[Congressional Record Volume 155, Number 98 (Friday, June 26, 2009)]
[Extensions of Remarks]
[Page E1627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTRODUCTION OF THE TRIBAL CHARITIES FAIRNESS ACT OF 2009

                                 ______
                                 

                          HON. XAVIER BECERRA

                             of california

                    in the house of representatives

                         Friday, June 26, 2009

  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.

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