corporations that flee this country for tax havens in other countries. Their disingenuous argument does not fly with the American people.
Mr. Speaker, the legislative process in this body is broken. There is no excuse for the majority's actions. We are here today to reconsider two bills that should have been passed under suspension of the rules. The bills are not controversial, but the majority's actions are.
As we all know, on Tuesday three bills were defeated under suspension of the rules. House Democrats using one of the few procedural tools at our disposal, voted against these bills, not on their merits but to express our frustration that the House leadership refuses to allow for consideration of a bill that would give our working families the tax relief that they deserve.
So today is also payback day. I think it is shameful and spiteful; and it is, unfortunately, very typical around here. They will not say it on the other side of the aisle, so I am going to say it right here now.
What is the payback? Among other things, showing disrespect for one of the finest individuals ever to grace the halls of Congress. The one bill that was defeated on Tuesday that is not on today's schedule is the bill to name a Federal building in Indianapolis for former Senator Birch Bayh. We should be naming multiple courthouses in this country for Birch Bayh.
Their tactics will not work. We are not going to be intimidated. We are going to keep talking about the issues that matter to working Americans, and issues like tax fairness are high among them. If the Republicans were serious about tax relief and if they were serious about their support for working families, they would schedule a vote to reinstate this provision. That is what we are fighting for. That is what we are asking for. But they will not, because they are not serious about this. They are merely providing lip service, telling Americans what they want to hear while padding the pockets of their wealthy friends.
Mr. Speaker, at the end of this debate on the rule I will ask my colleagues to vote ``no'' on the previous question. If the previous question is defeated, I will offer an amendment to provide for the consideration of the Rangel-Davis-DeLauro bill to help the people the Republicans would rather leave behind.
Mr. Speaker, I am happy to yield 1 minute to the gentlewoman from Ohio (Mrs. Jones).
(Mrs. Jones of Ohio asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from California (Mr. Sherman).
(Mr. SHERMAN asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. Rangel), the distinguished ranking member on the Committee on Ways and Means.
(Mr. RANGEL asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I include for the Record an article that appeared in USA Today on this day that says, ``Military Kids Get Slighted on Tax Credit.''
The article referred to is as follows:
[From USA Today, June 5, 2003]
Study: Military Kids Slighted on Tax Credit
Parents earn too little to qualify for the provision
(By William M. Welch)
Washington.--Nearly one in five children of active-duty
U.S. military families won't benefit from the increased tax
credit signed last week by President Bush because their
parents earn too little to qualify, a study being released
today concludes.
The finding by the Children's Defense Fund, a liberal
advocacy group, comes as Bush and Republican congressional
leaders are under increasing fire for agreeing to omit
working poor families from the increased child credit
included in the $350 billion, 10-year tax cut plan and aid
for states.
Those military families would have received a check of up
to $400 per child under a provision that the Senate added to
the bill. But that ``refundable'' credit to families who pay
little or no federal income tax, but do pay payroll taxers,
was deleted in final negotiations between Bush and Republican
leader of Congress.
Families who have children and earn more than about $27,000
a year are due to receive checks next month of up to $400 per
child, as an advance on an increase in the credit from $600
to $1,000.
The group said 250,000 of the 1.4 million children in
active-duty military families will not qualify for the
benefit because of the omission.
An additional 750,000 children denied the benefit have
parents who are military veterans, the fund concluded. It
based its findings on latest U.S. Census data.
Democrats, liberal groups and some moderate Republicans in
Congress are trying to build pressure on Bush and GOP leaders
to pass legislation quickly extending the credit, to those
families that were left out.
Democrats immediately invoked U.S. troops still in Iraq as
a political justification for another bill expanding the
credit.
``Thousands of military personnel, people who put their
lives on the line for our country, won't receive the child
credit unless we correct the child credit unless we correct
the bill,'' Sen. Max Baucus, D-Mont., said.
The $3.5 billion cost would be paid for by cracking down on
business tax avoidance schemes under the Democrats' proposal.
They said fast action was needed to assure 12 million low-
income families are able to receive a check when the
government begins mailing them to more affluent families
starting July 1.
Senate Majority Leader Bill Frist, R-Tenn., and Minority
Leader Tom Daschle, D-S.D., were negotiating a possible
agreement that would permit the Senate to vote, perhaps this
week, on competing proposals aimed at providing just such a
remedy to the working poor.
Republican leaders of the House of Representatives are
resisting the move. They say Bush didn't propose giving the
added credit to the working poor as part of his original
economic stimulus plan, and that sending tax refunds to
people who pay no federal income tax may be bad policy.
``This is something that has been blown out of
proportion,'' said Rep. Rob Portman, R-Ohio, who is on the
tax-writing Ways and Means Committee. ``It was not part of
the original bill, nor was it part of the bill in the House.
. . . We never debated it. . . . It is a new idea, and it is
one we ought to think about.''
In another effort to build pressure, a coalition of liberal
groups today begins airing TV ads in Washington blasting Bush
for leaving the working poor out of the child credit benefit
increase.
The Center for Community Change is buying a relatively
modest amount of airtime, but it is encouraging hundreds of
like-minded groups to air the same ad in other cites.
The ad shows two children: one too poor to qualify for the
increased credit and another, whose parents make more money,
who receives it. ``President Bush chose the most fortunate to
get the most,'' an announcer says.''
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Woolsey).
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Alabama (Mr. Davis).
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Illinois (Mr. Emanuel).
(Mr. EMANUEL asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1\1/2\ minutes to the distinguished gentleman from New York (Mr. Crowley).
Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman from Connecticut (Ms. DeLauro).
Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. Strickland).
Mr. Speaker, how much time remains on the other side?
Mr. Speaker, how many speakers does the gentleman from Washington (Mr. Hastings) have to discuss this issue?
Mr. Speaker, does the gentleman want to use some of his time now?
Mr. Speaker, we have used up several speakers. I think for balance, if one of the gentleman's speakers is here, they could go.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, will the gentleman yield?
Mr. Speaker, if it was such a good idea, number one, why did you remove it? Number two, I do not recall us ever having voted on this in the House. It was inserted in the Senate. Let us be accurate.
That is outrageous.
Let me say for the record what I am outraged at what is in the paper today, that nearly one in five children of U.S. military families will not benefit from the increased tax credit signed by President Bush.
Mr. Speaker, I would say to the gentleman from Georgia his tax package is about welfare for the rich. I yield 2\1/2\ minutes to the gentleman from Texas (Mr. Doggett).
Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr. Rangel).
Mr. Speaker, how much time remains on each side?
Mr. Speaker, I yield 30 seconds to the gentlewoman from Connecticut (Ms. DeLauro).
Mr. Speaker, I yield myself such time as I may consume to see if anyone on the other side wants to respond. We are waiting.
Mr. Speaker, I guess we are not going to get an answer to that question.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Tennessee (Mr. Ford).
Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Maryland (Mr. Hoyer).
Mr. Speaker, I yield myself the remaining 30 seconds. I urge my colleagues to vote ``no'' on the previous question so that we can help millions of children and working families. We have heard the other side defend the indefensible.
Mr. Speaker, if they do not want to help millions of working families, they should at least have the guts to go on record as voting no instead of hiding behind procedures. So let this House work its will. Let us have a little democracy in this Chamber. Vote on the previous question so we can bring up the Rangel bill and literally help millions of children in this country.
Working Families Tax Credit Act of 2003--Summary of H.R. 2286, June 4,
2003
Republicans have left moderate-income families behind in
their zeal to cut taxes on millionaires, contrary to their
``leave no child behind'' rhetoric.
H.R. 2286 helps moderate-income working families and is
revenue neutral.
provisions
Provides Child Credit to More Working Families: Lowers to
$7,500 (from $10,500) the amount of the wages a family must
have before refundability of the child credit begins. This is
identical to a provision that was included in the house
Democratic alternative on the economic stimulus legislation.
The credit would be allowed for approximately 19 million
additional children by reason of this change.
Increases Benefit for Working Families: Increases partial
refundability from 10 percent of wages to 15 percent of
wages. Again, this is identical to a provision that was
included in the Democratic alternative. This would result in
an average credit increase of over $300 per child.
Helps Families of Soldiers in Combat: Allows refundability
for families of soldiers in combat zones even though combat
wages are not taxed.
Speeds up Marriage Penalty Relief for Lower Income Working
Couples: Makes effective immediately the marriage penalty
relief in the Earned Income Tax Credit that was provided in
the 2001 tax cut. This is the only marriage penalty relief
not accelerated in the recently enacted tax bill.
Does Not Increase the Deficit: Closes corporate loopholes:
prohibits tax shelters, and taxes corporations that move
headquarters offshore (expatriates).
Mr. Speaker, I ask unanimous consent that the text of the amendment and description of the amendment be printed in the Record immediately before the vote on the previous question.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
Mr. Speaker, I demand a recorded vote.
Mr. Speaker, I thank the gentleman for yielding me time. I wanted to say to my colleagues in the House, I certainly intend to stay on the subject matter of this rule equally as much as all the…
Mr. Speaker, I thank the gentleman for yielding me time.
I wanted to say to my colleagues in the House, I certainly intend to stay on the subject matter of this rule equally as much as all the Democrats who have been speaking at least.
I want to talk to my colleagues on the other side of the aisle about this child tax refundable credit which they are so indignant about. Because I want to remind them, you all had nothing to do with putting it on the books, nothing. We were glad that you like it because it was a Republican idea, but every single one of you, every single one of your speakers has voted against it.
Mr. Speaker, I want to help you a little bit out here and just kind of remind you so far we have heard from the gentleman from New York (Mr. Crowley), the gentlewoman from Connecticut (Ms. DeLauro), the gentlewoman from Ohio (Mrs. Jones), the gentleman from California (Mr. Sherman), the gentleman from New York (Mr. Rangel), the gentleman from Ohio (Mr. Strickland), the gentlewoman from California (Ms. Woolsey), and the gentleman from Massachusetts (Mr. McGovern), all good folks. However, they have all voted against this refundable tax credit, May 16, 2001, when the Republicans put it on the books. I do not know what you were thinking.
This thing that you were pretending to champion, you voted against. It was a Republican idea. Where were you when the battle was being fought? I am going to review a little bit of history, and let me say to this, you all are looking around stunned which I understand.
I yield to the gentleman from Massachusetts.
Reclaiming my time, let me jog the gentleman's memory. Here is what the situation was, and the gentleman is a distinguished member of the Committee on Rules and has lots of bills that pass through his desk, so I will not hold you responsible for knowing everything.
Prior to 2001, the child tax credit was $500 per child. It was passed under a Republican bill and, as the gentleman from Illinois (Mr. Emanuel) pointed out, it was signed by President Clinton. So you can claim a little bipartisanship there, even though that was passed by Republican votes when it was in the House, but prior to 2001 the child tax credit was $500. The credit was not refundable for most families. However, for a family with three kids or more, the credit was refundable; and it was not offset by the earned income tax credit. That was prior to 2001.
Now enter President Bush and the 2001 tax cut. Under that, the proposal was to increase the child tax credit from $500 to $1,000. The credit was $600 for the year 2003, and it was scheduled to reach $1,000 per child in 2010. That law made the child tax credit partially refundable for all families with children, not just those who had three kids or more.
Now, we had the vote on that May 16, 2001, and I have got the Roll Call from that, and at that time every one of you all voted against it. As a matter of fact, 197 Democrats voted against this.
So, Mr. Speaker, when the Democrats come out here looking for some rhetoric, and the big rhetoric of the Democratic party this year really that has been led by the gentlewoman from California (Ms. Pelosi) is, we could have torn that statue down a lot cheaper.
I know a lot of folks are against the war. And then it was, well, the plan is not working when we were going up the Euphrates. And then as soon as they tore down the statue, I know a lot of folks on the left, and I want to say not all the members of the Democrat party but a lot of folks on the left were disturbed that a 23-year-old Marine corporal who was in theater had the audacity of hanging an American flag on a Saddam Hussein statue. Of course, he was denounced in the liberal, left-wing community for doing that.
I yield to the gentleman from Tennessee.
Let me say to my friend from Tennessee, that is why I said not all the Democrats but a lot of folks on the left denounced the fact that that flag was hung.
I would also point out that you were not one of them.
Reclaiming my time, I will yield further to you in just one second.
I am very pleased that you all are listening. Let me do this, because I am being generous here, but my ranking member of the Committee on Rules says that maybe we should do this a little bit more on your time.
Mr. Speaker, I yield to the gentleman from Massachusetts (Mr. McGovern).
I am glad that not only does the gentleman listen to fine speeches like mine, but he also reads the paper, which is very good.
I suspect it is probably The New York Times or The Washington Post.
Let me just say this, does that article point out that my colleagues voted against phasing in the tax cut, the refundability, in 2001? That is all I want to say.
What I would love to hear from our Democrat colleagues, Mr. Speaker, who are saying I voted against this tax cut and a tax cut which was a jobs bill, took 3 million working families off the tax roll, 3 million, and I understand they wanted them on. We thought it would be helpful for the working families of America to get off the tax roll. The reality is they voted against it. They wanted to keep them on. I understand that. I just wish they would acknowledge in the year 2001 that they voted against the child tax refundability clause, and I have the vote in my hand; and I can submit it for the Record, Mr. Speaker, and do that.
If my colleagues want to be helpful, what they ought to do on some of these tax bills that are aimed at creating jobs is say, hey, we want to amend the bill and we will do this. We will do this in a spirit of a democratic, small D, democratic House and process. We are going to vote for the bill if we put in some of their ideas, because this is the way it really should work, the best of their party and the best of our party combined together to put out just the best thoughts and do what is right for working families.
