Crossroads of the American Revolution National Heritage Area Act of 2003
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Executive Comment Requested from Interior.
March 17, 2003
View full timeline
Introduced in House
February 4, 2003
Referred to the House Committee on Resources.
February 4, 2003
Referred to the Subcommittee on National Parks, Recreation and Public Lands.
March 17, 2003
Floor Debate
23 membersWhat members said about H.R. 524 on the floor
GG
ECS
SJL
RTM
EJM+18
Floor Debate
23 membersWhat members said about H.R. 524 on the floor
Mr. Speaker, I thank the gentleman from California (Mr. Matsui), our ranking member on the Subcommittee on Social Security, for yielding me this time. One thing I do agree with the chairman of the…
Mr. Speaker, I thank the gentleman from California (Mr. Matsui), our ranking member on the Subcommittee on Social Security, for yielding me this time.
One thing I do agree with the chairman of the Subcommittee on Social Security about is that we should reform the government pension offset. Instead of talking about technicalities or ways that people have figured a way around it, we ought to look at the whole issue. There has been legislation cosponsored by the majority of this House for 3 years, but we have not had a hearing yet on dealing with that. That is what is frustrating.
So instead of dealing with the big issue, they are going to say, okay, for those teachers or firefighters or police officers in Texas or Georgia or whatever other States, they are going to punish those because they found a way under current law to be able to receive their widows' benefits. We are talking about widows benefits. I do not know about the GAO study or whatever they wanted to talk about, but I do know that we are talking about widows' benefits.
Let me give an example. I have a lady in my own district in the Aldine School District; her husband passed away 10 years ago. She has been receiving his Social Security widow's benefits. She teaches school. She is 73 years old now. After decades of teaching math, she is ready to retire; but if she retires, she will have her widow's benefits under Social Security reduced so substantially that there will almost be nothing left, because of her teacher retirement under the State of Texas.
Now, again, I do not know how the request was made for these GAO studies, but I do know that the facts on the ground show something different than what my colleagues say. This teacher will have to wait to retire. She would have to go to work for 5 years at a school that has Social Security. Well, she does not have that choice. We have some districts in Texas who do, some who do not. Very few actually do. So she would have to be 78 years old under the bill to be able to continue receiving her widow's benefits. That is wrong. That has been wrong, and it is affecting so many people. That is why we have an amendment, and I thank the Committee on Rules for giving us an opportunity to strike that section.
We have an opportunity through that amendment that will do it. Let us deal with the whole issue, but let us also support the amendment that will leave this provision in here for people who need it.
Mr. Speaker, I think the debate has been good because it has talked about what the concern is, that we really need to deal with government pension offset.
I know there has been legislation introduced now for a number of years and that there is a commitment to have a hearing on it, but we have a bill right now; the latest legislation, H.R. 594, has at least 50 Republican Members and in a very short time has received almost 200 co-sponsors of it, that would eliminate the controversial government pension offset. And I guess that is what is frustrating because we have so much support to eliminate it or at least, as had been earlier talked about, let us moderate it. Do not punish widows that are public employees, two-thirds. Let us make them only pay one-third. Sure, they only worked a day maybe, but they are not getting it for their work under Social Security.
They are getting it because they were married to their spouse for at least 10 years and, in some cases, 30 and 40 years; and yet, because they were public schoolteachers, they had to take advantage of that loophole because, otherwise if their husband died before they were 62, they did not receive anything. So they found a way under current law to seek redress, and this bill is going to close that loophole, supposedly.
Again, maybe it should be, if my amendment is adopted, I would like the committee to really bring out a reform during this Congress because, again, we have been waiting now for many years. In fact, my colleague from Arizona (Mr. Hayworth), I remember 3 years ago he and I stood at a press conference with lots of Members talking about we need to reform the government pension offset, and that is what ought to be done, but do not punish the States of Georgia or Texas or whatever other jurisdiction said, well, wait a minute, we know it is wrong, we know it is wrong to penalize a widow who teaches school.
For example, a colleague of mine from Texas has a military base, Fort Hood, with a lot of his constituents now in the Persian Gulf. They said we have a program that is called Troops to Teachers. Our armed services pay Social Security so they retire from the military, and yet they are going to go back to teach and they are going to be penalized for the Social Security they earned in the military if they retire in Texas from the teacher retirement system and they do not work for a school district that has Social Security.
The system is wrong, and my colleagues are making it worse by changing it by this bill; and this is what is so bad. My colleagues can show me all of the studies, but I cannot explain those studies to my constituents who are teachers who said you mean to tell me I have been married 30 years to my husband and everything because we are talking about 80 percent of these people are women, and we know nationally the retirement income for women is so much lower than men. We have teachers who have been married all these years, and sure, they are going to take advantage, but that is because they have been married to someone who paid into Social Security for at least 10 years, in some cases 3 or 4 decades.
Mr. Chairman, I offer an amendment in the nature of a substitute.
Mr. Speaker, I yield myself such time as I may consume.
(Mr. GREEN of Texas asked and was given permission to revise and extend his remarks.)
Mr. Speaker, we have had a great deal of debate already on the general debate, but I rise in opposition to the legislation in support of my amendment, and it is frustrating because there are some good things in this legislation, but I guess what is really frustrating is that why should a section of this bill be addressed to public educators, firefighter and police officers that happen to be in Texas or Georgia, and yet, in another section, we are trying to combat fraud by felons.
I agree, we should combat fraud by felons; and if we have felons who are receiving Social Security, felons who are absconding, I do not mind. In fact, why are we waiting this long to keep them from getting their Social Security? Do not go after widowed teachers, whose spouses paid into Social Security.
Eighty percent are women who receive fewer retirement benefits than men, and it is not just for teachers, firefighters in the same legislation. It just seems like it is wrong to put that issue in the same legislation due to felons receiving Social Security benefits.
In fact, I had a constituent last night say, you mean to tell me all these years I have taught and I am in the same legislation trying to close a loophole for fugitive felons receiving Social Security? I said, I am sorry, ma'am, but that is what it has. The bill has some other good things in it; but we have this amendment, and I appreciate the Committee on Rules providing this.
It is called a loophole, but it is really not. There are lots of loopholes in our laws, but it is called laws; and I know on our side of the aisle we have talked about corporate loopholes for a long time. Let us close up the corporate loopholes, but why are we closing up one for the widowed teachers, again, who their only punishment is they worked as a public schoolteacher and was married to someone who paid into Social Security at least 10 years and, again, in some cases, many more years?
When the House first considered this legislation, it failed because of a controversial provision that we have, and the bill ought to pass, but it ought to be passed without this provision, and let us come back, get our Ways and Means subcommittee and the Committee on Ways and Means to deal with the government pension offset as a separate bill.
Last session, this legislation passed out of the House with, I do not think, any dissenting votes. It went to the Senate; and on a technicality, they added this back in, and it was stopped in the House when they tried to pass it on unanimous consent last fall and when most of us were in our districts.
In States where some public employees are not covered by Social Security, such as in Texas, this does reduce the spousal benefits by two-thirds, and in some cases, it can eliminate all of them, all their benefits. It is a problem for many public servants, but it is especially, again, bad for women, and, again, since 80 percent of the Texas schoolteachers and retirees are women. Sixty percent of that group is married, and again, I think it is interesting on the floor of the House because I always heard the statement, consistency is the hobgoblin of little minds, but here we have bills that can enforce marriage, why are people on social services, that encourage them to get married, and here we have teachers who are married for all these years, and yet we are punishing them under the pension government offset.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume to say that I realize my colleague from Texas did not have time to yield, but let me just say that these teachers do not make the choice between the teacher retirement systems and Social Security. The choice is made by the local school districts. That is why 50 school districts in Texas pay into both.
We have more than 1,100 school districts in the State of Texas where those local school board members, not those employees, those local school board members make that decision.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Lampson).
Mr. Speaker, I yield myself such time as I may consume to comment that having the chairman of the Committee on Ways and Means calling this ``scamming the system'' is like the pot calling the kettle black. We have provisions in our Tax Code for individuals, one person. We have Tax Code provisions for one company or groups of companies. Yet it is a scam system if we are going to protect public school educators.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Edwards), my colleague from Texas.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I respect the gentleman from Georgia (Mr. Collins) with whom I have gone on trips to see our military, and this issue is also about the military. As the gentleman from Texas (Mr. Edwards) who represents Fort Hood pointed out, this will impact them unless we reform the government pension offset.
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Reyes).
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Turner).
Mr. Speaker, I yield such time as she may consume to the gentlewoman from Texas (Ms. Jackson-Lee.)
(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Ortiz).
(Mr. ORTIZ asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Sandlin), a member of the Committee on Ways and Means.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me say they are not receiving the benefits because of that 1 day, they are receiving them because they were married for at least 10 years to someone who paid into Social Security. That is the reason that they are receiving it. It is not hypothetical. We have people who have paid into Social Security for 40 years, and their spouses have received nothing. That is wrong.
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Edwards).
Mr. Speaker, I yield myself such time as I may consume.
To my really good friend and neighbor, that is the whole point of the debate. We should reform the government pension offset and not punish those who have found a way to deal with it.
Mr. Speaker, I yield 1 minute to the gentlewoman from Dallas, Texas (Ms. Eddie Bernice Johnson).
(Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I think I have the right to close, and I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
The reason I am offering this amendment is because the underlying bill provides for this section 418. There are a lot of good provisions in the underlying bill, and people can vote for my amendment and still vote for the bill. There are other States with public employees like Texas. It just impacts Texas more than I guess other States, maybe Georgia or somewhere else, that reduces our spousal benefits because we have local governments that do not participate in Social Security. Only 50 of our school districts, the gentleman
from Texas (Mr. Sam Johnson), participate; but we have over 1,100 school districts, and that is a local decision. My wife as a teacher did not decide she would go to work for someone who paid Social Security. She went to work because she wanted to be a teacher, and that is the frustration because no one thinks about it until they realize later in their careers, wait a minute, I have been married for all these years and I am going to get penalized if my husband passes away?
