Quality Teacher Recruitment and Retention Act of 2003
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S1899)
February 4, 2003
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Introduced in Senate
February 4, 2003
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S1899)
February 4, 2003
Floor Debate
21 membersWhat members said about S. 291 on the floor
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Floor Debate
21 membersWhat members said about S. 291 on the floor
Mr. Speaker, I yield such time as he may consume to the gentleman from Georgia (Mr. Scott) for a brief personal privilege matter. (By unanimous consent, Mr. Scott of Georgia was allowed to speak out…
Mr. Speaker, I yield such time as he may consume to the gentleman from Georgia (Mr. Scott) for a brief personal privilege matter.
(By unanimous consent, Mr. Scott of Georgia was allowed to speak out of order.)
Mourning the Passing of Gloria Aaron
Mr. Speaker, I yield myself such time as I may consume.
(Mr. FROST asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I am pleased to join the gentleman from Texas (Mr. Sessions) today in support of H.R. 4275, legislation to make the expanded 10 percent tax bracket permanent. In my district in north Texas and across America, scores of families work hard every day to make ends meet. By passing this bill, we will provide some much-needed tax relief to these hardworking Americans.
But I must admit, Mr. Speaker, I find it very odd that some Members of this House would champion the tax relief bill before us today when they have also at nearly every opportunity voted against other measures that would have provided significant economic benefits to a great many middle-class taxpayers. I am talking about measures like providing additional tax relief by reinstating the State sales tax deduction and ensuring overtime pay for America's police and firefighters.
I think it is important to consider these sorts of measures now, Mr. Speaker, because many of our constituents are suffering from the recent recession and the outsourcing of good American jobs overseas.
Do not get me wrong, Mr. Speaker, we all want to provide tax relief to our constituents. I voted last week in favor of the bill to provide relief from the Alternative Minimum Tax. I voted the week before to permanently eliminate the marriage tax penalty, and I will vote today to make the expanded tax bracket permanent. The bill on the floor today is a good bill and it is the very least we can do to help families in the country, but I think the American people deserve better than our least effort.
Others may be happy to limit our efforts to help American families to this bill, but I am not, Mr. Speaker. We can improve this bill by amending the rule to allow for the consideration of H.R. 720, a bill introduced by the gentleman from Texas (Mr. Brady). His bill will reinstate the sales tax deduction so that citizens of States without income taxes may deduct their sales taxes from their Federal tax bill. This is a very important issue for many Americans, including my constituents in North Texas who do not pay a State income tax but have been plagued by high sales taxes which may rise even higher if some in the Texas legislature have their way.
Our State comptroller has estimated that the average Texas family would save about $300 a year on their Federal taxes under the bill offered by the gentleman from Texas (Mr. Brady).
Last week, I attempted to bring a similar measure up for consideration, but that effort was defeated on a straight party-line vote.
This is a bipartisan issue, Mr. Speaker, and I want to give the entire House an opportunity to vote on a bipartisan bill. H.R. 720 has 78 cosponsors, 47 Republicans and 31 Democrats. I have cosponsored the bill, the gentleman from Texas who is managing today's rule on the other side of the aisle has cosponsored the bill, and dozens of other well-respected Members from both parties have cosponsored the bill. As a matter of fact, Mr. Speaker, the Republican leadership indicated last week that they too support this bill.
So why do we not vote on it? Is this about politics, or is it about tax relief? Last week, Republicans defeated my amendment and said it was about politics. Well, here is a Republican bill that has strong bipartisan support and will provide millions of families with $300 a year in tax relief.
The American people deserve to find out today whether the majority party will put partisan politics aside for just a minute to pass this badly needed tax relief. I bet our constituents just cannot wait to see how their elected Representatives will vote on this issue.
In the coming weeks, I hope we will have more opportunities to help more families. But in the meantime, if Members are serious about helping their constituents, they will not only vote to extend the 10 percent tax bracket permanently, they will also vote today to defeat the previous question and allow us to consider H.R. 720, to reinstate the sales tax deduction. It is a Republican bill with Democratic support. As my colleagues realize, a no vote will be a vote against tax cuts.
Mr. Speaker, at this point I would like to insert several things in the Record. I am inserting a special report from Carole Keeton Rylander, the Texas Comptroller of Public Accounts. In this report she says, ``Restoration of the IRS sales tax deduction should be one of Texas' main priorities in Congress. The current discriminatory treatment of Texas taxpayers is taking $701 million out of Texas pockets and costing our State more than 16,000 jobs.''
I would also at this point, Mr. Speaker, insert in the record a statement by my colleague, the gentleman from Texas (Mr. Brady), that he presented when he introduced this legislation. ``Washington should treat all States equally,'' Mr. Brady says. ``A broad bipartisan group pushes Congress to end bias against sales tax States.''
