Xavier Becerra

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, I rise today in support of H. Res. 1326, a resolution calling on the Government of Japan to immediately address the urgent problem involving United States citizen children who are abducted by one parent and unlawfully taken to Japan without intervention by the Japanese Government. This resolution urges the Government of Japan to work closely with the United States Government to return American children to their custodial parent in the United States and to adopt the 1980 Hague Convention on the Civil Aspects of International Child Abduction. As a father of three beautiful daughters, I have cherished every moment I have spent watching them grow up and I look forward to seeing them continue to develop into confident, young women. Sadly, not all parents have been as fortunate as me. Since 1994, the State Department's Office of Children's Issues had opened 194 cases involving 214 American children taken to Japan. As of March 25, 2010, there were 95 open cases involving 136 American children abducted or wrongfully retained in Japan. One of those cases is that of Melissa Braden, the daughter of one of my constituents, Patrick Braden. In the midst of a custody dispute in 2006, Melissa was taken to Japan by her mother in violation of a court order giving both parents access to the child and prohibiting either parent from taking Melissa outside of the United States. Melissa has been in Japan ever since. Despite an arrest warrant issued by the FBI for her mother, Japanese authorities have refused to act on this case. Japanese courts give no recognition to the parental rights of the non-Japanese parent, and the Japanese government refuses to enforce U.S. court orders related to child custody or visitation. I have tried for the past 3 years to help secure the return of Melissa or at the very least reunite Mr. Braden with his daughter in Japan. Unfortunately, Japan is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Parties to the Hague Abduction Convention agree to promptly return a child who is living in one Convention country and who has been removed to or retained in another Convention country in violation of a left- behind parent's custodial rights. I spoke about Melissa's case before this body last year, but it is important that I continue to speak about her case so that other parents do not have to live through what Mr. Braden is still experiencing today. As my mother once told me: there is nothing worse than losing your own child, especially when your child is still alive. I thank Chairman Berman for his support of this issue and Mr. Moran of Virginia and Mr. Smith of New Jersey for standing up for America's parents and children. I urge all of my colleagues to support this resolution to secure action on behalf of our American families with children retained in Japan.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, we can talk or we can act. International trade is a high-stakes, cutthroat business. And every time we simply talk, the other side acts. And every time they act, an American loses a job. It's time for us to do what American workers for the last several years have been asking us to do, and that is to take action against what we know are unfair trade practices going on which cause us not only to lose jobs but to lose American businesses that can't continue to sustain themselves here and move abroad. We know that the Chinese have been playing with their currency. Everyone knows that the Chinese have been playing with their currency. The Chinese know it. You know what? They are going to do everything they can for their workers. They are going to do everything they can for their businesses. You can't beat them for that. But please, let's not let them beat us at what we can do well. And that's why it's time to do this legislation. Some credible estimates say that if we were to act on China's currency manipulation, we could return 1 million American jobs to this country, that we could reduce our $250 billion trade deficit by $100 billion with China. It is time for us to take action because the Chinese are certainly taking action. We can either take bold steps, as the American public has asked us, or we can take baby steps. It's time for us to recognize that Americans are doing the best they can to produce American products so we can sell them, not just here but abroad. But if we allow someone to manipulate their currency by 25 to 40 percent, making their products look cheap here and making our products look expensive abroad, then guess what? Shame on us, because the American public is working very hard. It's time to pass this legislation. It's time to take bold steps, not to take baby steps.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, yesterday I was unavoidably detained and missed rollcall votes 534, 535, and 536. If present, I would have voted ``yea'' on rollcall votes 534, 535, and 536.