Marriage is a contract. It is also a contract that says they have worked together for all those years and yet if they happen to be a public school teacher, tough luck for that marriage contract. They do not benefit. They get punished because they worked as a teacher and they did not pay into Social Security, but their spouse did, their husband did. Again, we are talking about 80 percent of the public schoolteachers in Texas and I am sure nation-wide, and I am sure this is a nation-wide problem. It is just that Texas has found a way around it, and yet you are going to punish Texas, and yet Georgia and other States have the same problem. Almost all these people are eligible for Medicare through their husbands, but none of them are eligible for their spousal benefit because of the government pension offset. The GPO is wrong, and I would not be here today if we had a bill come out to deal with the GPO on a fair basis, the government pension offset; but we are not.
I do not want to keep this loophole. I want it to treat fairly all the government employees who are being treated badly, but it affects teachers because they are the most in population. It affects firefighters and police officers also; but after a lifetime of being underpaid and they depend on their husband's Social Security or widow's benefits if they pass away and yet we take it away, and it is just frustrating to see that happen and to punish people. Yes, in Texas we found a way to deal with this wrong and you are punishing teachers because we have dealt with it instead of dealing with it in Congress, and that is what is wrong.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
Mr. Speaker, I offer a motion to recommit.
Yes, Mr. Speaker.
Mr. Speaker, I know a lot of Members thought that last battle was just because of Texas teachers, firefighters, or police officers; and it is, but simply because Texas has found a way to deal with the government pension offset. Another State, Georgia, has tried and is doing the same thing.
We need to reform the government pension offset. A lot of Members have told me, we are going to vote for you, we are going to vote against you, but we need to reform it. This is what this motion to recommit says, to report back. It instructs the Committee on Ways and Means with instructions to report the same back to the House promptly with an amendment addressing the concerns of Federal, State, and local employees about the government pension offset under title II of the Social Security Act.
During the last 3 or 4 years, there have been bills introduced in this House that have been bipartisan. We have had at times 218 cosponsors of legislation to reform the government pension offset and have not had a hearing.
We have a bill right now, H.R. 594, that has at least 50 Republican cosponsors, and has about 175, and I think it has only been out for a few weeks for cosponsorship, to reform the government pension offset. This is our way to use our rules to be able to say to one of our committees, whether it is my Committee on Energy and Commerce or something else, to say we want to reform the government pension offset. That is why we want to send this bill back. They can reform it and send it back to us. That is what this is about.
If Members want to reform the government pension offset, if they want to take a benefit for not only teachers in Texas but teachers all across the country, Federal employees, military, because the government pension offset affects everyone who is a public employee, then we need to reform it. That is the job of our committee, the Committee on Ways and Means.
I would hope that Members would vote for this motion. That way, we would actually see this vote on the floor of the House that I have not seen until the last few weeks dealing with the government pension offset.
Mr. Speaker, I yield 1 minute to my colleague, the gentleman from Texas (Mr. Doggett).
Mr. Speaker, it is frustrating, because a lot of us have heard from our public employees across the country and in our districts. They are frustrated when they find out they get penalized, even though they did pay into Social Security. Or in the case of teachers in Texas who do not have the option because of their local school district decision, they do not even receive their widow's benefits without such a penalty. That is what is frustrating.
We need to reform the government pension offset. That is what the committee should do, and that is what this motion to instruct would do. I urge an ``aye'' vote.
Parliamentary inquiry, Mr. Speaker.
I do not know about a $3 bill, but maybe the Committee on Ways and Means could get one printed.
Mr. Speaker, it is my understanding that under our House rules that we are required to use the word ``promptly'' instead of ``forthwith'' because we now have had a budget resolution. I would ask, is that correct?
I withdraw the parliamentary inquiry, Mr. Speaker.
Mr. Speaker, I demand a recorded vote.
Mr. Speaker, pursuant to House Resolution 168, I call up the bill (H.R. 743) to amend the Social Security Act and the Internal Revenue Code of 1986 to provide additional safeguards for Social…
Mr. Speaker, pursuant to House Resolution 168, I call up the bill (H.R. 743) to amend the Social Security Act and the Internal Revenue Code of 1986 to provide additional safeguards for Social Security and Supplemental Security Income beneficiaries with representative payees, to enhance program protections, and for other purposes, and ask for its immediate consideration.
Mr. Speaker, I yield myself such time as I may consume.
This afternoon I am pleased to present to the House for its consideration the Social Security Protection Act of 2003, which is bipartisan legislation that fights fraud and abuse in Social Security programs.
First, this bill protects nearly 8 million beneficiaries who cannot manage their own affairs and rely on representative payees appointed by the Social Security Administration. It does this by raising payee standards and by imposing stricter penalties on those who mismanage the benefits they are entrusted to administer.
Second, this bill denies Social Security benefits to fugitive felons and probation and parole violators. Third, the Protection Act provides tools to further safeguard Social Security programs including new civil monetary penalties.
Finally, this bill helps people with disabilities by giving greater access to legal representation when applying for benefits by improving work incentive programs and by expanding eligibility for the Work Opportunity Tax Credit to encourage more employers to hire individuals with disabilities.
Despite the fact that a majority of the Members voted to pass this bill last month, the needed two-thirds approval
required under suspension of the rules was not achieved. That is because special interest groups betrayed Social Security and America's seniors to appease the few who believe they could get special treatment and be allowed to exploit an unintended loophole that presently exists in the law. These groups misinformed both public and the Congress by falsely claiming that teachers and other public servants who pay into a public employee pension plan instead of Social Security are being singled out for unfair treatment. According to the General Accounting Office and the Social Security Administration, these claims are false.
In fact, government workers who do not pay Social Security taxes receive higher spouse or widow benefits than workers who do, given equal retirement benefits from work. By taking advantage of the loophole, a select group of public employees receives full Social Security spouse and widow benefits that no other working spouse in America receives, including other teachers who pay into Social Security for their entire career.
I want to share this example provided by the Social Security Administration because it shows so well that assertions of targeting public servants for unfair reduction in spousal benefits are just simply incorrect.
As this placard will show, we are comparing two working couples, the Bakers and the Smiths. They have equal retirement benefits from their work. In both cases the husband receives a Social Security work benefit of $1,200 per month, and the wife receives $300 per month based on her work. They are equal in every way except that Mrs. Baker paid Social Security taxes and receives her benefits from Social Security, but Mrs. Smith paid into a public pension plan instead of Social Security and receives her benefits from that plan.
Both Mrs. Baker's and Mrs. Smith's spouse benefits are reduced. Mrs. Baker's spouse benefits of $600, which is one half of her husband's benefit amount, is reduced $1 for every dollar of her Social Security benefit, providing her with a $300 spouse benefit. Mrs. Smith's spouse benefit, also $600, is reduced $2 for $3 by her public pension benefit, providing her with a $400 spouse benefit.
The end result, Mrs. Smith's benefit is $100 higher than Mrs. Baker's, even though Mrs. Baker paid her whole career into Social Security. Clearly, Mrs. Smith is not being discriminated against because she paid into a public pension plan instead of Social Security.
Mrs. Smith has a twin sister, Mrs. Jones, who is also a teacher; but Mrs. Jones was a teacher in Texas who switched to a school cafeteria job on the last day and paid Social Security taxes in for that last day. Mrs. Jones has an advantage over every other working spouse in America. She receives both her worker's benefit and full spousal benefit. As a result her spousal benefit would be $300 higher than Mrs. Baker's and $200 higher than her twin's. Clearly, for someone who worked 1 day under Social Security, that is just plain unfair.
Every Member of Congress deeply appreciates the valuable contribution of teachers and public servants and all workers, whether they be in Texas, Georgia, Florida, or New York. However, no single group of workers should have an unfair advantage over workers in other school districts, in other pension systems, or all across this Nation.
We absolutely need a full discussion of all Social Security provisions affecting public employees, which is why the Subcommittee on Social Security will have a hearing on these issues and legislative opportunities in the coming weeks. While we want to make Social Security fair for all workers, we must take care not to worsen Social Security's already bleak fiscal picture or undermine the principle of Social Security as an earned benefit. It is an earned benefit. That would negatively affect both government workers and all Americans who depend on Social Security.
This bipartisan bill does the right thing and has the support of many organizations. It was developed using recommendations from and in cooperation with the Social Security Administration and the Social Security Inspector General. It is also supported by the AARP, Citizens Against Government Waste, the National Conference of State Social Security Administrators, the Consortium for Citizens with Disabilities, the National Alliance for the Mentally Ill, the Association of Administrative Law Judges, the National Organization of Social Security Claimants' Representatives, and numerous other national and local law enforcement agencies and organizations.
We should protect senior citizens from unscrupulous representative payees skimming off of the top. We should prevent fugitive felons and probation or parole violators from using Social Security dollars to finance their illegal activity. We should pass H.R. 743 to stop this fraud and abuse in Social Security and in the process save the taxpayers $655 million over the next 10 years.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume. Very, very briefly, what the gentleman from California said about people receiving bad information from the Social Security Administration is absolutely correct, and we are working on that. This came out at the hearing that we had, and this is something that our committee will be addressing.
Now, the reason that the correction, as far as the unfair benefits being paid out to people who never really paid into Social Security more than one day of their working life, that information did not come out from the General Accounting Office until after we passed our bill last June.
The Democrat-controlled Senate, however, did have the benefit of the General Accounting Office study when they passed their bill, and they passed it by unanimous consent and they attached this provision to it.
This is not a partisan issue. I understand the problems within certain States and those are only two States, by the way, Texas and Georgia. However, for the rest of this country, it is looking at Georgia and Texas as an unfair abuse of the Social Security system because of the inartful drawing of that one provision. This is what we are trying to correct here this afternoon.
Mr. Speaker, I would say to the gentleman from California (Mr. Matsui) that at this particular time I do not expect to use all of our time on general debate. We have already been through this on suspension. I would invite the gentleman to put a couple of speakers up at this time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. Brady), a member of the Subcommittee on Social Security.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I must say, and be sure that all the Members that are listening to this debate know, this debate has nothing to do with the Government Pension Offset that the last speaker was referring to. That particular provision has a price tag of $9 billion.
As chairman of the Subcommittee on Social Security, I would like to correct that, or at least go halfway towards correcting that. But part of my job as chairman of this subcommittee is also to protect the integrity of the Social Security program itself. To go off willy-nilly and start throwing dollars out means the demise of the Social Security system. It will come up short well before 2016, which is the day on which the cash coming into the system is not enough to pay the benefits. We have to be concerned about that.
We are going to have hearings on the Government Pension Offset, and try to find ways to pay for it. But we have to pay for it within the system. To do otherwise would be just plain reckless.
