[Congressional Record (Bound Edition), Volume 150 (2004), Part 4]
[Senate]
[Pages 5383-5386]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. HUTCHISON (for herself and Mr. Breaux):
  S. 2244. A bill to protect the public's ability to fish for sport, 
and for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mrs. HUTCHISON. Mr. President, I rise today to introduce the Freedom 
to Fish Act. This legislation, cosponsored by Senator Breaux, addresses 
an unsettling situation arising over access to our Nation's public 
coastal resources. There is a growing movement to limit the use and 
enjoyment of America's coastal and ocean waters. This restriction of 
public access is occurring under the guise of the establishment of 
marine protected areas. The bill I am introducing today aims to correct 
a system that would unfairly

[[Page 5384]]

penalize our Nation's marine recreational anglers. I support the goal 
of healthy marine fisheries, but I disagree strongly with any method 
that unnecessarily limits our citizens' access to public waters.
  I believe that my record clearly indicates my dedication to defending 
and improving the health of our oceans and coasts. Recreational anglers 
are among America's most proactive conservationists and their 
contributions need to be recognized.
  The Act would establish guidelines and safeguards by which the 
public's right to use and enjoy these resources are preserved in all 
but the most serious cases. It provides assurances that the public who 
enjoy recreational fishing will have a place at the table when 
decisions are made regarding their use of the resource. Secondly, the 
Freedom to Fish Act will ensure that measurable scientific criteria is 
used to determine the cause and impact of damage to fishery resources.
  Restricting public access to our coastal waters should not be our 
first course of action, but rather our last resort. Open access to 
fishing is the single most important element of recreational fishing. 
We must defend public access against those that would try to restrict 
it under the cloak of marine resource protection.
  I am proud to offer this legislation to bring attention to this 
important issue and I urge my colleagues to support the Freedom to Fish 
Act. I ask unanimous consent that the text of the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2244

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This bill may be cited as the ``Freedom to Fish Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Recreational fishing is traditionally the most popular 
     outdoor sport with more than 50,000,000 participants of all 
     ages, in all regions of the country.
       (2) Recreational anglers makes a substantial contribution 
     to local, State, and national economies and infuse 
     $116,000,000,000 annually into the national economy.
       (3) In the United States, more than 1,200,000 jobs are 
     related to recreational fishing, a number that is 
     approximately 1 percent of the entire civilian workforce in 
     the United States. In communities that rely on seasonal 
     tourism, the expenditures of recreational anglers result in 
     substantial benefits to the local economies and small 
     businesses in those communities.
       (4) Recreational anglers have long demonstrated a 
     conservation ethic. In addition to payment of Federal excise 
     taxes on fishing equipment, motorboats and fuel, as well as 
     license fees, recreational anglers contribute more than 
     $500,000,000 annually to State fisheries conservation 
     management programs and projects.
       (5) It is a long standing policy of the Federal Government 
     to allow public access to public lands and waters for 
     recreational purposes in a manner that is consistent with 
     principals of sound conservation. This policy is reflected in 
     the National Forest Management Act of 1976, the Wilderness 
     Act, the Wild and Scenic Rivers Act, and the National Parks 
     and Recreation Act of 1978.
       (6) In most instances, recreational fishery resources can 
     be maintained without restricting public access to fishing 
     areas through a variety of management measures including take 
     limits, minimum size requirements, catch and release 
     requirements, gear adaptations, and closed seasons.
       (7) A clear policy is required to demonstrate to 
     recreational anglers that recreational fishing can be managed 
     without unnecessarily prohibiting such fishing.
       (8) A comprehensive policy on the implementation, use, and 
     monitoring of marine protected areas is required to maintain 
     the optimum balance between recreational fishing and 
     sustaining recreational fishery resources.

     SEC. 3. POLICY.

       It is the policy of the United States to promote sound 
     conservation of fishery resources by ensuring that--
       (1) Federal regulations promote access to fishing areas by 
     recreational anglers to the maximum extent practicable;
       (2) recreational anglers are actively involved in the 
     formulation of any regulatory procedure that contemplates 
     imposing restrictions on access to a fishing area; and
       (3) limitations on access to fishing areas by recreational 
     anglers are not imposed unless such limitations are 
     scientifically necessary to provide for the conservation of a 
     fishery resource.

     SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT 
                   ACT AMENDMENTS.