Mr. BECERRA

Mr. BECERRA. I thank the gentleman for yielding. My friends, when was the last time you picked up a product that you just purchased at a store, turned it over, and took a look at where it was made? When was the last time you saw that product say ``Made in America''? Well, this legislation is all about making sure the next time you buy something in a store in America that product will have been made in America. Because guess what? Not only do we have to face unfair competition by some of our very fierce competitors who are using tactics that are unreasonable to somehow defeat American business and American workers, but we even have things in our tax code that encourage American companies to ship jobs abroad and get paid by the taxpayers through tax credits for doing so. This legislation is all about getting rid of that unfair competition for America's workers so we can make it in America. That's what this is all about. This is also about making sure that small businesses have a chance to compete without bureaucratic regulation. And so there is bipartisan agreement on removing the burden under 1099 tax return filings that would make it difficult for small businesses to compete. And that's in this bill as well. What is not in this bill is the process, is the frustration that American workers are feeling. Some people it sounds like in this Chamber would like you to vote ``no'' on a good bill because they are complaining about a process. The only folks in America who have a right to complain about process right now are Americans who are trying to pay their mortgage and keep their jobs. And they are sick and tired of a process where people say ``no'' to good legislation. It is time for us to say ``yes'' to good legislation. Let us once again make things in America and make them by Americans. Pass H.R. 5982 and make sure that we can tell Americans when they turn over that product that they just bought it was made in America. General Leave