Mr. Speaker, I yield 3 minutes to the gentleman from Missouri (Mr. Hulshof), a distinguished member of the subcommittee.
Mr. Speaker, I yield 30 seconds to the gentleman from Missouri (Mr. Hulshof).
Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from Arizona (Mr. Hayworth), a distinguished member of the committee.
(Mr. HAYWORTH asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Herger), a member of the committee.
At this particular time I may close, depending on what I hear from the other side.
Mr. Speaker, I yield myself such time as I may consume.
(Mr. SHAW asked and was given permission to revise and extend his remarks, and include extraneous material.)
Mr. Speaker, I place in the Record a large number of letters in support from police groups, fire groups, AARP, and a number of other letters.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I claim the time in opposition, and I yield 7 minutes to the gentleman from Texas (Mr. Sam Johnson), a valuable member of the Subcommittee on Social Security of the Committee on Ways and Means.
Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. Thomas), the distinguished chairman of the Committee on Ways and Means.
Mr. Speaker, I yield myself such time as I may consume to comment that I think the gentleman is figuring that all those soldiers are going to come back to Texas. That is nonsense. This has nothing to do with our soldiers.
Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. Collins), a distinguished member of the Committee on Ways and Means.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would point out to the gentleman that if somebody is enjoying a private pension in the private sector, they also paid into Social Security, which is something that the teachers that the gentleman is referring to are not doing.
Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Brady).
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Missouri (Mr. Hulshof).
Mr. Speaker, I yield 30 seconds to the gentleman from Texas (Mr. Brady).
Mr. Speaker, I reserve the balance of my time to close.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, people watching this debate may have noticed that the only speakers in favor of the gentleman from Texas's amendment are Members from the State of Texas. We have seen even Jessica Lynch, an American hero who has just been freed as a prisoner of war, brought into this debate. Jessica is going back to West Virginia to teach, and she is not going to get this loophole. We need to wipe it out. It is unfair, and it is gaming the system.
We have heard about people in the private sector, employees of HMOs, employees of automobile companies and all, they do not have the pension offset. They do not have it because they paid into Social Security. Why should they have an offset if they have paid into Social Security?
We have heard about the soldiers coming home. What type of a desperate argument is this? This has nothing to do with the soldiers anymore than someone right now who is struggling to get through college to go to teach themselves. Ladies and gentlemen, I will tell it to the 48 other States other than Texas and Georgia that you would be giving public employees in two States an advantage that they do not receive in the rest of the country. You will be giving to these teachers and these firefighters something that their teachers and their firefighters will not have. This is basically unfair. We are going to correct it.
We have heard about the pension offset. All of us have been talked about that. Our Federal employees, our retired Federal employees, they have all been into our office talking about the pension offset. That is going to cost us $9 billion if we are able to do something with it, and I would like to address that; and Mr. Matsui and I have agreed to have hearings on it, and we are going to look to ways in order to try to do that, but that has nothing to do with this vote, absolutely nothing to do with it. This has only to do with a handful of public employees who are gaming the system in the State of Texas and even a smaller number in the State of Georgia. Vote ``no'' on the Green amendment. Vote ``yes'' on the bill. It is a good bill, and it is time that we clean this up.
Mr. Speaker, I demand a recorded vote.
Mr. Speaker, it is interesting, this is a good bill. I am frankly appalled that we have a situation where we have to fix the question of fugitive felons receiving Federal dollars, and I believe we…
Mr. Speaker, it is interesting, this is a good bill. I am frankly appalled that we have a situation where we have to fix the question of fugitive felons receiving Federal dollars, and I believe we should fix it. That is the point I rise to make, Mr. Speaker.
Forgive me for talking in a second-level voice, but this could have been a bill that all of us supported. My good friend from Arizona (Mr. Hayworth) stood a couple of years ago disagreeing with opposing the government pension offset. What we are trying to do is to fix it to make it work.
We offered, I understand, I am not on the committee but I understand that the gentleman from Connecticut's (Mr. Shays) legislation that could have fixed this question that we are concerned with about teachers and police and firefighters was offered in committee and was rejected along a party line vote.
Mr. Speaker, this is legislation that should be supported by all. We should have a 100 percent vote on the Green amendment, which I am supporting, for these teachers and widows that we are talking about. This is a simple amendment because what it does is this amendment works to correct the problem, and that is in 418.
This amendment is important to have. The legislation does nothing to remedy the GPO to make it fair to public servants. This amendment strips this one hidden offensive provision in this otherwise noncontroversial bill that deals with prohibiting a widow to be eligible for a pension based upon State, local, or Federal jobs, that is ridiculous, or requiring them to work an extra 5 years.
Now why, Mr. Speaker, we could not work together to ensure that we had a bipartisan bill. My voice is weak, it is broken, but I could not miss talking about this inequity.
Why are we here fighting about a bill that has some very good elements? Why are we here fighting over the Green amendment? It should be under unanimous consent, because it makes sense for people not just in Texas but in New York. And I think it is important, Mr. Speaker, to say here we go again, dividing unnecessarily along party lines on what is good for America. And frankly, I think we got a whole lot of work to do with our troops in Iraq in terms of benefits that they need and veterans benefits that they need and tax changes that they need. We could do this in a bipartisan way.
So I hope, Mr. Speaker, that we will find a way to unanimously support this Green amendment that will strike this language that puts elderly people back to work, and I hope we will find a way to correct this legislation so we have a bill that will have the support of all Members.
Mr. Speaker, I am saddened to have come to the floor today to speak out yet against H.R. 743. The Social Security Protection Act of 2003. This bill was broken last time it came up on the floor. Many public servants in our districts noticed that. We noticed it was broken and voted the bill down. But, here it is again--and it still has not been fixed. There is much good in this bill. If the Majority Leadership would take out the small error that will hurt our teachers and firefighters and police, this bill could be in front of the President soon. That would be a great service.
Social Security represents a covenant between the U.S. Federal Government and the American people. It is a promise that if a person works hard, and contributes into this investment program, that when it comes time for them to retire--their government will ensure that a fair benefit is there for them. It seems that too often, criminals take advantage of the trust between the Social Security Administration and the seniors and disabled Americans it serves. They misuse Social Security benefits. Such activity is worse than just stealing, because it threatens the confidence that the American people have in the government. That confidence is the foundation of our democracy.
So last Congress, I joined with every voting Member of this House in support of The Social Security Act of 2002. It was an excellent piece of bipartisan legislation, which would have made great strides towards cutting down on the abuse of the Social Security system. Most of the major provisions of that bill are reflected in the bill before us today, and I still support them. The bills would both protect Social Security recipients by mandating reissue of funds when their payments are misused. Representative payees who misuse a person's benefits would be forced to reimburse those funds, plus would be subject to fines of up to $5000 if they knowingly provided false or misleading information.
For further protection, representative payees for over 15 individuals would be required to be licensed and bonded, and would be subject to periodic reviews. The bills would allow the Commissioner to withhold benefits from fugitive felons, and persons fleeing prosecution. The bills also provide for numerous improvements to the present system, which would reduce fraud and abuse of the program.
The bill passed unanimously in the House last Congress, and similar legislation cleared the Senate. But unfortunately this important legislation got hung up at the end of last year. With such support and progress, this should have been an easy piece of work to get through this year, and a score for the American taxpayers. Instead, a wrench has been thrown into the works, through the addition of a small section that has provoked a deluge of phone calls into my office from, it seems like, every schoolteacher in my district.
The Texas branch of the American Federation of Teachers describes Section 418 as ``poison for Texas school employees.'' That section relates to the Government Pension Offset. At present, if an individual receives a government pension based on work that was not covered by Social Security, his or her Social Security spousal or survivor benefit is reduced by an amount equal to two-thirds the government pension. This provision of current law is called the Government Pension Offset (GPO). However, under the ``last day rule,'' an individual is exempt from the GPO if he or she works in a job covered by Social Security on the last day of employment.
Many school disticts offer teachers non-Social Security government pensions, so till now many teachers have been forced to take advantage of the ``last day'' loophole. Just before they retire, they get a job in a business with a Social Security pension for a day, in order to receive their deserved benefits. This is a ridiculous system, and the appropriate way to fix it would have been to repeal the GPO. In fact, I have co-sponsored H.R. 594 with my colleague from California, Buck McKeon, and 132 others to do just that.
Instead, the bill before us today closes the loophole. I am usually all for getting rid of loopholes, but now is no time to be ``sticking- it'' to teachers--just as we are trying to leave no child behind, just as we have a shortage of qualified teachers in many areas. This could drive many people away from careers in teaching.
For example, last month I received a call from one woman in my District who was a teacher earlier in her life. Her husband recently passed away and she has been contemplating going back into teaching. But she has been warned that she could actually jeopardize her financial future by going to work. As a widow, she will be entitled to her husband's social security benefits. However, if she starts to teach in a school district with a government non-Social Security pension, she could lose $360 per month in retirement benefits--over $4000 per year.
Why should she risk it? If H.R. 743 passed today, it won't be only she that loses. It will be our Nation's children who lose--an experienced, intelligent teacher.
The GPO issue needs to be addressed, but not today. Right now, we are giving money to criminals who are beating our system and undermining confidence in the future of Social Security and the government as a whole. We need to protect Social Security, and we need to do it soon. But I will wait until we can do it without attacking our teachers, and penalizing our children.
I will vote ``no'' on H.R. 743 unless the offending provision is taken out, and urge my colleagues to do the same.
Mr. Speaker, because I support teachers, firefighters, police, and the United States military, I rise in support of this amendment.
Mr. Speaker, the Social Security Protection Act of 2003 was broken last time it came up on the floor. Many public servants in our districts noticed that and called and emailed and faxed us. We in Congress realized indeed it was broken and voted the bill down. But, here it is again--and it still has not been fixed. There is much good in this bill. If the Majority Leadership would take out the small error that will hurt our teachers and firefighters and police, this bill could be in front of the President soon. That would be a great service.
I commend my colleague and neighbor from Houston for his work in addressing the needs of our teachers--who are some of the hardest hit-- in Texas. The Green Substitute will preserve all the good in the Social Security Protection Act, that so many of us have worked together in bipartisan fashion, to create. It will simply remove a single offensive provision, that was added in at the eleventh hour, and hits hard a group of people that I can't imagine anyone wanting to hit right now-- when we are trying to improve our schools, when we are trying to bolster our first response capabilities, and when economic uncertainty abounds.