Let me point out that a family of four making $11,000 a year pays no income tax, pays about $842 in payroll taxes and receives $4,140 under the earned income tax credit. We think that is good. We think it also would be helpful, though, if my colleagues could join us in making these child tax credits permanent because their idea that they are concerned about now might have some merits. Why do they not join us in saying we are going to make these child tax credits permanent? We are not going to do a bait and switch, when in the year 2011 they are gone.
While we are at it, because we all know that a family of mom and dad have great potential for stability, why do we not end the marriage tax penalty together? Again, I throw out an olive branch to my colleagues, could they join us in making the marriage tax penalty permanent? That would be very helpful for the working poor. There are so many things that we could do together.
Another idea is the 10 percent tax bracket, the 10 percent rate. Could my colleagues join us in making that permanent? These are all things that could help the working poor.
We are not going to say we have the franchise on helping the working poor just because we voted to take 3 million off the payrolls and my colleagues voted against it. We are saying maybe they can join us on the next job creation package and come up with something that is in the best interest of all of us.
I would love to yield to the gentleman from Tennessee, but we are getting to the point we have got a lot of Members who want to go ahead and have a vote, and I am a little concerned about that.
Mr. Speaker, reclaiming my time, let me say this. Our objective is to get people working, and that was the real goal of this to get folks working.
Let me say this to my friend from Tennessee: if the gentleman wants to join us in making the child tax credit permanent; the marriage tax penalty, eliminate it permanently; the 10 percent tax credit, make that permanent, he and I need to get together because I think we can move the ball down the road, and that is all we want to do.
I am just saying that the planned, orchestrated campaign of the Democrat Party to denounce something that they all voted against in the year 2002, I just wish the speakers would say I voted against this in 2001, but it is a great idea and now I am mad that the Republicans are not doing it this way; I want it done even though I did not share any of the burden by being responsible and voting for it.
I want to end with this. There are a lot of differences between the Democrat and the Republican parties. They seem to be the group of frivolous lawsuits and starving trial lawyers. We are the party of tort reform, ending frivolous medical liabilities, making health care affordable and accessible. They seem to like unemployment checks and government handouts. We like paychecks, jobs and opportunities.
They like welfare and low expectations. We like welfare reform, jobs.
Mr. Speaker, here is the situation with welfare reform, Mr. Speaker. We passed welfare reform at a time when there were 14 million people on welfare. At that time, we were called all kinds of names, and they were saying it was heartless and we were mean-spirited and everything else and that these folks were unable to help themselves. What is interesting is in 1996 when we passed welfare reform, we had 14 million people on welfare. Today, that number is down to 5 million people, too high; but we need to continue working on that. The 9 million people are now tax paying, working, enjoying the opportunity, sharing in the American Dream. They are glad that we passed welfare reform.
There is a component in this that the Democrats are proposing which is simply welfare, and I think there may be some merit in that. I have no trouble at all in a healthy discussion on tinkering with welfare reform. This is good for everybody, but what our tax package was about was creating jobs, and we are going to continue to be the party of welfare reform, jobs and opportunity.
Committee on Ways and Means
child credit refundability fact sheet
What was the child credit prior to 2001?
Prior to 2001, the child credit was $500 per eligible
child. The credit was not refundable for most families.
However, for families with 3 or more eligible children, the
credit was refundable to the extent the family had payroll
tax liability that was not offset by the Earned Income Credit
(EIC).
How was the child credit expanded in 2001?
The Economic Growth and Tax Relief Reconciliation Act of
2001 significantly expanded the child credit in two important
ways.
(1) The law gradually increased the credit from $500 to
$1,000. The credit was $600 for 2003 and was scheduled to
reach $1,000 in 2010.
(2) The law made the child credit partially refundable for
all families with children--not just those with 3 or more
children. The credit is now refundable by an amount equal to
10 percent of the family's earned income in excess of
$10,000. The $10,000 threshold is indexed annually for
inflation (it is $10,500 for 2003), and the 10 percent
refundability rate will increase to 15 percent in 2005.
------------------------------------------------------------------------ ------------------------------------------------------------------------
Mr. President, during his State of the Union speech this week, President Bush emphasized the importance of local and charitable initiatives that help define the character of the many communities that…
Mr. President, during his State of the Union speech this week, President Bush emphasized the importance of local and charitable initiatives that help define the character of the many communities that make up the mosaic of our country. I have come to the floor today to discuss a community tradition that is unique to many of Alaska's remote villages and which should be recognized and supported by the Federal Government.
Subsistance whaling is vital to the survival of several Alaska Native communities. In many of our remote villages, the whale hunt is a tradition that has been carried on over many millennia. As part of that tradition, it is the custom that the captain of the hunt make all provisions for the meals, wages and equipment costs associated with the hunt.
After the hunt, the Captain is repaid in whale meat and muktuk, which is blubber and skin. However, as part of the tradition, the Captain donates a substantial portion of the whale to his village in order to help the community survive the harsh winter.
While the International Whaling Commission, IWC, has banned commercial whaling, it has specifically recognized the cultural significance of whaling to the Alaska Native community and has allowed them to continue the seasonal hunt. The IWC recognizes that the traditional whale hunt is not carried on for financial gain. Although the hunt generates no financial gain to the whaling captain, the captain incurs real expenses.
Since the whaling captain is not engaged in a business, he is not permitted to deduct the costs he incurs from his taxes. In order to maintain the traditional hunt and to offset some of the costs incurred by the Captain, I am today introducing legislation that would allow the captain to claim a charitable deduction of up to $10,000 to help defray the costs associated with providing this community service.
I want to point out that if the Captain incurred all of these expenses and then donated the whale meat to a local charitable organization, the Captain would almost certainly be able to deduct the costs he incurred in outfitting the boat for the charitable purpose. However, the cultural significance of the Captain's sharing the whale with the community would be lost. Moreover, since there is no commercial market for whale meat because of the international whaling bank, there is no way to set the value of such a charitable contribution.
This is a very modest proposal and I urge my colleagues to support this measure.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I speak today on behalf of Alaska's most vulnerable individuals, our children, the disabled, and the elderly poor. Since its enactment in 1965, the Medicaid program has helped States provide low-income and disabled individuals with access to vital health care services. In 1997, Congress allowed States to take on certain health-related responsibilities for children. The Denali Kid Care program, a Medicaid expansion, has been very successful in providing health services for Alaskan children. Unfortunately, under current law many Alaskans who rely on this program could lose some or all of their Medicaid coverage. This is because Alaska's Federal Medical Assistance percentage, FMAP, adjustment, a correction to the Medicaid formula due to the high cost of health care in Alaska, will expire within the next 2 fiscal years. An FMAP correction is necessary for Alaska because this ``one-size-fits-all'' formula does not account for variations in cost-of-living, and does not consider Alaska's higher federally mandated poverty level.
First of all, the FMAP formula was developed in 1946, 13 years before Alaska was admitted to the Union. This archaic formula is used to calculate the Federal share of Medicaid costs for each State. The calculations are based on the per capita income of individual States relative to the national per capita income. In this way, States with higher per capita incomes end up paying a higher percentage of their Medicaid costs. This formula appears to work well for States near the national norms for most economic indicators. It most certainly does not work in the State of Alaska, however, where these economic indicators appear more frequently as statistical exceptions and outlyers.
The problem is fairly simple: it just costs more to do business in Alaska, and this includes health care. A national per capita income threshold is not a fair indicator unless it takes into account the cost of living in that area. The cost-of-living adjustment for Federal employees in Alaska suggests that it costs 25 percent more to live in Alaska than in the lower 48, and Federal employee salaries are adjusted accordingly. A dollar simply does not buy the same thing in Alaska that it does in the lower 48.
This is especially true for health care costs. Estimates suggest that, on average, it costs up to 71 percent more to deliver health care services in Alaska. American Hospital Association data shows that Alaska has the highest average expense per hospital admission of any State in the Nation. But let's talk real numbers again. If you were to be admitted to a hospital in Oregon, on average the cost would be $6,649.00; in Alaska the same average hospital stay costs almost double, $10,859.00. There are also higher costs associated with limited road access and necessary air ambulance service for rural and isolated communities, but the Medicaid FMAP formula does not consider any of these additional costs.
In addition to the higher cost of services in Alaska, the Federal Government sets the poverty level 20 percent higher in Alaska than in any of the lower 48 States. This means 1 out of every 5 Alaskans is eligible for Medicaid. The problem is that this is essentially an unfunded Federal mandate because the FMAP formula, again, does not change to reflect this additional requirement. The higher demand for services that results from the higher poverty level dilutes our resources. The Medicaid FMAP formula was developed before Alaska became a State and does NOT provide the funds to cover all of those who are eligible.
However, in 1997 and again in 2000, Congress recognized that the Medicaid FMAP formula was unfair for Alaska and enacted an adjustment to the formula. Due in part to this more equitable funding and a careful re-allocation of resources, Alaska now: has the lowest age- adjusted death rate for breast cancer in the Nation; has one of the lowest infant mortality rates in the Nation; and has one of the lowest percentages of low birth weight babies in the Nation.
These are encouraging statistics, but more can and must be done to improve access to quality health care. All disabled and low-income Americans, including Alaskans, have been assured access to quality medical care. Alaska has proven it can deliver this quality care, but only with the necessary adjustment to the FMAP formula that recognizes the reality of Alaska's needs.
This issue is timely because the Congress has the opportunity to allow the State of Alaska to plan for the future. Planning is the essence of good management, and when it comes to health care, we must allow States to plan for future needs. In short, the Federal Government must remember its commitment to Alaskans, and allow my State a benefit that all other states have, assurance that money for vital Medicaid services will not just dry up and disappear.
Alaskans do not seek charity, we seek equity. The Congress has supported this request twice before, and I ask for an additional extension to honor Federal commitments to my state. The legislation that I am introducing today will permanently adjust the Medicaid formula for Alaska. I sincerely hope that my colleagues will support this vital legislation that will preserve my State's ability to provide health insurance to the most vulnerable Alaskans.
Mr. President, I rise to introduce a bill to establish the Denali Transportation System.
This bill in intended to help create in the same beneficial transportation system in Alaska as exists for every other State in the Union. It is patterned after a similar effort adopted years ago for the Appalachian region, which has demonstrated beyond any doubt that transportation investment is wise investment.
The bill authorizes the Secretary of Transportation to establish a program to fund the costs of construction of the Denali Transportation System, at a level of $450 million per year from Fiscal Year 2004 through Fiscal Year 2009. As new roads are constructed, they will become part of the National Highway System.
As my colleagues are aware, Alaska's ability to develop a strong economy for the benefit of the State and the nation is deeply impaired by the lack of transportation. This affects all aspects of life in the 49th State, from the delivery of fuel and essential services to individuals and families in our many remote villages, to our ability to develop Alaska's abundance of valuable natural resources. Only our major cities have modern roadways, and many of those remain isolated.
No State, or its citizens, can prosper without adequate transportation systems. In much of the country, such systems have been in place since before
the American Revolution, and have been constantly changing, adapting and being upgraded ever since. In much of Alaska, in contrast, residents are still forced to travel between communities by boat, or on frozen rivers, just as they did when the Territory of Alaska was first purchased from Imperial Russia. In this day, and age, such a situation is completely unacceptable. It is a lasting mark of neglect, and it is past time to rectify it.
The Denali Transportation System will provide far greater benefits than costs. As we enter an era where gigantic natural changes are occurring in the Arctic environment, and ice-free maritime transportation through the Arctic Ocean is expected to become a reality within decades, it is critical that we begin to prepare ourselves for those changes. Adequate transportation connections to, and within, America's only Arctic State are imperative.
As we debate a Federal budget during a time when the economy is struggling, let us not forget that the key to long-term prosperity is wise investment. Investing in Alaska is investing wisely. We have incomparable resources and vigorous citizens. It is time we have the transportation system that will allow those assets to be used as they should.
Mr. President, I ask unanimously consent that the text of the bill be printed in the Record.
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Mr. President, today, I am joined by my colleague, Senator Dorgan, in introducing the Professional Boxing Amendments Act of 2003. This legislation is designed to strengthen existing Federal boxing…
Mr. President, today, I am joined by my colleague, Senator Dorgan, in introducing the Professional Boxing Amendments Act of 2003. This legislation is designed to strengthen existing Federal boxing laws by making uniform certain health and safety standards, establish a centralized medical registry to be used by local commissions to protect boxers, reduce arbitrary practices of sanctioning organizations, and provide uniformity in ranking criteria and contractual guidelines. This legislation also would establish a Federal regulatory entity to oversee professional boxing and set uniform standards for certain aspects of the sport.
Since 1996, Congress has acted to improve the sport of boxing by passing two laws, the Professional Boxing Safety Act of 1996, and the Muhammad Ali Boxing Reform Act of 2000. These laws were intended to establish uniform standards to improve the health and safety of boxers, and to better protect them from the sometimes coercive, exploitative, and unethical business practices of promoters, managers, and sanctioning organizations.
While the Professional Boxing Safety Act, as amended by the Muhammad Ali Act, has had some positive effects on the sport, I am concerned by the repeated failure of some State and tribal boxing commissions to comply with the law, and the lack of enforcement of the law by both Federal and State law enforcement officials. Corruption remains endemic in professional boxing, and the sport continues to be beset with a variety of problems, some beyond the scope of the current system of local regulation.
Therefore, the bill we are introducing today would further strengthen Federal boxing laws, and also create a Federal regulatory entity, the ``United States Boxing Administration'', USBA, to oversee the sport. The USBA would be headed by an Administrator, appointed by the President, with the advice and consent of the Senate.