       (a) Limitation on Closures.--Section 303(a) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1853(a)) is amended by adding at the end the 
     following:
       ``(15) not establish geographic areas where recreational 
     fishing is prohibited unless--
       ``(A) clear indication exists that recreational fishing in 
     such area is the cause of a specific conservation problem in 
     the fishery;
       ``(B) no alternative conservation measures related to 
     recreational fishing, such as gear restrictions, quotas, or 
     closed seasons will adequately provide for conservation and 
     management of the fishery;
       ``(C) the management plan--
       ``(i) provides for specific measurable criteria to assess 
     whether the prohibition provides conservation benefits to the 
     fishery; and
       ``(ii) requires a periodic review to assess the continued 
     need for the prohibition not less than once every 3 years;
       ``(D) the best available scientific information supports 
     the need to close the area to recreational fishing; and
       ``(E) the prohibition is terminated as soon as the 
     condition in subparagraph (A) that was the basis of the 
     prohibition no longer exists.''.
       (b) Technical Amendments.--Such section is further 
     amended--
       (1) in paragraph (13), by striking ``and'' after the 
     semicolon; and
       (2) in paragraph (14), by striking ``fishery.'' and 
     inserting ``fishery; and''.

     SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT.

       Section 304(a)(5) of the National Marine Sanctuaries Act 
     (16 U.S.C. 1434(a)(5)) is amended to read as follows:
       ``(5) Fishing regulations.--
       ``(A) In general.--The Secretary shall provide the 
     appropriate Regional Fishery Management Council with the 
     opportunity to prepare, and to revise from time to time, 
     draft regulations for fishing within the exclusive economic 
     zone as the Council may deem necessary to implement the 
     proposed designation.
       ``(B) Relationship to magnuson.--Draft regulations prepared 
     by the Council under subparagraph (A) shall be made in 
     accordance with the standards and procedures of the Magnuson 
     Act.
       ``(C) Regulation within a state.--Such regulations may 
     regulate a fishery within the boundaries of a State (other 
     than the State's internal waters) if--
       ``(i) the Governor of the State approves such regulation; 
     or
       ``(ii) the Secretary determines, after notice and an 
     opportunity for a hearing in accordance with section 554 of 
     title 5, United States Code, that the State has taken any 
     action, or omitted to take any action, the results of which 
     will substantially and adversely affect the fulfillment of 
     the purposes and policies of this Act and the goals and 
     objectives of the proposed designation.
       ``(D) Notification and hearing.--If the Secretary makes a 
     determination under subparagraph (C)(ii) to regulate a 
     fishery within the boundaries of such State (other than 
     State's internal waters)--
       ``(i) the Secretary shall promptly notify the State and the 
     appropriate Council of such determination;
       ``(ii) the State may request that a hearing be held 
     pursuant to section 554 of title 5, United States Code; and
       ``(iii) the Secretary shall conduct a hearing requested 
     under clause (ii) prior to taking any action to regulate a 
     fishery within the boundaries of such State (other than the 
     State's internal waters) under subparagraph (C)(ii).
       ``(E) Termination of regulation within a state.--If the 
     Secretary, pursuant to a determination under subparagraph 
     (C)(ii), assumes responsibility for the regulation of any 
     fishery, the State involved may at any time thereafter apply 
     to the Secretary for reinstatement of its authority over such 
     fishery. If the Secretary finds that the reasons for which 
     the Secretary assumed such regulation no longer prevail, the 
     Secretary shall promptly terminate such regulation.''.
                                 ______
                                 
      By Mr. DASCHLE:
  S. 2245. A bill to amend the Internal Revenue Code of 1986 to provide 
a small business health tax credit; to the Committee on Finance.
  Mr. DASCHLE. Mr. President, today I am introducing legislation to 
provide relief to small businesses struggling with the high cost of 
health care.
  Rising health care costs are a serious problem for most Americans. 
The average premium offered by an employer rose last year by 13.9 
percent, 4 times faster than wages. This was the third straight year of 
double-digit increases.
  The cost of health care for small businesses is even higher. Health 
care costs for businesses with 25 to 50 employees rose by 14.3 percent. 
For firms

[[Page 5385]]