Mr. BECERRA

Mr. BECERRA. Madam Speaker, I rise today with my fellow congressional Regents, Representatives Sam Johnson and Doris Matsui, and our colleague Representative Frank Wolf, to introduce the Smithsonian Conservation Biology Institute Enhancement Act, which authorizes funding for this institute's important work in conservation biology. Companion legislation has been introduced in the Senate by Senators Patrick Leahy, Thad Cochran and Chris Dodd. While some 30 million individuals annually visit and enjoy the Smithsonian's 19 museums and National Zoo, the Smithsonian's nine research centers carry out important work that advances the Institution's mission of expanding and diffusing knowledge. As one of these centers, the Smithsonian Conservation Biology Institute, SCBI, is headquartered in Front Royal, Virginia, in Representative Wolf's district, at the facility previously known as the National Zoo's Conservation and Research Center. The SCBI launched in January of 2010 as an umbrella for six Smithsonian units working in a global effort to conserve species and train future generations of conservationists. The Smithsonian Institution, SI, has a long history of creatively collaborating with strategic partners to advance the important goals of discovering and understanding biological diversity, advancing scientific solutions and conserving wildlife. Toward that end, the National Zoological Park, NZP, Comprehensive Facilities Master Plan completed in December 2008 includes plans to create a campus-like setting for the SCBI at the NZP facility in Front Royal, Virginia, NZP- FR, with space capable of hosting multiple partners who share common goals and are willing to work with SI scientists and staff to advance efforts in conservation biology. To allow the Smithsonian to progress in its master plan, this bill authorizes the SI to invest $1 million for each of fiscal years 2010 and 2011 and $3 million in aggregate for all succeeding fiscal years in order to plan, design and construct an education facility at its Front Royal site. The bill also authorizes the Smithsonian Board of Regents to enter into agreements for the provision of housing and other services related to the facility's programs at no cost to the SI. Finally, it authorizes the SI to use its non-federal funds to plan, design and construct animal holding and related program facilities on the property. The goal is to open the facilities by the Fall of 2012 semester. The SCBI scientists' domestic and international biodiversity accomplishments span many decades. For example: Since 1972, SCBI scientists have studied the endangered golden lion tamarins and established one of the most successful reintroduction programs ever attempted. Thanks to their leadership, more than 1,500 animals survive in Brazil's Atlantic coastal rain forest. Since 1978, SCBI scientists have conducted breeding and conservation research on captive and wild endangered clouded leopards. More than 70 clouded leopards have been born at the SI's Conservation and Research Center in Front Royal, Virginia in the past 30 years, including two born in 2009. Working with Thai counterparts, the SCBI team developed a captive breeding program that has produced 40 cubs. These collaborative international projects serve as a model for conserving treasured species. Since 1985, SCBI scientists have led the way in developing breeding and management techniques resulting in the birth of nearly 600 endangered black-footed ferrets at SCBI facilities in Front Royal, Virginia. More than 200 SCBI-produced ferrets and their descendents have been released in seven states. Madam Speaker, SCBI staff has conducted training courses for undergraduate, graduate and professional audiences in the United States and at more than 20 international locations--reaching more than 5,000 individuals from over 85 countries. Supporting the Smithsonian Conservation Biology Institute's next phase of development will not only expand its notable record of providing educational classes, it will also help ensure that the next generation of conservation and scientific professionals has the necessary training to help sustain a biodiverse planet. I urge my colleagues to join us in passing this bipartisan legislation so that our Smithsonian scientists can continue to be recognized as global leaders in the field of biodiversity and so that our nation can continue to do its part in leaving the planet in the best possible condition for our children.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, earlier today I was unavoidably detained and missed rollcall votes 402 and 408. If present, I would have voted ``yea'' on rollcall votes 402 and 408.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, on Tuesday, May 18, 2010, I missed rollcall Nos. 273, 274, and 275. If present, I would have voted ``yea'' on rollcall Nos. 273, 274, and 275.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, yesterday I was unavoidably detained and missed rollcall 221, 222, and 223. If present, I would have voted ``yea'' on rollcall 221, 222, and 223.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, earlier today I was unavoidably detained and missed rollcalls 224 and 225. If present, I would have voted ``yea'' on rollcalls 224 and 225.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, today I am proud to introduce the Taxpayer Bill of Rights Act of 2010, which clarifies taxpayer rights and obligations, ensures taxpayers have access to competent and affordable tax assistance, and improves taxpayer services. Senator Jeff Bingaman (NM), a dedicated advocate for taxpayer rights, is introducing companion legislation in the Senate. Many of these provisions are supported by the National Taxpayer Advocate, Nina Olson, who has long been a champion of improving taxpayer services and tax administration. Today, April 15th, millions of taxpayers will file their returns with the Internal Revenue Service (IRS). As the IRS processes these returns, issues of tax administration will come to the forefront. These problems will range from taxpayers not knowing their legal rights, to taxpayers enlisting unscrupulous or poorly-trained preparers to help them complete one of their most important financial transactions of the year. This legislation aims to help ensure taxpayers do not find themselves in these unnecessary situations. First, this legislation would require Treasury to publish an easy-to- understand Taxpayer Bill of Rights that would enumerate all taxpayers' rights and obligations, as well as their location in the tax code. Currently, these rights and obligations are scattered throughout the tax code and Internal Revenue Manual, making them neither accessible nor written in plain language that most taxpayers can understand. Second, the legislation improves tax preparer services and advice available to moderate income taxpayers by supporting a grant program for free income tax assistance services, and by allowing IRS referrals to Low-Income Taxpayer Clinics, which represent modest income taxpayers in their disputes with the IRS. In addition, this legislation builds upon guidance from the National Taxpayer Advocate, first issued in 2002, to implement a system of oversight for unenrolled tax preparers through examination and continuing education requirements. It also provides specific guidance to the IRS as it implements its new initiative to increase oversight over these tax preparers. This provision is essential to improving tax compliance at a time when over half of Americans use a paid preparer to complete their returns. Finally, this bill would improve services for taxpayers. One important new provision included in this bill provides greater protections for taxpayers when they are faced with a Notice of a Federal Tax Lien filing (NFTL). Filing of an NFTL can result in significant, long-term hardship to a taxpayer, and may adversely affect the taxpayer's credit, thus impairing his or her ability to conduct financial transactions or secure employment. The Taxpayer Bill of Rights Act requires the IRS to make individualized determinations before the filing of an NFTL, and also requires consideration of hardship factors and a taxpayer's history of compliance before these determinations are made. Many of the problems identified in this bill have gone unaddressed for too long, causing confusion and undue hardship for taxpayers across the country. I encourage all of my colleagues to support these common sense provisions to promote taxpayer rights and services for all Americans on this Tax Day.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, I thank the gentleman for yielding, and just to correct the record once again, this bill, unlike previous bills passed by our colleagues and friends on the other side of the aisle, is completely paid for. There is not a cent that would be added to the deficit. You have to make some tough decisions when you pay for things, but this bill is completely taken care of and paid for. So the tax cuts we give to small businesses, we take care of that. We don't do it in an irresponsible fashion. That is why we should vote for this legislation. We need to put this country back on track and back to work, and this bill continues a series of legislation that have come through this House, gone to the Senate and been signed by the President which put America back to work. The economic recovery package which too many of our colleagues rail against, the independent, nonpartisan Congressional Budget Office has told us has already created at least 2 million jobs in America; and we still have more of the economic recovery package effects to take place over this coming year. What we do know is if we keep at it and do it responsibly, we can put America back to work. That is what this is all about. That is why we should support this legislation. I urge my colleagues to support this bill.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, today is a day of history. Today we will accomplish what 100 years of Congresses could not. We will pass health care reform, not just for some, but for all Americans. Today is also another day in America. That means that 123 Americans will die today because they do not have health insurance. Another 8,000 will lose their health insurance today, and our health care system will cost all of us $6.8 billion this day and every day if we do not change, if we are content with doing nothing. John F. Kennedy once said, ``Change is the law of life, and those who look only to the past or present are certain to miss the future.'' I've heard it said another way: The only human institution which rejects progress is the cemetery. Today this House, the people's House, is full of life. We will make history, but our sights are toward the future. To every hardworking, taxpaying American, we say today, We hear you. We see it in your eyes. You want control of your health care. You want to decide who your doctor is. You want to choose your health plan. We will deliver today to all of America.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, earlier yesterday I was unavoidably detained and missed rollcall No. 132. If present, I would have voted ``yea.''

