[Congressional Record Volume 169, Number 58 (Thursday, March 30, 2023)]
[Senate]
[Pages S1093-S1096]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. PADILLA (for himself and Mrs. Feinstein):
S. 1097. A bill to establish the Cesar E. Chavez and the Farmworker
Movement National Historical Park in the States of California and
Arizona, and for other purposes; to the Committee on Energy and Natural
Resources.
Mr. PADILLA. Madam President, I rise to reintroduce the Cesar E.
Chavez and the Farmworker Movement National Historical Park Act.
This Friday, March 31, we celebrate Cesar Chavez Day to honor and
celebrate the life and legacy of the civil rights and labor leader
whose impact reverberated throughout California and across the world.
For Cesar Chavez, it did not matter where you came from or what your
job was, he believed in your fundamental right to dignity and respect.
Ahead of Cesar Chavez Day, I introduce this legislation, which would
establish the Cesar E. Chavez and the Farmworker Movement National
Historical Park in California and Arizona to preserve the nationally
significant sites associated with Cesar Chavez and the farmworker
movement.
In 2008, with strong bipartisan support, Congress enacted legislation
directing the National Park Service to conduct a special resource study
of sites that are significant to the life of Cesar Chavez and the farm
labor movement in the Western United States. The National Park Service
evaluated over 100 sites and found that five sites were ``nationally
significant.'' Importantly, the Park Service wrote that these
nationally significant sites depict a distinct and important aspect of
American history associated with civil rights and labor movements that
are not adequately represented or protected elsewhere. While the Park
Service provided five management alternatives to protect these special
places, they ultimately recommended that Congress establish a national
historic park that would include several nationally significant sites.
In 2012, President Obama established the Cesar E. Chavez National
Monument. The property is in Keene, CA, and is known as Nuestra Senora
Reina de la Paz. In his Presidential Proclamation, President Obama
said: ``This site marks the extraordinary achievements and
contributions to the history of the United States made by Cesar Chavez
and the farm worker movement that he led with great vision and
fortitude. La Paz reflects his conviction that ordinary people can do
extraordinary things.''
While this was a critical step forward, the National Monument leaves
out many nationally significant sites and leaves many important stories
untold. The creation of a national historical park, as originally
recommended by the Park Service, would allow the National Park Service
to tell the full story of Cesar Chavez and the farm labor movement for
the benefit of all Americans.
In addition to the inclusion of the existing Cesar E. Chavez National
Monument, which includes La Nuestra Senora Reina de la Paz, in Keene,
CA, the National Park Service would be able to add additional sites to
the park upon written agreement from site owners. These sites include
the Forty Acres in Delano, CA, the Santa Rita Center in Phoenix, AZ;
and McDonnell Hall, in San Jose, CA. These sites contain nationally
significant resources associated with Cesar Chavez and the farmworker
movement and would be preserved and protected as part of the National
Park System.
This legislation would also require the National Park Service to
complete a national historic trail study to determine the feasibility
of creating the Farmworker Peregrinacion National Historic Trail. This
trail would commemorate the 1966 Delano to Sacramento March, a major
milestone event in the farm labor movement. According to the Special
Resource Study, ``More than one hundred men and women set out from
Delano on March 17, 1966, and thousands of farm workers and their
families joined in for short stretches along the way. By the time the
marchers entered Sacramento on Easter Sunday, April 10, 1966, the farm
worker movement had secured a contract and attracted new waves of
support from across the country.''
We must honor and celebrate the life and legacy of Cesar Chavez, the
inspirational civil rights advocate and leader of the farm labor
movement whose impact reverberated in California and across the world.
His list of accomplishments is long, from creating the Nation's first
permanent agricultural labor union to helping secure passage of the
first American law that recognized farmworkers' rights to organize.
While widely respected as the most important Latino leader in the
United States in the 20th century, Cesar Chavez was not just a leader
for the Latino community. Following the principles of Mahatma Gandhi
and Martin Luther King, Jr., Cesar Chavez led a nonviolent movement of
protests and boycotts to secure a union, better pay, and better working
conditions for farmworkers of all ethnicities. He also played a leading
role in the broader labor movement, the Chicano movement, and the
environmental movement.
