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Year-End Report
Rep. Burgess Votes for Passage of House Transportation Bill
Posted by Michelle Stein on April 2, 2004
Today, Congressman Michael C. Burgess, the only Texas Republican Congressman on the House Transportation and Infrastructure Committee, considered the six-year surface transportation reauthorization bill, H.R. 3550, on the House floor. The bill passed by a vote of 357 –65. H.R. 3550 was about $100 billion to $275 billion during committee deliberations moving it closer in-line with the transportation reauthorization proposals of the Senate ($318 billion) and the White House ($259 billion). Congressman Michael Burgess continued his lobbying efforts to ensure that North Texas receives much-needed transportation dollars. Several key concepts Burgess stressed during committee negotiations were included in H.R. 3550. Burgess’ design-build concept, commonly referred to as the RAPID Act, allows highways to be constructed in commonsense increments as they are needed, was included. Also included in H.R. 3550 was Reps. Burgess and fellow North Texas Eddie Bernice Johnson’s “Borders-Corridors” idea which provides allocations to states and metropolitan planning organizations for constructing corridors of national significance, economic growth, and international or interregional trade. Currently, Majority Leader Tom DeLay’s SHARE legislation, which works to bring a higher rate of return on transportation dollars for donor states like Texas, is still being debated amongst House and Committee Leadership and will be further addressed during conference committee deliberations. Congressman Burgess is working with both House and Committee Leadership to ensure Texas receives its fair share by imposing a 95% rate of return. “The United States has benefited greatly from having a strong transportation network, but we are approaching a crossroads,” stated Congressman Michael Burgess. “I hope that our work on transportation reauthorization is one step closer to finding solutions to this impending problem. I believe H.R. 3550 is bringing us closer to our policy goals in North Texas to achieve our region’s goal of efficient, seamless transportation corridors and combat congestion.” Congressman Burgess was successful in securing three New Starts transit designations for North Texas under Title III, Section 3037. The designations include Denton County Transportation Authority, Fixed Guideway Project; Dallas Area Rapid Transit (DART), Beltline to DFW Airport; and Fort Worth Trinity Railway Express Commuter Rail Extensions. Rep. Michael Burgess has several key District priority projects included in the committee’s bill which total over $45 million for North Texas. The bill will now be negotiated with the Senate version during a conference committee where a final bill will be finalized. All projects and bill language are subject to change. Project Descriptions Dollars Widen from 4 to 6 lanes I-35E from Lake Lewisville to Loop 288 $14 million Widen US 380 West from 2 to 4 lanes from the Denton, Texas city limits to western Denton County line $5 million Relocation of FM 156 at Alliance Airport $5 million Add shoulders to FM 156 from Ponder, Texas to Krum, Texas $4 million Widening FM 423 $8 million SH 114/SH 170 in South Denton County $2.5 million SH 114/SH 121 “Funnel Project” – Preliminary Engineering Study $4 million Tower 55 CMAQ Congestion and Preliminary Engineering Study (in coordination with Congresswoman Kay Granger) $2.5 million FM 2499, Section 4 $1 million Improvements to I-35E/I-635 Interchange $1 million
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H.R. 3550 - Transportation Equity Act: A Legacy for Users
Posted by on April 2, 2004
H.R. 3550 To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. Vote: 357-65 Burgess voted YES *Flake of Arizona Amendment FAILED BY A VOTE OF 60-367 Burgess voted NO *Jackson-Lee of Texas Amendment FAILED BY A VOTE OF 50-376 Burgess voted YES *Chocola of Indiana Amendment FAILED BY A VOTE OF 198-228 Burgess voted NO *Bachus of Alabama Amendment AGREED TO BY A VOTE OF 365-62 Burgess voted YES *Bradley of New Hampshire Amendment FAILED BY A VOTE OF 90-334 Burgess voted NO *Kennedy of Minnesota Amendment AGREED TO BY A VOTE OF 231-193 Burgess voted NO *Isakson of Georgia Amendment FAILED BY A VOTE OF 170-254 Burgess voted YES Title:To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. Sponsor: Rep Young, Don [AK] (introduced 11/20/2003) Cosponsors: 145 Committees: House Transportation and Infrastructure; House Education and the Workforce; House Energy and Commerce; House Judiciary; House Resources; House Science House Reports: 108-452 Part 1 Related Bills: H.RES.593, S.1072 Latest Major Action: 4/2/2004 Passed/agreed to in House. Status: On passage Passed by the Yeas and Nays: 357 - 65 (Roll no. 114). -------------------------------------------------------------------------------- SUMMARY