Thank you for writing me to express your opposition to increasing taxes on tobacco products in order to fully fund the Individuals with Disabilities Education Act (IDEA). I appreciate the time you took to write and welcome the opportunity to respond.
As you know, when Congress enacted IDEA in 1975, it authorized the Federal Government to contribute up to 40 percent of the cost associated with educating students with disabilities. This commitment was to ensure that the nearly six million students with special needs receive the same quality of education as their peers without overburdening local school districts. To date, this commitment has never been fully funded.
On July 21, 2011, Senator Tom Harkin (D-IA) introduced the "IDEA Full Funding Act" (S. 1403), which would fulfill the commitment to fully fund IDEA through Fiscal Year 2021. Funding for the program would come from a tax increase on tobacco products, specifically cigarettes, cigars, roll-your-own tobacco, smokeless tobacco, and other tobacco items as defined by the Family Smoking Prevention and Tobacco Control Act (FSPTCA; Public Law 111-31).
Currently, items such as dissolvable tobacco and electronic cigarettes do not fall under FSPTCA's definition of a tobacco product and would not be taxed under S. 1403. However, on July 7, 2011, the Federal Drug Administration (FDA) released a notice that it plans to issue a new rule soon, which would deem that all products which meet the broader, statutory definition of a tobacco product under the Federal Food, Drug, and Cosmetic Act, would also be subject to the jurisdiction of FSPTCA. Should this proposed rule be issued and finalized, dissolvablesand electronic cigarettes would be taxed under S. 1403.
S. 1403 is currently pending in the Senate Committee on Finance. While I understand your opposition to increasing the tax on tobacco products contained within the bill, I am concerned that school districts may be overburdened by the costs of special education. As states cut back on education budgets, local school districts have been forced to cut some of their services or raise taxes to pay for the special education services they are mandated to provide. Please be assured that I appreciate hearing your opposition to S. 1403 and will keep it in mind should this bill come to the Senate floor for consideration.
Once again, thank you for writing. If you have any further questions or comments, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841. Best regards.
May I wish you and your family a happy and healthy holiday season.
Sincerely yours,
Dianne Feinstein
United States Senator
Further information about my position on issues of concern to California and the Nation are available at my website, Feinstein.senate.gov. You can also receive electronic e-mail updates by subscribing to my e-mail list. Click here to sign up. Feel free to checkout my YouTube Page.
As you know, when Congress enacted IDEA in 1975, it authorized the Federal Government to contribute up to 40 percent of the cost associated with educating students with disabilities. This commitment was to ensure that the nearly six million students with special needs receive the same quality of education as their peers without overburdening local school districts. To date, this commitment has never been fully funded.
On July 21, 2011, Senator Tom Harkin (D-IA) introduced the "IDEA Full Funding Act" (S. 1403), which would fulfill the commitment to fully fund IDEA through Fiscal Year 2021. Funding for the program would come from a tax increase on tobacco products, specifically cigarettes, cigars, roll-your-own tobacco, smokeless tobacco, and other tobacco items as defined by the Family Smoking Prevention and Tobacco Control Act (FSPTCA; Public Law 111-31).
Currently, items such as dissolvable tobacco and electronic cigarettes do not fall under FSPTCA's definition of a tobacco product and would not be taxed under S. 1403. However, on July 7, 2011, the Federal Drug Administration (FDA) released a notice that it plans to issue a new rule soon, which would deem that all products which meet the broader, statutory definition of a tobacco product under the Federal Food, Drug, and Cosmetic Act, would also be subject to the jurisdiction of FSPTCA. Should this proposed rule be issued and finalized, dissolvablesand electronic cigarettes would be taxed under S. 1403.
S. 1403 is currently pending in the Senate Committee on Finance. While I understand your opposition to increasing the tax on tobacco products contained within the bill, I am concerned that school districts may be overburdened by the costs of special education. As states cut back on education budgets, local school districts have been forced to cut some of their services or raise taxes to pay for the special education services they are mandated to provide. Please be assured that I appreciate hearing your opposition to S. 1403 and will keep it in mind should this bill come to the Senate floor for consideration.
Once again, thank you for writing. If you have any further questions or comments, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841. Best regards.
May I wish you and your family a happy and healthy holiday season.
Sincerely yours,
Dianne Feinstein
United States Senator
Further information about my position on issues of concern to California and the Nation are available at my website, Feinstein.senate.gov. You can also receive electronic e-mail updates by subscribing to my e-mail list. Click here to sign up. Feel free to checkout my YouTube Page.
I would get the same letter from my senator...a very conservative republican...saying the same "nothing" 