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, earlier today I was unavoidably detained and missed rollcall No. 4. If present, I would have voted ``yea.''

Mr. BECERRA

Mr. BECERRA. Madam Speaker, on Thursday, December 10, 2009, I missed rollcall No. 950. If present, I would have voted ``yea.''

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, I rise in opposition to H.R. 4154, a bill that would cut taxes for millionaires at a time when Americans are struggling to hold on to their paychecks, their homes, and their dignity. Today, one in ten Americans is out of work, one in eight Americans is receiving food assistance, and one in six of our children is living in poverty. With such need in this nation, Congress's primary mission must be to create jobs and strengthen economic security for the American people. When Congress convened in January, the economy was losing 20,000 jobs each day, and we took decisive action to avert the freefall of the economy and to set it on the path to recovery. The American Recovery and Reinvestment Act made critical investments in our communities, infrastructure, education, and clean energy, and has so far created or saved as many as 1.6 million jobs. As a result of this decisive action by Congress, the most recent Department of Labor jobs report showed that this country lost 587,000 fewer jobs in November 2009 than January 2009. While a significant improvement over the numbers at the beginning of this year, it is clear that this recession is still exacting a devastating toll. Congress must keep its focus on creating jobs. Legislation is urgently needed to provide assistance to prepare workers to fill occupations like nursing which have a shortage of skilled workers, to invest in new job-creating technologies, and to encourage the next generation of entrepreneurs to produce the new ventures and products that will ensure that the American economy returns to its preeminent position in the world. This legislation does not help the millions of Americans in need nor does it set the right priorities for this country. In such dire economic times with the largest budget deficit in this nation's history, this Congress does not have the luxury of bestowing this tax cut of a quarter-trillion dollars on millionaires. I urge my colleagues to vote against this bill that helps only millionaires, and to turn their focus towards the problems of those Americans who are in economic crisis or could shortly be confronted with painful financial decisions if this economy does not start improving its employment outlook.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, I rise today to introduce the Clean Renewable Water Supply Bond Act of 2009 with Representative Ginny Brown-Waite. This legislation would authorize public water agencies to issue tax credit bonds as a financing vehicle for certain innovative new water supply technologies. Drought, global climate change, population growth, and increased competition for urban, agricultural, and environmental needs have combined to create potential water shortages of crisis proportions in the decades ahead unless Congress acts quickly to invest in new, alternative water supply facilities. Fresh water is a limited resource in high demand. Population growth continues to strain available and quickly diminishing water supplies, leading to a growing need for new investments in water supply and treatment facility projects. The U.S. General Accounting Office has stated that even under normal water conditions, 36 States anticipate water shortages in the next 10 years. However, innovative technologies exist that can help provide new sources of clean water while helping to improve the environment. While the costs of these technologies continue to decline, the initial capital expenditures required to build their infrastructure is still too high to use conventional financing mechanisms. A deeper subsidy is needed and can be achieved through the use of tax credit bonds. This legislation would authorize the use of tax credit bonds, Clean Renewable Water Supply bonds, or ``CREWS'', to finance certain kinds of innovative water supply facilities. These facilities include water- recycling facilities, projects to clean up and use impaired groundwater, and both seawater and brackish groundwater desalination projects. These CREWS bonds would be issued by public water agencies in exactly the same way as those agencies can presently issue conventional tax-exempt municipal bonds. The proceeds from the sale of the bonds would result in an interest- free loan to the water agency. Instead of the agency having to make interest payments to the bondholders, as would be the case with conventional tax-exempt municipal bonds, the Federal Government would provide the bondholders with a tax credit equal to what the interest payments would have been. Under the proposal, the agency would save over $60 million in interest payments on a $100 million water supply project, which is the type of subsidy necessary to offset the upfront capital expenditure. Working with Representative Brown-Waite, I hope this Congress moves with all due speed to consider and pass this vital legislation. Let me also take this opportunity to invite all of my colleagues to join me in sponsoring this bill that takes concrete action to address our nation's future water needs.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, on Monday, November 2, 2009, I missed rollcall Nos. 832, 833, and 834. If present, I would have voted ``yea'' on rollcall votes 832, 833, and 834.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, I was unavoidably detained yesterday and missed rollcall No. 804. If present, I would have voted ``yea.''