The primary functions of the USBA would be to protect the health, safety, and general interests of boxers. More specifically, the USBA would, among other things: administer Federal boxing laws and coordinate with other federal regulatory agencies to ensure that these laws are enforced; oversee all professional boxing matches in the United States; and work with the boxing industry and local commissions to improve the status and standards of the sport. The USBA would license boxers, promoters, managers, and sanctioning organizations, and revoke or suspend such licenses if the USBA believes that such action is in the public interest. No longer would a boxer be able to forum- shop for a state with a weak commission if he or she is undeserving of a license.
Under this legislative proposal, the fines collected and licensing fees imposed by the USBA would be used to fund a percentage of its activities. The USBA also would maintain a centralized database of medical and statistical information pertaining to boxers in the United States that would be used confidentially by local commissions in making licensing decisions.
Let me be clear. The USBA would not be intended to micro-manage boxing by interfering with the daily operations of local boxing commissions. Instead, the USBA would work in consultation with local commissions, and the USBA Administrator would only exercise his/her
authority should reasonable grounds exist for intervention.
The problems that plague the sport of professional boxing compromise the safety of boxers and undermine the credibility of the sport in the eyes of the public. I believe this bill provides a realistic approach to curbing these problems, and I urge my colleagues to support it.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, I am proud to sponsor the Military Home Owners Equity Act of 2003, S. 284. This is important legislation which I have been privileged to introduce in the Senate during previous Congresses. This legislation would allow members of the Uniformed Services, who are away on extended active duty, to qualify for the same tax relief on the profit generated when they sell their main residence as other Americans. I am pleased to announce that Secretary of State Colin Powell fully supports this legislation and this legislation enjoys overwhelming support by the senior uniformed leadership, the Joint Chiefs of Staff, as well as the Office of Management and Budget Director Mitch Daniels, the 31-member associations of the Military Coalition, the American Foreign Service Association, and the American Bar Association.
The average American participates in our Nation's growth through home ownership. Appreciation in the value of a home allows everyday Americans to participate in our country's prosperity. Fortunately, the Taxpayer Relief Act of 1997 recognized this and provided this break to lessen the amount of tax most Americans will pay on the profit they make when they sell their homes. Unfortunately, the 1997 home sale provision unintentionally discourages home ownership among members of the Uniformed and Foreign Services.
This bill will not create a new tax benefit; it merely modifies current law to include the time members of the Uniformed Services are away from home on active duty when calculating the number of years the homeowners has lived in their primary residence. In short, this bill is narrowly tailored to remedy a specific dilemma.
The Taxpayer Relief Act of 1997 delivered sweeping tax relief to millions of Americans through a wide variety of important tax changes that affect individuals, families, investors and businesses. It was also one of the most complex tax laws enacted in recent history.
As with any complex legislation, there are winners and losers. But in this instance, there are unintended losers: members of the Uniformed and Foreign Services.
The 1997 act gives taxpayers who sell their principal residence a much-needed tax break. Prior to the 1997 act, taxpayers received a one- time exclusion on the profit they made when they sold their principal residence, but the taxpayer had to be at least 55 years old and live in the residence for 2 of the 5 years preceding the sale. This provision primarily benefitted elderly taxpayers, while not providing any relief to younger taxpayers and their families.
Fortunately, the 1997 act addressed this issue. Under this law, taxpayers who sell their principal residence on or after May 7, 1997, are not taxed on the first $250,000 of profit from the sale, joint filers are not taxed on the first $500,000 of profit they make from selling their principal residence. The taxpayers must meet two requirements to qualify for this tax relief. The taxpayer must one, own the home for at least 2 of the 5 years preceding the sale, and two, live in the home as their main home for at least 2 years of the last 5 years.
I applaud the bipartisan cooperation that resulted in this much- needed form of tax relief. The home sales provision sounds great, and it is. Unfortunately,the second part of this eligibility test unintentionally and unfairly prohibits many of the women and men who serve this country overseas from qualifying for this beneficial tax relief.
Constant travel across the United States and abroad is inherent in the Uniformed and Foreign Services. Nonetheless, some members of these Services choose to purchase a home in a certain locale, even though they will not live there much of the time. Under the new law, if they do not have a spouse who resides in the house during their absence, they will not qualify for the full benefit of the new home sales provision, because no one ``lives'' in the home for the required period of time. The law is prejudiced against families that serve our Nation abroad. They would not qualify for the home sales exclusion because neither spouse ``live'' in the house for enough time to qualify for the exclusion.
This bill simply remedies an inequality in the 1997 law. The bill amends the Internal Revenue Code so that members of the Uniformed and Foreign Services will be considered to be using their house as their main residence for any period that they are assigned overseas in the execution of their duties. In short, they will be deemed to be using their house as their main home, even if they are stationed in Bosnia, the Persian Gulf, in the ``no man's land,'' commonly called the DMZ between North and South Korea, or anywhere else they are assigned.
In the wake of September 11, our Armed Forces are now deployed to an unprecedented number of locations. They are away from their primary homes, protecting and furthering the freedoms we Americans hold so dear. We cannot afford to discourage military service by penalizing military personnel with higher taxes merely because they are doing their job. Military service entails sacrifice, such as long periods of time away from friends and family and the constant threat of mobilization into hostile territory. We must not use the tax code to heap additional burdens upon our women and men in uniform.
In my view, the way to decrease the likelihood of further inequalities in the tax code, intentional or otherwise, is to adopt a fairer, flatter tax system that is far less complicated than our current system. But, in the meantime, we must insure the Tax Code is as fair and equitable as possible.
The Taxpayers' Relief Act of 1997 was designed to provide sweeping tax relief to all Americans, including those who serve this country abroad. Yes, it is true that there are winners and losers in any tax code, but, this inequity was unintended. Enacting this narrowly tailored remedy to grant equal tax relief to the members of our Uniformed and Foreign Services restores fairness and consistency to our increasingly complex Tax Code.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce the ``High School Sports Information Collection Act of 2003''. This legislation directs the Commissioner of the National Center for Education Statistics to…
Mr. President, I rise today to introduce the ``High School Sports Information Collection Act of 2003''. This legislation directs the Commissioner of the National Center for Education Statistics to collect data from our Nation's high schools regarding the participation of America's adolescents in athletics. Passage of this legislation would allow the Department of Education's Office on Civil Rights to better assess whether high schools are meeting the requirements under Title IX passed as part of the Education Amendments Act of 1972.
The existence of an information gap regarding high school athletic participation was highlighted by a 2001 by the General Accounting Office which was unable to respond to a Congressional request about participation in athletics, including schools' decisions to add or discontinue sports team in high schools, colleges and universities. However, ``because of limited readily available information and the difficulty of collecting comparable information'' the GAO instead could only answer the inquiry about changes in four-year intercollegiate sports.
The legislation is simple. It directs the Commissioner to collect information regarding participation in athletics broken down by gender, teams, race and ethnicity; overall budgets and expenditures, including items like travel expenses, equipment and uniforms and their replacement schedules; the numbers of coaches, full and part-time; and scheduling issues like participation in post-season opportunities and successes by team. These data are already reported, in most cases, to the state Departments of Education and would therefore not pose any additional burden on the high schools.
The simple straightforwardness of this legislation goes a long way toward ensuring that our high schools are complying with civil rights law as established under Title IX without creating a new paperwork requirement on our schools. After all when considering whether high schools are in compliance with this critical civil rights law, it is necessary to know what is actually happening in the schools.
There can be no doubt Title IX has played a role in increasing women's athletic opportunities. However, many argue that the implementation of this law has reduced opportunity for others. While I strongly disagree with such an assessment, I do believe that it is critical that policy makers, parents, coaches, and athletic directors alike have access to precise and timely data to inform the debate and ensure that decisions are based on an accurate picture of interest and participation. Precise information on the participation
levels in high school would assist the enforcement of Title IX on the high school level.
Participation in athletics renders physical benefits as well as important psychological benefits. Studies have shown that values learned from sports participation, such as teamwork, leadership, discipline, and pride in accomplishment, are important lessons for everyone and are especially beneficial as more women participate in business management and ownership positions in ever higher numbers. Certainly it is no coincidence that 80 percent of female managers of Fortune 500 companies have a background in athletics. There are palpable gains generated by participation in athletics, gains which should be as accessible for females as they have been for males for decades.
This legislation compliments current law and in fact would allow us to ensure that the law is being enforced better than we can today. The data regarding the participation of high school students in athletics has been lacking for too long and passage of this legislation would help athletic programs ensure that they are offering equal opportunity for all athletes.
Mr. President, I rise today to introduce legislation to help reverse the devastating population decline and economic distress that has plagued individuals and businesses in Maine's northernmost county. Aroostook County. What the bill does is simple, it will bring all of Aroostook County under the Empowerment Zone program.
To fully grasp the importance of this legislation, it is necessary to understand the unique situation facing the residents of Aroostook County. ``The County'', as it is called by Mainers, is a vast and remote region of Maine known for its expansive forest tracts and rugged terrain. As the northernmost county, it shares more of its border with Canada than its neighboring Maine counties, and has the distinction of being the largest county east of the Mississippi River. Its geographic isolation is even more acute when considering that the county's relatively small population of 76,000 people are scattered throughout 6,672 square miles of rural countryside. There are 208 townships in Aroostook County, however, well over half of the territory remains unorganized as forestland or wilderness.
Anyone traveling in Aroostook County can appreciate what these numbers cannot fully convey. Visiting many remote communities in Aroostook County by car requires navigating long distances on isolated roads, often in wintery conditions. Access by public ground transportation is nonexistent, and air travel is accessible only in the County's two largest towns, each of which has less than 10,000 people.
As profound as this geographic isolation may seem, it is the economic isolation and out-migration that has had the most devastating impact on the region. The economy of northern Maine has a historical dependence upon its natural resources, particularly forestry and agriculture. While these industries served the region well in previous decades, and continue to form the underpinnings of the local economy, many of these sectors have experienced decline and can no longer provide the number and type of quality jobs that residents need. The decline in the region's economy was further punctuated by the closure of Loring Air Force Base in Limestone in 1994. The Maine State Planning Office estimated that the base closure resulted in the loss of 3,494 jobs directly related to the base and another 1,751 in associated industry sectors, for a total loss of $106.9 million annual payroll dollars.
While officials in the region have put forward a Herculian effort to redevelop the region, with nearly 1,000 new jobs at the Loring Commerce Center alone--Aroostook County is still experiencing a significant ``job deficit'', and as a result continues to lose population at an alarming rate. Since its peak in 1960, northern Maine's population has declined by 30 percent to its current level of 76,330. Unfortunately, the Main State Planning Offset predicts that Aroostook County will continue losing population as more workers leave the area to seek opportunities and higher wages in southern Maine and the rest of New England.
In January 2002, a portion of Aroostook County was one of two regions that received Empowerment Zone status from the USDA for out-migration. The entire county experienced an out-migration of 15 percent from 86,936 in 1990 to 76,330 in 2000. Moreover, a shocking 40 percent of 15 to 29-year olds left during the last decade.
The current zone boundaries were chosen based on the criteria that Empowerment Zones be no larger than 1,000 square miles, contain no more than 3 non-contiguous parcels, and have no more than three developable sites greater than 2,000 acres in aggregate. The lines drawn for the Aroostook County Empowerment Zone were considered to be the most inclusive and reasonable given the constraints of the program. However, some of the most distressed communities that have lost substantial population are not in the Empowerment Zone, and economic factors for these communities are the same as those areas within the Empowerment Zone.
The legislation I am introducing would provide economic development opportunities to all reaches of Aroostook County by extending Empowerment Zone status to the entire county. This inclusive approach recognizes that the economic decline and population
out-migration are issues that entire region must confront, and, as evidenced by their successful Round III EZ application, they are attempting to confront. I believe the challenges faced by Aroostook County are significant, but not insurmountable. This legislation would make great strides in improving the communities and business in northern Maine, and I urge my colleagues to join me to support this important bill.
Mr. President, I rise today to introduce legislation that will enhance the future economic vitality of communities in Otero, Lincoln, Torrance, Guadalupe, and Quay Counties. The purpose of this…
Mr. President, I rise today to introduce legislation that will enhance the future economic vitality of communities in Otero, Lincoln, Torrance, Guadalupe, and Quay Counties. The purpose of this legislation is to focus attention on the need to upgrade U.S. Highway 54 to four lanes. I believe improving the transportation infrastructure will help attract good jobs to South, Central, and Eastern New Mexico.
I am honored to have my good friend and colleague, Senator Roberts, as the lead cosponsor of the bill. I am also pleased to have Senators Inhofe, Hutchison, Domenici and Brownback as original cosponsors.
In addition, Representatives Udall, NM, Moran, Lucas, Thornberry, Pearce, and Reyes are introducing this bill today on the House side.
Our bill designates U.S. Highway 54 from the border with Mexico at El Paso, TX, through New Mexico, and Oklahoma to Wichita, KS, as the Southwest Passage Initiative for Regional and Interstate Transportation, or SPIRIT, corridor. Congress has already included Highway 54 as part of the National Highway System. This bill adds the SPIRIT Corridor in Congress's list of High Priority Corridors on the National Highway System.
About half of the 700-mile-long SPIRIT corridor is in New Mexico and another 200 miles of it are in Kansas. Our goal with this designation is to promote the development of this route into a full four-lane divided highway. When completed, the route will link rural areas in the four States to major market centers.
I continue to believe strongly in the importance of highway infrastructure for economic development in my State. Even in this age of the new economy and high-speed digital communications, roads continue to link our communities together and to carry the commercial goods and products our citizens need. Safe and efficient highways are especially important to citizens in the rural parts of New Mexico.