[Special Report, March 2002]
Restoration of the IRS Sales Tax Deduction Should Be One of Texas'
Main Priorities in Congress
(By Carole Keeton Rylander)
Currently, the citizens of Texas and eight other states
are discriminated against because they cannot take any tax
deduction comparable to the state and local income tax
deductions enjoyed by the citizens of 41 other states and the
District of Columbia. In an attempt to alleviate this
disparity, Comptroller Rylander proposes to restore much of
the federal sales and motor vehicle sales tax deductions that
citizens of Texas were last able to itemize on their federal
income tax returns for the 1986 tax year.
The Comptroller's plan would grant taxpayers in all states
the option of deducting either their state and local sales
and motor vehicle sales taxes or their state and local
individual income taxes on their Form 1040. While such an
option would not fully restore the original deduction, which
allowed deductions for sales as well as income taxes, it
would go a long way to restoring fundamental equity for
taxpayers in those states that no not impose income taxes on
their residents, and at minimal cost to the federal budget.
There is already legislation before Congress that closely
tracks the Comptroller's plan. Last year, Representative
Brian Baird (D-Washington) introduced H.R. 322, and Sen. Fred
Thompson (R-Tennessee) introduced a similar bill, S. 291, in
the Senate. Both bills would grant taxpayers in all states
the option of itemizing a deduction for either their sales
(including motor vehicle sales) taxes or income taxes paid,
but not for both. Both bills would limit the deduction to a
specific amount prescribed in a table (individualized for
each state) providing deductible amounts by family size and
income group. Taxpayers, however, would not have the option
of deducting actual taxes paid, as they had in 1986 and
before. The main difference between the bills is that H.R.
322 refers to state sales taxes, while S. 291 refers to state
and local sales taxes. The Senate version also would allow
the deduction against the Alternative Minimum Tax. H.R. 322
boasts among its 58 co-sponsors 18 Texans; S. 291 is co-
sponsored by both Texas senators.
Texans lost their sales tax deductions in the last-minute
deal-making behind the Tax Reform Act of 1986. Before passage
of the Tax Reform Act of 1986 (TRA86), all individuals were
allowed to take separate income tax deductions for their
payments of state and local sales taxes and motor vehicle
sales taxes. For the sales tax, they were allowed to deduct
either the actual amount paid, or they could use an optional
sales tax table that provided deductible amounts for each
state (based on its rate and base) by income group and family
size. For example, a family of four with an income of $33,000
was allowed to deduct $306 in state sales taxes in Texas, but
$508 in Tennessee; and in both instances, taxpayers were
allowed to include an additional amount for local taxes paid.
TRA86 was designed to simplify the federal income tax by
eliminating many deductions, exemptions and credits while
increasing personal exemptions and standard deductions and
lowering and compressing tax rates. The deduction of state
and local sales taxes was one of the last (and most
contentious) items considered by the Senate, but the final
efforts to restore at least some vestige of the deduction,
led in part by Sen. Phil Gramm, ultimately failed. The
argument put forth by members from the states that retained
their state and local income tax deduction was that the
losses attributable to the repeal of the sales tax
deduction would be more than made up for by the increased
personal exemption, and that the sales tax deduction only
benefited the rich, because lower-income groups are less
likely to itemize.
The Comptroller's plan could be put in place for less than
1 percent of the costs of existing state and local tax
deductions. The March 26, 2001 cost estimate provided by the
Joint Committee on Taxation estimated that H.R. 322 would
decrease federal receipts by $23.1 billion over the 10-year
period 2002-2011. The annual costs were expected to average
$2.0 billion for the first three years, rising incrementally
thereafter. Putting the federal cost in perspective, the 1999
cost for the current deduction for state and local income and
property taxes was $268.9 billion. As such, reinstatement
would produce an increased cost to the federal government of
0.8 percent.
The Comptroller's plan could be put in place with virtually
no increase in complexity. Although the sales tax deductions
were eliminated in part for reasons of tax simplification,
the proposed legislation before Congress would add only one
more line to Schedule A, for those taxpayers electing to
itemize on their Form 1040. Even if actual taxes paid were
allowed to be deducted there would be an addition of only two
lines: one for general sales taxes paid, and one for motor
vehicle sales taxes paid.
Equity and fairness demand that tax discrimination against
Texans be eliminated. Reinstatement of the deduction for
sales taxes would eliminate the fundamental disparity created
by TRA86, when citizens in states with a personal income tax
were permitted to deduct such taxes, but citizens in states
without an income tax had no corresponding deduction. The net
effect of this disparity is that Texans, as well as the
citizens of the eight other states without a general
individual income tax pay a greater percentage of taxes to
the federal government than do citizens living in their
neighboring states with income taxes. In other words, the
federal tax law currently treats the same individual
differently solely on the basis of residence. Providing
individuals in all states the choice to deduct one or the
other of their sales or income taxes would restore equity and
fairness for all U.S. citizens at minimal cost.