But this park will not just focus on Chavez's legacy; it will also
preserve
[[Page S1094]]
the thousands of stories of people who played a role in the broader
farm labor movement. According to the special resource study, ``During
the 1960s, the farm labor movement attracted support from a wide array
of individuals, including members of other unions, religious leaders,
civil rights activists, high school students and college students
(including young Chicanos and Filipinos), environmentalists, and
justice-minded consumers across the country and abroad.''
As the son of immigrants from Mexico and the first Latino to
represent California in the U.S. Senate, I believe the movement Cesar
Chavez created is just as important today as it ever has been. The
National Park System--which preserves our natural, historical, and
cultural heritage while offering vital spaces for teaching, learning,
and outdoor recreation-must paint the full mosaic of America. Through
the sites preserved by this bill, we can ensure that the National Park
System preserves the diverse history of our Nation that is too often
overlooked. As a farmworker himself, Cesar Chavez maintained a strong
connection to the natural environment. This bill uplifts his story and
those of others whose contributions helped build the farmworker and
civil rights movements that are pillars of American history.
I thank the bill's cosponsors in the Senate and House of
Representatives, and I especially want to thank Congressman Ruiz for
spearheading this effort with me to ensure that our national monuments
and historical parks better reflect the diversity of America's
heritage.
Today and every day, let's recommit to the work Cesar Chavez began.
As he would say: La Lucha Sigue. We must not waver as we keep up the
fight for justice and equality for all.
I look forward to working with my colleagues to enact the Cesar E.
Chavez National Historical Park Act as quickly as possible.
______
By Mr. THUNE (for himself, Mr. Barrasso, Mrs. Blackburn, Mr.
Boozman, Mr. Braun, Mrs. Britt, Mr. Budd, Mrs. Capito, Mr.
Cornyn, Mr. Cotton, Mr. Cramer, Mr. Crapo, Mr. Cruz, Mr.
Daines, Ms. Ernst, Mrs. Fischer, Mr. Graham, Mr. Grassley, Mr.
Hagerty, Mr. Hawley, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Johnson,
Mr. Kennedy, Mr. Lankford, Mr. Lee, Ms. Lummis, Mr. Marshall,
Mr. McConnell, Mr. Moran, Mr. Mullin, Mr. Ricketts, Mr. Risch,
Mr. Rounds, Mr. Rubio, Mr. Schmitt, Mr. Scott of Florida, Mr.
Scott of South Carolina, Mr. Tillis, Mr. Tuberville, and Mr.
Wicker):
S. 1108. A bill to amend the Internal Revenue Code of 1986 to repeal
the estate and generation-skipping transfer taxes, and for other
purposes; to the Committee on Finance.
Mr. THUNE. Madam 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. 1108
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 ``Death Tax Repeal Act of
2023''.
SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER
TAXES.
(a) Estate Tax Repeal.--Subchapter C of chapter 11 of
subtitle B of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 2210. TERMINATION.
``(a) In General.--Except as provided in subsection (b),
this chapter shall not apply to the estates of decedents
dying on or after the date of the enactment of the Death Tax
Repeal Act of 2023.
``(b) Certain Distributions From Qualified Domestic
Trusts.--In applying section 2056A with respect to the
surviving spouse of a decedent dying before the date of the
enactment of the Death Tax Repeal Act of 2023--
``(1) section 2056A(b)(1)(A) shall not apply to
distributions made after the 10-year period beginning on such
date, and
``(2) section 2056A(b)(1)(B) shall not apply on or after
such date.''.
(b) Generation-Skipping Transfer Tax Repeal.--Subchapter G
of chapter 13 of subtitle B of such Code is amended by adding
at the end the following new section:
``SEC. 2664. TERMINATION.
``This chapter shall not apply to generation-skipping
transfers on or after the date of the enactment of the Death
Tax Repeal Act of 2023.''.
(c) Conforming Amendments.--
(1) The table of sections for subchapter C of chapter 11 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Sec. 2210. Termination.''.
(2) The table of sections for subchapter G of chapter 13 of
such Code is amended by adding at the end the following new
item:
``Sec. 2664. Termination.''.
(d) Effective Date.--The amendments made by this section
shall apply to the estates of decedents dying, and
generation-skipping transfers, after the date of the
enactment of this Act.
SEC. 3. MODIFICATIONS OF GIFT TAX.