It is well known that regions with four-lane highways more readily attract out-of-State visitors and new jobs. Truck drivers and the traveling public prefer the safety of a four-lane divided highway.
In New Mexico, US 54 is a fairly level route, bypassing New Mexico's major mountain ranges. The route also traverses some of New Mexico's most dramatic scenery, including two of the State's popular Scenic Byways. One is the Mesalands Scenic Byway in Guadalupe, San Miguel and Quay Counties, incorporating the beautiful tablelands known as El Llano Estacado. The other is the state's newest byway, La Frontera de Llano, which follows highway 39 from Logan to Abbott in Harding County, including the spectacular Canadian River Canyon and the Kiowa National Grasslands.
The SPIRIT corridor passes through Alamogordo, home of the New Mexico Museum of Space History and gateway to the stunning White Sands National Monument.
Highway 54 is also important to our nation from the perspective of national security. The route directly serves Fort Bliss, the White Sands Missile Range, and Holloman Air Force Base. It also passes through the Nation's breadbasket as well as some of the Nation's most important oil and gas fields.
The route of the SPIRIT corridor starts at Juarez, Chihuahua, Mexico, home of one the largest concentrations of manufacturing in the border region. As a result of increased trade under NAFTA, commercial border traffic is now much higher at the border crossings in El Paso, Texas, and Santa Teresa, New Mexico. In New Mexico, truck traffic from the border has risen to over 1000 per day and is expected to triple in the next twenty years.
The SPIRIT corridor is perfectly situated to serve international trade and promote economic development along its entire route. The route provides direct connections to four major Interstate Highways: I- 10, I-35, I-40, and I-70. SPIRIT is also the shortest route between Chicago and El Paso, shaving 137 miles off the major alternative.
Though much of US 54 is currently only two lanes, traffic has been rising dramatically along the entire route since NAFTA was implemented. In New Mexico, total daily traffic levels are nearing 10,000 and are projected to rise to 30,000, with trucks making up 35 percent of the total. In Oklahoma, traffic levels are up to 6,500 per day--40 percent of which are commercial trucks. These traffic statistics clearly reflect the SPIRIT corridor's attraction to commercial and passenger drivers.
New Mexicans recognize the importance of efficient roads to economic development and safety. I have long supported my state's efforts to complete the four-lane upgrade of US 54. The State Highway and Transportation Department now rates the project a high priority for New Mexico. The four-lane upgrade of the first 56-mile segment from the Texas border to Alamogordo was completed last year. Two more sections in New Mexico remain to be upgraded: 163 miles from Tularosa, north through Carrizozo, Corona, and
Vaughn, to Santa Rosa and 50 miles from Tucumcari to the Texas border near Nara Visa in Quay County. The cost to four-lane these two segments is estimated at $420 million. I am committed to working to help secure the funding required to complete New Mexico's four-lane upgrade as soon as possible. I am pleased the other States are also moving quickly to four-lane their portion of the route. I hope designating SPIRIT as a High Priority Corridor on the National Highway System will help spur the completion of this project.
Once the SPIRIT corridor is designated, New Mexico will have four high-priority corridors on the National Highway System. The other three are the Ports-to-Plains corridor, the Camino Real Corridor, and the East West Transamerica Corridor. These four trade corridors, as well as our close proximity to the border, strongly underscore the vital role New Mexico plays in our nation's interstate and international transportation network.
The SPIRIT project has broad grassroots support. Most of the cities, counties, and chambers of commerce all the way from Wichita to El Paso have passed resolutions of support for the four-lane upgrade of US 54 along the entire corridor.
I do believe the four-lane upgrade of Highway 54 is vital to the continued economic development for all of the communities along the SPIRIT corridor in New Mexico.
I again thank Senators Roberts, Inhofe, Hutchison, Domenici and Brownback for cosponsoring the bill, and I hope all Senators will join us in support of this important legislation. It is my hope that our bill can pass quickly this year or be included when the Senate considers the reauthorization of the six-year transportation bill.
I ask unanimous consent that the text of the bill be printed in the Record. I ask unanimous consent that letters and resolutions of support from Otero County, Lincoln County, and Alamogordo in New Mexico, and from the Director of the Oklahoma Department of Transportation and the Secretary of Transportation of Kansas be printed in the Record.
Mr. President, I rise today to introduce the Bear River Migratory Bird Refuge Visitor Center Act. Long a haven for migratory birds, the Bear River marshes provide millions of birds with habitat and…
Mr. President, I rise today to introduce the Bear River Migratory Bird Refuge Visitor Center Act.
Long a haven for migratory birds, the Bear River marshes provide millions of birds with habitat and food. In 1928, in response to a series of devastating outbreaks of avian botulism, which killed thousands of birds along the river, Congress established the Bear River Migratory Bird Refuge. It serves to provide habitat for waterfowl, protect waterfowl from botulism outbreaks, and provide recreational and education opportunities to the public.
In 1983, floods breached the refuge dikes, destroyed the visitor center, and contaminated the rich wildlife habitat. Thanks to the great efforts of Al Trout, the refuge manager, refuge employees, and numerous volunteers, an increasing number of both waterfowl and humans are visiting the Bear River Migratory Bird Refuge each year. Today, the Bear River Refuge encompasses 74,000 acres and has provided refuge for over 220 recorded waterfowl species. However, a new visitor center for the refuge has yet to be built. As such, rich educational opportunities associated with visitor center programs and exhibits are not available to the public. Aware of the benefits of such a center, a number of local communities, the Friends of Bear River Bird Refuge, and other nonprofit organizations have raised over $1.5 million for the project.
This legislation would authorize $11 million to be used for the construction of an Education Center and Administrative Facility. Such a facility would both generate much needed public awareness of our national wildlife refuge system and significantly enhance the visiting public's refuge experience. A visitor center at the Bear River Migratory bird Refuge will result in a more meaningful, educational, and accessible experience for the visiting public.
I believe that this legislation is an exciting opportunity to showcase the many wildlife and natural treasures that Utah's Bear River Migratory Bird Refuge contains. I look forward to working with my colleagues in the Senate to pass this legislation this session.
Mr. President, I rise today to introduce the Mount Naomi Wilderness Boundary Adjustment Act.
Included in the Utah Wilderness Act of 1984, the Mount Naomi Wilderness is one of Utah's largest wilderness areas at over 44,000 acres. It is a very scenic area and contains some of the best examples of alpine terrain in the intermountain west. There are large populations of moose, elk, and deer. It is an area truly worthy of its designation.
Unfortunately the boundaries were drawn in such a way as to have some unintended consequences. Running through the wilderness is a utility corridor, containing a major electricity transmission line. This power line serves the residents of Logan and the whole south end of Cache Valley. Because of restrictions in the Wilderness Act of 1964, maintaining and repairing the power line will be very difficult in the future.
Also impacted by Mount Naomi's boundaries is one of Utah's most popular hiking and mountain biking trails: the Bonneville Shoreline Trail. The Bonneville Shoreline Trail, when completed will be over 250 miles in length. Starting in Nephi and heading north into Idaho, the trail will follow the shoreline of ancient Lake Bonneville. The alignment of the trail is planned to go through a small part of the Mount Naomi Wilderness. While hikers and equestrian users would be permitted to use this section of the trail, mountain bikers would be prohibited. The city of Logan has tried to work to change the alignment to adjacent private property to no avail.
The legislation I am introducing today would redraw the boundaries of the Mount Naomi Wilderness. The acreage of this wilderness area would not change, thirty-one current acres would be excluded and thirty-one new acres would be added. The newly added lands will be managed pursuant to the Utah Wilderness Act of 1984. The boundaries will now better reflect the topography of Mount Naomi and the inconsistent uses will be removed from the wilderness.
This legislation was originally offered in the 107th Congress by former Representative Jim Hansen. It passed the House of Representatives but was never acted upon by the Senate. The city of Logan, Cache County, and the United States Forest Service all are supportive of this legislation.
I look forward to working with my colleagues in the Senate to pass this legislation this session.
Mr. President, I am proud to join the Senator from Vermont today to introduce the Artist-Museum Partnership Act. He and I have introduced this legislation in the past, and we hope that our colleagues will see this bill for what it is: a reasonable solution to an unintentional inequity in our tax code.
This legislation would allow living artists to deduct the fair-market value of their art work when they contribute their work to museums or other public institutions. As the tax code is currently written, art collectors are able to deduct the fair market value of any piece of art they donate to a museum. However, if the artist who created that same piece of work were to donate it, he or she would only be able to deduct the material cost of the work, which may be nothing more than a canvas, a tube of paint, and a wooden frame. Thus, there exists a disincentive for artists to donate their work to museums. The solution is simple: treat collectors and artists the same way. This bill would do just that.
Certainly, this bill would benefit artists, but more importantly, the beneficiaries would be the museums that would receive the art work and the general public who would be able to view it in a timely manner. This change in the tax code would increase the number of original pieces donated to public institutions, giving scholars greater access to an artist's work during the lifetime of that artist, as well as provide for an increase in the public display of such work.
I would like to thank Senator Leahy for his work on this bill. I urge my colleagues to support this common-sense legislation. The fiscal impact of the Artist-Museum Partnership Act on the Federal budget would be minimal, but the benefit to our nation's cultural and artistic heritage cannot be overstated. This minor correction to the tax code is long overdue, and the Senate should act on this legislation to remedy the problem.
Mr. President, I rise today with Senator Bennett to introduce the ``Artist-Museum Partnership Act of 2003.'' Our bipartisan legislation will enable our country to keep cherished art works in the…
Mr. President, I rise today with Senator Bennett to introduce the ``Artist-Museum Partnership Act of 2003.'' Our bipartisan legislation will enable our country to keep cherished art works in the United States and to preserve them in our public institutions, while erasing an inequity in our tax code that currently serves as a disincentive for artists to donate their works to museums and libraries. This is the same bill we introduced the past two Congresses. It was also included in the Senate-passed version of the President's 2001 tax cut bill and in the Finance Committee's version of the Charity Aid, Recovery, and Empowerment, CARE, Act. I would like to thank Senators Bingaman, Cochran, Daschle, Durbin, Graham of Florida, Kennedy, Lieberman, Lincoln, and Warner for cosponsoring this bipartisan bill.
Our bill is sensible and straightforward. It would allow artists, writers, and composers who donate works to museums and libraries to take a tax deduction equal to the fair market value of the work. This is something that collectors who make similar donations are already able to do. If we as a Nation want to ensure that art works created by living artists are available to the public in the future, for study or for pleasure, this is something that artists should be allowed to do as well. Under current law, artists who donate self-created works are only able to deduct the cost of supplies such as canvas, pen, paper and ink, which does not even come close to their true value. This is unfair to artists and it hurts museums and libraries, large and small, that are dedicated to preserving works for posterity.
In my State of Vermont, we are incredibly proud of the great works produced by hundreds of local artists who choose to live and work in the Green Mountain State. Displaying their creations in museums and libraries helps develop a sense of pride among Vermonters and strengthens a bond with Vermont, its landscape, its beauty and its cultural heritage. Anyone who has contemplated a painting in a museum or examined an original manuscript or composition, and has gained a greater understanding of both the artist and the subject as a result, knows the tremendous value of these works. I would like to see more of them, not fewer, preserved in Vermont and across the country.
Prior to 1969, artists and collectors alike were able to take a deduction equivalent to the fair market value of a work, but Congress changed the law with respect to artists in the Tax Reform Act of 1969. Since then, fewer and fewer artists have donated their works to museums and cultural institutions. The sharp decline in donations to the Library of Congress clearly illustrates this point. Until 1969, the Library of Congress received 15 to 20 large gifts of manuscripts from authors each year. In the four years following the elimination of the deduction, the Library received only one such gift. Instead, many of these works have been sold to private collectors and are no longer available to the general public.
For example, prior to the enactment of the 1969 law, Igor Stravinsky planned to donate his papers to the Music Division of the Library of Congress. But after the law passed, his papers were sold instead to a private foundation in Switzerland. We can no longer afford this massive loss to our cultural heritage. These losses are an unintended consequence of the tax bill that should now be corrected.
More than 30 years ago, Congress changed the law for artists in response to the perception that some taxpayers were taking advantage of the law by inflating the market value of self-created works. Since that time, however, the government has cut down significantly on the abuse of fair market value determinations. Under this legislation, artists who donate their own paintings, manuscripts, compositions, or scholarly compositions, would be subject to the same new rules that all taxpayer/ collectors who donate such works must now follow. This includes providing relevant information as to
the value of the gift, providing appraisals by qualified appraisers, and, in some cases, subjecting them to review by the Internal Revenue Service's Art Advisory Panel.
In addition, donated works must be accepted by museums and libraries, which often have strict criteria in place for works they intend to display. The institution must certify that it intends to put the work to a use that is related to the institution's tax exempt status. For example, a painting contributed to an educational institution must be used by that organization for educational purposes. It could not be sold by the institution for profit. Similarly, a work could not be donated to a hospital or other charitable institution that did not intend to use the work in a manner related to the function constituting the donee's exemption under Section 501 of the tax code. Finally, the fair market value of the work could only be deducted from the portion of the artist's income that has come from the sale of similar works, or related activities.
This bill would also correct another disparity in the tax treatment of self-created works, how the same work is treated before and after an artist's death. While living artists may only deduct the material costs of donations, donations of those same works after death are deductible from estate taxes at the fair market value of the work. In addition, when an artist dies, works that are part of his or her estate are taxed on the fair market value.
Last Congress, the Joint Committee on Taxation estimated that our bill would cost $50 million over 10 years. This is a moderate price to pay for our education and the preservation of our cultural heritage.