The Comptroller's plan would put more money in Texans'
pockets. As with everything else in the IRS Code, the devil
is in the details, and even subtle differences in proposed
legislation can have major revenue implications, making any
revenue estimates of the ultimate legislation difficult.
Assuming that the federal legislation fairly and accurately
portrayed Texans' sales tax and motor vehicle sales tax
payments, restoration of the sales tax deduction could be
expected to save Texans--in the aggregate--on the order of
$568.7 million (if only state sales taxes were exempted) to
$701.3 million (if state and local sales taxes were exempted)
in the 2002 Tax Year. The corresponding average savings per
itemizing Texas household would be $231 and $284.
While the deduction only would go to taxpayers who itemized
their deductions, more Texans at lower income levels would
find it to their benefit to itemize. Right now, only one in
five tax returns filed by Texans itemizes deductions,
compared to almost one in three nationwide. The chief reason
for this is that citizens of 41 states and the District of
Columbia enjoy a deduction that is not available to Texans.
Restoration of the deduction for sales taxes paid would go a
long way towards bringing Texas closer to the national
average. In other words, the availability of the deduction
would benefit not only those who currently itemize, but an
additional number of slightly lower-income households that
would find it to their benefit to itemize.
The Comptroller's plan would create more jobs, economic
growth, and state tax receipts with absolutely no state tax
or spending increase. Keeping as much as $701.3 million in
the hands of Texas taxpayers would provide a significant
boost to the state economy. Assuming that the legislation
passed this year and that the deduction could be taken on
income taxes filed in 2003 for the 2002 Tax Year, the tax
savings could be expected to generate 16,180 new Texas jobs,
$590 million in new Texas investment, and $874 million in
increased Texas Gross State Product in 2003. The increased
economic activity in turn could be expected to boost general
revenue by $66.5 million in the three-year period 2003-05.
Most of this revenue would come from increased sales and
motor vehicle sales tax collections.
The Comptroller's plan promises a win-win situation for all
Texans, even those who do not itemize. To the extent that
keeping more Texas income in Texas, where it belongs, instead
of sending it off to Washington, all Texans would benefit
from the increased employment opportunities and investment.
In fact, it is difficult to find a downside for Texas to the
reinstatement of the sales tax deduction.
The Comptroller's plan would be a straight-up win for the
state, a victory for tax equity among the states, and it
would provide a desirable, welcome boost to restoring
statewide economic and revenue growth.
salient features
Legislation tracking the Comptroller's plan would cost the
federal government somewhere between $2.0 to $2.5 billion per
year--less than 1 percent of the $268.9 billion 1999
deduction for state and local income and property taxes.
Texans would save as much as $701 million, or $284 per
itemizing household on their 2002 taxes.
The estimated tax savings would be expected to generate
16,180 new Texas jobs, $590 million in new Texas investment,
and $874 million in increased Gross State Product in 2003.
The increased economic activity could be expected to boost
2003-04 general revenue-related state tax receipts for the
three-year period 2003-05 by $66.5 million.
Assuming that the federal legislation fairly and accurately
portrayed Texans' sales tax and motor vehicle sales tax
payments, a family of four with an income of $60,000 would be
able to deduct an additional $1,015 to calculate taxable
income, and a single mother of one with a total income of
$35,000 could deduct an additional $641.
The current system discriminates against Texans and the
citizens of other states that have opted to finance their
budgets without personal income taxes. The Comptroller's plan
is necessary to restore fairness and equity in the treatment
of those state taxpayers who currently do not benefit from
the tax deductions enjoyed by the citizens of the other 41
states and the District of Columbia.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it is interesting, my colleague from Texas talks about the legislation and, well, we will do that in all due time and all due course, in terms of the righting of the wrong that was committed 18 years ago. The sales tax deduction for my State and for six other States, it is not 17, it is 7, was eliminated by this Congress in 1986, 18 years ago.
Only a few bills come out of the Committee on Ways and Means, only a few favored bills, so we have to take the opportunity to present this very important piece of legislation on the floor today and to give the House an opportunity to vote to right this wrong on the question of the deductibility of State sales tax. There are no other opportunities to present this to the House. That is why we are presenting it today. I hope that the House will give us the opportunity to right that wrong.
Mr. Speaker, I yield 5 minutes to the gentleman from Washington (Mr. Baird).
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we have a good piece of legislation before us today that I intend to support. I think most Members of the House will support it. My only request is that, at the same time, we provide equity and justice to the residents of seven States who were denied that equity and justice in 1986.
Now, I know my colleague is a relatively junior Member and was not here in 1986 when that legislation was voted on, but I was here, and I voted against the legislation that denied the residents of my State the opportunity to deduct their sales tax, when residents of New York and California and other States could deduct their State income tax.
