[Congressional Record Volume 157, Number 157 (Wednesday, October 19, 2011)]
[Senate]
[Pages S6766-S6768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CORNYN (for himself, Mr. Crapo, Mr. Rubio, Mrs. Hutchison, 
        and Mr. Burr):
  S. 1738. A bill to rescind the 3.8 percent tax on the investment 
income of the American people and to promote job creation and small 
businesses; to the Committee on Finance.
  Mr. CORNYN. Mr. President, today I am introducing the Economic Growth 
and Jobs Protection Act of 2011. This legislation would repeal the 3.8 
percent surtax on investment income that was included in the Health 
Care Reconciliation Act of 2010 (P.L. 111-152, signed into law by the 
President last year. I am pleased that Senators Crapo, Rubio, 
Hutchison, and Burr are cosponsors of this legislation.
  We know that taxpayers will likely face the largest tax increase in 
history when the 2001 and 2003 tax relief acts expire at the end of 
2013. If Congress does nothing, the highest tax rate for individuals 
will rise from 35 percent to just under 40 percent; taxpayers in the 
lowest bracket will see a 50 percent tax increase, from 10 percent to 
15 percent; the marriage penalty will increase; the child credit will 
be cut in half; and taxes on capital gains and dividends will increase. 
In other words, every taxpayer will pay higher taxes to Washington.
  But while taxpayers may be aware of these expiring provisions, many 
are likely not fully aware of another unpleasant surprise that will 
arrive on the first day of 2013. The Health Care Reconciliation Act 
that was jammed through the Senate along partisan lines includes a 3.8 
percent surtax on the dividends, rents, and interest earned by certain 
taxpayers. Enacting this permanent tax hike was a mistake then and is a 
mistake now.
  The Institute for Research on the Economics of Taxation--a nonprofit 
economic policy research and educational organization recently told the 
Senate Finance Committee that the 3.8 percent surtax would reduce 
capital formation, which would lower productivity and wages and that a 
3.8 percent surtax would lower GDP by about 0.9 percent and would 
actually result in lower revenue coming into the government's coffers.
  Simply put, increasing taxes on investment income is a job killer and 
increases uncertainty at a time that the national unemployment is more 
than 9 percent. In fact, the top tax rate on capital gains will 
eventually be 23.8 percent as the rate bounces back to 20 percent from 
15 percent in 2013. And dividends taxes would more than double to more 
than 43 percent.
  We should not pile more taxes on the backs of working families and 
job creators. This will not help create jobs and will not make the tax 
code more pro-growth. We know the key to job creation is to grow the 
economy and allow small businesses to flourish, invest and create jobs.
  In fact, according to the Federal Reserve Bank of Boston, we will 
need several years of very strong growth to reach 5 percent 
unemployment. For example, to reach 5 percent unemployment by 2015 the 
economy will need to grow 4.2 percent a year. This is just one reason 
that during the health care debate I offered a motion that would have 
directed the Senate Finance Committee to report the bill back without 
the 3.8 percent tax on the investment income. Although my attempt to 
strip out this job-killing tax fell short, I want to take this 
opportunity to note that six of my colleagues on the other side of the 
aisle supported my motion.
  Not only will the Economic Growth and Jobs Protection Act of 2011 
protect jobs and the investment security of taxpayers, it will also 
make sure that Congress restores one of the President's campaign 
promises. On September 12, 2008, then-candidate Obama promised the 
American people that, ``Everyone in America--everyone--will pay lower 
taxes than they would under the rates Bill Clinton had in the 1990s.'' 
But when combined with the President's budget proposal, this additional 
tax on investment will raise taxes on many Americans higher than they 
were under the rates President Clinton had in the 1990s.
  I ask that my colleagues support this legislation that will repeal 
this job-killing tax on small business investment and will protect 
economic growth, jobs and the retirement savings of taxpayers. Mr. 
President, I ask unanimous consent that the text of the bill and a 
letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1738

       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 ``Economic Growth and Jobs 
     Protection Act of 2011''.