The Government Pension Offset (GPO) reduces or eliminates a Social Security widow's benefit if the widow is eligible for a pension based on a state, local or federal job that was not covered by Social Security. The GPO affects many individuals, but is especially harmful for teachers, police officers, and firefighters, and is particularly burdensome for lower income workers and women. A provision in current law, however, allows some state and local government employees to escape the application of the GPO if they switch jobs at the end of their government careers.
It is sad that we make dedicated employees jump through such hoops to get the benefits they deserve. I would like to totally revisit the GPO, but know that today is not the day to do it. Today, the best we can do is to keep this small loophole open and allow good people to continue to go into public service. I usually appreciate closing loopholes, but this one is too valuable to our schools and first responders.
As it stands, H.R. 743 modifies the last-day-exemption clause by requiring public servants to work an additional five years in order to receive a full spousal benefit. This legislation does nothing to remedy the GPO to make it fairer for public servants. There are many people who are interested in going into public service as a second career, but may not be able to work and then switch employment for five years. These people may not then be able to afford to serve. This is ridiculous at a time when needs are so great in our society.
The Green amendment strips this one, hidden, offensive provision in this otherwise non-controversial bill. I urge my colleagues to support teachers, firefighters, police officers, and other public servants by supporting the Green amendment.
For example, last month I received a call from one woman in my District who was a teacher earlier in life. Her husband recently passed away and she has been contemplating going back into teaching. But she has been warned that she could actually jeopardize her financial future by going to work. As a widow, she will be entitled to her husband's social security benefits. However, if she starts to teach in a school district with a government non-Social Security pension, she could lose $360 per month in retirement benefits--over $4000 per year.
Why should she risk it? If H.R. 743 passes today as is, it won't be only she that loses. It will be our nation's children who lose--an experienced, intelligent teacher. The Green Substitute will allow her to help leave no child behind.
I will support the Green Substitute to H.R. 743, and urge my colleagues to do the same.
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I would like to commend my colleague from the State of Florida (Mr. Shaw), the Chair of the Subcommittee on Social Security of the…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to commend my colleague from the State of Florida (Mr. Shaw), the Chair of the Subcommittee on Social Security of the Committee on Ways and Means. We entered into a bipartisan discussion, and we have a bipartisan bill at this time.
The gentleman mentioned the Inspector General of the Social Security Administration. The Social Security Administration and the beneficiary community all came together last year to put this piece of legislation together. It was essentially the same bill that passed last year, and just 2 weeks ago it came again before the House Committee on Ways and Means and passed on a 35 in favor of to two against vote count. So this is a good bill. I hope we have final passage in favor of this piece of legislation.
I might just very briefly go over the points of the legislation. One, it deals with representative payees; and basically what this means is that when we have a person who is perhaps mentally disabled, a minor, or somebody who is a frail elderly, they may not be able to collect the benefits themselves or know how to handle their benefit, Social Security benefits, that is. So we have a representative payee that will take the money and make sure that proper accounting of the money is taken care of. Essentially in some cases we have had representative payees where they have actually absconded with the money. This would tighten up the laws on representative payees and, secondly, would make sure that beneficiaries are held harmless and receive the full benefits even when the representative payee takes the money from them. It also would provide a greater legal representation for SSDI recipients, those people that are seeking disability benefits under Social Security, by providing for greater legal representation by changing some of the requirements for lawyers under the Social Security Administration Act.
Lastly, it would deny benefits to fugitive felons. Right now under the law, through the quirk in the law, unfortunately, fugitive felons are able to receive Social Security benefits, and this would deny those benefits to fugitive felons.
There are a number of other technical provisions in the legislation. One area I might just spend a few moments on is the one that my colleague from Florida talked about, and that is the government pension offset issue. As the Members know, this legislation was passed in 1976. It did not take place until the mid-1980s. It was not fully put in place until the 1980s. It was basically to take care of the disparity where one of the spouses has two employments over a period of their lifetime of work, one in the local or State government and one in the private sector. So one would then be eligible for both Social Security benefits and also eligible at the same time for a government pension.
Under the law that currently is in place, a surviving widow or widower in this circumstance would have a reduction in their benefit level, depending upon the size of their pension. It was a law to try to correct an inequity. Unfortunately, the government pension offset has in some cases been fair but in many case has been unfair. One, many of the recipients do not know until actually their spouse dies that they are subject to that rule, in which case all of a sudden their lives have become totally disruptive. In fact, we
have calculated, and studies have shown this, that when one spouse dies, it still requires 80 percent of the former income that the couple had in order to live comfortably, and this in many cases drops that income level down to 30 or 40 percent of what they received when they were both alive. So there is a problem with this piece of legislation.
What the gentleman from Florida (Mr. Shaw) and I have attempted to do was strengthen the potential loopholes that some call it loopholes and some say it is only a way to make sure their benefits are collected properly.
The gentleman from Florida (Mr. Shaw) has indicated that he intends to hold hearings on the government pension offset issue, and we really appreciate that because I believe that some action should be taken in this Congress on that issue.
Obviously, we cannot reinstate full benefits, but perhaps there is some way we can at least help these recipients that are subject to this rule so that they will be able to continue on when one of the spouses passes away.
It is, however, a situation now where some of my colleagues feel that they have a problem with this particular provision. This provision was not in the bill last year to close this provision on the government pension offset; it was added to the bill in this Congress, and many of my colleagues have questions about it.
It would have been my hope that we would have dealt with this issue and the larger issue of trying to deal with the government pension offset, because in this situation it would put pressure on all of us to try to deal with this comprehensively. But we do have it before us at this time, and as many of us know, the gentleman from Texas (Mr. Green) will have an amendment in which he will move to strike that one provision out of this legislation.
I intend to support his motion to strike this by way of an amendment but, at the same time I would hope that my colleagues on both sides of the aisle would support the final passage of this legislation, because it is a good bill and certainly we do believe that the other provisions of this legislation must move forward.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Texas (Mr. Green).
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from California (Mr. Becerra), a member of the Committee on Ways and Means.
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Texas (Mr. Rodriguez).
Mr. Speaker, I yield 4 minutes to the distinguished gentleman from Texas (Mr. Doggett), a member of the Committee on Ways and Means.
Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, I would like to just make a couple of observations, if I may. I appreciate the Chair of the subcommittee on Social Security of the Committee on Ways and Means, his discussion.
I just want to point out, the President had said during the campaign of 2000 that he wanted to reform Social Security. He came up in 2001, December of 2001, with a commission report and three recommendations all dealing with privatization of Social Security. The gentleman himself has come up with a privatization plan. We still have not seen Social Security reform in the committee, nor have we seen it on the floor of the House.
Initially, I was hoping to take care of the GPO under Social Security reform. Obviously, we cannot do it because there is no intention of bringing Social Security reform to the House floor until after the 2004 election, after the President presumably is reelected. So it is unfortunate we have to deal with this issue now.
I also want to say that with respect to the gentleman from Texas (Mr. Doggett), he was trying to deal through the whole issue of corporate shelters with things like the Bermuda inversion issue, in which companies in the United States went offshore in order to avoid U.S. taxes, thereby increasing taxes for individual citizens. These are the things that he has been working on.
Lastly, this is about the government pension offset, to a large extent; it is not about loopholes. The reason I say this, just 3 weeks ago the gentleman voted, the gentleman who just spoke voted in committee on a piece of legislation actually in which we were going to try to give benefits to our young men and women overseas, in the Persian Gulf at this time, by adding little provisions like eliminating taxation on foreigners who actually bet on U.S. gaming and horse races.
These are the kinds of things that are real loopholes. These are the things that are loopholes. These are ordinary citizens who are just trying to deal with their own livelihood when one of their spouses dies.
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Doggett).
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from the State of Maine (Mr. Allen).
Mr. Speaker, I yield 2\1/2\ minutes to the distinguished gentlewoman from the State of Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 2 minutes and 10 seconds to the distinguished gentleman from the State of Texas (Mr. Hinojosa).
If the Speaker may inquire whether the gentleman from Florida (Mr. Shaw) has any further speakers?
Mr. Speaker, how much time remains?
Mr. Speaker, I yield 3 minutes to the gentleman from the State of Texas (Mr. Green).
Mr. Speaker, I yield myself the balance of my time.
This is a good bill. I want to commend the gentleman from the State of Florida, the Chair of the subcommittee. We put together a bipartisan bill. Obviously with the Social Security Administration, with the beneficiary groups and certainly with the Inspector General's office, and certainly this is a good piece of legislation.
I hope that each of my colleagues, as I, will vote for final passage of this legislation. Obviously, we do have one controversy here, and it is the government pension offset issue; and the gentleman from Florida has indicated he
will address this issue through a hearing of the subcommittee sometime in the near future, I believe after the April recess; and so I look forward to working with him with the idea of perhaps given the time constraints and other problems that we might have that we can really address this issue in a comprehensive way.
I do hope that there will be some way that we can vote in favor of the gentleman from Texas's (Mr. Green) amendment when it is offered in about 40, 45 minutes because I think that will keep the pressure on the institution, both bodies and the executive branch of government, to address this issue.
There is no question that many people are caught unaware when one spouse dies that they did not know about the government pension offset. It results in a reduction of their level of income by 40, 50, even in many cases 60 percent, and secondly, we do have to deal with the inequalities of the proposal. There is no question that in some cases it does actually help and it creates inequality in terms of people that have multiple jobs.
On the other hand, it does create some inequality, and as a result of that, we really need to address this issue in a comprehensive way; and given the fact we probably will not deal with Social Security reform in this Congress, it is incumbent on us at least to address this issue and perhaps a few other issues, as well, as long as they are not extremely costly.
Mr. Speaker, I urge a ``yes'' vote on final passage, a ``yes'' vote when the gentleman from Texas (Mr. Green) offers his amendment.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I thank the gentleman from Illinois and the gentleman from South Dakota for their support for this resolution. The entire Massachusetts delegation appreciates the recognition which these…
Mr. Speaker, I thank the gentleman from Illinois and the gentleman from South Dakota for their support for this resolution. The entire Massachusetts delegation appreciates the recognition which these couple of days have played in the history of our country, and over in the Senate, Senator Kennedy was able to pass the identical resolution, because it does mean a lot to Massachusetts and to Maine, as both States celebrate this day as a holiday. But it also means a lot to our country, because it was a shining moment in the history of the United States, because it was the beginning of the most enduring, free, and democratic experiment in the world. These were, after all, Minutemen, people who left their homes to fight an enemy from abroad, much like our Army reservists, our National Guardsmen are doing right now. These are the original Minutemen, the original guards, the original militia that fought to protect our country.