AS OF: 11/20/2003--Introduced. Transportation Equity Act: A Legacy for Users - Reauthorizes the Federal-aid surface transportation program through FY 2009. Reauthorizes appropriations from the Highway Trust Fund (HTF) for: (1) specified highway (including highway safety) programs; (2) research and technology; (3) motor carrier safety; and (4) transportation research. Directs the Secretary of Transportation to establish a National Commission on Future Revenue Sources to Support the HTF. Establishes: (1) a National Commission on the Future of the Dwight D. Eisenhower National System of Interstate Defense Highways; and (2) a Commission on Intelligent Transportation Systems Procurement Policy. Requires States with an urbanized area population of over 200,000 to obligate specified funds for congestion relief. Federal Public Transportation Act of 2004 - Sets forth revised provisions governing public transportation funding and the Secretary's authority to make specified grants, including grants for capital projects, planning, and transit and for commercial driver's license program improvements. Directs the Secretary to establish programs involving: (1) long-term bridge performance; (2) innovative highway safety technologies; (3) freight planning capacity building; (4) freight transportation research; (5) future strategic highway research; (6) surface transportation congestion solutions research; and (7) commercial remote sensing products and spatial information technologies. Intelligent Transportation Systems Act of 2004 - Directs the Secretary to conduct an ongoing intelligent system transportation program to research, develop, and operationally test and advance nationwide deployment of intelligent transportation systems as a component of the U.S. surface transportation systems. Incorporates Federal Highway Administration and Federal Transit Administration planning provisions. Reauthorizes the hazardous materials transportation program. Makes the guaranteed funding levels provided under this Act dependent on identifying additional budgetary resources.
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H.R. 3108 - Pension Funding Equity Act of 2003
Posted by on April 2, 2004
H.R. 3108 To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to temporarily replace the 30-year Treasury rate with a rate based on long-term corporate bonds for certain pension plan funding requirements and other provisions, and for other purposes. Vote: 336-69 Burgess voted YES Title:To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to temporarily replace the 30-year Treasury rate with a rate based on long-term corporate bonds for certain pension plan funding requirements and other provisions, and for other purposes. Sponsor: Rep Boehner, John A. [OH-8] (introduced 9/17/2003) Cosponsors: 10 Committees: House Education and the Workforce; House Ways and Means; Senate Finance Conference Reports: 108-457 Latest Major Action: 4/2/2004 Conference report agreed to in House. Status: On agreeing to the conference report Agreed to by recorded vote: 336 - 69 (Roll no. 117). -------------------------------------------------------------------------------- SUMMARY AS OF: 4/1/2004--Conference report filed in House. Pension Funding Equity Act of 2004 - Title I: Pension Funding - (Sec. 101) Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (Code) to temporarily replace (for plan years 2004 and 2005) the 30-year Treasury rate with a rate based on long-term corporate bonds for certain pension plan funding requirements. Directs the Secretary of the Treasury to: (1) determine the permissible range of such rate on the basis of two or more indices that are selected periodically from the the top three quality levels available; and (2) make such range public, as well as indices and methodology used to determine such weighted average rate. (Sec. 102) Allows applicable employers to elect to make alternative deficit reduction contributions under ERISA and the Code. Defines applicable employers as: (1) commercial passenger airlines; (2) those primarily engaged in production or manufacture of steel mill products or the processing of iron ore pellets; or (3) a specified type of organization that established its plan on June 30, 1955. Allows such an employer, if the defined benefit plan met certain requirements in 2000, to elect an alternative type of increase for up to two plan years that begin after December 27, 2003, and before December 28, 2005. Restricts benefit increases during such applicable plan year unless specified conditions are met. Requires employers who elect such an alternative deficit reduction contribution to notify participants, beneficiaries, and the Pension Benefit Guaranty Corporation (PBGC). (Sec. 103) Establishes ERISA requirements for multiemployer defined benefit plan funding notices. Requires plan administrators to send such notices to participants, beneficiaries, labor organizations, and employers