I feel very strongly about this issue, Mr. Speaker. As Members of this House, we can do so much to lend a helping hand to our constituents. Today we have a chance to do something good for millions of American families. We can pass the bill to make the extended 10 percent tax bracket permanent, and then we can also immediately consider the Brady legislation, H.R. 720, to restore the sales tax deduction for citizens of Texas, Florida and other States lacking a State income tax.
Now, as I mentioned earlier, last week I attempted to bring to the floor a similar bill to reinstate the sales tax deduction, but the Republican leadership indicated a preference for the Brady bill. So now we have a chance to consider the legislation that Republicans preferred. It does not matter to me which bill we consider. This is a bipartisan issue, with wide support on both sides of the aisle.
I just want to get it done.
So today, Mr. Speaker, to get it done, I urge a ``no'' vote on the previous question. If the previous question is defeated, I will offer an amendment to the rule that will allow the House to vote on H.R. 720.
Let me be clear, Mr. Speaker. Voting ``no'' on the previous question will not prevent this House from voting on the underlying bill. It will simply allow for the consideration of H.R. 720. A ``yes'' vote, however, will deny the House the chance to even consider the issue of reinstating the sales tax deduction.
The American people deserve to know where their elected representatives stand on the issue of restoring the sales tax deduction. This is not a partisan issue, and this is not a political issue. This is about whether the citizens of Texas and other States should have to pay for the privilege of living there. I hope Members realize it today, and I hope their votes reflect this as well.
I urge a ``no'' vote on the previous question and ask unanimous consent that the text of the amendment be printed in the Congressional Record immediately before the vote.
Mr. Speaker, I yield back the balance of my time.
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. 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. 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.
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 637 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 637 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Texas (Mr. Frost), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purposes of debate only.
The resolution before us is a modified closed rule, the standard rule used for considering tax bills. It provides for 1 hour of debate in the House to be equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means.
It also provides for consideration of the amendment in the nature of a substitute printed in the Committee on Rules report accompanying the resolution, if offered by the gentleman from New York (Mr. Rangel) or his designee, which shall be considered as read and shall be separately debatable for 1 hour equally divided and controlled by the proponent and an opponent.
Finally, the rule waives all points of order against the amendment printed in the report, and it provides one motion to recommit with or without instructions.
Mr. Speaker, the legislation that we will be considering this week, H.R. 4275, the 10 percent tax bracket permanent extension bill, is very important to me, to my party, to the American taxpayers, and I believe this country. I support this legislation to fulfill a promise made by our great President, George W. Bush, and the Republican Party that was begun in 2001 when the 107th Congress overwhelmingly passed H.R. 1836, President Bush's visionary plan to provide American workers with comprehensive tax relief.
Among other things, the President's bold 2001 tax plan created a new 10 percent tax bracket, enabling millions of American families to keep more of their hard-earned money. In the period immediately preceding Congress' passing the President's tax proposal, between 1986 and 2000 the lowest tax rate available to these American workers was 15 percent.
The tax relief this new bracket provides to middle-class taxpayers has proven to be very beneficial to our economy and for hardworking families all across the United States. As a result, in 2003 Congress passed H.R. 2, another tax cut championed by President Bush that accelerated the phase-in of an expanded 10 percent tax bracket, increasing the amount of taxable family income that will be subject to this new lower rate. Under this bill the income eligible for this tax rate went up to $14,000 from $12,000, and up to $7,000 from $6,000 for singles.
Unfortunately, because this tax cut language was written as a compromise with the Senate. If Congress fails to pass my bill and permanently extend the 10 percent tax bracket, in 2005, 2006, and 2007 the bracket will shrink back to $12,000 and $6,000 for singles, increasing again briefly and then disappearing forever in 2011 to satisfy the arcane Senate budgetary rule.
If this were allowed to happen, it would mean that some 22 million low-income filers whose tax liability is contained wholly within the tax bracket of 10 percent would immediately be shouldered with a 50 percent income tax increase. I believe that this kind of tax increase on working-class Americans is simply unacceptable. My legislation offers a simple solution to prevent this major tax increase on middle- class families from occurring. It maintains and adjusts for inflation the size of the 10 percent bracket at $14,000 for married couples, $7,000 for singles, and makes this bracket a permanent part of the Tax Code.
If H.R. 4275 is not enacted, it would mean that 73 million tax returns, representing almost 150 million individual Americans, will be hit with a higher tax bill next year, and these taxpayers will face an average income tax increase of over $2,400 over the next decade. It would mean that those 22 million lower-income workers would be pushed into a higher tax bracket, including over 1.7 million hardworking Texans from my State who struggle every day to make ends meet. Congress should not and cannot allow this massive tax increase to occur, and my legislation would prevent this antigrowth scenario from happening.