(a) Computation of Gift Tax.--Subsection (a) of section
2502 of the Internal Revenue Code of 1986 is amended to read
as follows:
``(a) Computation of Tax.--
``(1) In general.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to the excess of--
``(A) a tentative tax, computed under paragraph (2), on the
aggregate sum of the taxable gifts for such calendar year and
for each of the preceding calendar periods, over
``(B) a tentative tax, computed under paragraph (2), on the
aggregate sum of the taxable gifts for each of the preceding
calendar periods.
``(2) Rate schedule.--
``If the amount with respect to which the The tentative
tentative tax to be computed is:. tax is:
Not over $10,000.......................... 18% of such amount.
Over $10,000 but not over $20,000......... $1,800, plus 20% of the
excess over $10,000.
Over $20,000 but not over $40,000......... $3,800, plus 22% of the
excess over $20,000.
Over $40,000 but not over $60,000......... $8,200, plus 24% of the
excess over $40,000.
Over $60,000 but not over $80,000......... $13,000, plus 26% of the
excess over $60,000.
Over $80,000 but not over $100,000........ $18,200, plus 28% of the
excess over $80,000.
Over $100,000 but not over $150,000....... $23,800, plus 30% of the
excess over $100,000.
Over $150,000 but not over $250,000....... $38,800, plus 32% of the
excess over $150,000.
Over $250,000 but not over $500,000....... $70,800, plus 34% of the
excess over $250,000.
Over $500,000............................. $155,800, plus 35% of the
excess over $500,000.''.
(b) Treatment of Certain Transfers in Trust.--Section 2511
of the Internal Revenue Code of 1986 is amended by adding at
the end the following new subsection:
``(c) Treatment of Certain Transfers in Trust.--
Notwithstanding any other provision of this section and
except as provided in regulations, a transfer in trust shall
be treated as a taxable gift under section 2503, unless the
trust is treated as wholly owned by the donor or the donor's
spouse under subpart E of part I of subchapter J of chapter
1.''.
(c) Lifetime Gift Exemption.--
(1) In general.--Paragraph (1) of section 2505(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) the amount of the tentative tax which would be
determined under the rate schedule set forth in section
2502(a)(2) if the amount with respect to which such tentative
tax is to be computed were $10,000,000, reduced by''.
(2) Inflation adjustment.--Section 2505 of such Code is
amended by adding at the end the following new subsection:
``(d) Inflation Adjustment.--
``(1) In general.--In the case of any calendar year after
2011, the dollar amount in subsection (a)(1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2010' for `calendar year 2016' in subparagraph
(A)(ii) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be
rounded to the nearest multiple of $10,000.''.
(d) Conforming Amendments.--
(1) Section 2505(a) of such Code is amended by striking the
last sentence.
(2) The heading for section 2505 of such Code is amended by
striking ``unified''.
(3) The item in the table of sections for subchapter A of
chapter 12 of such Code relating to section 2505 is amended
to read as follows:
``Sec. 2505. Credit against gift tax.''.
(e) Effective Date.--The amendments made by this section
shall apply to gifts made on or after the date of the
enactment of this Act.
(f) Transition Rule.--
(1) In general.--For purposes of applying sections 1015(d),
2502, and 2505 of the Internal Revenue Code of 1986, the
calendar year in which this Act is enacted shall be treated
as 2 separate calendar years one of which ends on the day
before the date of the enactment of this Act and the other of
which begins on such date of enactment.
(2) Application of section 2504(b).--For purposes of
applying section 2504(b) of the Internal Revenue Code of
1986, the calendar year in which this Act is enacted shall be
treated as one preceding calendar period.
______
By Mr. DURBIN (for himself, Mr. Ossoff, and Mr. Welch):
S. 1151. A bill to terminate authorizations for the use of military
force and declarations of war no later than 10
[[Page S1095]]
years after the enactment of such authorizations or declarations; to
the Committee on Foreign Relations.
Mr. DURBIN. Madam 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. 1151
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 ``Accountability for Endless
Wars Act of 2023''.
SEC. 2. TERMINATION OF AUTHORIZATIONS FOR THE USE OF MILITARY
FORCE AND DECLARATIONS OF WAR.
(a) Future Authorizations for the Use of Military Force and
Declarations of War.--Any authorization for the use of
military force or declaration of war enacted into law after
the date of the enactment of this Act shall terminate on the
date that is 10 years after the date of the enactment of such
authorization or declaration.