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, I was unavoidably detained earlier today and missed rollcall 794. If present, I would have voted ``yea.''

Mr. BECERRA

Mr. BECERRA. Madam Speaker, I was unavoidably detained last evening and missed rollcall 773. If present, I would have voted ``yea.''

Mr. BECERRA

Mr. BECERRA. Madam Speaker, I rise to introduce the ``Tribal Health Benefits Clarification Act of 2009'' with Representatives Devin Nunes, Nick Rahall, Joe Baca, Shelley Berkley, Mary Bono-Mack, Dan Boren, Tom Cole, Wally Herger, Dale Kildee, John Kline, Jerry Lewis, Ben Ray Lujan, Kevin McCarthy, Betty McCollum, Frank Pallone, Earl Pomeroy, George Radanovich, and Heath Shuler. This bipartisan legislation will clarify that medical care and health coverage provided by Indian tribes for their members, as well as health care provided by the Indian Health Service, or IHS, are not taxable under the Internal Revenue Code. The federal government has a longstanding policy of providing medical care to Indians. To effect this policy, 25 U.S.C. section 1601 states a ``major national goal of the United States is to provide the quantity and quality of health services which will permit the health status of Indians to be raised to the highest possible level,'' and specific authorization for IHS is provided in 25 U.S.C. section 13. However, statistics on the health status of Native Americans compared with the general population are alarming. Native Americans have a life expectancy that is nearly 5 years shorter than other Americans, and death rates from diseases such as tuberculosis, alcoholism, and diabetes that are many times higher than in the general population. Despite this overwhelming need, funds appropriated for IHS programs have been consistently inadequate to meet even basic health care requirements. In fact, IHS has found that per beneficiary, the IHS received 40 percent less funding than the average cost of a mainstream health insurance plan, thus limiting health care services and contributing to poorer health outcomes among the population it is intended to serve. To address the needs of their people in the face of the IHS funding shortfall, many Indian tribal governments have dedicated portions of their revenues to funding health care programs. The IRS and federal courts have consistently held that payments made under similar social benefit programs for the promotion of general welfare are not taxable. However, the test to determine whether a benefit falls under this doctrine is based on facts and circumstances and is difficult to apply. In addition, no formal guidance has been issued by the IRS to assist in these determinations. Statutory language is needed to clarify the tax treatment of these medical care benefits. The ``Tribal Health Benefits Clarification Act of 2009'' would provide a statutory clarification that, consistent with the federal government's policy of providing health care services to Indians, neither health care provided by IHS nor medical care provided by an Indian tribe to its members is subject to income taxation. I urge my colleagues to join us in supporting this important bipartisan legislation to further the federal government's stated goal of raising the health status of the Native American community.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, I rise today to introduce the ``Brownfields Remediation Permanent Tax Incentive Act'' with Representative Paul Ryan. This legislation will provide a permanent tax incentive for developers to clean up polluted properties, clearing the way for new economic development in our communities. Brownfields are neglected or abandoned land sites whose redevelopment is complicated by the potential presence of hazardous substances. The Environmental Protection Agency estimates that there are over 450,000 of these sites in the United States. From abandoned warehouses and shuttered gas stations, to former factory sites and abandoned residential buildings, these sites could be put to productive use if developers undertook environmental remediation efforts to prepare them for redevelopment. Such remediation efforts can bring diverse benefits to our communities. In addition to reducing exposure to hazardous substances, they can create jobs through new construction projects, grow local tax bases, and help revitalize neighborhoods whose economic development efforts are weighed down by abandoned structures and housing blight. Brownfield remediation is also an environmentally sound policy that encourages developers to use existing developed land rather than starting new construction on undeveloped land or farmland. However, brownfields redevelopment is often an expensive and unpredictable undertaking. The Brownfields Remediation Permanent Tax Incentive Act would encourage developers to tackle these important projects by making the existing Section 198 brownfield tax expensing provision permanent, thus providing a measure of certainty and facilitating long-term planning for those interested in undertaking these important cleanup projects. Madam Speaker, I urge my colleagues to support the Brownfields Remediation Permanent Tax Incentive Act to help rehabilitate these properties that would otherwise lie vacant, and spur economic investment and job creation in our communities.