with 10 to 24 employees, premiums rose by 15.2 percent, and for firms 
with 3 to 9 workers, they increased by 16.6 percent. In many cases, the 
increases faced by individual small businesses is significantly larger. 
I've heard from businesses in my State about premium increases as high 
as 40 percent in one year.
  For many small business owners, increases of this size force them to 
make tough decisions regarding whether to continue offering coverage, 
whether to scale back coverage, and whether they can improve wages and 
make other improvements to their business. At a time when the number of 
uninsured Americans is growing, our economy is struggling, jobs are 
scarce, and financial uncertainty affects many too many Americans, the 
cost of health care is a tremendous problem. Skyrocketing health care 
costs could pose the single greatest obstacle to entrepreneurship and 
growth in our economy today.
  And many small businesses don't offer coverage at all, not because 
they don't want to, but because they simply cannot afford it. Both 
nationally and in South Dakota, only about 55 percent of businesses 
with 3 to 9 employees offer coverage to their employees, as compared to 
almost all large businesses--those with over 50 employees.
  Why don't small businesses offer coverage? The number one reason they 
cite is cost. A study by the Kaiser Family Foundation found that about 
72 percent of small businesses cite the high cost of insurance premiums 
as a major reason they don't offer coverage. And a study of South 
Dakota business owners found that 79 percent said they would be more 
likely to offer coverage if the costs weren't so high.
  Clearly small business owners are desperate for relief. The stories I 
hear from South Dakota business owners underscore the need.
  Last summer, Kathleen Perkins, the owner of Great Plains Coffee 
Roasting Company in Sioux Falls, wrote to me about the cost of health 
insurance. In her letter, she wrote, ``I recently lost two great 
employees because as a small business, I cannot afford to offer 
comprehensive health care to my full time employees.''
  Earlier this year, I heard from the owner of South Dakota Magazine, 
in Yankton. He shared with me the notification from his insurer 
informing him that premiums would rise 27 percent. The owner expressed 
his frustration that he faces these increases, even after experiencing 
past double-digit increases and benefit reductions.
  Yet another small business owner in Mitchell wrote to me about yearly 
rate increases of 10 to 30 percent. She used to pay 100 percent of her 
employees' cost, but she has had to shift more of the cost onto her 
employees. And still she struggles. She said, ``I'm not sure how many 
more increases we can tolerate before we will discontinue this company 
benefit.''
  Small employers need relief. That's why the bill I'm introducing 
today would provide up to a 50-percent tax credit to help small 
employers pay for insurance for their employees. The legislation would 
provide a 50-percent credit for businesses with 25 or fewer employees, 
a 40-percent credit for businesses with between 26 and 35 employees, 
and a 30-percent credit for businesses with between 36 and 50 
employees.
  We must take additional steps to address the high cost of health 
care, the administrative waste in the system, and the growing number of 
uninsured. This tax credit is a first, important step in that process.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2245

       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 ``Small Business Health Tax 
     Credit Act''.

     SEC. 2. SMALL BUSINESS TAX CREDIT FOR 50 PERCENT OF HEALTH 
                   PREMIUMS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     business-related credits) is amended by adding at the end the 
     following:

     ``SEC. 45G. EMPLOYEE HEALTH INSURANCE EXPENSES.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of a qualified small employer, the employee health 
     insurance expenses credit determined under this section is an 
     amount equal to the applicable percentage of the amount paid 
     by the taxpayer during the taxable year for qualified 
     employee health insurance expenses.
       ``(b) Applicable Percentage.--For purposes of subsection 
     (a), the applicable percentage is equal to--
       ``(1) 50 percent in the case of an employer with less than 
     26 qualified employees,
       ``(2) 40 percent in the case of an employer with more than 
     25 but less than 36 qualified employees, and
       ``(3) 30 percent in the case of an employer with more than 
     35 but less than 51 qualified employees.
       ``(c) Per Employee Dollar Limitation.--The amount of 
     qualified employee health insurance expenses taken into 
     account under subsection (a) with respect to any qualified 
     employee for any taxable year shall not exceed the maximum 
     employer contribution for self-only coverage or family 
     coverage (as applicable) determined under section 8906(a) of 
     title 5, United States Code, for the calendar year in which 
     such taxable year begins.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Qualified small employer.--
       ``(A) In general.--The term `qualified small employer' 
     means any small employer which provides eligibility for 
     health insurance coverage (after any waiting period (as 
     defined in section 9801(b)(4)) to all qualified employees of 
     the employer.
       ``(B) Small employer.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `small employer' means, with respect to any calendar year, 
     any employer if such employer employed an average of not less 
     than 2 and not more than 50 qualified employees on business 
     days during either of the 2 preceding calendar years. For 
     purposes of the preceding sentence, a preceding calendar year 
     may be taken into account only if the employer was in 
     existence throughout such year.
       ``(ii) Employers not in existence in preceding year.--In 
     the case of an employer which was not in existence throughout 
     the 1st preceding calendar year, the determination under 
     clause (i) shall be based on the average number of qualified 
     employees that it is reasonably expected such employer will 
     employ on business days in the current calendar year.
       ``(2) Qualified employee health insurance expenses.--
       ``(A) In general.--The term `qualified employee health 
     insurance expenses' means any amount paid by an employer for 
     health insurance coverage to the extent such amount is 
     attributable to coverage provided to any employee while such 
     employee is a qualified employee.
       ``(B) Exception for amounts paid under salary reduction 
     arrangements.--No amount paid or incurred for health 
     insurance coverage pursuant to a salary reduction arrangement 
     shall be taken into account under subparagraph (A).
       ``(C) Health insurance coverage.--The term `health 
     insurance coverage' has the meaning given such term by 
     paragraph (1) of section 9832(b) (determined by disregarding 
     the last sentence of paragraph (2) of such section).
       ``(3) Qualified employee.--The term `qualified employee' 
     means an employee of an employer who, with respect to any 
     period, is not provided health insurance coverage under--
       ``(A) a health plan of the employee's spouse,
       ``(B) title XVIII, XIX, or XXI of the Social Security Act,
       ``(C) chapter 17 of title 38, United States Code,
       ``(D) chapter 55 of title 10, United States Code,
       ``(E) chapter 89 of title 5, United States Code, or
       ``(F) any other provision of law.
       ``(4) Employee--The term `employee'--
       ``(A) means any individual, with respect to any calendar 
     year, who is reasonably expected to receive at least $5,000 
     of compensation from the employer during such year,
       ``(B) does not include an employee within the meaning of 
     section 401(c)(1), and
       ``(C) includes a leased employee within the meaning of 
     section 414(n).
       ``(5) Compensation.--The term `compensation' means amounts 
     described in section 6051(a)(3).
       ``(e) Certain Rules Made Applicable.--For purposes of this 
     section, rules similar to the rules of section 52 shall 
     apply.
       ``(f) Denial of Double Benefit.--No deduction or credit 
     under any other provision of this chapter shall be allowed 
     with respect to qualified employee health insurance expenses 
     taken into account under subsection (a).''.
       (b) Credit To Be Part of General Business Credit.--Section 
     38(b) of the Internal Revenue Code of 1986 (relating to 
     current