No other provision of the 2001 Bush tax cut has benefited taxpayers more broadly than the creation of this 10 percent bracket. Studies have shown that the benefits for this provision overwhelmingly flow to lower-and middle-income married earners between the ages of 25 and 54. These are precisely the people that this legislation will help, and I urge all of my colleagues to support this important tax measure on behalf of all American taxpayers.
This week's vote on H.R. 4275 will provide the kind of broad-based middle-class tax relief to which the Republican Party is strongly committed and so am I.
Mr. Speaker, I urge my colleagues to vote with me in supporting this rule and the underlying legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I have great respect for what the gentleman was arguing here about this sales tax bill. It is something where the gentleman from Texas (Mr. Brady) has been joined with by the gentleman from Washington (Mr. Baird), as they have worked for a long, long time. I recall probably a full year ago where I was approached by both these gentleman about being a cosponsor of this important legislation.
The fact of the matter is today we are here to consider this 10 percent bill. Last week we considered other tax bills. Next week we will consider more tax bills. These are being done in such a way that would allow us a chance to talk about the importance of these, not only to taxpayers, but to the middle class of this country. It is my attempt and desire, just as it is with the gentleman from Washington (Mr. Baird) and the gentleman from Texas (Mr. Brady), to continue working with the chairman of the Committee on Ways and Means, the gentleman from California (Mr. Thomas), on the correct bill, the bill that he will support, the bill that will come to the floor, that bill that will pass, the bill that will provide this opportunity for all the taxpayers of these States. I believe it is some 17 States that currently have this problem as it relates to sales tax as a result of those States not having an income tax.
Today we are here for H.R. 4275 because it does the right thing for middle-class wage earners on this 10 percent tax bracket, and I am proud of what we are doing. I think anytime we can join in talking about on the floor of the House a bipartisan approach to lowering taxes, increasing the opportunity for people to have more money, more take-home pay, more opportunity, it is always good.
I have been an advocate of this for a long time. I do not think we should tax savings or investment in this country. That is not a part of what this is about today. We are talking about lowering the tax bracket, making it permanent, doing the right thing. I applaud those people that come to the floor and support this, because it is a great idea that we ought to make permanent.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank the gentleman not only for his articulation of the wonderful merits of fairness in our Tax Code, fairness for all the people in all the States. I accept the opportunity for my colleague, the gentleman from Texas (Mr. Frost) to reiterate there are 7 States that this impacts, and I appreciate his bringing that to light and respect that.
I would tell you that today, this is about the 10 percent bracket. This is a very specific request that we are making to the House of Representatives today that will be with the other requests that we are making on the parts of the Bush tax plan to make them permanent.
It makes me proud to know that we in the House of Representatives are together on these issues, about their importance of people who are back home, people who are struggling, people who are trying to make ends meet, people who are trying to make sure they provide for their families and do those things which are necessary to their own dreams. It makes me happy, and I am very proud.
Mr. Speaker, I yield myself such time as I may consume.
We have graciously provided Members this wonderful opportunity to hear about the debate of H.R. 4275, providing each other, both parties, an opportunity for Members to hear about an agreement that we believe that this initiative that was begun by President Bush of this 10 percent tax bracket, one that has now become available, one which we need to make permanent, is the question that is before us today on the floor. We have vetted this process. We have done those right things. We have gone through the committees. We have done this with numerous tax bills, and we will wish to continue doing that also.
We have an abiding faith in the taxpayer, that special interest group of the Republican Party, the people who get up and go to work, people who make their lives work, people who care about their kids, people who create jobs and opportunity, people who do things because they love their country and they want America to be the strongest, with opportunity and bettering people's lives.
That is part of what this H.R. 4275 is about. It is about bettering people's lives. It is a political consideration that our President, George W. Bush, floated to us years ago. It is about us as Members of Congress hearing that call, seeing people back home who relish this opportunity not to have it taken away. That is the importance of this body. This body is able to debate the issues, is able to bring them forth, is able to talk about them. And that is what is so evident about this great Nation, a majority rule.
Mr. Speaker, I would say to my colleagues, I too wish we had lots of other things that would be a part of this bill for tax relief. Today is a day when we will stand up and say we are going to make sure that this 10 percent bracket will be permanent for all taxpayers. I am proud of what we are doing. I ask each of my colleagues to support this rule, this underlying legislation, and the opportunity which I believe will be tomorrow to debate this fully on the
floor of the House of Representatives and, once again, give a victory to the taxpayers of this country.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
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.
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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. 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. 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.
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Mr. Speaker, I would like to thank my colleague from the great State of Texas for his leadership on this. The gentleman from Texas (Mr. Frost) has been a steadfast advocate of correcting this…
Mr. Speaker, I would like to thank my colleague from the great State of Texas for his leadership on this. The gentleman from Texas (Mr. Frost) has been a steadfast advocate of correcting this injustice for many years, and I appreciate working with him.