Mr. BECERRA

Mr. BECERRA. Mr. Chair, I was unavoidably detained and missed rollcall 584. If present, I would have voted ``nay.'' Part C Amendment No. 5 Offered by Mr. Flake

Mr. BECERRA

Mr. BECERRA. Madam Speaker, I rise to introduce the ``Tribal Charities Fairness Act of 2009'' with Representatives Devin Nunes, Earl Blumenauer, Michael Honda, Dale Kildee, Ben Ray Lujan, Betty McCollum, and John Olver. This legislation remedies an inequity in our tax code and will enhance the ability of tribal charities to provide essential services such as nutritional, educational and health care assistance for many in Indian country. The economic and social needs of the Native American community are immense. Native American households are among the most economically disadvantaged in the United States. Over 25 percent live in poverty, with greater proportions of Native American children and seniors living in poverty compared with the general United States population. Health status is lower for Native Americans, who have a life expectancy that is 4.6 years shorter than all races considered together, and mortality rates from diabetes, tuberculosis, and alcoholism that are many times higher than in the general U.S. population. And although 76 percent of Native Americans have a high school diploma, just 13 percent go on to receive a bachelor's degree. Tribal charities play an essential role in remedying these untenable circumstances by providing assistance to communities across Indian country. Their work and assistance ensure Native American children, working adults, and seniors have access to the same opportunities available to all Americans. Unfortunately, the tax code currently treats tribes like corporations rather than like state and local governments when they provide support to charities that serve tribal members. This flawed tax treatment has significant implications, affecting tribal charities' ability to access tax-exempt financing, receive grants from private foundations, and operate in the governmental arena without being subject to additional tax rules and regulations. The ``Tribal Charities Fairness Act of 2009'' will correct this inequity in the law by treating tribal governments the same as state and local governments when they provide support to charitable organizations. This simple change in our tax code will have far- reaching, positive effects for tribes and charities across the nation by increasing the availability of resources to address the poor economic and social conditions plaguing many in Indian country. I encourage my colleagues to support this essential legislation that puts tribal charities on an equal playing field with other government- funded charities and increases their ability to carry out their necessary and important work.