     SEC. 2. REPEAL OF UNEARNED INCOME MEDICARE CONTRIBUTION.

       Subsection (a) of section 1402 of the Health Care and 
     Education Reconciliation Act of 2010 (Public Law 111-152) and 
     the amendments made by such subsection are repealed.
                                  ____

                                              National Association


                                             of Manufacturers,

                                                 October 18, 2011.
     Hon. John Cornyn,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Cornyn: On behalf of the National Association 
     of Manufacturers (NAM)--the nation's largest industrial trade 
     association--thank you for your leadership in introducing 
     ``The Economic Growth and Jobs Protection Act of 2011,'' to 
     repeal the 3.8 percent surtax on ``investment income'' 
     currently scheduled to go into effect beginning in 2013. The 
     NAM strongly supports the passage of this legislation.
       As you know, the Health Care and Education Reconciliation 
     Act of 2010 (P.L. 111-152) imposes a new 3.8 percent surtax 
     on the dividends, rents and interest income earned by certain 
     taxpayers. This new surtax, if implemented, will discourage 
     savings and investment. If not repealed, this surtax will 
     come on top of increases on dividend taxes that are scheduled 
     to accelerate from today's current rate of 15 percent to a 
     top rate of 39.6 percent at the beginning of 2013. Combined 
     with this surtax, dividends taxes could more than double to a 
     total of 43.9 percent.
       Manufacturers strongly support the repeal of this 
     burdensome tax that would increase the tax on savings and 
     investment and reduce the amount of capital business owners 
     have available to invest in their companies. Such a tax will 
     ultimately result in the loss of vital funds needed for 
     business operations and job creation.
       Thank you for introducing this legislation. At this time 
     while our nation is working to emerge from recent economic 
     challenges,

[[Page S6767]]

     further increasing taxes on investment income is the wrong 
     approach and simply adds to a tax system that is already 
     anti-growth. We look forward to working with you and your 
     staff to advance this important legislation.
           Sincerely,
                                  Dorothy Coleman, Vice President,
                                Tax, Technology & Domestic Policy.
                                 ______
                                 