Mr. Speaker, I also respect also my colleague on the other side of the aisle because I know he cares about this. But at the end of the day today, we will have had an opportunity to vote to at least restore fairness to our citizens.
When we go back home, we cannot very well say to them ``it is a procedural matter,'' because it is also a procedural matter that every year when they fill out their taxes and they itemize their deductions, they have to put a zero; they have to say because our State chooses sales tax over income tax, as is their right, we are not able to deduct our sales taxes the way the States with income taxes can.
It is a procedural matter that costs our taxpayers hundreds of dollars every single year that they could use for their families. It is a procedural matter that costs my State $500 million every year.
The gentleman from Texas (Mr. Sessions) was right: We have passed a number of tax bills over the last few years in this Congress. We have had multiple opportunities, had the majority Members chosen to put their people over their partisanship. But they have declined.
Here is another opportunity. There was one last week. How many weeks are we going to say to our constituents that you go to the back of the line again? We have lowered the tax rates on millionaires in this country. We have refused to fight for tax fairness by insisting that the people of our States be allowed their deductions. So millionaires, not just millionaires, but people earning $1 million a year in income, were put at the front of the line. Our States have been told again and again, you go to the back of the line.
It is going to happen again today, I fear, and it does not have to. To my good friends on the other side of the aisle, we have worked and we should work in a bipartisan way, because the Tax Code does not say Republicans or Democrats or Independents get to deduct or do not get to deduct their sales tax. It just says all of you who have a sales tax do not get to deduct it.
But at the end of the day, on a procedural vote, we are going to bypass yet another opportunity, and bypassing that opportunity over the last several years has cost our taxpayers thousands of dollars.
When I ask my friends, when are you going to say to your leadership, we insist at long, long last that our constituents be treated fairly in the Tax Code? When are you going to say that? Because we have said it to our leadership.
It is going to be in the Democratic bill. It has been in prior Democratic bills. We have brought it up before the Committee on Rules, with almost unanimous no votes on the other side, with few exceptions. We cannot get the help on the other side.
My colleague, the gentleman from Texas (Mr. Frost), has been a steadfast advocate. He brought this issue up last week, and I am grateful he did. We didn't get a single yes vote from the other side. We did not get a single vote. Here it is again, and I wager we will not get a single vote yet again.
At some point, the citizens of our States are going to catch on and they are going to say, for all this talk about tax cuts, why do you keep leaving us out? Because your leadership is putting you in a position that says, time and time and time and time again, you must vote with us and not with your constituents. And it is not your leadership who elected you, it is your constituents.
The gentleman from Texas (Mr. Frost) has been responsive to his constituents. He has said we need to bring this up now, and we have the opportunity to do that now.
I would just ask my colleagues, you know as well as I do the only way we get this to happen is to make this part of a larger bill. We do need to provide relief for low and mid-income families in the Tax Code, but we also need to provide relief for the families in our States who have suffered too long under this injustice.
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.
Mr. President, today I'm joined by Senators Kerry and Snowe in re-introducing the Public Good IRA Rollover Act, legislation to allow taxpayers to make tax-free distributions from their individual…
Mr. President, today I'm joined by Senators Kerry and Snowe in re-introducing the Public Good IRA Rollover Act, legislation to allow taxpayers to make tax-free distributions from their individual retirement accounts, IRAs, for gifts to charity.
It is more important than ever to provide support to our nation's charitable organizations. Our struggling economy is placing an enormous financial strain on many charities, severely curtailing their funding at a time when the need for their services is greatest.
I have heard from charities that people frequently ask them about using their IRAs to make charitable donations. However, many donors decide not to make a gift from their IRAs after they are told about the potential tax consequences under current law. Our IRA charitable rollover legislation would eliminate this concern. This single change to the Tax Code could put billions of additional dollars from a new source to work for the public good. A Salvation Army official once said that providing for IRA charitable rollovers ``would be the single most important piece of legislation in the history of public charitable support in this country.''
Over the years, a number of legislative proposals have been discussed in Congress to increase charitable giving. In his Fiscal Year 2004 budget, President Bush has proposed a substantial package of tax incentives to encourage charitable giving, including a proposal to allow individuals to make certain tax-free charitable IRA distributions after age 65.
The President's charitable IRA proposal has a lot of merit, but the Public Good IRA Rollover Act is superior in an important respect: by allowing tax-free life-income gifts from an IRA. Life-income gifts involve the donation of assets to a charity, where the giver retains an income stream from those assets for a defined period. Life-income gifts are an important tool for charities to raise much needed funds, and would receive a substantial boost if they could be made from IRAs, but they are wholly ignored in the Administration's proposal. Under our proposed Public Good IRA Rollover Act, individuals would be allowed to make tax-free charitable life-income gifts at the age of 59\1/2\. Similar provisions were added to a major charitable tax incentive bill reported by the Senate Finance Committee last year, but were not ultimately enacted.