(b) Existing Authorizations for the Use of Military Force
and Declarations of War.--Any authorization for the use of
military force or declaration of war enacted before the date
of the enactment of this Act shall terminate on the date that
is 6 months after the date of such enactment.
______
By Mr. DURBIN (for himself, Mr. Lee, Mr. Whitehouse, Mr.
Blumenthal, Mr. Booker, Ms. Warren, Mr. Sanders, Mr. King, Mr.
Kaine, Mr. Wicker, and Mr. Markey):
S. 1152. A bill to focus limited Federal resources on the most
serious offenders; to the Committee on the Judiciary.
Mr. DURBIN. Madam 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. 1152
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 ``Smarter Sentencing Act of
2023''.
SEC. 2. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.
(a) Controlled Substances Act.--The Controlled Substances
Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102 (21 U.S.C. 802)--
(A) by redesignating paragraph (58) as paragraph (59);
(B) by redesignating the second paragraph (57) (relating to
``serious drug felony'') as paragraph (58); and
(C) by adding at the end the following:
``(60) The term `courier' means a defendant whose role in
the offense was limited to transporting or storing drugs or
money.''; and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(A) in subparagraph (A), in the flush text following clause
(viii)--
(i) by striking ``10 years or more'' and inserting ``5
years or more''; and
(ii) by striking ``15 years'' and inserting ``10 years'';
and
(B) in subparagraph (B), in the flush text following clause
(viii)--
(i) by striking ``5 years'' and inserting ``2 years''; and
(ii) by striking ``not be less than 10 years'' and
inserting ``not be less than 5 years''.
(b) Controlled Substances Import and Export Act.--Section
1010(b) of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)) is amended--
(1) in paragraph (1), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting ``person,
other than a courier, commits''; and
(C) by inserting ``If a person who is a courier commits
such a violation, the person shall be sentenced to a term of
imprisonment of not less than 5 years and not more than life.
If a person who is a courier commits such a violation after a
prior conviction for a serious drug felony or serious violent
felony has become final, the person shall be sentenced to a
term of imprisonment of not less than 10 years and not more
than life.'' before ``Notwithstanding section 3583''; and
(2) in paragraph (2), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting ``person,
other than a courier, commits''; and
(C) by inserting ``If a person who is a courier commits
such a violation, the person shall be sentenced to a term of
imprisonment of not less than 2 years and not more than life.
If a person who is a courier commits such a violation after a
prior conviction for a serious drug felony or serious violent
felony has become final, the person shall be sentenced to a
term of imprisonment of not less than 5 years and not more
than life.'' before ``Notwithstanding section 3583''.
(c) Applicability to Pending and Past Cases.--
(1) Definition.--In this subsection, the term ``covered
offense'' means a violation of a Federal criminal statute,
the statutory penalties for which were modified by this
section.
(2) Pending cases.--This section, and the amendments made
by this section, shall apply to any sentence imposed after
the date of enactment of this Act, regardless of when the
offense was committed.
(3) Past cases.--In the case of a defendant who, before the
date of enactment of this Act, was convicted or sentenced for
a covered offense, the sentencing court may, on motion of the
defendant, the Bureau of Prisons, the attorney for the
Government, or on its own motion, impose a reduced sentence
after considering the factors set forth in section 3553(a) of
title 18, United States Code.
SEC. 3. DIRECTIVE TO THE SENTENCING COMMISSION.
(a) Directive to Sentencing Commission.--Pursuant to its
authority under section 994(p) of title 28, United States
Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend, if appropriate,
its guidelines and its policy statements applicable to
persons convicted of an offense under section 401 of the
Controlled Substances Act (21 U.S.C. 841) or section 1010 of
the Controlled Substances Import and Export Act (21 U.S.C.
960) to ensure that the guidelines and policy statements are
consistent with the amendments made by section 2 of this Act.
(b) Considerations.--In carrying out this section, the
United States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the findings and conclusions of the United States
Sentencing Commission in its October 2011 report to Congress
entitled, Mandatory Minimum Penalties in the Federal Criminal
Justice System;
(3) the fiscal implications of any amendments or revisions
to the sentencing guidelines or policy statements made by the
United States Sentencing Commission;
(4) the relevant public safety concerns involved in the
considerations before the United States Sentencing
Commission;
(5) the intent of Congress that penalties for violent,
repeat, and serious drug traffickers who present public
safety risks remain appropriately severe; and
(6) the need to reduce and prevent racial disparities in
Federal sentencing.
