Jeff Bingaman

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I ask unanimous consent that I modify my request, that after the Senator from Vermont and the Senator from Pennsylvania and the Senator from Georgia and the Senator from Kansas have all spoken, that we go back on the bill, and that I be recognized to speak at that time on the amendment.

Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Senator from Vermont, Mr. Leahy, be allowed to speak for up to 5 minutes, followed by Senator Miller from Georgia for 10 minutes, followed by Senator Roberts from Kansas for 10 minutes.

Mr. BINGAMAN

Mr. BINGAMAN. Madam President, I suggest the absence of a quorum.

Mr. BINGAMAN. I am informed the Senator from Alaska objects to any unanimous consent agreement and, therefore, he would go ahead and speak today. Tomorrow I will seek recognition when we get back on the bill.

Mr. BINGAMAN. I have been working with my colleagues from Florida for some time to address their concerns with the renewable portfolio standard in the Senate energy bill. Let me say that I think it is critical to increase the use of renewables in order to decrease our dependence on fossil fuels and foreign imports. However, I also appreciate the differences that occur from region to region and State to State. I would like to extend an offer to Senators Graham and Nelson to work in conference to find some method that will enable a renewable portfolio standard to accomplish the goal of increasing renewables while recognizing the legitimate differences among States. I believe that we can find an appropriate way to help each state include a renewable standard as part of their overall energy production, and I am committed to working with Senator Graham to accomplish this.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I would like to announce that the Committee on Energy and Natural Resources will meet during the session of the Senate on Thursday, April 18, at 3:00 p.m. to conduct a hearing. The purpose of the hearing is to receive testimony on the following bills: S. 1441 and H.R. 695, to establish the Oil Region Heritage Area; S. 1526, to establish the Arabia Mountain National Heritage Area in the State of Georgia, and for other purposes; S. 1638, to authorize the Secretary of the Interior to study the suitability and feasibility of designating the French colonial Heritage Area in the State of Missouri as a unit of the National Park System, and for other purposes; S. 1809 and H.R. 1776, to authorize the Secretary of the Interior to study the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas; S. 1939, to establish the Great Basin National Heritage Area, Nevada and Utah; and S. 2033, to authorize appropriations for the John H. Chafee Backstone River Valley National Heritage Corridor in Massachusetts and Rhode Island, and for other purposes.