On April 19 in 1775, the American colonists in Lexington, in Concord, in Medford, in Arlington, in Lincoln, and in ``every Middlesex village and town rose'' up to claim their inherent right to govern themselves, free of the whims of the English king.
While this day is already celebrated as a State holiday in both the Commonwealth of Massachusetts and in the State of Maine, and the national significance of the events surrounding the ``shot heard 'round the world'' is unquestioned, the recent establishment of a national day of remembrance on September 11 as ``Patriot Day'' has understandably confused some Americans regarding ``Patriots' Day'' in April.
Today's resolution helps remind everyone that while we now observe a solemn moment in our country's history every September 11 in honor of the victims of that terrorist attack, the freedoms which we cherish had their origins more than 2 centuries ago. And the legacy of those fateful spring days in April of 1775 define the core of our American character.
The words are etched into the brains of every American school child and they resonate still:
``One if by land, 2 if by sea! Listen, my children, and you shall hear of the midnight ride of Paul Revere. Here once the embattled farmers stood and fired the shot heard 'round the world.''
It is the foundational poetry of a free people, the remembrance of our roots, and it is the inspiration for the annual proclamation of Patriots' Day, both in Massachusetts and Maine, and similar observances in many other States as the schools, historical societies and other organizations devoted to the living memory of American milestones make a special effort to relearn the lessons of the past as a guide to an uncertain future.
So today, we ask the House of Representatives to unite in celebration of Patriots' Day, a day of soaring significance not just to our own free people, but to people everywhere who aspire to a system of government that respects the rights and the liberties of all of its citizens.
Mr. Speaker, I will include for the Record at the conclusion of my remarks the poem ``Paul Revere's Ride'' by Henry Wadsworth Longfellow and ``The Concord Hymn'' by Ralph Waldo Emerson. First, I would just carry on a little bit further than the gentleman from Illinois (Mr. Davis) did with his reading of ``Paul Revere's Ride,'' although I will not read it in its entirety. His voice is something that I think does greater justice to the poem than I could possibly hope to attempt, but I will very briefly just remind people of that great poem.
Listen my children and you shall hear
Of the midnight ride of Paul Revere,
On the 18th of April, in seventy-five;
Hardly a man is now alive
Who remembers that famous day and year.
He said to his friend, ``If the British march
By land or sea from the town to-night,
Hang a lantern aloft in the belfry arch
Of the North Church tower as a signal light,--
One if by land, two if by sea;
And I on the opposite shore will be,
Ready to ride and spread the alarm
Through every Middlesex village and farm,
For the country folk to be up and to arm.
So through the night rode Paul Revere, and so through the night went his cry of alarm to every Middlesex village and farm; a cry of defiance and not of fear; a voice in the darkness, a knock at the door, and a word that will echo forevermore.
For born on the night wind of the past, through all of our history to the last, in the hour of darkness, in peril and need, the people will wake and listen to hear hurrying hoofbeats of that steed and the midnight message of Paul Revere.
This was the beginning of our country, and it is appropriately commemorated both by the celebration of Patriots' Day and by this resolution today.
I thank the gentleman from Illinois (Mr. Davis) for his work, and I thank the gentleman from South Dakota (Mr. Janklow) once again for his eloquent words on this subject.
I include for the Record the poems ``Paul Revere's Ride'' by Henry Wadsworth Longfellow, and ``Concord Hymn'' by Ralph Waldo Emerson.
The poems referred to are as follows:
Paul Revere's Ride
(By Henry Wadsworth Longfellow)
Listen my children and you shall hear
Of the midnight ride of Paul Revere,
On the eighteenth of April, in Seventy-five;
Hardly a man is now alive
Who remembers that famous day and year.
He said to his friend, ``If the British march
By land or sea from the town to-night,
Hang a lantern aloft in the belfry arch
Of the North Church tower as a signal light,--
One if by land, and two if by sea;
And I on the opposite shore will be,
Ready to ride and spread the alarm
Through every Middlesex village and farm,
For the country folk to be up and to arm.''
Then he said ``Good-night!'' and with muffled oar
Silently rowed to the Charlestown shore,
Just as the moon rose over the bay,
Where swinging wide at her moorings lay
The Somerset, British man-of-war;
A phantom ship, with each mast and spar
Across the moon like a prison bar,
And a huge black hulk, that was magnified
By its own reflection in the tide.
Meanwhile, his friend through alley and street
Wanders and watches, with eager ears,
Till in the silence around him he hears
The muster of men at the barrack door,
The sound of arms, and the tramp of feet,
And the measured tread of the grenadiers,
Marching down to their boats on the shore.
Then he climbed the tower of the Old North Church,
By the wooden stars, with stealthy tread,
To the belfry chamber overhead,
And startled the pigeons from their perch
On the sombre rafters, that round him made
Masses and moving shapes of shade,--
By the trembling ladder, steep and tall,
To the highest window in the wall,
Where he paused to listen and look down
A moment on the roofs of the town
And the moonlight flowing over all.
Beneath, in the churchyard, lay the dead,
In their night encampment on the hill,
Wrapped in silence so deep and still
That he could hear, like a sentinel's tread,
The watchful night-wind, as it went
Creeping along from tent to tent,
And seeming to whisper, ``All is well!''
A moment only he feels the spell
Of the place and the hour, and the secret dread
Of the lonely belfry and the dead;
For suddenly all his thoughts are bent
On a shadowy something far away,
Where the river widens to meet the bay,--
A line of black that bends and floats
On the rising tide like a bridge of boats.
Meanwhile, impatient to mount and ride,
Booted and spurred, with a heavy stride
On the opposite shore walked Paul Revere.
Now he patted his horse's side,
Now he gazed at the landscape far and near,
Then, impetuous, stamped the earth,
And turned and tightened his saddle girth;
But mostly he watched with eager search
The belfry tower of the Old North Church,
As it rose above the graves on the hill,
Lonely and spectral and sombre and still.
And lo! as he looks, on the belfry's height
A glimmer, and then a gleam of light!
He springs to the saddle, the bridle he turns,
But lingers and gazes, till full on his sight
A second lamp in the belfry burns.
A hurry of hoofs in a village street,
A shape in the moonlight, a bulk in the dark,
And beneath, from the pebbles, in passing, a spark
Struck out by a steed flying fearless and fleet;
That was all! And yet, through the gloom and the light,
The fate of a nation was riding that night;
And the spark struck out by that steed, in his flight,
Kindled the land into flame with its heat.
He has left the village and mounted the steep,
And beneath him, tranquil and broad and deep,
Is the Mystic, meeting the ocean tides;
And under the alders that skirt its edge,
Now soft on the sand, now loud on the ledge,
Is heard the tramp of his steed as he rides.
It was twelve by the village clock
When he crossed the bridge into Medford town.
He heard the crowing of the cock,
And the barking of the farmer's dog,
And felt the damp of the river fog,
That rises after the sun goes down.
It was one by the village clock,
When he galloped into Lexington.
He saw the gilded weathercock
Swim in the moonlight as he passed,
And the meeting-house windows, black and bare,
Gaze at him with a spectral glare,
As if they already stood aghast
At the bloody work they would look upon.
It was two by the village clock,
When he came to the bridge in Concord town.
He heard the bleating of the flock,
And the twitter of birds among the trees,
And felt the breath of the morning breeze
Blowing over the meadow brown.
And one was safe and asleep in his bed
Who at the bridge would be first to fall,
Who that day would be lying dead,
Pierced by a British musket ball.
You know the rest. In the books you have read
How the British Regulars fired and fled,--
How the farmers gave them ball for ball,
From behind each fence and farmyard wall,
Chasing the redcoats down the lane,
Then crossing the fields to emerge again
Under the trees at the turn of the road,
And only pausing to fire and load.
So through the night rode Paul Revere;
And so through the night went his cry of alarm
To every Middlesex village and farm,--
A cry of defiance, and not of fear,
A voice in the darkness, a knock at the door,
And a word that shall echo for evermore!
For, borne on the night-wind of the Past,
Through all our history, to the last,
In the hour of darkness and peril and need,
The people will waken and listen to hear
The hurrying hoof-beats of that steed,
And the midnight message of Paul Revere.
Show 8 more
Mr. Speaker, I would like to claim time in opposition, please. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to this legislation with mixed feelings,…
Mr. Speaker, I would like to claim time in opposition, please.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to this legislation with mixed feelings, because the need for environmental remediation along the border is extraordinary; and I wish to express my deepest respect for my colleagues, the gentlewoman from Illinois (Mrs. Biggert), the gentleman from Nebraska (Mr. Bereuter), the gentleman from Texas (Mr. Gonzalez), the gentleman from Texas (Mr. Hinojosa), and those who have worked to bring this matter to the floor.
I rise in opposition because I really do not believe this should come to us under a suspension. I think that the issues concerning us all out of NAFTA, and NADBank in particular, deserve the full engagement of this Congress. And I think Members should pay attention to this legislation that was brought up very quickly and out of a single committee, a committee on which I do not serve, and this is my only way of informing the membership of issues at stake relating to NADBank and adjustment to NAFTA.
As an appropriator in this Congress, I have to express the view that NADBank in and of itself deserves a very, very close look by Congress because if we look back to NADBank's establishment, it had a very curious beginning. It existed only as a side agreement that was tacked on to the original NAFTA trade agreement that was passed by a narrow margin here in Congress in 1993.
NADBank was sort of an afterthought. I can remember the gentleman from California who helped negotiate it, but it never had a separate debate in this Congress. Its functions, its operations have never been separately debated here, and now we are asking for amendments to something we have never had a full debate on in this Congress.
NADBank's shortcomings are vast, and it operates in a most unusual and atypical fashion, outside the normal jurisdictions of our Committee on Appropriations. The gentlewoman from Illinois (Mrs. Biggert) mentioned it has a half a billion dollars of capitalization. Some of it came from the general revenues of the United States, the people of our country, and the remainder from the people of Mexico; but even though it has a half a billion dollars of capitalization, it comes in the form of several pieces that wash through various appropriations subcommittees. It has no real home. Some might say its jurisdiction is segmented. Others might say it truly is haphazard and hard to get your arms around. The American people deserve better.