      By Mr. FRANKEN (for himself and Ms. Klobuchar):
  S. 1739. A bill to provide for the use and distribution of judgment 
funds awarded to the Minnesota Chippewa Tribe by the United States 
Court of Federal Claims in Docket Numbers 19 and 188, and for other 
purposes; to the Committee on Indian Affairs.
  Mr. FRANKEN. Mr. President, today I am introducing the Minnesota 
Chippewa Tribe Judgment Fund Distribution Act with my friend and 
colleague from Minnesota, Senator Klobuchar. This legislation will 
finally allow for the distribution of funds owed to the Minnesota 
Chippewa Tribe. Before I talk about our legislation, I want to first 
thank my colleague in the House, Representative Peterson of Minnesota, 
for his leadership on this issue and for the tremendous work he put 
into crafting this bill.
  It has been a long road to get to this point. The Minnesota Chippewa 
Tribe first filed complaints before the Indian Claims Commission in 
1948. It took all the way until 1999 before their claims were settled. 
For over 60 years, members of the Minnesota Chippewa Tribe have been 
waiting for these funds. It's time to get this done.
  In 1999, the United States Court of Federal Claims awarded $20 
million to the Minnesota Chippewa Tribe. This money is to compensate 
tribal members for the improper taking and sale of land and timber 
under the Nelson Act of 1889. The Federal Government owes the Minnesota 
Chippewa Tribe this money. In fact, in 1999, the $20 million owed to 
the tribe was transferred to the Department of the Interior and 
deposited in a trust fund account, where it has been collecting one 
percent interest. But tribal members in my home State of Minnesota have 
never received a dime. That is because, before any money can go to the 
tribe, Congress must pass legislation detailing how to allocate the 
funds between the 6 bands that make up the Minnesota Chippewa Tribe.
  Today, Senator Klobuchar and I are introducing legislation to do just 
that. Our bill will provide $300 to every tribal member. While this 
might not seem like a lot of money, I want to remind my colleagues that 
Native Americans represent one of the poorest segments of Minnesota's 
population. On the White Earth reservation, where one in five members 
live under the poverty line, a check for $1,200 for a family of four 
would make a real difference. This is money that the 40,000 enrolled 
members of the Minnesota Chippewa Tribe could be using right now to put 
tires on their car or fix a leaking roof or buy new shoes for their 
children.
  Our bill allocates the remaining funds equally to each of the six 
bands that make up the Minnesota Chippewa Tribe. That is approximately 
$15 million or $2.5 million per band. This funding is desperately 
needed. It will allow the bands to provide for the basic needs for 
their people by investing in economic development, health care, 
housing, and education.
  There is one band, the Leech Lake Band of Ojibwe, that does not agree 
with this distribution plan. I am sympathetic to their concerns, and I 
sincerely hoped that a consensus agreement could have been reached that 
would have satisfied all those involved. But, in the end, I believe we 
must respect the decision of the tribe.
  The bill we are introducing today reflects the distribution agreed 
upon by the Minnesota Chippewa Tribal Executive Committee. This is a 
democratic body comprised of two elected officials from each of the six 
bands. Under the tribal constitution, the Executive Committee is the 
governing body of the tribe. After years of disagreement, the Tribal 
Excusive Committee has agreed on an allocation formula. I deeply 
respect tribal sovereignty and therefore believe we must respect their 
decision.
  I also worry that any further delay will only cause hardship for 
individual tribal members. The thousands of tribal members across 
Minnesota cannot afford to wait another decade. It is time for Congress 
to act to allow for the distribution of the funds owed to the Minnesota 
Chippewa Tribe.
  I urge my colleagues to support this legislation and send it to the 
President's desk to be signed into law as soon as possible.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1739

       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 ``Minnesota Chippewa Tribe 
     Judgment Fund Distribution Act of 2011''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) on January 22, 1948, the Minnesota Chippewa Tribe, 
     representing all Chippewa bands in the State of Minnesota 
     except the Red Lake Band, filed a claim before the Indian 
     Claims Commission in Docket No. 19 for an accounting of all 
     amounts received and expended pursuant to the Act of January 
     14, 1889 (25 Stat. 642, chapter 24) (referred to in this Act 
     as the ``Nelson Act'');
       (2) on August 2, 1951, the Minnesota Chippewa Tribe, 
     representing all Chippewa bands in the State of Minnesota 
     except the Red Lake Band, filed a number of claims before the 
     Indian Claims Commission in Docket No. 188 for an accounting 
     of the obligation of the Federal Government to each member 
     Band of the Minnesota Chippewa Tribe under various statutes 
     and treaties not covered by the Nelson Act;
       (3) on May 17, 1999, a joint motion for findings in aid of 
     settlement of the claims in Docket No. 19 and 188 was filed 
     in the Court of Federal Claims;
       (4) the terms of the settlement were approved by the Court 
     of Federal Claims and final judgment in the matter was 
     entered on May 26, 1999;
       (5) on June 22, 1999, $20,000,000 was transferred to the 
     Department of the Interior and deposited in a trust fund 
     account established for the beneficiaries of the amounts 
     awarded in Docket No. 19 and 188;
       (6) pursuant to the Indian Tribal Judgment Funds Use or 
     Distribution Act (25 U.S.C. 1401 et seq.), Congress must act 
     to authorize the use or distribution of the judgment funds; 
     and
       (7) on October 1, 2009, the Minnesota Chippewa Tribal 
     Executive Committee passed Resolution 146-09, approving a 
     plan to distribute the judgment funds and requesting that 
     Congress authorize the distribution of the judgment funds in 
     the manner described by the plan.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Bands.--The term ``Bands'' means--
       (A) the Bois Forte Band;
       (B) the Fond du Lac Band;
       (C) the Grand Portage Band;
       (D) the Leech Lake Band;
       (E) the Mille Lacs Band; and
       (F) the White Earth Band.
       (2) Judgment funds.--The term ``judgment funds'' means the 
     $20,000,000 awarded on May 26, 1999, to the Minnesota 
     Chippewa Tribe by the Court of Federal Claims and transferred 
     to the Secretary for deposit in a trust fund account 
     established for the beneficiaries of Docket No. 19 and 188.
       (3) Minnesota chippewa tribe.--The term ``Minnesota 
     Chippewa Tribe'' means the Minnesota Chippewa Tribe, composed 
     solely of the Bands.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE.