I want to thank my colleagues again for cosponsoring this bipartisan legislation. The time has come for us to correct an unintended consequence of the 1969 law and encourage rather than discourage the donations of art works by their creators. This bill could, and I believe would, make a critical difference in an artist's decision to donate his or her work, rather than sell it to a private party, where it may become lost to the public forever.
Mr. President, today I rise to introduce, along with my colleagues Senators Grassley and Kohl, S. 274, the ``Class Action Fairness Act of 2003.'' Over the past decade, it has become clear that abuses…
Mr. President, today I rise to introduce, along with my colleagues Senators Grassley and Kohl, S. 274, the ``Class Action Fairness Act of 2003.''
Over the past decade, it has become clear that abuses of the class action system have reached epidemic levels. In recent years, it has become equally clear that the ultimate victims of this epidemic are poorly-represented class members and individual consumers throughout the Nation. The Class Action Fairness Act of 2003 represents a modest, measured effort to remedy the plague of abuses, inconsistencies, and inefficiencies that infest our current system of class action litigation.
It is essential that we address the abuses that are running rampant in our current class action litigation system. Frequently, plaintiff class members are not adequately informed of their rights or of the terms and practical implications of a proposed settlement. Too often judges approve settlements that primarily benefit the class counsel, rather than the class members. There are numerous examples of settlements where class members receive little or nothing, while attorneys receive millions of dollars in fees. Multiple class
action suits asserting the same claims on behalf of the same plaintiffs are routinely filed in different State courts, causing judicial inefficiencies and encouraging collusive settlement behavior. And State courts are more frequently certifying national classes leading to rulings that infringe upon or conflict with the established laws and policies of other states.
Despite the mountains of evidence demonstrating the drastically increasing harms caused by class action abuses, I am sure that some will attempt to deny the existence of any problem at all. Others will try to confuse the issue with spurious claims that proposed reforms would somehow disadvantage victims with legitimate claims or further worsen class action abuses. Others may even contend that past legislative reforms have contributed to recent financial debacles and that the proposed reforms will encourage more. Such claims are nothing more than red herrings intended to divert the debate from the real issues.
In this regard let me emphasize a few points regarding S. 274. First, this bill does not seek to eliminate State court class action litigation. Class action suits brought in State courts have proven in many contexts to be an effective and desirable tool for protecting civil and consumer rights. Nor do the reforms we will discuss today in any way diminish the rights or practical ability of victims to band together to pursue their claims against large corporations. In fact, we have included several consumer protection provisions in our legislation that I feel strongly will substantially improve plaintiffs' chances of achieving a fair result in any settlement proposal.
There are three key components to S. 274. First, the bill implements consumer protections against abusive settlements by: No. 1. requiring simplified notices that explain to class members the terms of proposed class action settlements and their rights with respect to the proposed settlement in ``plain English''; No. 2. enhancing judicial scrutiny of coupon settlements; No. 3. providing a standard for judicial approval of settlements that would result in a net monetary loss to plaintiffs; No. 4. prohibiting ``bounties'' to class representatives; and No. 5. prohibiting settlements that favor class members based upon geographic proximity to the courthouse.
Second, the bill requires that notice of class action settlements be sent to appropriate State and Federal authorities to provide them with sufficient information to determine whether the settlement is in the best interest of the citizens they represent.
Finally, the bill amends the diversity-of-citizenship jurisdiction statute to allow large interstate class actions to be adjudicated in Federal court by granting jurisdiction in class actions where there is ``minimal diversity'' and the aggregate amount in controversy among all class members exceeds $2 million.
Although some critics have argued that this amendment to diversity jurisdiction somehow violates the principles of federalism or is inconsistent with the Constitution, I fully agree with Mr. Walter Dellinger, former Solicitor General, who testified at our Judiciary Committee hearing last fall, that it is ``difficult to understand any objection to the goal of bringing to the federal court cases of genuine national importance that fall clearly within the jurisdiction conferred on those courts by Article III of the Constitution.''
Last, I would like to express my appreciation to the many individuals who have shared with me the details of their experiences with class action litigation. In particular, I am grateful to those victims of various abuses of the current system who have come forward and told their stories in the hope that something positive might come out of their terrible experiences.
Among those who have come forward is Irene Taylor of Tyler, TX, who was bilked out of approximately $20,000 in a telemarketing scam that defrauded senior citizens out of more than $200 million. In a class action brought in Madison County, IL, the attorneys purportedly representing Mrs. Taylor negotiated a proposed settlement which will exclude her from any recovery whatsoever.
Martha Preston of Baraboo, WI, provides another excellent example. Ms. Preston was involved in the famous BancBoston case, brought in Alabama State court, which involved the bank's failure to post interest to mortgage escrow accounts in a prompt manner. Although Ms. Preston did receive a settlement of about $4, approximately $95 was deducted from her account to help pay the class counsel's legal fees of $8.5 million. Notably, Ms. Preston testified before my committee 5 years ago asking us to stop these abusive class action lawsuits, but it appears that, at least thus far, her plea has not been heard.
I urge my colleagues to support this modest effort to reform the abuses in the current system, abuses that are actually hurting those the system is supposed to help.
Mr. President, I rise today to introduce The Class Action Fairness Act of 2003, a bill that will help curb class action lawsuit abuse. For the last several Congresses, Senators Kohl, Hatch and others…
Mr. President, I rise today to introduce The Class Action Fairness Act of 2003, a bill that will help curb class action lawsuit abuse. For the last several Congresses, Senators Kohl, Hatch and others have joined me in introducing this important measure. Over the years, we have held several hearings on the numerous abuses of the class action system and the urgent need for reform. The Senate Judiciary Committee marked up and reported a similar class action bill in the 106th Congress, and in the 107th Congress the Judiciary Committee held a hearing on class action abuse. This bi-partisan bill has garnered increasing support over the years, and I look forward to even greater support in this Congress.
Abuses of the class action system abound. Specifically, class action cases have proven to be an easy way for attorneys to make millions of dollars while the plaintiff class members receive little or nothing of value. We all are familiar with the many class action lawsuits where plaintiffs were awarded nothing or coupons of limited value, while the lawyers got all the money in attorney's fees. Everyone of us has found ourselves to have been a potential member of a plaintiff class in a class action lawsuit, and for those of us who are not lawyers, it has been impossible to know what our rights are or whether we are being served the attorneys we never hired in the first place.
In addition, most class action lawsuits are being filed in state courts, even though these are usually the cases that involve the most money, have nationwide implications, and implicate citizens from all 50 States. Lawyers often game the system so they can bring lawsuits in State courts, which are more likely to certify class actions without adequately considering whether a class action would be fair to all class members. In some instances, class lawyers manipulate pleadings to avoid removal of the lawsuit to the federal courts. To do this, lawyers may claim that their clients suffered under $75,000 in damages so that the Federal threshold isn't triggered, even though their clients may have suffered an even greater injury. Class lawyers also sometimes defeat the complete diversity requirement by ensuring that at least one named class member is from the same state as a defendant, even if every other class member is from a different state.
The Class Action Fairness Act of 2003 will go a long way toward ending some of these abuses. This modest bill carefully fixes the more egregious problems with the class action system, while preserving class action lawsuits as an important tool which brings representation to the unrepresented.
First, our bill requires that notice of proposed settlements in all class actions, as well as all class notices, must be in clear, easily understood English and must include all material settlement terms, including amount and source of attorneys' fees. The notices most plaintiffs receive are written in small print and confusing legal jargon. In fact, a lawyer testified before my Subcommittee that even he could not understand the notice he received as a plaintiff in a class action lawsuit. Since plaintiffs are giving up their right to sue, it is imperative that they understand what they are doing and the ramifications of their actions.
Second, our bill requires that State attorneys general be notified of any proposed class settlement that would affect residents of their States. The notice would give a State attorney general the opportunity to object if the settlement terms are unfair to consumers.
Third, our bill disallows bounty payments to lead plaintiffs so lawyers looking for victims can't promise them unwarranted payoffs to be their excuse
for filing suit. It also prevents settlements that discriminate based on geography, so that one plaintiff doesn't receive more money just because he lives near the courthouse.
Fourth, our bill requires that courts scrutinize settlements where the plaintiffs get only coupons or non-cash awards, and the lawyers get money. The courts are required to make a written finding that the settlement is fair and reasonable for class members. A court will still be able to find that a non-cash settlement, like in the case of injunctive relief banning some type of bad conduct, is fair and reasonable. But courts would be able to throw out sham settlements where the lawyers get big paychecks but the plaintiffs get nothing but coupons.
Finally, our bill allows more class action lawsuits to be removed from state court to federal court, either by a defendant or an unnamed class member. A class action would qualify for federal jurisdiction if the total damages exceed $2,000,000 and parties include citizens from multiple States. Currently, class lawyers can avoid removal if individual claims are for $75,000 or less, even if hundreds of millions of dollars in total are at stake, or if just one class member is from the same State as a defendant. But if a case really belongs in state court because it's a State-law question or the substantial majority of class members and defendants are in-State, the case will stay in state court.
We need class action reform badly. Both plaintiffs and defendants are calling for change in this area. The Class Action Fairness Act of 2003 is a good, modest bill that will help curb the many problems that have plagued the class action system.
This bill will remove the conflict of interest that lawyers face in class action lawsuits, and will ensure the fair settlement of these cases. This bill will preserve the process, but put a stop to the more egregious abuses. I urge all my colleagues to join Senators Kohl, Hatch, Carper, Specter, Chafee, Lugar, Miller and I in supporting this important legislation.
Mr. President I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 273) to provide for the expeditious completion of the acquisition of land owned by the State of Wyoming within the boundaries of…
Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 273) to provide for the expeditious completion of the acquisition of land owned by the State of Wyoming within the boundaries of Grand Teton National Park, and for other purposes.
Mr. Speaker, I yield myself such time as I may consume. I rise today to support a bill that is of great interest to the State of Wyoming and to many, many environmental groups across the country. It is not often that I can stand here and agree with the positions of most of the environmental groups that we deal with on a daily basis, but this Grand Teton National Park Land Exchange Act is one such environmental issue that I think everyone should support if they are in fact interested in maintaining the integrity of Grand Teton National Park.
One of the worst things that I can think of happening to Grand Teton National Park is to have an ultra-, ultra-wealthy person build themselves a mansion or a symbol of their wealth at the base of the Grand Tetons and destroy that beautiful open space and land that we fight so hard to protect and to fund every year. The Grand Teton National Park Land Exchange Act was introduced by Senator Thomas and cosponsored by Senator Enzi and is supported by all five elected Wyoming State officials, the National Park Service, the local communities, and all of the environmental organizations that I am aware of. The measure passed the Senate on April 3, 2003, under unanimous consent.
This bill presents a unique opportunity with regard to Federal land management in our national parks that would greatly benefit the American people, as well as Wyoming school
children. The Grand Teton National Park was established by Congress on February 29, 1929, to protect the natural resources of the Teton range and Jackson's unique beauty. On March 15, 1943, President Franklin Delano Roosevelt established Jackson Hole National Monument adjacent to the park. Grand Teton National Park was then expanded to its present size by Congress on September 14, 1950, to include a portion of the land from the Jackson Hole National Monument.
The park currently encompasses approximately 310,000 acres of wilderness and some of the most amazing scenery to be found in any corner of the world. I would put the Jackson Teton National Park area in competition with any area in the world for its beauty and for its glory to nature. However, when Wyoming received its statehood in 1890, sections of the land were set aside for school revenue purposes. All income from these lands, whether it is rents, grazing fees, sales, or other sources is placed in a special trust fund for the benefit of school students in the State.
The establishment of these school sections predates the establishment of most national parks or monuments within our State's boundaries, creating several State inholdings within Federal land masses, such as the Grand Teton National Park. Currently, over 1,406 acres in State surface and mineral acres are held by the State of Wyoming in isolated plots within the Grand Teton National Park. This land ownership situation creates problems not only for the potential of very wealthy people building a shrine to themselves in the middle of the free open space in Grand Teton National Park, but it also puts the State of Wyoming, in order to meets its educational needs, in a situation where it may be forced to try to sell the land to private entities so that that land could be developed into housing developments or whatever. This legislation would stop any future attempts to do that.
The legislation would allow the State of Wyoming to trade or sell these precious State lands locked up inside the park to the Federal Government in exchange for other Federal lands, minerals, or appropriated dollars, or a combination of all three, to address Wyoming's public school needs. Further, the American public can consolidate under the National Park Service management the lands within the Grand Teton National Park's borders and protect them from future development pressures placed upon the State for the benefit of our school children.
This is a win-win scenario for everyone involved. Within 90 days after this bill is signed into law, the land would be valued through agreement by the Wyoming Governor and the Secretary of the Interior. If there is no agreement, an appraisal process will be set up to determine the value of the lands or minerals in question to ensure fairness to all parties. There will also be an appeals process to further ensure fairness to all parties. Within 180 days after the land value is determined, the Interior Secretary, in consultation with the Governor, will determine an exchange of Federal assets for equal value of the State lands.
This body has an incredible opportunity to allow the consolidation of lands within Teton National Park and to allow the State of Wyoming to capture fair market value for the benefit of all Wyoming school children. I respectfully request that the Members of this body vote in favor of this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I make the point of order that the gentleman is focusing on the merits of other legislation that is not in front of us today.
Mr. Speaker, I would like to point out that the gentleman is not speaking to the bill in front of us, but referring to the merits of another bill. But I would also like to say that he is doing a very good job of it.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I ask all Members who are in favor of this bill to vote in favor of this bill. That is the democratic way; that is the method that we have set up to have government that is dependable, that we can base our future on.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.