Indeed, NADBank operationally as a bank is a moving target, looking for a home in the Federal Government. It technically resides in the Department of Treasury. Yet its loan and grant authorities float mysteriously between the U.S. Department of Agriculture, the Small Business Administration, and a growing role for the Environmental Protection Agency, EPA, which all manage to somehow, in ways unknown to Congress, subsidize the activities of NADBank.
What we do not know about NADBank far surpasses what, in fact, any individual Member of Congress might know. I know that Members who live along the border have a horrible environmental problem that they are dealing with. I have seen the cesspools being created by industrial production and agricultural production with no funds for environmental remediation.
We tried to build environmental provisions into the original NAFTA. They were rejected. They were rejected and now, with the billions of dollars of commerce occurring across the border, who is being asked to pay for the environmental remediation? Not the companies creating the damage, but the taxpayers of the United States of America.
This is a chart showing the trade deficit with Mexico. Before NAFTA's signing, we had a positive balance with Mexico, both ways. Since NAFTA's passage, every single year we have moved as a Nation into deeper and deeper trade deficit with the nation of Mexico, as well as Canada. We have lost over three million jobs in this country due to NAFTA; and the people of Mexico have had their wages cut in half, and now 250 million jobs in northern Mexico and those maquiladoras are moving to China where the wages are even cheaper.
We ought to revisit NAFTA. It is 10 years since its passage and millions and millions of people are being harmed. Indeed, the most harmed, in my opinion, are the peasants coming off the ejido system in Mexico who have no voice and no representation, and they deserve it in this highest Chamber of our government.
NADBank should realistically deal with these adjustments and it does not. We should not just have a suspension bill that deals with two or three small provisions. We should deal with the fundamentals of this agreement and the giant holes that are in it.
In the United States, in a State like my own--and here is a current chart of this showing our unemployment--the dark green covers counties in our State with the highest rates of unemployment. One of the five top States in the
Union to lose jobs because of NAFTA, most recently Dixon Ticondaroga Pencil and Crayon Company in Sandusky, Ohio, and also Phillips Electronics, in Ottawa, Ohio, over 2000 more jobs have relocated to Mexico.
We know a lot about NAFTA and its impact, and yet we look at the NADBank regulations and which counties have they helped with all the job loss in Ohio? Well, they picked one here and they picked one here and they picked one here to try to give a minimal amount of assistance. But there is no regularity, frankly no real help. NAFTA's NADBank has no regularity with which it deals with the huge job loss that these trade deficits represent.
The bill that is before us expands the area of eligibility for NADBank, as my colleagues rightly wish to do, by about 200 additional kilometers down into Mexico. But it does absolutely nothing to provide support to the thousands of communities across our Nation that have also lost jobs to Mexico.
My problem is NADBank's reach is not great enough. In fact, the part of the bank with the least staff and support, called CAIP, C-A-I-P, the Community Adjustment and Investment Program, has just experienced the resignation of its director and the Bush Administration has proposed no funding for future grants.
As an appropriator, I want to help the NADBank for all of America. NADBank will not let me help it, and this debate will not let me find an appropriate way in which to pay for the adjustment that is so essential not just in Ohio but in California, in Tennessee, Oregon, south Florida and so many other places that have lost jobs because of
Mr. Speaker, will the gentleman yield?
Mr. Speaker, I really appreciate very much appreciate the gentleman yielding just for a question.
It is my understanding that the Community Adjustment and Investment Fund, CAF, which is within NADBank, is basically zeroed out in this proposal, which means that it will have no money. And this is the portion of the bank that deals with loans and grants to the nonborder regions.
Could someone please clarify for me whether my understanding is correct? And I thank the gentleman for yielding.
Mr. Speaker, I yield 5 minutes to the distinguished gentleman from California (Mr. Filner).
Mr. Speaker, I yield 30 seconds to the distinguished gentleman from California (Mr. Filner), who is such an expert on this.
Mr. Speaker, I yield myself such time as I may consume.
I thank my colleagues, particularly those along the border, for engaging in this debate today. I would just like to place on the Record information from the Community Adjustment and Investment Program headed in San Antonio, Texas, from NADBank that says Congress has zeroed out future funding for the Community Adjustment and Investment Program. The Bush budget contains no money, no appropriated dollars for the program to help in the nonborder areas of the United States.
I would beg my colleagues who are supporting this, please look beyond just the border and even for the border, recognize who is making the pollution and who should pay for it. But please do not disenfranchise communities across our country that are losing jobs.
I will end with this story. One of the companies that has just left my district in Sandusky, Ohio, Dixon Ticonderoga, one of the workers just committed suicide. The head of that company called me and said, Congresswoman, we're going to leave you a building, an empty hulk. I said, well, sir, all I've got is NADBank. So I called NADBank about 2 weeks ago and I said, they're leaving us an empty hulk. What can we do with a loan or grant program to create something, some type of economic activity inside that building? And the answer was, We have no funds. So we are talking here about only one square on a very large board.
I urge my colleagues to please withdraw this bill today. Let us work together and put language in there that helps all of the United States and all of North America, all of North America that has been so badly harmed by NAFTA, including agricultural adjustment provisions, so that no Mexican worker will die in this country because there is not a labor registration system across this continent that gives them the dignity of a work card where they cannot be bonded and sold by those coyotes all across this continent. There are huge problems that NADBank could be the vehicle to solve. Please vote ``no,'' or withdraw this bill today in order that we bring something back to this Congress that can help us perfect an agreement that is badly flawed.
Mr. Speaker, I support this bill. Let me address my remarks toward the teacher loophole portion of this, because this is what we are discussing the most. I admire teachers. They are hardworking and…
Mr. Speaker, I support this bill. Let me address my remarks toward the teacher loophole portion of this, because this is what we are discussing the most.
I admire teachers. They are hardworking and incredibly dedicated, as we all know. They are my friends, my sister-in-law, and my next-door neighbor, literally. But keeping open the Texas teacher loophole is terribly unfair.
The loophole practice was first reported to the fraud hotline of Social Security a few years ago. A subsequent investigation by the General Accounting Office followed and, upon their finding that millions of dollars were being siphoned from Social Security, the recommendation was made to Congress to close it. The Senate voted 99 to 0 to close it. But that is why we are here today in the House, to preserve the integrity of Social Security.
This is how the loophole works in Texas, in my State. Teachers in the State retirement system do not pay into Social Security. They have opted out. They pay instead into a substitute retirement plan, the teacher retirement system of Texas. As they near retirement, a Texas teacher resigns from her school district. She pays then another school district that is in Social Security; she pays them between $200 and $500 to work for them 1 day, in the cafeteria, doing maintenance, or as a clerical aid. Typically, for that 1 day of work, the teacher contributes $3 into Social Security and thanks to the loophole, collects nearly $100,000 in Social Security benefits over her retirement. That is $3 into Social Security, $100,000 taken from Social Security. This is terribly unfair. It is unfair to all of the teachers in other States who have no loophole. It is unfair to all the working families in Texas, in America, who have no loophole, including our soldiers overseas; and it is certainly unfair to our elderly who, even if we close the loophole today, will see $450 million drained from their Social Security Trust Fund.
On the Web site for the Texas Federation of Teachers, their President, John Cole, describes the loophole as a trick and proudly proclaims the gimmick is perfectly legal. The gimmick is perfectly legal.
Well, the gimmick may be legal, but is it right? Virtually no other worker in Texas or America can take a job in a school cafeteria for a day, contribute $3 into Social Security, and walk away with nearly $100,000 more than their next-door neighbor. How do we justify this? We would not allow someone to spend 1 day as a substitute teacher and take home $100,000 in teacher retirement, so why would we allow a teacher to work 1 day in Social Security and take home $100,000 they did not earn?
Alarmingly, this 25-year-old obscure loophole just recently discovered is now being institutionalized. In Texas, in my home State, teachers groups regularly hold retirement seminars to instruct their members on how to take advantage of the loophole. Some school districts make as much as $280,000 a year. That is a quarter of a million dollars a year, charging fees to teachers to work for them for just a day. During the General Accounting Office investigation, they even discovered one Texas university has gone so far as to regularly schedule 5 days per year where university professors can work their last day as a janitor under Social Security, contribute $3, and receive an extra $100,000. That is $100,000 that university professors in other States cannot earn, because they do not have a loophole. And it is $100,000 the janitor they worked alongside of cannot earn either, because they do not have a loophole.
We are not going to create two classes of citizens in America, those who have loopholes and those who do not. Congress has a clear choice. We can keep open this lucrative loophole for a few that is draining $450 million from everyone else's Social Security, or we can stand up for our seniors, stand up for our elderly, stand up for the 99 percent of America's workers who are playing by the fair rules.
If we insist on keeping this loophole open, Congress, I think, has forfeited any future credibility to claiming to protect Social Security for our seniors. We will rightly be labeled hypocrites.
What can we do to help our teachers, but still be fair to America? The question has been raised today, and it is a fair one. I am convinced the answer lies in repeal or at least modification of the windfall elimination provision, which docks workers who have earned both the Social Security retirement and the government pension. I think the principle we should be applying is this: if you have earned two pensions, you should receive two pensions.
I have asked the chairman of the Subcommittee on Social Security, the gentleman from Florida (Mr. Shaw), to hold hearings on the windfall provision; and he has agreed. I appreciate his willingness to promptly study the impact and fairness of the windfall provision as it relates to today's retirees.
I think we will find when we do study it, and I am in total agreement with
our teachers on this, that the windfall makes it much more difficult to recruit into teaching the professionals who have had other careers. I think it penalizes educators who held a second job in order to make ends meet. Teachers tell me this would go a long way towards helping them. And best of all, it is not a gimmick. It is fair for them, and it is fair to the rest of America.
I urge the House to pass H.R. 743 without amendment. We must not allow our precious Social Security to be drained away; and most importantly, we cannot create two classes of citizens in America, those who have loopholes and those who do not.
Mr. Speaker, there is a great deal of misinformation being spoken today. This has nothing to do with our soldiers overseas, because they do not have a loophole; or our firefighters or police officers, because they do not have a loophole. This does have a lot to do with the widows in America who do not have a loophole and are losing $450 million of their Social Security because one group has a loophole that no one else in America has.