       (a) In General.--The Secretary may reimburse the Minnesota 
     Chippewa Tribe the amount that the Minnesota Chippewa Tribe 
     contributed for attorneys' fees and litigation expenses 
     associated with the litigation of Docket No. 19 and 188 in 
     the Court of Federal Claims and the distribution of judgment 
     funds, plus any interest earned on that amount as of the date 
     of payment under this section to the Minnesota Chippewa 
     Tribe.
       (b) Procedure.--
       (1) In general.--To receive a reimbursement payment under 
     subsection (a), not later than 90 days after the date of 
     enactment of this Act, the Minnesota Chippewa Tribe shall 
     submit to the Secretary a written claim for the reimbursement 
     amount described in that subsection, subject to the condition 
     that the Minnesota Chippewa Tribe certify that the 
     reimbursement expenses claimed have not been reimbursed to 
     the Tribe by any other entity.
       (2) Payment.--If the Minnesota Chippewa Tribe submits a 
     claim to the Secretary in accordance with paragraph (1), the 
     Secretary shall, using the judgment funds, pay to the 
     Minnesota Chippewa Tribe the full reimbursement amount 
     claimed, plus interest on that amount, calculated at the rate 
     of 6.0 percent per year, simple interest, beginning on the 
     date on which the amounts were expended by the Tribe and 
     ending on the date on which the amounts are reimbursed to the 
     Tribe.

     SEC. 5. DISTRIBUTION OF JUDGMENT FUNDS.

       (a) Membership Rolls.--Not later than 90 days after the 
     date of enactment of this Act, the Minnesota Chippewa Tribe 
     shall submit to the Secretary an updated membership roll for 
     each Band of the Tribe, each of which

[[Page S6768]]

     shall include the names of all enrolled members of that Band 
     living on the date of enactment of this Act.
       (b) Disbursement of Available Funds.--
       (1) Per capita account.--After the date on which any 
     amounts under section 4 have been disbursed and the Secretary 
     has received the updated membership rolls under subsection 
     (a), the Secretary shall, from the remaining judgment funds, 
     deposit in a per capita account established by the Secretary 
     for each Band, an amount that is equal to $300 for each 
     member of that Band listed on the updated membership roll.
       (2) Remaining amounts.--If, after the disbursement 
     described in paragraph (1), any judgment funds remain 
     undisbursed, the Secretary shall deposit in an account 
     established by the Secretary for each Band, which shall be 
     separate from the per capita account described in paragraph 
     (1), all remaining amounts, divided equally among the Bands.
       (c) Use of Amounts.--
       (1) Disbursement of per capita payments.--Any amounts 
     deposited in the per capita account of a Band described in 
     subsection (b)(1) shall be--
       (A) made available to the Band for immediate withdrawal; 
     and
       (B) used by the Band solely for the purpose of distributing 
     1 $300 payment to each individual member of the Band listed 
     on the updated membership roll.
       (2) Treatment of dependents.--For each minor or dependent 
     member of the Band listed on the updated roll, the Band may--
       (A) distribute the $300 payment to a parent or legal 
     guardian of that dependent Band member; or
       (B) deposit in a trust account the $300 payment of that 
     dependent Band member for the benefit of that dependent Band 
     member, to be distributed under the terms of the trust.
       (d) Unclaimed Payments.--If, on the date that is 1 year 
     after the date on which the amounts described in subsection 
     (b)(1) are made available to a Band, any amounts remain 
     unclaimed, those amounts shall be returned to the Secretary, 
     who shall deposit the remaining amounts in the accounts 
     described in subsection (b)(2) in equal shares for each Band.
       (e) No Liability.--The Secretary shall not be liable for 
     the expenditure or investment of any amounts disbursed to a 
     Band from the accounts described in subsection (b) after 
     those amounts are withdrawn by the Band.