Mr. BINGAMAN

Mr. BINGAMAN. Madam President, I rise today to introduce three pieces of legislation that combined are an important step in creating a fairer and simpler Internal Revenue Code. These bills simplify the tax filing process and/or reduce the tax burden for the self employed, home-based service workers, the elderly and the disabled. These proposals are consistent with recommendations contained in the 2001 Taxpayer Advocate's Report and need our attention in Congress this year. The first piece of legislation will address a problem that negatively impacts many recipients and providers of state supported home-based service programs. Under current law, depending on the manner in which States manage their home-based service programs, these workers are sometimes treated for Federal income tax purposes as independent contractors instead of employees. This improper classification results in these workers being responsible for paying all of the payroll taxes owed on payments received for their services instead of paying only half as would be required if they were properly treated as employees. In other States, the home-based service worker is treated as an employee, but the recipients of the service, generally the disabled and/or elderly, are treated as the employer thereby making them responsible for remitting payroll taxes for the worker. My first proposal would correct these inconsistent treatments and, for tax purposes, deem all home-based service workers to be employees. At the same time, it would deem the State or State- funded organization to be the employer. These changes will significantly reduce inadvertent tax filing errors and make certain that the elderly and disabled are not responsible for payroll taxes for their State supported home-based care. It will also guarantee that home-based care service workers will only pay their share of payroll taxes and not be burdened with paying the employer's share as well. The second piece of legislation that I am introducing would allow self-employed workers to treat their expenses related to the purchase of health insurance in the same fashion as those workers who receive their health insurance on a pre-tax basis through their employer. Under current law, self-employed workers are required to remit payroll taxes on the amounts they pay for their health insurance coverage. This legislation would remove this inequity and allow the self-employed to reduce their net earnings by the cost of their health insurance for purposes of determining their payroll tax liability for the year. This proposal is another step in an effort to make sure that health insurance is an affordable option for all self-employed workers and their families. The final piece of legislation that I am introducing would increase the number of taxpayers who would be eligible for the existing tax credit for the elderly and disabled as well as raise the amount that some would receive. This tax credit was created to guarantee that the elderly and disabled are able to support themselves when their Social Security or other non-taxable pensions are insufficient to cover their modest expenses. Since 1983, however, the amounts used to calculate the availability and amount of this credit have not been increased. By not indexing this provision for inflation, the number of taxpayers claiming this credit has dropped substantially. In 1998, the most recent year available from the IRS, 180,473 taxpayers claimed the credit as compared to 339,818 in 1990. This proposal would raise the limits of this credit to the level it would currently be at if the provision had been indexed for inflation starting in 1983 as well index it going forward. I look forward to working with my colleagues on both sides of the aisle in advancing these pieces of legislation. I ask unanimous consent that the text of the three bills be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Madam President, I rise today to introduce three pieces of legislation that combined are an important step in creating a fairer and simpler Internal Revenue Code. These bills simplify the tax filing process and/or reduce the tax burden for the self employed, home-based service workers, the elderly and the disabled. These proposals are consistent with recommendations contained in the 2001 Taxpayer Advocate's Report and need our attention in Congress this year. The first piece of legislation will address a problem that negatively impacts many recipients and providers of state supported home-based service programs. Under current law, depending on the manner in which States manage their home-based service programs, these workers are sometimes treated for Federal income tax purposes as independent contractors instead of employees. This improper classification results in these workers being responsible for paying all of the payroll taxes owed on payments received for their services instead of paying only half as would be required if they were properly treated as employees. In other States, the home-based service worker is treated as an employee, but the recipients of the service, generally the disabled and/or elderly, are treated as the employer thereby making them responsible for remitting payroll taxes for the worker. My first proposal would correct these inconsistent treatments and, for tax purposes, deem all home-based service workers to be employees. At the same time, it would deem the State or State- funded organization to be the employer. These changes will significantly reduce inadvertent tax filing errors and make certain that the elderly and disabled are not responsible for payroll taxes for their State supported home-based care. It will also guarantee that home-based care service workers will only pay their share of payroll taxes and not be burdened with paying the employer's share as well. The second piece of legislation that I am introducing would allow self-employed workers to treat their expenses related to the purchase of health insurance in the same fashion as those workers who receive their health insurance on a pre-tax basis through their employer. Under current law, self-employed workers are required to remit payroll taxes on the amounts they pay for their health insurance coverage. This legislation would remove this inequity and allow the self-employed to reduce their net earnings by the cost of their health insurance for purposes of determining their payroll tax liability for the year. This proposal is another step in an effort to make sure that health insurance is an affordable option for all self-employed workers and their families. The final piece of legislation that I am introducing would increase the number of taxpayers who would be eligible for the existing tax credit for the elderly and disabled as well as raise the amount that some would receive. This tax credit was created to guarantee that the elderly and disabled are able to support themselves when their Social Security or other non-taxable pensions are insufficient to cover their modest expenses. Since 1983, however, the amounts used to calculate the availability and amount of this credit have not been increased. By not indexing this provision for inflation, the number of taxpayers claiming this credit has dropped substantially. In 1998, the most recent year available from the IRS, 180,473 taxpayers claimed the credit as compared to 339,818 in 1990. This proposal would raise the limits of this credit to the level it would currently be at if the provision had been indexed for inflation starting in 1983 as well index it going forward. I look forward to working with my colleagues on both sides of the aisle in advancing these pieces of legislation. I ask unanimous consent that the text of the three bills be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Madam President, after serving as an exemplary elementary school teacher in New Mexico for more than 32 years, Richard Haire is retiring this spring. At that time he will have enriched the lives of his fifth grade students at Corrales Elementary for 23 consecutive years. Mr. Haire has unfailingly given our children the gifts of knowledge, goodwill, humor and a disciplined attention to detail. He has consistently set the highest standards for performance in the classroom and offered enthusiastic, dedicated support to each child's endeavors. From the start, Mr. Haire has had a very impressive career. Voted ``most likely to succeed'' by his senior classmates, he graduated second in a class of 360 in 1965 from Commack High School in upstate New York. Mr. Haire obtained a BA in psychology from the State University of New York (SUNY) at Buffalo in 1969 and graduated cum laude among the top students. He then went on to receive his MS in Education from Syracuse University in 1970. Mr. Haire dedicated much of his life to teaching. He taught at Adobe Acres Elementary School in Albuquerque from 1971-1978 and continued at John Baker Elementary School from 1978-1979. Mr. Haire joined the teaching staff at Corrales Elementary School in 1979. Scattered across the country. Mr. Haire's students have made remarkable achievements in such fields as education, literary criticism and science. Good teachers are essential to maintaining New Mexico's unique cultural heritage and fostering the state's economic growth. Mr. Haire has made a very generous commitment to future generations.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I would like to announce for the information of the Senate and the public that a joint hearing has been scheduled before the Committee on Energy and Natural Resources and the committee on Indian Affairs. The hearing will take place on Wednesday, April 24, 2002 at 2:30 p.m., in room 366 of the Dirksen Senate Office Building in Washington, DC. The purpose of the hearing is to receive testimony on S. 2018, to establish the T'uf Shur Bien Preservation Trust Area within the Cibola National Forest in the State of New Mexico to resolve a land claim involving the Sandia Mountain Wilderness, and for other purposes. Because of the limited time available for the hearing witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send two copies of their testimony to the Committee on Energy and Natural Resources, U.S. Senate, 312 Dirksen Senate Office Building, Washington, DC 20510. For further information, please contact Mike Connor or Kira Finkler of the committee staff at (202-224-4103).