Let us look at the average family in Texas because we have heard a lot of these examples. This is where the husband has made $1,000 a year as his retirement and the wife's retirement is $700. When he passes away, what happens? For almost everyone in America where both people work in Social Security, that benefit is $1,000. For other families that work and have a government pension, like our firefighters and policeman, or Federal workers, for example, who paid into their own private plan, they keep more, $1,233. They get more than most families in America.
But look at our Texas teacher. Because we have a loophole where they can go to work 1 day in Social Security and contribute $3 and collect over $100,000 more, they pull down $1,700 a month for widow's benefits that no one else in America can achieve. Not other teachers in other States, not the elderly in other States, no one in America. And because of this, this is draining not just $450 million now, but if we keep this loophole open, we will do more and more damage to everyone else in America who pays into Social Security.
Let me make a final point about this. Everyone's Social Security is offset. Members have what is called a dual-entitlement offset. That is 100 percent. Government workers is less, only 66 percent, two-thirds. Texas teachers, no offset whatsoever, so they receive many more benefits than the next-door neighbor who works hard, than Texas nurses, store clerks, the woman who takes care of our elderly in nursing homes, they do not have a loophole.
We are not going to have an America where there are two classes of citizens, those who have loopholes in Social Security and those who do not. This is about protecting the integrity of our Social Security system for every generation. If we do not close this loophole, we have lost all claim to protecting Social Security for the future.
Mr. Speaker, others may not like the facts either. My younger brother has been deployed as an Army medic in the 67th Brigade. He will be watching out for the 4th Infantry Division in the Persian Gulf, his second tour of duty. He does not have a loophole. He cannot work 1 day and collect $100,000. Yes, he has an offset like the rest of America has an offset. When we hear this said no one else has an offset, it is absolutely untrue. What we are trying to defend here is some of America that has a loophole and all the rest of us, firefighters, widows, the elderly have no loophole. We are protecting the security of Social Security.
What a truly disappointing presentation. Mr. Speaker, this is not about ``gimmicks,'' and it is not really even about Texas teachers. It is about whether this Congress will have on the floor of the…
What a truly disappointing presentation. Mr. Speaker, this is not about ``gimmicks,'' and it is not really even about Texas teachers. It is about whether this Congress will have on the floor of the House its first ever vote in recent memory on correcting the Government Pension Offset and Windfall Elimination Provision.
Last year, when the constituents of the gentleman from Texas (Mr. Brady) contacted him about this, he said that these provisions seemed to be ``most unfair.'' He pointed out, quite correctly, that ``about 40 percent of the total number of affected beneficiaries are widows and widowers''; that ``240,000 affected beneficiaries are women.''
I think that we need an opportunity in this Congress to address the Government Pension Offset. When the gentleman from Florida (Mr. Shaw) released the GAO report to which he has referred today, although he and the gentleman from Texas (Mr. Brady) use terms like ``fraud'' and attack the professional associations of our teachers in Texas, although he even has the audacity today to invoke our soldiers overseas against our police officers and our firefighters and teachers who deserve a GPO correction, when the gentleman from Florida (Mr. Shaw) introduced the GAO report, he said ``The apparently growing use'' of what he calls a loophole ``is only a symptom of general concern about whether the GPO itself is fair. . . . That is why my plan . . . would reduce the Government Pension Offset.'' [Aug. 15, 2002 press release]
His plan that he refers to is the one that he and the gentleman from Texas (Mr. Brady) voted against when we presented it in the Committee on Ways and Means. It is the plan which the Committee on Rules made out of order today. Not Texas teachers, not ``gimmicks,'' not the Texas Federation of Teachers, but police officers in New York City and firefighters in San Francisco, and everyone in between who has been a public servant and who has suffered as a result of this Windfall Elimination Provision, they are the ones that they are standing against today.
``GPO'' stands for ``Government Pension Offset.'' It cuts into the retirement security of dedicated public servants, like firefighters, police officers, and teachers who provide us physical and economic security and who need retirement security. ``GPO'' really means ``gouge police officers,'' and it gouges our teachers and firefighters seeking their well-earned retirement security.
GPO also stands for ``good photo opportunity.'' That is what is involved here. Whether it is police officers, firefighters, or teachers, Members are eager to stand with them and get their picture taken. But when it comes time to vote with them and protect their retirement security, they come up with one excuse after another.
This provision dealing with the self-help provisions that Texas teachers have used, and used in accordance with the letter of the law as written, specifically as written by this Congress, was buried on page 70 of the original bill. They did not even have the courage to bring it up for a vote in the committee at that point, or to wait until our Texas teachers could be here.
An apt analogy to what is happening here today is to find oneself driving down a highway and seeing a senior citizen, a retired teacher, pulled off along the side of the road with a flat tire.
The reaction of most folks is to stop and help. Well, the Congress comes along and it stops to help. It tells the retirees, ``You cannot fix this problem yourself,'' the way our Texas teachers have done, ``that is our job.'' Then, while the senior waits for help, the Congress gets back in the car and drives off, leaving them stranded beside the road.
That is exactly what has happened here as this Republican Congress refuses to address the problem that our Texas teachers and our firefighters are rightly concerned about. Instead, they pick up a tire iron all right, but they are using it on our retirees, not the flat.
The GPO bills introduced and never set for a hearing or never voted on will never provide retirement coverage, only political coverage. When Members pose with public servants for a good photo opportunity, a ``GPO,'' they hope those employees will not notice that: When they smile, the real message is, ``I am standing with you, but I am not voting with you.''
Mr. Speaker, I am so pleased that the last speaker raised this issue of corporate loopholes, because it is the same crowd that stood in the Committee on Ways and Means repeatedly and on the floor of this House and has defended corporations that renounce their citizenship and head off for tax havens like Bermuda. They say that this is fine, that this is legal, and that we do not need to do anything about it.
As to the Government Pension Offset and the issue of the alleged ``loophole'' in Texas, what the gentleman failed to mention is that we offered in committee to close the alleged ``loophole'' for Texas teachers, but to do it in connection with reforming the GPO problem that they have consistently refused to correct all this time. Fix the two together.
We make them that same offer today. This is not about gimmicks in Texas, it is about people that file bills, as the gentleman from Florida (Mr. Shaw) has done, that they never intend to move through the Congress; file bills they do not even get a hearing on, and say they are on the side of the firefighters, police officers, and teachers while doing nothing for them.
Mr. Speaker, about 200 of us have regularly signed on as cosponsors to the legislation of our colleague, the gentleman from California (Mr. McKeon), to repeal the Government Pension Offset. In the Committee on Ways and Means, a more modest proposal would simply cut the government pension offset in half. It is authored by the gentleman from Florida (Mr. Shaw) and was joined by a number of Republicans on that committee.
In the committee, we sought not to leave some special provision that Texas teachers have used to protect themselves. We said instead, ``solve that problem.'' We did not use our language to correct the government pension offset; but we took verbatim the language of the gentleman from Florida (Mr. Shaw), his words, joined by four or five Republican members of the Committee.
This motion would permit us to go back and get the correction that all of us have said we want. I do not believe those who suffer from this offset want merely a promise in every pot. They do not want just a committee hearing; they want action. With this motion to recommit, we would get that action and get it promptly for all the firefighters, police officers, and teachers in all the 50 States who deserve to have that done.
Mr. Speaker, I am not opposed to H.R. 254. So it is my understanding that my colleague from Ohio would then be controlling the entire 20 minutes in opposition. Mr. Speaker, I yield myself such time…
Mr. Speaker, I am not opposed to H.R. 254. So it is my understanding that my colleague from Ohio would then be controlling the entire 20 minutes in opposition.
Mr. Speaker, I yield myself such time as I may consume, and I thank my colleague from Illinois for this opportunity.
Of course, I rise in strong support for passage of H.R. 254. I have great admiration for my colleague from Ohio who stands in opposition to 254 today, but we do have a fundamental difference of opinion. This piece of legislation was not intended in any way to revisit, reopen, recast, or rescind the North American Free Trade Agreement, the treaty itself; rather, it is to improve an institution that was created to assist in any problems that would be encountered as a result of the treaty itself. And that is where we stand today.
This is a bill to authorize the President to agree to certain amendments to the binational agreement establishing the North American Development Bank. H.R. 254 was passed by the House Committee on Financial Services on February 13 by voice vote. Last October, H.R. 5400, a bill exactly like 254, passed the House by unanimous consent. So I will remind my colleagues, Members of this House, that we are revisiting a piece of legislation that was passed by unanimous consent in the 107th Congress. Unfortunately, the Senate failed to take up H.R. 5400, necessitating its resubmission in this Congress.
This bill is cosponsored by a bipartisan group of 11 Members of Congress, almost all representing districts along the United States/ Mexican border. I do wish to express my sincere thanks to the gentleman from Ohio (Mr. Oxley),
chairman of the Committee on Financial Services; chairman of the Subcommittee on International Monetary Policy and Trade, the gentleman from Nebraska (Mr. Bereuter); the ranking member, the gentleman from Vermont (Mr. Sanders); and the gentleman from Massachusetts (Mr. Frank) on the Subcommittee on Housing and Community Opportunity; as well as to the former ranking member of the full committee, Mr. LaFalce, who retired last session, for their cooperation and hard work in making today a reality and, hopefully, finally, in passing this bill once more and allowing the Senate the opportunity to pass it.
Mr. Speaker, NADBank was created pursuant to NAFTA. It is an investment in water, wastewater, and other public infrastructure along the United States/Mexican border. The bank is headquartered in my district, the 20th Congressional District of Texas, and provides conventional loan financing, below market-rate financing, and grants for communities located near the United States/Mexican border to help fund their water, wastewater, and other infrastructure needs. Additionally, NADBank manages an institutional development program that provides training to local officials on both sides of the border on how to effectively manage public utilities.
Since I arrived in Congress, I have heard so many Members use the phrase ``not letting perfect be the enemy of the good.'' I never thought I would resort to that, but today I will because that is what is happening here. NADBank is the only development bank specifically dedicated to the infrastructure needs of the United States/Mexican border. It meets a specific public financing need that has long been neglected by both Washington and Mexico City. Whether or not one is a supporter of the NAFTA treaty it is hard to argue with the purpose of NADBank, which is to provide critical financing and training for infrastructure improvements in disadvantaged United States and Mexican border communities.