     SEC. 6. ADMINISTRATION.

       Amounts disbursed under this Act--
       (1) shall not be liable for the payment of previously 
     contracted obligations of any recipient, as provided in 
     section 2(a) of Public Law 98-64 (25 U.S.C. 117b(a)); and
       (2) shall be subject to section 7 of the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1407).
                                 ______
                                 
      By Mr. CARDIN (for himself, Ms. Mikulski, Mr. Warner, Mr. Webb, 
        Mr. Carper, and Mr. Coons):
  S. 1740. A bill to amend the Chesapeake Bay Initiative Act of 1998 to 
provide for the reauthorization of the Chesapeake Bay Gateways and 
Watertrails Network; to the Committee on Environment and Public Works.
  Mr. CARDIN. Mr. President, authorized under P.L. 105-312 in 1998 and 
reauthorized by P.L. 107-308 in 2002, the Chesapeake Bay Gateways and 
Watertrails Network helps several million visitors and residents find, 
enjoy, and learn about the special places and stories of the Chesapeake 
and its watershed. Today I am introducing legislation to reauthorize 
this successful program.
  For visitors and residents, the Gateways are the ``Chesapeake 
connection.'' The Network members provide an experience of such high 
quality that their visitors will indeed connect to the Chesapeake 
emotionally as well as intellectually, and thus to its conservation.
  The Chesapeake Bay is a national treasure. The Chesapeake ranks as 
the largest of America's 130 estuaries and one of the Nation's largest 
and longest fresh water and estuarine systems. The Atlantic Ocean 
delivers half the bay's 18 trillion gallons of water and the other half 
flows through over 150 major rivers and streams draining 64,000 square 
miles within 6 States and the District of Columbia. The Chesapeake 
watershed is among the most significant cultural, natural and historic 
assets of our Nation.
  The Chesapeake is enormous and vastly diverse--how could you possibly 
experience the whole story in any one place? Better to connect and use 
the scores of existing public places to collaborate on presenting the 
many chapters and tales of the bay story. Visitors and residents go to 
more places for more experiences, all through a coordinated Gateways 
Network.
  Beyond simply coordinating the Network, publishing a map and guides, 
and providing standard exhibits at all Gateways, the National Park 
Service has helped Gateways with matching grants and expertise for 200 
projects with a total value of more than $12 million. This is a great 
deal for the bay--it helps network members tell the Chesapeake story 
better and inspires people to care for this National Treasure--and it 
is a good deal for the Park Service. In this legislation, we cap the 
Gateways authorization at just $2 million annually. It serves all 150+ 
Gateways and their 10 million visitors. No other National Park can 
provide such a dramatic ratio of public dollars spent to number of 
visitors served.
  With the National Park Service's expertise and support, Gateways have 
made significant progress in their mission to tell the bay's stories to 
their millions of members and visitors, extend access to the bay and 
its watershed, and develop a conservation awareness and ethic. It is 
time to reauthorize the Chesapeake Gateways and Watertrails program. It 
is my hope that the Congress will act quickly to adopt this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1740

       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 ``Chesapeake Bay Gateways and 
     Watertrails Network Reauthorization Act''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       Section 502(c) of the Chesapeake Bay Initiative Act of 1998 
     (16 U.S.C. 461 note; Public Law 105-312) is amended by 
     striking ``fiscal years'' and all that follows through the 
     period at the end and inserting ``fiscal years 2012 through 
     2016.''.

                          ____________________