As the Finance Committee begins anew to consider a charitable giving tax incentive package in the near future, I urge them to adopt once again the IRA charitable rollover approach used in the Public Good IRA Rollover Act, instead of the approach recently outlined in the President's budget.
The benefits of our approach are two-fold. First, the life-income gift provision in our legislation would stimulate additional charitable giving. In addition, people who make life-income gifts often become more involved with charities. They serve as volunteers, urge their friends and colleagues to make charitable gifts and frequently set up additional provisions for charity in their life-time giving plans and at death. Second, this approach comes at no extra cost to the government when compared to other major charitable IRA rollover proposals.
So I urge my colleagues to consider the Public Good IRA Rollover Act, as we undertake efforts in the Senate to craft a charitable giving tax incentives bill. As I mentioned at the outset, in these trying times we ought to do everything we can to encourage charitable giving. Let us remember the old adage that ``we make a living by what we get, but we make a life by what we give.''
Mr. President, I am proud to join today with my good friend Senator McCain to introduce our bill to award Jackie Robinson the Congressional Gold Medal. Bestowing upon Jackie Robinson this great honor…
Mr. President, I am proud to join today with my good friend Senator McCain to introduce our bill to award Jackie Robinson the Congressional Gold Medal. Bestowing upon Jackie Robinson this great honor recognizes not only his stunning athletic accomplishments but also his profound contribution to the advancement of civil rights in the United States.
Jackie Roosevelt Robinson was born on January 31, 1919, in Cairo, GA and was the youngest of 5 children. Robinson attended the University of California at Los Angeles where he lettered in football, basketball, baseball, and track, and he was widely regarded as the finest all- around athlete at that time. After a three-year stint in the U.S. Army, Jackie Robinson began playing professional baseball, at first in the American Negro League. Then in 1947, in a historic move that ended decades of discrimination against blacks in baseball, Jackie Robinson became the first African-American to sign a Major League Baseball contract. That same year he won the National League's Rookie of the Year Award. In 1949, he was voted the National League's Most Valuable Player by the Baseball Writers Association, and in 1962, he was elected to the Baseball Hall of Fame.
Jackie Robinson's signing to the Brooklyn Dodgers in 1947 is so significant because it came before the United States military was desegregated, before the civil rights marches in the South, and before the historic ruling in Brown v. The Board of Education, and it engaged the American people in a constructive conversation about race. Off the field Jackie Robinson was a business leader, a civil rights leader, and a human rights leader. As one of the most popular people in America, in one poll in 1947 he finished ahead of President Harry Truman, General Dwight Eisenhower, General Douglas MacArthur, and Bob Hope, finishing only behind Bing Crosby, Jackie Robinson encouraged the fair treatment of all people. His ideas and principles influenced some of America's greatest politicians, including John F. Kennedy and Dwight Eisenhower.
Jackie Robinson was more than a sports hero he was an American hero. And it is time for Congress to recognize his heroic contributions. On January 31, 2003 on what would have been Jackie Robinson's 84th birthday, a seminar entitled ``Red Sox Tribute to Jackie Robinson'' was held at Fenway Park in Boston. During that tribute Larry Lucchino, President and CEO of the Boston Red Sox, aptly summed up Jackie Robinson's off-field contributions to American society. He said, ``Martin Luther King once said that he could not do what he was doing unless Jackie Robinson had done what he did.''
I urge my colleagues to join us in honoring this great American by cosponsoring our bill to award him the Congressional Gold Medal.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I am pleased to join Senator Bond in reintroducing the Birth Defects and Developmental Disabilities Prevention Act of 2003. This bill reauthorizes the National Center on Birth Defects…
Mr. President, I am pleased to join Senator Bond in reintroducing the Birth Defects and Developmental Disabilities Prevention Act of 2003. This bill reauthorizes the National Center on Birth Defects and Developmental Disabilities, NCBDD, at the Centers for Disease Control and Prevention to promote optimal fetal, infant, and child development and prevent birth defects and childhood developmental disabilities.
Birth defects are the leading cause of infant mortality in the United States, accounting for more than 20 percent of all infant deaths. Of the 150,000 babies born with a birth defect in the United States each year, 8,000 will die during their first year of life. In addition, birth defects are the fifth-leading cause of years of potential life lost and contribute substantially to childhood morbidity and long-term disability.
Congress passed the Birth Defects Prevention Act in 1998, a bill to assist States in developing, implementing, or expanding community-based birth defects tracking systems, programs to prevent birth defects, and activities to improve access to health services for children with birth defects. The authorization for this important legislation expires at the end of this year, and the legislation we are introducing today will strengthen those important programs.