for each plan year, within a specified time, form, and manner. Requires such notices to include information on: (1) the plan's funded current liability percentage; (2) the value of the plan's assets, the amount of benefit payments, and the ratio of the assets to the payments for the plan year; (3) rules governing insolvent multiemployer plans, including limitations on benefit payments, potential benefit reductions and suspensions, and potential effects on the plan; and (4) plan benefits eligible to be guaranteed by the PBGC, and circumstances limiting such guarantee. Directs the Secretary of Labor to issue regulations, including a model notice. (Sec. 104) Permits, under ERISA and the Code, certain eligible multiemployer plan sponsors to elect to defer a charge for a portion of a net experience loss. Allows, with respect to such loss for the first plan year beginning after December 31, 2001, such deferral of up to 80 percent of the amount otherwise required to be charged for any plan year beginning after June 30, 2003, and before July 1, 2005, to any plan year selected by the plan from either of the two immediately succeeding plan years. Prohibits any plan amendments which increase plan liabilities by increasing benefits from taking effect during such deferral period, unless specified conditions are met. Makes a multiemployer plan eligible to elect such deferral if: (1) it had a net investment loss (determined on the basis of actual loss) for the first plan year beginning after December 31, 2001, of at least ten percent of the average fair market value of its assets during the plan year; and (2) its enrolled actuary certifies, on the basis of the actuarial assumptions used for the last plan year ending before the enactment date of this Act, that it is projected to have an accumulated funding deficiency for any plan year beginning between June 30, 2003, and July 1, 2006. Makes a plan ineligible if: (1) any of its required employer contributors failed to timely pay an excise tax imposed on the plan, for any taxable year beginning during the preceding ten-year period; (2) the average contribution required to be made by all employers to it does not exceed ten cents per hour, or no employer is required to make contributions to it, for any plan year beginning after June 30, 1993; or (3) it was granted a specified waiver or an amortization period extension, for any plan year beginning after June 30, 1993. Title II: Other Provisions - (Sec. 201) Provides for a special two-year extension, for plan years beginning in 2004 and 2005, of a transition rule, under the Retirement Protection Act of 1994, as amended by the Taxpayer Relief Act of 1997, with respect to certain pension funding requirements under ERISA and the Code. Allows a certain defined benefit plan, in 2004 and 2005, to use a special mortality table in calculating funding liability and to be exempt from a deficit reduction contribution and variable premiums to the PBGC. (Sec. 202) Sets forth a special ERISA procedure for certain disputes between a multiemployer plan sponsor and an employer involving pension plan withdrawal liability. Shifts, from the employer to the plan sponsor, the burden of proof that the employer created a subsidiary to avoid the employer's liability for plan termination, if: (1) the transaction occurred before January 1, 1999, and at least five years before the date of complete or partial withdrawal; and (2) the employer receives a certain notification under ERISA after October 31, 2003. (Sec. 203) Expresses the sense of Congress that it must ensure the financial health of the defined benefit pension system by working to implement promptly: (1) a permanent replacement for the pension discount rate used for defined benefit pension plan calculations; and (2) comprehensive funding reforms, for all defined benefit pension plans, aimed at achieving accurate and sound pension funding (Sec. 204) Extends, until December 31, 2013, Code and ERISA provisions permitting the transfer of excess pension assets to retiree health accounts. (Sec. 205) Repeals a Code provision requiring reduction of the policyholder dividend deductions of mutual life insurance companies. (Sec. 206) Revises the definition of small property and casualty insurance companies (insurance companies other than life insurance companies) exempt from income taxes to specify: (1) a company whose gross receipts for the taxable year do not exceed $600,000, and over half such gross receipts consist of premiums (currently, whose net written premiums (or, if greater, direct written premiums) for the taxable year do not exceed $350,000); or (2) a mutual insurance company (with certain exceptions) whose gross receipts of which for the taxable year do not exceed $150,000, and more than 35 percent of such gross receipts consist of premiums. (Sec. 207) Declares that graduate medical resident matching programs do not violate Federal or State antitrust laws.