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Mr. Speaker, I thank the gentlewoman for yielding me this time. This is an important bill. These lands that were given to the State of Wyoming by the Federal Government were for the purposes of…
Mr. Speaker, I thank the gentlewoman for yielding me this time.
This is an important bill. These lands that were given to the State of Wyoming by the Federal Government were for the purposes of educating their children. It was an effort by the Federal Government to try to put resources into their hands so that the resources would be there for the State to provide for that education. That is what we do with the child tax credit; we try to put resources into the hands of parents so that they will have the money to provide for the health and welfare of their children and for the expenses of holding their families together in difficult economic times, recognizing that we want our children properly cared for. That is what the State of Wyoming has done with these State lands. That is what the Federal Government did when it transferred the lands to the State of Wyoming; and it is for a very, very good purpose.
Now we have the opportunity to transfer those lands to keep them out of other development within the boundaries of the national park to make sure the park can be consistent in its mission. It is one of the great parks in the world. It is one of the great ecosystems in the world with its diversity and with its habitat that it protects and provides for. That possibly is now under threat from development from what the gentlewoman from Wyoming described as the ultra-, ultra-wealthy who might build homes there.
It sounds a little like class warfare. I do not think that is what is going on here, but since we opened up the subject of the classes here in the discussion of this bill, I want to raise the prospects of those individuals. Because not only is this a great national park in terms of its environment and ecosystems and its beauty and its importance in terms of the protections of surrounding areas and watersheds, it is also a huge economic engine. Because of its beauty, because of its importance, it drives millions of people from all over the world to come and visit the Tetons and come and visit Jackson and to experience the bounty of this country.
To service those people, we have people working in the service industry. They work for the concessionaires and the parks; they work for the restaurants and the hotels and the tourism industry. They work as guides for fishermen, they work as guides for people who want to hike the Tetons, they run climbing schools. At the end of the year, they do not make very much money, but they have families. They have children. And today they get a child tax credit if they have children. They file it like everyone else. And in the tax bill 2 weeks ago, we increased that tax credit for Americans, families with children, an additional $400.
Point of Order
The gentleman from California would say to the Chair that I am focusing on the employees of the Grand Teton National Park, which is the subject matter of this legislation. And the reason these lands are being given is to try to maintain the integrity of that park which provides so many economic benefits to the State of Wyoming and to our country through international tourism. And the welfare of those workers ought to be of as much concern to us as the integrity of the land base.
Granted. If it is required by the Chair, I would be glad to put a map down on the table and talk about this in terms of the map of the Grand Teton National Park.
This is about a nexus. This is about whether or not people are going to be able to afford to take those jobs in that park that tourism generates, a very, very important part of the western economy in this country, a part of our economy that is in serious trouble.
There is a story today in the newspapers, I do not know if it is in The New York Times or the L.A. Times, that the national parks are suffering; that tourism is not only down from 9-11, it was down before 9-11. So what are the national parks trying to do? What are the concessionaires trying to do? What are the people who are on the perimeter of the park who run the hotels, run the lodging systems, the guide systems trying to do? They are trying to increase service to attract Americans and international visitors back to the national parks. But if their employees cannot sustain themselves with the jobs that are offered, then it is not going to work.
One of the things we do to help these people who are working in these jobs where the wages are not very good is we provide a child tax credit for those people who are working and have families. But somehow last week the Republican leadership decided that that tax credit would not go to the employees of the Grand Teton National Park, the subject matter which we are talking about.
Point of Order
I am working hard, Mr. Speaker.
I thank the Chair for the admonition, and I take it seriously.
I have counted my words and I have talked about the Grand Teton National Park and the State land transfer and the employees of the park, I think on a ratio of about 12 to 1 to the tax credit, which those employees will be denied, as will some 34,000 other children in Wyoming who will not be eligible for the tax credit because of the actions of the Republicans.
But my ratio of nexus to this bill far exceeds my discussion of the tax bill. I have been doing this for many years. And because we do not have an opportunity, and we did not have an opportunity, to discuss a substitute to the tax bill, we have to find ourselves in a situation where we have to talk about it on other matters as they are presented to the House, always closely keeping the nexus between the matter at hand and the subject matter that is far more important to the American people, and especially for those families with those 12 million children who will not get the tax credits this summer because Republicans simply decided that low-income hard-working American families were not entitled to it.
Mr. Speaker, pursuant to House Resolution 258, I call up the Senate bill (S. 273) to provide for the expeditious completion of the acquisition of land owned by the State of Wyoming within the…
Mr. Speaker, pursuant to House Resolution 258, I call up the Senate bill (S. 273) to provide for the expeditious completion of the acquisition of land owned by the State of Wyoming within the boundaries of Grand Teton National Park, and for other purposes, and ask for its immediate consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, having already debated this bill, I urge its adoption.
I rise in support of S. 273, and ask that this body support its passage.
The Grand Teton National Park Land Exchange Act was introduced by Senator Thomas, co-sponsored by Senator Enzi, and is supported by all five elected Wyoming state officials, the National Park Service and the local communities.
The measure passed the Senate on April 3, 2003, under unanimous consent.
This bill presents a very unique opportunity with regards to federal land management in our National Parks that will greatly benefit the American public as well as Wymoning school children.
The Jackson Valley has a history as colorful and amazing as the Grand Tetons that rise nearly 14,000 feet above the glacial lakes at their base.
The first visitors to the Grand Tetons and the Jackson Valley were the Shoshone, Crow, Blackfoot, and Gros Ventre Indian tribes who treated the area as a summer hunting ground and sacred area.
Later, in the 1800's, many fur trappers visited this consecrated ground, and were stunned by its raw beauty and diverse ecosystem. In 1807 even John Colter, who had separated from the Lewis and Clark expedition, explored the area and returned with far fetched tales of geysers, hot springs, and mountains that touched the sky.
It was years before his supposed hallucinations were indeed found to be true. From 1824-1840 the Grand Tetons were the central rendezvous site for mountain men all across the west, swapping tall tales and pelts. The Green River Rendezvous continues to this very day.
After the area was settled at the turn of the century, the town of Jackson elected a Town Mayor and City Council entirely comprised of women . . . showing just how intelligent the people of Wyoming were, and are, to this very day. This was the first All-Female town government in our Nation's history. This, of course, occurred in my home state of Wyoming, the Equality State.
Grand Teton National Park was later established by Congress on February 29, 1929, to protect the natural resources of the Teton range and the Jackson area's unique beauty.
On March 15, 1943, President Franklin Delano Roosevelt established the Jackson Hole National Monument adjacent to the Park.
Grand Teton National Park was expanded to its present size by Congress on September 14, 1950, to include a portion of the land from the Jackson Hole National Monument.
The Park currently encompasses approximately 310,000 acres of wilderness and some of the most amazing scenery to be found in any corner of the world.
However, when Wyoming received its statehood in 1890, sections of land were set aside for school revenue purposes. All income from these lands--rents, grazing fees, sales or other sources--is placed in a special trust fund for the benefit of students in the state.
The establishment of these school sections pre-dates the creation of most national parks or monuments within our state boundaries, creating several state in-holdings within federal land masses, such as in Grand Teton National Park.
Currently over 1406 acres of state surface and mineral acres are held by the state of Wyoming in isolated plots within Grand Teton National Park.
This legislation would allow the State of Wyoming to trade or sell these precious state lands locked up inside the Park to the federal government in exchange for other federal lands, minerals or appropriated dollars, or a combination of all three, to address Wyoming's public school funding needs.
Further, the American public can consolidate under National Park Service management the lands within Grand Teton National Park's borders and protect them from future development pressures placed upon the state for the benefit of our schoolchildren.
It is a win-win scenario for everyone involved.
Within 90 days after this bill is signed into law, the land would be valued through agreement by the Wyoming Governor and the Secretary of the Interior. If there is no agreement, an appraisal process will be set up to determine the value of the lands or minerals in question to ensure fairness to all parties.
There will also be an appeals process to further ensure fairness to both the Federal Government and the state of Wyoming.
Within 180 days after the state land value is determined, the Interior Secretary, in consultation with the Governor, shall determine an exchange of federal assets of equal value for the state lands.
This body has an incredible opportunity to allow the consolidation of lands within Grand Teton National Park borders, and to allow the state of Wyoming to capture fair value for their property to benefit all Wyoming school children.
I respectfully request that the members of this body support the Grand Teton National Park Land Exchange Act.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield back the balance of my time.
Mr. President, Saturday, February 1 was a sad day for America, and a sad day for the world. In the blink of an eye, we lost the cream of our astronaut corps when the Space Shuttle Columbia…
Mr. President, Saturday, February 1 was a sad day for America, and a sad day for the world. In the blink of an eye, we lost the cream of our astronaut corps when the Space Shuttle Columbia disintegrated upon re-entry into the Earth's atmosphere.
Our Nation and the world mourns the loss of these heroes: Lt. Col. Michael P. Anderson, U.S. Navy Capt. David Brown, U.S. Navy Commander Laurel Clark, Dr. Kalpana Chawla, U.S. Air Force Col. Rick Husband, Naval Commander William McCool, and Israeli Air Force Colonel Ilan Ramon. The loved ones they left behind mourn the loss of fathers and mothers, sons and daughters, sisters, brothers, and friends.
We have a duty to those who lost their lives for the advancement of science and increasing our knowledge of the world we live in: a duty first to find out what went wrong and make sure it never goes wrong again, a duty to take up where they left off and continue exploring the unknowns of the universe, and just as importantly, a duty to help take care of the loved ones they left behind.
After the horrible day of terrorist attacks on September 11, 2001, Congress paid tribute to the lives lost in those attacks, and in the bombing in Oklahoma City and the anthrax attacks, by expanding certain tax benefits previously only available to soldiers who had been killed in combat zones. The benefits include income tax relief, an exclusion of death benefit payments, estate tax relief and a streamlining of the rules governing the distribution of funds by charitable organizations.
I believe the families of the heroes of the Columbia Shuttle mission, and families of astronauts that may be lost in the future, deserve no less.
Military or civilian employees of the U.S. who die as a result of terrorist or military activity outside the U.S., victims of the terrorist attacks of 9/11, of the Oklahoma City bombing and of the post-9/11 anthrax attacks, are generally exempt from income tax for the year of death and the year prior to death. For those that have little income tax liability, a minimum tax relief benefit of $10,000 is provided.
Current law exempts from income tax certain death benefits paid by the U.S. government to soldiers killed in the line of duty. The law also generally excludes from income payments made by an employer to the families of the victims of the terrorist attack of 9/11, Oklahoma City and the anthrax attacks. The exclusion does not apply to amounts that would have been payable if the individual had died for a reason other than the attack.
Current law also provides a reduction in Federal estate tax for soldiers who are killed in action while serving in a combat zone, or as a result of wounds, disease or injury suffered while serving in the combat zone. Comparable benefits are also provided to the victims of 9/ 11, Oklahoma City and the anthrax attacks. The amount of benefit is equal to 125 percent of the 2001 State death tax credit amount, which effectively establishes a 20 percent estate tax bracket for those who qualify for this benefit.
And finally, we have a streamlined process for the distribution of charitable donations to the families of the victims of 9/11, Oklahoma City and the anthrax attacks. The key element of this process allows organizations that make payments in good faith using a reasonable and objective formula which is consistently applied not to make a specific assessment of need prior to distributing funds so long as the payments serve a charitable class.
My legislation, the Assistance for Families of Space Shuttle Heroes Act, makes all of the above benefits available to the families of the fallen Columbia crew, as well as to other astronauts that may be killed in the line of duty in future years.
The seven members of the Columbia crew were true heroes. They are deeply missed by their family and friends. Through their dedication to space exploration, they lived their lives to the fullest and made long- lasting contributions to the nation and to the world. Tax relief will never fill the hole that has been left in the lives and hearts of their families by Saturday's explosion.
But astronauts have trouble obtaining private life insurance policies given
the high-risk nature of their jobs, so their families face an uncertain future even as they mourn the loss of loved ones that will never be replaced. This legislation is especially critical for their future. It is one small step we can make as Americans to help these families get through these dark days, and the challenges they will face in the years to come.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 258 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 258 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
(Mr. HASTINGS of Washington asked and was given permission to revise and extend his remarks.)
Mr. Speaker, House Resolution 258 is a closed rule providing for the consideration of two measures, S. 222, the Zuni Indian Tribe Water Rights Settlement Act, and S. 273, the Grand Teton National Park Land Exchange Act.
The rule provides that S. 222 shall be debatable in the House for 40 minutes, equally divided between the chairman and ranking member of the Committee on Resources. The rule also waives all points of order against consideration of the bill and provides one motion to recommit, with or without instruction.
The rule further provides that S. 273 shall be debatable in the House for 40 minutes, equally divided between the chairman and ranking member of the Committee on Resources.
Finally, the rule waives all points of order against consideration of the bill and provides one motion to recommit, with or without instructions.
Mr. Speaker, both of the bills covered by this rule were considered by the House under suspension of the rules on June 3. Neither bill was adopted, having failed to receive the required two-thirds of the votes cast, but each bill was supported by a clear majority in the House.
The Zuni Indian Tribe Water Rights Settlement Act approves a settlement of the water rights claims of the Zuni Indian Tribe in Apache County, Arizona. The bill resolves all of the claims of the Zuni Tribe to water rights in the Little Colorado River basin and elsewhere in Arizona. The bill also provides resources to restore riparian wetlands to the Zuni Heaven Reservation that are of great religious and cultural significance to the tribe and its members.