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I reiterate what the Senator from Nevada said earlier, which is that we have a few more than that on the Democratic side. But we have been making very good progress in reducing the number of amendments. We are optimistic that after we conclude the debate on the amendment which the Senator from Alaska is going to offer next week, we will be able to move to complete other amendments and complete action on the bill. I yield the floor.

Mr. BINGAMAN. Mr. President, I ask unanimous consent that reading of the amendments be dispensed with.

Mr. BINGAMAN. Mr. President, I move to reconsider the vote.

Mr. BINGAMAN. Mr. President, these five amendments have been cleared on both sides. They include an amendment by Senator Rockefeller to ensure the safety of the Nation's mines and mine workers, one by Senator Levin to require the Secretary of Energy to conduct a study on the effects of natural gas pipelines in the Great Lakes, one by Senator Schumer to promote the demonstration of certain high-temperature superconducting technologies, one by Senator Smith of Oregon to authorize a study of energy efficiency standards, and one by Senator Durbin to encourage energy conservation through bicycling. I believe there is no objection to any of these amendments. I urge the Senate to adopt them at this time.

Mr. BINGAMAN. Mr. President, I appreciate my colleagues' concerns and agree that a comprehensive study that considers the environmental impacts of energy transmission infrastructure in the Great Lakes will be useful, as will any recommendations on ways to minimize any possible impacts.

Mr. BINGAMAN. Mr. President, I want to thank the distinguished Senators from Michigan and Ohio and our colleagues from the Great Lakes states for clarifying the intent of their amendment.

Mr. BINGAMAN. Mr. President, I send a series of amendments to the desk and ask for their immediate consideration en bloc.

Mr. BINGAMAN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. BINGAMAN. Mr. President, let me underscore what the majority leader has said, and also the Republican leader, and indicate that I also believe we can complete action on this energy bill fairly quickly once we come back to it and once we have the ANWR-related amendment offered by Senator Murkowski and the other proponents of that amendment. I regret that we are not able to begin dealing with that today. But we are not. Therefore, I support the majority leader's decision to move to this other legislation beginning tomorrow. Amendment No. 3094 Let me say a few words about the Durbin amendment. The Durbin amendment was offered yesterday. It would establish the Consumer Energy Commission. It provides for an 11-member Commission which would have the job of doing a 180-day study of a variety of issues related to the generation of electricity in our country and the potential failures of the system. I think it is a good amendment. I think it is one which has the prospect of improving our understanding of this issue. This board is to be concluded after 180 days and report back to the Congress within 30 days. At the end of the 180 days, the group goes out of existence 30 days later. I don't think there should be any substantial objection to this. To my mind, it is a meritorious amendment. I said yesterday that I thought it should be approved. I certainly believe that. I yield the floor.

Mr. BINGAMAN. I yield the floor to the majority leader. Unanimous Consent Agreement--H.R. 3525 and ANWR

Mr. BINGAMAN. Mr. President, I ask unanimous consent the order for the quorum call be dispensed with.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Committee on Environment and Public Works, Subcommittee on Superfund, Toxics, Risk, and Waste Management be authorized to meet on Wednesday, April 10, 2002, at 10 a.m., to hold an oversight hearing on the Superfund program. The hearing will be held in SD-406.

Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Subcommittee Strategic of the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, April 10, 2002, at 2:30 p.m., in open session to receive testimony on the Department of Energy's Environmental Management Program and the National Nuclear Security Administration's Defense Program and other weapons activities in review of the Defense authorization request for fiscal year 2003.

Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Subcommittee on Emerging Threats and Capabilities of the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, April 10, 2002, at 9 a.m., in open session to receive testimony on technology for combating terrorism and weapons of mass destruction, in review of the Defense authorization request for fiscal year 2003.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I ask unanimous consent that the reading of the amendments be dispensed with.