[[Page 5386]]

     year business credit) is amended by striking ``plus'' at the 
     end of paragraph (14), by striking the period at the end of 
     paragraph (15) and inserting ``, plus'', and by adding at the 
     end the following:
       ``(16) the employee health insurance expenses credit 
     determined under section 45G.''.
       (c) Credit Allowed Against Minimum Tax.--
       (1) In general.--Subsection (c) of section 38 of the 
     Internal Revenue Code of 1986 (relating to limitation based 
     on amount of tax) is amended by redesignating paragraph (4) 
     as paragraph (5) and by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) Special rules for employee health insurance credit.--
       ``(A) In general.--In the case of the employee health 
     insurance credit--
       ``(i) this section and section 39 shall be applied 
     separately with respect to the credit, and
       ``(ii) in applying paragraph (1) to the credit--

       ``(I) the amounts in subparagraphs (A) and (B) thereof 
     shall be treated as being zero, and
       ``(II) the limitation under paragraph (1) (as modified by 
     subclause (I)) shall be reduced by the credit allowed under 
     subsection (a) for the taxable year (other than the employee 
     health insurance credit).

       ``(B) Employee health insurance credit.--For purposes of 
     this subsection, the term `employee health insurance credit' 
     means the credit allowable under subsection (a) by reason of 
     section 45G(a).''.
       (2) Conforming amendments.--
       (A) Subclause (II) of section 38(c)(2)(A)(ii) of such Code 
     is amended by inserting ``or the employee health insurance 
     credit'' after ``employee credit''.
       (B) Subclause (II) of section 38(c)(3)(A)(ii) of such Code 
     is amended by inserting ``or the employee health insurance 
     credit'' after ``employee credit''.
       (d) No Carrybacks.--Subsection (d) of section 39 of the 
     Internal Revenue Code of 1986 (relating to carryback and 
     carryforward of unused credits) is amended by adding at the 
     end the following:
       ``(11) No carryback of section 45g credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the employee health 
     insurance expenses credit determined under section 45G may be 
     carried back to a taxable year ending before the date of the 
     enactment of section 45G.''.
       (e) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following:

``Sec. 45G. Employee health insurance expenses.''.

       (f) Employer Outreach.--The Internal Revenue Service shall, 
     in conjunction with the Small Business Administration, 
     develop materials and implement an educational program to 
     ensure that business personnel are aware of--
       (1) the eligibility criteria for the tax credit provided 
     under section 45G of the Internal Revenue Code of 1986 (as 
     added by this section),
       (2) the methods to be used in calculating such credit,
       (3) the documentation needed in order to claim such credit, 
     and
       (4) any available health plan purchasing alliances 
     established under title II,

     so that the maximum number of eligible businesses may claim 
     the tax credit.
       (g) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after the date of the enactment of this Act.

                          ____________________