(c) Emergency Authority.--The United States Sentencing
Commission shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable,
and in any event not later than 120 days after the date of
enactment of this Act, in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note), as though the authority under that Act had
not expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary
to achieve consistency with other guideline provisions and
applicable law.
SEC. 4. REPORT BY ATTORNEY GENERAL.
Not later than 6 months after the date of enactment of this
Act, the Attorney General shall submit to the Committee on
the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report outlining
how the reduced expenditures on Federal corrections and the
cost savings resulting from this Act will be used to help
reduce overcrowding in the Federal Bureau of Prisons, help
increase proper investment in law enforcement and crime
prevention, and help reduce criminal recidivism, thereby
increasing the effectiveness of Federal criminal justice
spending.
SEC. 5. REPORT ON FEDERAL CRIMINAL OFFENSES.
(a) Definitions.--In this section--
(1) the term ``criminal regulatory offense'' means a
Federal regulation that is enforceable by a criminal penalty;
and
(2) the term ``criminal statutory offense'' means a
criminal offense under a Federal statute.
(b) Report on Criminal Statutory Offenses.--Not later than
1 year after the date of enactment of this Act, the Attorney
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report, which shall include--
(1) a list of all criminal statutory offenses, including a
list of the elements for each criminal statutory offense; and
(2) for each criminal statutory offense listed under
paragraph (1)--
(A) the potential criminal penalty for the criminal
statutory offense;
(B) the number of prosecutions for the criminal statutory
offense brought by the Department of Justice each year for
the 15-year period preceding the date of enactment of this
Act; and
(C) the mens rea requirement for the criminal statutory
offense.
(c) Report on Criminal Regulatory Offenses.--
(1) Reports.--Not later than 1 year after the date of
enactment of this Act, the head
[[Page S1096]]
of each Federal agency described in paragraph (2) shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report, which shall include--
(A) a list of all criminal regulatory offenses enforceable
by the agency; and
(B) for each criminal regulatory offense listed under
subparagraph (A)--
(i) the potential criminal penalty for a violation of the
criminal regulatory offense;
(ii) the number of violations of the criminal regulatory
offense referred to the Department of Justice for prosecution
in each of the years during the 15-year period preceding the
date of enactment of this Act; and
(iii) the mens rea requirement for the criminal regulatory
offense.
(2) Agencies described.--The Federal agencies described in
this paragraph are the Department of Agriculture, the
Department of Commerce, the Department of Education, the
Department of Energy, the Department of Health and Human
Services, the Department of Homeland Security, the Department
of Housing and Urban Development, the Department of the
Interior, the Department of Labor, the Department of
Transportation, the Department of the Treasury, the Commodity
Futures Trading Commission, the Consumer Product Safety
Commission, the Equal Employment Opportunity Commission, the
Export-Import Bank of the United States, the Farm Credit
Administration, the Federal Communications Commission, the
Federal Deposit Insurance Corporation, the Federal Election
Commission, the Federal Labor Relations Authority, the
Federal Maritime Commission, the Federal Mine Safety and
Health Review Commission, the Federal Trade Commission, the
National Labor Relations Board, the National Transportation
Safety Board, the Nuclear Regulatory Commission, the
Occupational Safety and Health Review Commission, the Office
of Congressional Workplace Rights, the Postal Regulatory
Commission, the Securities and Exchange Commission, the
Securities Investor Protection Corporation, the Environmental
Protection Agency, the Small Business Administration, the
Federal Housing Finance Agency, and the Office of Government
Ethics.
(d) Index.--Not later than 2 years after the date of
enactment of this Act--
(1) the Attorney General shall establish a publicly
accessible index of each criminal statutory offense listed in
the report required under subsection (b) and make the index
available and freely accessible on the website of the
Department of Justice; and
(2) the head of each agency described in subsection (c)(2)
shall establish a publicly accessible index of each criminal
regulatory offense listed in the report required under
subsection (c)(1) and make the index available and freely
accessible on the website of the agency.
(e) Rule of Construction.--Nothing in this section shall be
construed to require or authorize appropriations.
____________________