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The U.S. Courts and Partial Birth Abortion
Posted by Michelle Stein on April 1, 2004
Click here to watch the video.
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Would it Mean Anything
Posted by Michelle Stein on April 1, 2004
Would it mean anything, if I told you that in 25 years practicing obstetrics and gynecology, never once was it necessary to consider using the procedure known as intact dilatation and extraction. The procedure known more commonly as partial birth abortion. That's 25 years, and over 3000 babies. Indeed four of those years were at the world-renowned Parkland Memorial hospital in Dallas Texas. Parkland, where any complication that could happen will happen if you only wait long enough. Again I stress never was it necessary to call upon the procedure known as partial birth abortion to save the life of the mother. It has been well over a decade since I have performed a newborn circumcision without some type of local anesthetic. Indeed, circumcisions were always known to be painful, but the period of pain was so brief that it was thought to be negligible. However, more enlightened minds in the field of pediatrics came upon the scene, and demonstrated how cortisol levels increased as a result of un-anesthetized circumcision procedures, providing laboratory evidence that the newborn indeed did feel pain. But we are asked to discount the possibility of fetal pain perception when dealing with the language of partial birth abortion. We are asked to suspend our knowledge of pain pathways and assume that a scalp laceration, skull fracture, dural tear and brain laceration will pass unnoticed by a child as long as his or her head is still within the birth canal. The current argument before the various district courts across America deal with just these unpleasant facts. Borrowing from judicial language that has been used to strike down similar restrictions on late term termination of pregnancy, the bill recently passed by both houses of Congress and signed by the president of the United States, is said to be overly broad and restrictive. Central to the argument is the concern that other mid-trimester termination techniques might be included in the overly broad language, thus preventing or prohibiting the use of such a procedure when the mother's life is in jeopardy. While other mid-trimester procedures may be grim, they lack the sheer brutality of the partial birth abortion procedure. But by any measure, intact dilatation and extraction, performed in the last trimester of pregnancy, is never the only option for concluding a pregnancy when the mother's health is compromised. Induction of labor with a vaginal delivery, or cesarean section may both be used to conclude a pregnancy when a mother's health is threatened. The only theoretic "advantage" of a partial birth abortion procedure is this: it guarantees that the baby will be dead upon delivery. There are complications that may occur during pregnancy which do require the pregnancy be concluded in order to preserve the health of the mother, or indeed save her life. But the mother's survival statistics are not improved or worsened by insisting that the child be dead upon delivery. During the third trimester of pregnancy, labor can be induced or cesarean section performed. If the degree of prematurity is severe, or the complications requiring delivery are grave, then indeed the child may succumb to these conditions. But the partial birth abortion procedure is unique in that it always guarantees a dead baby. The American Medical Association has characterized the partial birth abortion procedure as" basically repulsive". It perverts the whole notion of what medical care stands for; protecting life and limb, relieving pain and suffering, and the time-honored principle of 'first do no harm". American medicine is better than that. Indeed Americans are a better people than that. The United States Congress has performed the necessary background investigations over the past eight years, and crafted legislation that prevents harm to innocent life and preserves the life and health of the mother. The courts now should not interfere.
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S. 2057 - A bill to require the Secretary of Defense to reimburse members of the United States Armed Forces for certain transportation expenses incurred by the members in connection with leave under the Central Command Rest and Recuperation Leave Program before the program was expanded to include domestic travel.
Posted by on March 30, 2004
S. 2057 To require the Secretary of Defense to reimburse members of the United States Armed Forces for certain transportation expenses incurred by the members in connection with leave under the Central Command Rest and Recuperation Leave Program before the program was expanded to include domestic travel. Vote: 423-0 Burgess voted YES Title:A bill to require the Secretary of Defense to reimburse members of the United States Armed Forces for certain transportation expenses incurred by the members in connection with leave under the Central Command Rest and Recuperation Leave Program before the program was expanded to include domestic travel. Sponsor: Sen Coleman, Norm [MN] (introduced 2/9/2004) Cosponsors: 15 Committees: Senate Armed Services; House Armed Services Latest Major Action: 3/30/2004 Cleared for White House. -------------------------------------------------------------------------------- SUMMARY AS OF: 2/9/2004--Introduced. Directs the Secretary of Defense to reimburse a member of the armed forces for transportation expenses incurred for one round trip between two locations within the United States in connection with leave under the Central Command Rest and Recuperation Leave Program during the period beginning on September 25, 2003, and ending on December 18, 2003.