The Grand Teton National Park Land Exchange Act provides for the acquisition of land owned by the State of Wyoming within the boundaries of the Grand Teton National Park. These lands, rich in wildlife habitat, will be exchanged for other Federal lands or assets of equal value. In turn, the State will be able to acquire lands that have greater potential to generate revenue for public schools, ensuring that the State of Wyoming meets its constitutional mandate to maximize revenues from its school trust lands.
Mr. Speaker, it is unfortunate that we are forced to take up the valuable time of the House to consider for a second time this week two measures that have been previously approved by a solid majority in this House. The measures have been fully debated.
Accordingly, Mr. Speaker, I urge my colleagues to support this rule and pass the underlying bills without further delay.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
The issue, of course, we are discussing is the rule for the two suspension bills that we, unfortunately, had majority vote earlier this week but, unfortunately, did not have the two-thirds. But we may have, counting myself, two speakers between now and the time we close.
Mr. Speaker, I yield such time as he may consume to the gentleman from Georgia (Mr. Kingston).
(Mr. KINGSTON asked and was given permission to revise and extend his remarks, and include extraneous material.)
Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Texas (Mr. DeLay), the distinguished majority leader.
Mr. Speaker, I yield myself such time as I may consume.
As I pointed out earlier, this is a rule on two suspensions that were unfortunately defeated earlier this week that deal with serious matters in the southwestern part of the United States, at least one of them does.
Mr. Speaker, I yield 2 minutes to the gentleman from Arizona (Mr. Renzi) to speak on one of these matters.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, as I mentioned earlier, this is a rule on two suspension bills that were, unfortunately, not passed earlier this week. They are very important bills to those areas that are affected.
Mr. Speaker, I include for the Record the chart that the distinguished majority leader discussed earlier today.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, February 26, 2003, at 9:30 a.m., in closed session to…
Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, February 26, 2003, at 9:30 a.m., in closed session to receive a classified briefing on planning for post conflict Iraq.
Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Wednesday, February 26, 2003, at 9:30 a.m., to conduct an oversight hearing on ``The Federal Deposit Insurance System.''
Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, February 26, 2003, on SUV safety.
Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Wednesday, February 26 at 10:00 a.m. for purposes of conducting a business meeting to consider pending calendar business.
1. Agenda Item #5: S. 273--To direct the Secretary of the Interior to acquire specified State lands within the boundaries of Grand Teton National Park by donation, purchase, or exchange for specified Federal lands of equal value in Wyoming.
2. Agenda Item #6: S. 302--To direct the Secretary of the Interior to acquire specified lands from willing sellers for addition to Golden Gate National Recreation Area in the State of California.
3. Agenda Item #7: Nomination of Joseph Kelliher to be a Member of the Federal Energy Regulatory Commission.
4. Agenda Item #8: Views and Estimates of the Committee on Energy and Natural Resources with respect to those portions of the budget for fiscal year 2004 within the jurisdiction of this Committee.
In addition, the Committee may turn to any other measures that are ready for consideration.
Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet on Wednesday, February 26, 2003 at 9:30 am to conduct a hearing to receive testimony from Christine Todd Whitman, Administrator of the EPA, on the proposed FY 2004 EPA budget.
The meeting will be held in SD 406.
Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet in open Executive Session during the session on Wednesday, February 26, 2003, at 10:00 a.m., to markup an original bill entitled, the Miscellaneous Trade and Technical Corrections Act of 2003.
Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, February 26, 2003, at 10:30 a.m., to hold a hearing on Post Conflict Afghanistan: A Perspective on Revitalization & Reconstruction.
Guest: His Excellency Hamid Karzai, President, The Transitional Islamic Republic of Afghanistan, Kabul, Afghanistan.
Mr. President, I ask unanimous consent that the Committee on Governmental Affairs be authorized to meet on Wednesday, February 26, 2003, at 10:00 a.m. for a hearing entitled ``Consolidating Intelligence Analysis: A Review of the President's Proposal to Create a Terrorist Threat Integration Center-Day 2.''
Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, February 26, 2003, at 10:00 a.m., in Room 485 of the Russell Senate Office Building to conduct a business meeting on pending Committee business, to be followed immediately by a hearing on the President's FY 2004 Budget for Indian Programs.
Mr. President, I ask unanimous consent that the Committee on Rules and Administration by authorized to meet during the session of the Senate on Wednesday, February 26, 2003, at 9:15 a.m., to mark up an original resolution authorizing expenditures by committees of the Senate for the period March 1, 2003, through February 28, 2005.
Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Wednesday, February 26, 2003, for a hearing on the Administration's proposed Fiscal Year 2004 Department of Veterans Affairs budget.
The hearing will take place in room 418 of the Russell Senate Office Building at 4 p.m.
Mr. President, I ask unanimous consent that the Joint Economic Committee be authorized to
meet during the session of the Senate in Room 628 of the Dirksen Senate Office Building, Wednesday, February 26, 2003, at 2:30 p.m. until 5 p.m. to conduct a hearing.
Mr. President, I am pleased to introduce a bill today to authorize the exchange of State lands inside Grand Teton National Park. Grand Teton National Park was established by Congress on February 29,…
Mr. President, I am pleased to introduce a bill today to authorize the exchange of State lands inside Grand Teton National Park.
Grand Teton National Park was established by Congress on February 29, 1929, to protect the natural resources of the Teton range and recognize the Jackson area's unique beauty. On March 15, 1943, President Franklin Delano Roosevelt established the Jackson Hole National Monument adjacent to the park. Congress expanded the Park on September 14, 1950, by including a portion of the lands from the Jackson Hold National Monument. The park currently encompasses approximately 310,000 acres of wilderness and has some of the most amazing mountain scenery anywhere in our country. This park has become an extremely important element of the National Park system, drawing almost 2.7 million visitors in 1999.
When Wyoming became a State in 1890, sections of land were set aside for school revenue purposes. All income from these lands--rents, grazing fees, sales or other sources--is placed in a special trust fund for the benefit of students in the State. The establishment of these sections predates the creation of most national parks or monuments within our State boundaries, creating several State inholdings on federal land. The legislation I am introducing today would allow the Federal Government to remove the State school trust lands from Grand Teton National Park and allow the State to capture fair value for this property to benefit Wyoming school children.
This bill, entitled the ``Grand Teton National Park Land Exchange Act,'' identifies approximately 1406 acres of State lands and mineral interests within the boundaries of Grand Teton National Park for exchange for Federal assets. These federal assets could include mineral royalties, appropriated dollars, Federal lands or combination of any of these elements.
The bill also identifies an appraisal process for the State and Federal Government to determine a fair value of the State property located within the park boundaries. After the bill is signed into law, the land would be valued by one of the following methods: 1. the Interior Secretary and Governor would mutually agree on a qualified appraiser to conduct the appraisal of the State lands in the park; 2. If there is no agreement about the appraiser, the Interior Secretary and Governor would each designate a qualified appraiser. The two designated appraisers would select a third appraiser to perform the appraisal with the advice and assistance of the designated appraisers.
If the Interior Secretary and Governor cannot agree on the evaluations of the State lands 180 days after the date of enactment, the Governor may petition the U.S. Court of Federal Claims to determine the final value. One-hundred-eighty days after the State land value is determined, the Interior Secretary, in consultation with the Governor, shall exchange Federal assets of equal value for the state lands.
The management of our public lands and natural resources is often complicated and requires the coordination of many individuals to accomplish desired objectives. When western folks discuss federal land issues, we do not often have an opportunity to identify proposals that capture this type of consensus and enjoy the support from a wide array of interests; however, this land exchange offers just such a unique prospect.
This legislation is needed to improve the management of Grand Teton National Park, by protecting the future of these unique lands against development pressures and allow the State of Wyoming to access their assets to address public school funding needs.
This bill enjoys the support of many different groups including the National Park Service, the Wyoming Governor, State officials, as well as folks from the local community. During the 107th Congress the Senate passed this exact same legislation three separate times unanimously. Unfortunately, due to complications unrelated to the bill was not able to be sent to the President for signature and enactment. It is my hope that the Senate, and the Congress, will seize this opportunity to improve upon efforts to provide services to the American public.
Mr. President, I ask unanimous consent that the text of the bill printed in the Record.
Mr. President, I am pleased to introduce a bill today to authorize the exchange of State lands inside Grand Teton National Park. Grand Teton National Park was established by Congress on February 29,…
Mr. President, I am pleased to introduce a bill today to authorize the exchange of State lands inside Grand Teton National Park.
Grand Teton National Park was established by Congress on February 29, 1929, to protect the natural resources of the Teton range and recognize the Jackson area's unique beauty. On March 15, 1943, President Franklin Delano Roosevelt established the Jackson Hole National Monument adjacent to the park. Congress expanded the Park on September 14, 1950, by including a portion of the lands from the Jackson Hold National Monument. The park currently encompasses approximately 310,000 acres of wilderness and has some of the most amazing mountain scenery anywhere in our country. This park has become an extremely important element of the National Park system, drawing almost 2.7 million visitors in 1999.
When Wyoming became a State in 1890, sections of land were set aside for school revenue purposes. All income from these lands--rents, grazing fees, sales or other sources--is placed in a special trust fund for the benefit of students in the State. The establishment of these sections predates the creation of most national parks or monuments within our State boundaries, creating several State inholdings on federal land. The legislation I am introducing today would allow the Federal Government to remove the State school trust lands from Grand Teton National Park and allow the State to capture fair value for this property to benefit Wyoming school children.
This bill, entitled the ``Grand Teton National Park Land Exchange Act,'' identifies approximately 1406 acres of State lands and mineral interests within the boundaries of Grand Teton National Park for exchange for Federal assets. These federal assets could include mineral royalties, appropriated dollars, Federal lands or combination of any of these elements.
The bill also identifies an appraisal process for the State and Federal Government to determine a fair value of the State property located within the park boundaries. After the bill is signed into law, the land would be valued by one of the following methods: 1. the Interior Secretary and Governor would mutually agree on a qualified appraiser to conduct the appraisal of the State lands in the park; 2. If there is no agreement about the appraiser, the Interior Secretary and Governor would each designate a qualified appraiser. The two designated appraisers would select a third appraiser to perform the appraisal with the advice and assistance of the designated appraisers.
If the Interior Secretary and Governor cannot agree on the evaluations of the State lands 180 days after the date of enactment, the Governor may petition the U.S. Court of Federal Claims to determine the final value. One-hundred-eighty days after the State land value is determined, the Interior Secretary, in consultation with the Governor, shall exchange Federal assets of equal value for the state lands.
The management of our public lands and natural resources is often complicated and requires the coordination of many individuals to accomplish desired objectives. When western folks discuss federal land issues, we do not often have an opportunity to identify proposals that capture this type of consensus and enjoy the support from a wide array of interests; however, this land exchange offers just such a unique prospect.
This legislation is needed to improve the management of Grand Teton National Park, by protecting the future of these unique lands against development pressures and allow the State of Wyoming to access their assets to address public school funding needs.
This bill enjoys the support of many different groups including the National Park Service, the Wyoming Governor, State officials, as well as folks from the local community. During the 107th Congress the Senate passed this exact same legislation three separate times unanimously. Unfortunately, due to complications unrelated to the bill was not able to be sent to the President for signature and enactment. It is my hope that the Senate, and the Congress, will seize this opportunity to improve upon efforts to provide services to the American public.
Mr. President, I ask unanimous consent that the text of the bill printed in the Record.
Mr. Speaker, I thank the gentleman for yielding time to me. Mr. Speaker, the two bills that are being considered here today were great suspension bills that were on the Journal a couple of days ago.…
Mr. Speaker, I thank the gentleman for yielding time to me.
Mr. Speaker, the two bills that are being considered here today were great suspension bills that were on the Journal a couple of days ago. However, Democrats, in an effort to voice our concern about leaving behind millions of Americans who are low-income families, voted against those suspension bills.
In fact, Mr. Speaker, to borrow a recent popular phrase, I am shocked and awed by the consummate arrogance, fiscal irresponsibility, and candid lack of compassion of the Republican lawmakers of this body.
I have been on the floor many times in the past several months expressing my outrage at the unfairness and untimeliness of the various GOP tax plans, and once again I find myself at the podium in a state of disbelief about the efforts of the self-proclaimed ``compassionate conservative party'' to exclude some of the neediest families in our Nation from tax relief in the tax bill that was signed into law last week.
In an administration that has claimed to want to leave no child behind, we are now realizing that, indeed, 12 million of them were left behind, and 521,000 in my State.
In a time where special attention is being given to our brave men and women of our Armed Forces who served so well in Iraq, I think it is inappropriate to see how these last-minute shenanigans have actually left many of them out. The majority of our military members are in the pay grades of E5 and below. These are the sergeants, petty officers, lance corporals, specialists, and airmen, whose round-the-clock efforts made the military victory in Iraq swift and decisive. But an E5 with 6 years in service makes just $24,000. His family is left behind.
Mr. Speaker, to borrow a recent popular phrase, I am shocked and awed by the consummate arrogance, fiscal irresponsibility, and candid lack of compassion of the Republican lawmakers of this body. I have been on this floor many times in the past several months expressing my outrage at the unfairness and untimeliness of the various GOP tax plans, and I again find myself at the podium in a state of disbelief about the self- proclaimed ``compassionate conservative' party's efforts to exclude some of the neediest families in our Nation from tax relief in the tax bill that was signed into law last week.
In an administration that has claimed to want to ``Leave no Child Behind,'' we are to realizing that there will indeed be children left behind--12 million of them in fact; 527,000 in my State of Ohio.
In a time where special attention is being given to our brave men and women of the Armed Forces who served so well in Iraq, I think it is appropriate to note how the last minute shenanigans of Republican lawmakers to strip out a provision of their tax bill that would have ensured that families making between $10,500 to $26,000 would get the full child tax credit other taxpayers get, will affect our military personnel.