In order to educate health professionals and the general public, this legislation requires NCBDD to provide information on the incidence and prevalence of individuals living with birth defects and disabilities, any health disparities, experienced by such individuals, and recommendations for improving the health and wellness and quality of life of such individuals. The Clearinghouse will also contain a summary of recommendations from all birth defects research conferences sponsored by the agency including conferences related to spina bifida.
This legislation also clarifies advisory committees, already in existence, that have expertise in birth defects, developmental disabilities, and disabilities and health will be transferred to the National Center on Birth Defects.
This piece of legislation also supports a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect.
I ask that this piece of important legislation be reauthorized. I want to thank my colleagues, Senator Bond and others, for the introduction of this initial piece of legislation in 1998 and for their continued initiatives on birth defects and developmental disabilities.
Mr. Speaker, I thank the gentleman from Texas (Mr. Frost) for yielding to me, for being kind and generous for this moment. Mr. Speaker, I rise really with a heart of sorrow. I rise to ask to be…
Mr. Speaker, I thank the gentleman from Texas (Mr. Frost) for yielding to me, for being kind and generous for this moment.
Mr. Speaker, I rise really with a heart of sorrow. I rise to ask to be excused from voting so that I may be able to attend a funeral for my wife's sister, my sister-in-law, Gloria Aaron in Mobile, Alabama, who passed on Mother's Day weekend, Saturday. The funeral will be tomorrow and the wake this evening.
Of course, voting is paramount and most important to us here and I wanted to make sure it is a part of the Record as to why I will miss voting.
And while I am here, Mr. Speaker, I would like to say just one word about Gloria Aaron. She was more than just a sister-in-law. She was a sister, very strong in her faith and belief in God, worked very hard in the church in Mobile at Morning Star Baptist Church. She leaves a mother, Estelle Aaron; one sister, my wife, Alfredia; two brothers, James and Hank Aaron. Our family are deeply in remorse. I thank the Speaker for giving me this opportunity. And of course for Gloria, she indeed fought that good fight. She kept the faith. She finished her course, and I am sure that there is a crown of righteousness in heaven for Gloria Aaron.
I thank the gentleman from Texas for yielding, and I thank the Congress.
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. There being no…
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.
There being no objection the bill was printed in the Record, as follows:
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.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 291 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 291
To increase the amount of student loans that may be forgiven for
teachers in mathematics, science, and special education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 4, 2003
Mr. Graham of South Carolina introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
A BILL
To increase the amount of student loans that may be forgiven for
teachers in mathematics, science, and special education.
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 ``Quality Teacher Recruitment and
Retention Act of 2003''.
SEC. 2. ADDITIONAL QUALIFIED LOAN AMOUNTS.
(a) FEEL Loans.--Section 428J(c) of the Higher Education Act of
1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the
following:
``(3) Additional amounts for teachers in mathematics,
science, or special education.--Notwithstanding the amount
specified in paragraph (1), the aggregate amount that the
Secretary shall repay under this section shall be not more than
$17,500 in the case of--
``(A) a secondary school teacher--
``(i) who meets the requirements of
subsection (b); and
``(ii) whose qualifying employment for
purposes of such subsection is teaching
mathematics or science; and
``(B) an elementary school or secondary school
teacher--
``(i) who meets the requirements of
subsection (b), other than paragraphs (1)(B)
and (C);
``(ii) whose qualifying employment for
purposes of such subsection is teaching special
education; and
``(iii) who, as certified by the chief
administrative officer of the public or
nonprofit private elementary school or
secondary school in which the borrower is
employed, is teaching children with
disabilities that correspond with the
borrower's training and has demonstrated
knowledge and teaching skills in the content
areas of the elementary school or secondary
school curriculum that the borrower is
teaching.''.
(b) Direct Loans.--Section 460(c) of the Higher Education Act of
1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the
following:
``(3) Additional amounts for teachers in mathematics,
science, or special education.--Notwithstanding the amount
specified in paragraph (1), the aggregate amount that the
Secretary shall repay under this section shall not be more than
$17,500 in the case of--
``(A) a secondary school teacher--
``(i) who meets the requirements of
subsection (b)(1); and
``(ii) whose qualifying employment for
purposes of such subsection is teaching
mathematics or science; and
``(B) an elementary school or secondary school
teacher--
``(i) who meets the requirements of
subsection (b)(1), other than clauses (ii) and
(iii) of subparagraph (A);
``(ii) whose qualifying employment for
purposes of such subsection is teaching special
education; and
``(iii) who, as certified by the chief
administrative officer of the public or
nonprofit private elementary school or
secondary school in which the borrower is
employed, is teaching children with
disabilities that correspond with the
borrower's training and has demonstrated
knowledge and teaching skills in the content
areas of the elementary school or secondary
school curriculum that the borrower is
teaching.''.
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