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H.R. 3966 - ROTC and Military Recruiter Equal Access to Campus Act of 2004
Posted by on March 30, 2004
H.R. 3966 Vote: 343-81 Burgess voted YES Title: To amend title 10, United States Code, to improve the ability of the Department of Defense to establish and maintain Senior Reserve Officer Training Corps units at institutions of higher education, to improve the ability of students to participate in Senior ROTC programs, and to ensure that institutions of higher education provide military recruiters entry to campuses and access to students that is at least equal in quality and scope to that provided to any other employer. Sponsor: Rep Rogers, Mike D. [AL-3] (introduced 3/12/2004) Cosponsors: 32 Committees: House Armed Services; House Education and the Workforce; Senate Armed Services House Reports: 108-443 Part 1 Related Bills: H.RES.580 Latest Major Action: 3/31/2004 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Armed Services.
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H.R. 3104 - To provide for the establishment of campaign medals to be awarded to members of the Armed Forces who participate in Operation Enduring Freedom or Operation Iraqi Freedom.
Posted by on March 30, 2004
H.R. 3104 To provide for the establishment of campaign medals to be awarded to members of the Armed Forces who participate in Operation Enduring Freedom or Operation Iraqi Freedom. Vote: 423-0 Burgess voted YES Title:To provide for the establishment of separate campaign medals to be awarded to members of the uniformed services who participate in Operation Enduring Freedom and to members of the uniformed services who participate in Operation Iraqi Freedom. Sponsor: Rep Snyder, Vic [AR-2] (introduced 9/16/2003) Cosponsors: 103 Committees: House Armed Services; Senate Armed Services Latest Major Action: 3/31/2004 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Armed Services. -------------------------------------------------------------------------------- SUMMARY AS OF: 9/16/2003--Introduced. Directs the President to establish separate campaign medals to recognize service by members of the armed forces in Operation Enduring Freedom or Operation Iraqi Freedom.
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H.Con.Res. 386 - Congratulating the United States Air Force Academy on its 50th Anniversary and recognizing its contributions to the Nation.
Posted by on March 30, 2004
H.Con.Res. 386 Congratulating the United States Air Force Academy on its 50th Anniversary and recognizing its contributions to the Nation. Vote: 420-0 Burgess voted YES Title:Congratulating the United States Air Force Academy on its 50th Anniversary and recognizing its contributions to the Nation. Sponsor: Rep Wilson, Heather [NM-1] (introduced 3/16/2004) Cosponsors: 22 Committees: House Armed Services; Senate Armed Services Latest Major Action: 4/1/2004 Referred to Senate committee. Status: Read twice and referred to the Committee on Armed Services. -------------------------------------------------------------------------------- SUMMARY AS OF: 3/16/2004--Introduced. Congratulates the United States Air Force Academy on its 50th Anniversary. Acknowledges the continued excellence of the Academy and its critical role in the defense of the United States. Recognizes the outstanding service to the Nation that graduates from the Academy have provided.
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H.R. 3095 - Community Recognition Act of 2003
Posted by on March 29, 2004
H.R. 3095 To amend title 4, United States Code, to make sure the rules of etiquette for flying the flag of the United States do not preclude the flying of flags at half mast when ordered by city and local officials. Vote: 379-1 Burgess voted YES Title:To amend title 4, United States Code, to make sure the rules of etiquette for flying the flag of the United States do not preclude the flying of flags at half mast when ordered by city and local officials. Sponsor: Rep Doolittle, John T. [CA-4] (introduced 9/16/2003) Cosponsors: (none) Committees: House Judiciary; Senate Judiciary House Reports: 108-411 Latest Major Action: 3/29/2004 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary. -------------------------------------------------------------------------------- SUMMARY AS OF: 9/16/2003--Introduced. Community Recognition Act of 2003- Authorizes the chief elected official of a locality, in the event of the death of a present or former official of that locality, to proclaim that the national flag shall be flown at half staff.
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