The majority of our military members are in the pay grades of E-5 and below. These are the sergeants, the petty officers, the lance corporals, specialists, and airmen whose round the clock efforts made the military victory in Iraq swift and decisive. But an E-5 with 6 years in the service makes just $24,000 in base pay per year. An E-2 just new to the military makes just $15,840 in base pay. And these are just some of the millions of family members who will suffer, and their children will suffer, their spouses will suffer, because of the back door wrangling by Republicans to give even more money to the wealthiest of American taxpayers.
Mr. Rangel has introduced a fair and responsible alternative to address this injustice, but I am afraid it will be to little avail. Rather than focus on the important issues facing our Nation, the Republican leadership seems intent to focus on solutions in search of problems--such as this week's constitutional amendment to flag desecration. I haven't been made aware that flag desecration is a problem in this country--but every week when I return to my congressional district, I am made keenly aware that the economic health of our country is a problem. Unfortunately, ti seems to be a problem some Members of this body choose to ignore.
Mr. Speaker, my, my, my, what a heated debate we are having today. I came to the well to talk about what this debate is all about. A lot has been left out by those Members on the other side of the…
Mr. Speaker, my, my, my, what a heated debate we are having today. I came to the well to talk about what this debate is all about. A lot has been left out by those Members on the other side of the aisle because they are afraid for the truth to surface, so I wanted to bring the real facts about what is going on here.
The child tax credit provision in this new tax law is refundable, and it is refundable to the extent 10 percent of earned income in excess of $10,500, people that make $10,500 get a refundable tax rebate. In 2005, the 10 percent rate goes up to 15 percent.
What this fight is over is there was a provision in the Senate that basically said they wanted to accelerate that 2 years, and we may want to do that in the proper way under regular order; but what the Democrats are angry about is that we did not accelerate that spending increase; and thanks to the tax relief passed by Republican Congresses over the last 8 years, 13 million American families have had their entire income tax liability eliminated, eliminated.
The gentleman from Texas brings up who are these people. I would like to show my colleagues one. Here is a married couple earning $30,000 with three children. Before the 2001 law, that they voted against, this married couple would be paying a marginal rate of 15 percent, which means their income tax liability is over $1,000 and their payroll tax liability is $2,160. Before the 2001 law, they would get a $1,500 credit, and they would get an earned income tax credit of $782, which means that their income tax liability was zero. They still had a payroll tax liability; but because of EITC, the payment from the government was zero.
So after 2001, this same family would have an income tax liability of $688, $2,160 from their payroll tax liability; but they get $1,800 in a child tax credit, and they get a $992 earned income tax credit, which means that their income tax liability is still zero, but their payroll tax liability goes down to $48.
After this law that the President passed that they voted against, that the President signed a week ago, this same family is going to have an income tax liability of $525, payroll tax liability of $2,160, but they get a child tax credit of $2,475, and they get an earned income tax credit of $992, which actually helps them pay not only for their payroll taxes; it reimburses them for their payroll taxes. They pay no income taxes. They actually get a check for $782.
A check from the American taxpayers. No tax liability, but they get to put $782 in their pocket.
Now, let us take a single mother that makes $20,000 and has two children. They are going through the same thing. What has happened to her is she gets a check of over $1,000. Over $1,000. She pays no payroll taxes, she pays no income taxes, and she gets a check for $1,000. They voted against that. They voted against that.
Now they want to come and tell the American people they are all tax relievers. Now all of a sudden they are tax relievers, and they want to give more tax relief to the taxpaying public and to people that do not have a tax liability.
They fail to----
Mr. Speaker, may I have order?
Mr. Speaker, what has happened here is they also do not want to mention that in the bill signed by the President last week we raised by 10 percent and added more people to the rolls that do not pay income taxes. So this notion that we are not taking care of the poor working families of this country are completely false; and, most importantly, they voted against it. We passed it without their votes, moved forward, gave tax relief to poor working families in this country; and we will continue to do so.
When the Senate does something, we always take it into consideration and we will move forward. I would just remind the Members of this House that we have now almost a trillion dollars left in the budget to do more tax relief for the American people, and we are coming back. We are going to have at least two if not three more tax relief packages for the American people. Because we feel very strongly that we need jobs in this country, we need economic growth in this country, and American families need to keep more of their hard-earned money
Mr. President, I rise today to introduce the Birth Defects and Developmental Disabilities Prevention Act. It is a pleasure to work, once again, on this important issue with Senators Dodd, Frist and…
Mr. President, I rise today to introduce the Birth Defects and Developmental Disabilities Prevention Act. It is a pleasure to work, once again, on this important issue with Senators Dodd, Frist and Kennedy.
My interest in birth defects prevention began while I was Governor. As Governor I had secured dollars to fund the neonate care units at our hospitals in Missouri. These remarkable institutions and the dedicated men and women who serve there do a tremendous job of saving low birth weight babies and babies with severe birth defects.
As I visited those hospitals and held those tiny babies, the doctors and nurses who staffed these units asked me, ``Why don't we do something to reduce the incidents of birth defects and the problems that bring the tiniest of infants to these very high-tech, specialized care units.''
Since I became a Senator I have been working with colleagues on both sides of the aisle and with the March of Dimes to deal with this serious and compelling health problem facing America.
Many people are not aware that birth defects affect over 3 percent of all births in America, and they are the leading cause of infant death. This year alone, an estimated 150,000 babies will be born with a birth defect. Among the babies who survive, birth defects often result in lifelong disability. Medical care, special education, and may other services are often required into adulthood, costing families thousands of dollars each year.
In 1998, Congress finally passed a bill I had sponsored for 3 previous sessions, the Birth Defects Prevention Act, which created a federal birth defects prevention and surveillance strategy. That was followed by the Children's Health Act of 2000, which established the National Center on Birth Defects and Developmental Disabilities at CDC. With these two important pieces of legislation Congress recognized that birth defects and developmental disabilities are major threats to children's health.
The Birth Defects and Developmental Disabilities Prevention Act revises and extends the Birth Defects Prevention Act of 1998. This bill is straightforward and has the support of the March of Dimes, Spina Bifida Association of America, the Autism Society of America, and the Coalition for Children's health among others. It: (1) Reauthorizes the National Center on Birth Defects and Developmental Disabilities for 5 years; (2) makes several technical amendments to ensure that the full scope of activities conducted by the center are included in statute; (3) authorizes CDC to collect data from educational records that are necessary to conduct surveillance on developmental disabilities-- including autism--while
protecting the privacy of individuals and their families; (4) authorizes CDC to support a National Spina Bifida Program to promote prevention and enhance the quality of life of those living with Spina Bifida; (5) authorizes CDC to conduct research and programs on the prevention of secondary conditions and the promotion of health and wellness in individuals living with disabilities; and (6) finally, the bill transfers certain members of the Advisory Committee to the Director of the National Center for Environmental Health who have expertise in birth defects, developmental disabilities and disabilities and health to the National Center on Birth Defects and Developmental Disabilities.
We have come a long way in the past 5 years toward preventing certain birth defects and developmental disabilities, but we face many challenges ahead. There is still much work to be done to improve the health of all Americans by preventing birth defects and developmental disabilities in children, promoting optimal child development and ensuring health and wellness among children and adults living with disabilities.
Today, with the introduction of this bill we have the opportunity to renew our commitment to birth defects prevention and to improve the quality of life of those living with disabilities. I look forward to working with my colleagues to ensure and enhance the well-being of our Nation's children.
Mr. President, I am pleased to join my colleague, Senator Olympia Snowe, in introducing legislation that will modify the borders of the Aroostook County Empowerment Zone to include the entire County…
Mr. President, I am pleased to join my colleague, Senator Olympia Snowe, in introducing legislation that will modify the borders of the Aroostook County Empowerment Zone to include the entire County so that the benefits of Empowerment Zone designation can be fully realized in northern Maine.
The Department of Agriculture's Empowerment Zone program addresses a comprehensive range of community challenges, including many that have traditionally received little federal assistance, reflecting the fact that rural problems do not come in standardized packages but can vary widely from one place to another. The Empowerment Zone program represents a long-term partnership between the federal government and rural communities, ten years in most cases, so that communities have enough time to implement projects to build the capacity to sustain their development beyond the term of the partnership. An Empowerment Zone designation gives designated regions potential access to millions of dollars in federal grants for social services and community redevelopment as well as tax and regulatory relief over a ten-year period.
Aroostook County is the largest county east of the Mississippi River. Yet, despite the impressive character and work ethic of its citizens, the County has fallen on hard times. The 2000 Census indicated a 15 percent loss in population since 1990. Loring Air Force Base, which was closed in 1994, also caused an immediate out-migration of 8,500 people and a further out-migration of families and businesses that depended on Loring for their customer base.
Unfair trade practices have also struck a blow to the County's economy. Aroostook shares more border miles with Canada than most northern states. It is bordered for approximately 280 miles to the west, north and east by Canada. Canadian farmers and businesses have been extremely competitive in Aroostook business markets; as a result, farmers have experienced a loss in sales which has caused a drop in the potato acreage planted, additional job loss, and still more people migrating from Aroostook County. Aroostook's economic situation has been further worsened by the strong value of the Canadian dollar in relation to the U.S. dollar and the restrictive personal exemption duty limits that Canada imposes on its citizens when they make shopping trips to U.S. businesses on the border.
In response to these developments, the Northern Maine Development Commission and other economic development organizations, the private business sector, and community leaders in Aroostook have joined forces to stabilize, diversity, and grow the area's economy. They have attracted some new industries and jobs. As a native of Aroostook County, I can attest to the strong community support that will ensure a successful partnership with the U.S. Department of Agriculture.
Designating this region of the United States as an Empowerment Zone is vital to its future economic prosperity. However, the restriction that the Empowerment Zone be limited to 1,000 square miles prevents all of Aroostook's small rural communities from benefiting from this tremendous program. Aroostook covers some 6,672 square miles but has a population of only 74,000. Including all of the County in the Empowerment Zone will guarantee that parts of the County will not be left behind as economic prosperity returns to the area. It does little good to have a company move from one community to another within the County simply to take advantage of EZ benefits.
America's greatest success can only be achieved when everyone has the opportunity to enjoy the fruits of a strong economy. It is only fair that all of Aroostook County's population be given the opportunity to fully benefit from the Empowerment Zone Program.
Bill Text
6 versions available
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 273 Enrolled Bill (ENR)]
S.273
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To provide for the expeditious completion of the acquisition of land
owned by the State of Wyoming within the boundaries of Grand Teton
National Park, 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. SHORT TITLE.
This Act may be cited as the ``Grand Teton National Park Land
Exchange Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``Federal lands'' means public lands as defined in
section 103(e) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702(e)).
(2) The term ``Governor'' means the Governor of the State of
Wyoming.
(3) The term ``Secretary'' means the Secretary of the Interior.
(4) The term ``State lands'' means lands and interest in lands
owned by the State of Wyoming within the boundaries of Grand Teton
National Park as identified on a map titled ``Private, State &
County Inholdings Grand Teton National Park'', dated March 2001,
and numbered GTNP/0001.
SEC. 3. ACQUISITION OF STATE LANDS.
(a) The Secretary is authorized to acquire approximately 1,406
acres of State lands within the exterior boundaries of Grand Teton
National Park, as generally depicted on the map referenced in section
2(4), by any one or a combination of the following--
(1) donation;
(2) purchase with donated or appropriated funds; or
(3) exchange of Federal lands in the State of Wyoming that are
identified for disposal under approved land use plans in effect on
the date of enactment of this Act under section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) that are of
equal value to the State lands acquired in the exchange.
(b) In the event that the Secretary or the Governor determines that
the Federal lands eligible for exchange under subsection (a)(3) are not
sufficient or acceptable for the acquisition of all the State lands
identified in section 2(4), the Secretary shall identify other Federal
lands or interests therein in the State of Wyoming for possible
exchange and shall identify such lands or interests together with their
estimated value in a report to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Resources of
the House of Representatives. Such lands or interests shall not be
available for exchange unless authorized by an Act of Congress enacted
after the date of submission of the report.
SEC. 4. VALUATION OF STATE AND FEDERAL INTERESTS.
(a) Agreement on Appraiser.--If the Secretary and the Governor are
unable to agree on the value of any Federal lands eligible for exchange
under section 3(a)(3) or State lands, then the Secretary and the
Governor may select a qualified appraiser to conduct an appraisal of
those lands. The purchase or exchange under section 3(a) shall be
conducted based on the values determined by the appraisal.
(b) No Agreement on Appraiser.--If the Secretary and the Governor
are unable to agree on the selection of a qualified appraiser under
subsection (a), then the Secretary and the Governor shall each
designate a qualified appraiser. The two designated appraisers shall
select a qualified third appraiser to conduct the appraisal with the
advice and assistance of the two designated appraisers. The purchase or
exchange under section 3(a) shall be conducted based on the values
determined by the appraisal.
(c) Appraisal Costs.--The Secretary and the State of Wyoming shall
each pay one-half of the appraisal costs under subsections (a) and (b).
SEC. 5. ADMINISTRATION OF STATE LANDS ACQUIRED BY THE UNITED STATES.
The State lands conveyed to the United States under section 3(a)
shall become part of Grand Teton National Park. The Secretary shall
manage such lands under the Act of August 25, 1916 (commonly known as
the ``National Park Service Organic Act''), and other laws, rules, and
regulations applicable to Grand Teton National Park.
SEC. 6. AUTHORIZATION FOR APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for the purposes of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.