Mr. Speaker, in a minute I will be yielding to my colleague, the gentleman from Texas (Mr. Hinojosa), whose district borders Mexico. I will agree with my colleague from Ohio that NADBank has not fulfilled its true mission due to certain restrictions that Congress has neglected, or by not having the authority to really have any say with Treasury. Treasury has been in charge. This is the answer. This is the fix. This is the fine-tuning we have been seeking for so long. Never has this been meant to be an instrument to reopen the debate on NAFTA. This is an essential piece of legislation.
Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Hinojosa).
Mr. Speaker, I yield myself such time as I may consume.
Many of the shortcomings that both my dear friends from Ohio and California have pointed out are actually remedied by this bill. The answer is before us. Is it a complete answer? We never have a complete answer in any one piece of legislation; but this is definitely a start, and it is a meaningful one. My colleague from California poses the question, Where is the input? The input is in H.R. 254 because we as Members of the House of Representatives will finally have a voice. It will not simply be Treasury in the executive branch determining the parameters and the programs and the activities of NADBank. We will finally have something to say about it, so that my colleague from Ohio and my colleague from California will have a voice. That is what this piece of legislation is all about.
If someone sees this as an opportunity to relegislate NAFTA, I cannot do anything about that; but that is not what it does. It does not attempt to do that in any shape or form. But this is the answer that those that speak today in opposition are seeking. We all are in agreement. If this bill does not pass, it is only the House of Representatives that remains irrelevant to NAFTA and to the NADBank. That will be the end result.
I ask again, please consider this piece of legislation carefully, understand its merits, and you will vote for it. I ask each and every one of my colleagues to join us, all of us along the border, all of us from the border States that are so heavily impacted, to do something about the consequences of NAFTA but in a positive and constructive manner.
I yield to the gentleman from Nebraska.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, this is a terrible amendment. What I am rising for is to support equality for 95 percent of working Americans who pay into Social Security. Today's debate is about fairness, a need to…
Mr. Speaker, this is a terrible amendment. What I am rising for is to support equality for 95 percent of working Americans who pay into Social Security.
Today's debate is about fairness, a need to bring equity to a system under scrutiny. This amendment concerns Texas teachers. This bill concerns equality, fairness and equity.
Texas is home to great students and great schools, thanks in part to great Texas teachers. Educated in Texas schools myself, I put my kids through Texas schools, and my grandkids are attending Texas schools; but there is a lot of misinformation out there about Texas teachers and their retirement plan.
Before I get too far into the details of this issue, I want to explain some of the fundamentals of Social Security. When the Social Security System was created, the workforce was made up largely of men whose wives stayed home. Spousal benefits were created for these women. Social Security spousal benefits are for the nonworking spouse of a worker covered by Social Security. Generally, we think of this as a stay-at-home mom and a working dad. Social Security retirement benefits are for those who work and pay Social Security taxes. Ninety-five percent of working Americans are covered by this program.
The situation is very different today from when Social Security was created in the 1930s. The majority of families today have two earners supporting the family. A primary rule of Social Security is that everyone is able to collect either their own retirement benefit from Social Security or their spousal benefit, whichever is higher. Let me repeat that. It is one or the other, not both.
The Texas teacher retirement system is a substitute for Social Security. A person can participate in one system or the other, but not both. Most school districts in Texas have chosen to stay out of Social Security; yet they have always had the chance to join the system. In fact, fifty school districts in Texas have entered into Social Security, and they can have their own 401(k)-type program also. Again, at any time school districts can leave the Texas teacher retirement system and enter into Social Security, but they cannot do both because the retirement system was a substitute for Social Security.
Back to Social Security. Whether a married couple works in a job such as a nurse and a small business owner, Social Security-covered teacher and an accountant or a lawyer or an engineer, they both pay into Social Security and both are subject to this rule. A husband and wife are each able to collect either their retirement benefits earned through their own hard work or they are able to collect spousal benefits, i.e., 50 percent of retirement, whichever is higher. They cannot collect both.
It is very possible that if one spouse earns significantly less than the other, for example, that nurse and a small business owner, then the nurse is going to have higher spousal benefits than her own retirement. In that case, the nurse will collect the higher spousal benefit but may ask herself why she paid all those Social Security taxes all those years. If a retirement benefit is $600, for example, for the nurse, and her spouse benefit is $800, she would collect $800 but not $1,400 which is what her husband would have collected.
Again, this is how the system works for 95 percent of all Americans. This bill concerns some teachers in Texas who have questioned the system because they want both Social Security
spouse benefits and their Texas retirement. Again, the Texas teacher retirement system is a substitute for Social Security. A person can do one or the other, but not both.
I want teachers to understand that the government pension offset actually only reduces their spousal benefit by two-thirds of their State retirement benefit rather than dollar for dollar as in the case for other working spouses.
Teachers right now get a better deal and more bang for their buck than 95 percent of the American public. They get one-third more of their spousal benefits than 95 percent of working Americans.
The so-called ``loophole'' that is being closed here today is one small part of the government pension offset meant to encourage entire school districts to join the Social Security system. If an entire school district, such as the Plano Independent School District, were to decide to enter Social Security and get out of State retirement, then every teacher in that school district would then be subject to all Social Security rules, even for a teacher who only works 1 day.
Roughly 4,800 teachers in Texas have found a way as individuals to leave their regular teaching job covered by State retirement and move, for 1 day, to a school district that does pay Social Security taxes and then retire. An example is a teacher from Plano who is covered by the State retirement system. If she transfers her last day of work from Plano to Ponder, Texas, which does pay Social Security, she is paid roughly $6 per hour. She might pay a total of $3 into the Social Security fund, but because of this final day of work in Ponder, paying Social Security taxes, she is able to collect the higher of either her benefit or full spousal.
Of course, because she only paid $3 in, she would collect the spousal benefits based off her husband's work, plus she collects her Social Security substitute; that is, her Texas teacher retirement money. She can double dip, when 95 percent of the American public cannot. This costs the Social Security System thousands of dollars.
The General Accounting Office has estimated that $450 million is being paid in benefits under this loophole, and that number could increase tenfold if the loophole is marketed to other people throughout the country.
I am pro-teacher, and in Texas they have a great State retirement system. Mr. Speaker, this is not how Social Security operates for 95 percent of working Americans and we are going to break the Social Security System.
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 254) to authorize the President of the United States to agree to certain amendments to the Agreement between the Government of the…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 254) to authorize the President of the United States to agree to certain amendments to the Agreement between the Government of the United States of America and the Government of the United Mexican States concerning the establishment of a Border Environment Cooperation Commission and a North American Development Bank, and for other purposes.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this legislation and to insert extraneous material on the bill.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 254, a bill that makes critical changes to the operation of the North American Development Bank. I would like to thank the gentleman from Nebraska (Mr. Bereuter) for his hard work on this piece of legislation and for building broad bipartisan support for the bill.
H.R. 254 was approved by voice vote in the Committee on Financial Services and is identical to legislation approved by the body in the 107th Congress. This bill is supported by the administration and is part of the President's priorities to improve conditions along our border with Mexico.
The NADBank was created through the North American Free Trade Agreement, or NAFTA Accord, of 1994 and was funded equally by the United States and Mexico. The purpose of the NADBank is to respond to concerns that the increase in commerce along the border region would result in a rise in pollution.
This is a commendable goal and the NADBank is well funded to reach this goal. It has over $450 million in paid-in capital and a total lending capacity of $2.7 billion; yet over the past several years, the NADBank has only approved the disbursement of $59 million in funds.
The changes we make today in the NADBank will allow this institution to fulfill its mission of financing environmental infrastructure projects along the U.S.-Mexico border without resulting in any additional cost to the American taxpayer.
H.R. 254 will allow the NADBank to make below-market-rate loans for qualified projects. This is an important change and will permit this institution to truly assist this region by offering its products to the largest number of qualified environmental infrastructure projects.
In addition, H.R. 254 extends the area of operation to 300 kilometers from the border into Mexico. This expansion of the operating area will allow the NADBank to approve more worthy projects.
This bill also contains several important senses of the Congress which were crafted with the input of Members from several border States affected by the NADBank. This section calls for the NADBank to play close attention to water conservation, coastal pollution and air pollution projects. Finally, H.R. 254 will require the Treasury Department to report to Congress annually on the operations of the bank.
This bill will go a long way to help build upon the close relationship between the U.S. and Mexico and will improve the environmental conditions along the border.
Executive Office of the President, Office of Management
and Budget,
Washington, DC, February 26, 2003.
Statement of Administration Policy on H.R. 254--North American
Development Bank and Border Environment Cooperation Commission
Authorization
The Administration strongly supports passage of H.R. 254,
which authorizes key reforms of the North American
Development Bank (NADB) and the Border Environment
Cooperation Commission (BECC). Since taking office, President
Bush has worked closely with Mexico's President Fox to make
these institutions more effective in addressing the critical
environmental needs of the communities of the U.S.-Mexico
border region and, thus, improve the quality of life for the
region's 12 million residents. To achieve these goals, the
two Presidents agreed on a package of NADB/BECC reforms in
March 2002.
H.R. 254 will enable the United States to move forward to
implement two of the most important NADB/BECC reforms. The
bill would allow the NADB to make its financing more
affordable by allowing it to make grants and non-market rate
loans out if its paid-in capital. H.R. 254 also would
authorize the geographic expansion of NADB/BECC activity in
Mexico, which would allow the institutions to address
important environmental issues that may affect communities on
both sides of the border, but whose origin may lie outside
their currently defined region of operation.
Passage of H.R. 254 will demonstrate the United States'
strong bilateral cooperation with Mexico and commitment to
environmental protection, and would strengthen the ability of
the NADB and the BECC to perform their important
environmental mission. The Administration urges its passage.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 10 minutes to the gentleman from Texas (Mr. Gonzalez), and I ask unanimous consent that he be permitted to control that time.
Mr. Speaker, I yield 4 minutes to the gentleman from Nebraska (Mr. Bereuter), the sponsor of this legislation.
(Mr. BEREUTER asked and was given permission to revise and extend his remarks.)
Mr. Speaker, may I inquire how much time remains for the majority and the party in opposition.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from California (Mr. Royce).
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from California (Mr. Ose), another member of the Committee on Financial Services.
Mr. Speaker, I urge my colleagues to support these changes to the NADBank and join me in voting to approve H.R. 254.
Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.
Mr. Speaker, I thank the gentleman for yielding me this time. Prior to being elected to Congress, some of us were actually in the profession of teaching. I was, for a number of years, and I paid into…
Mr. Speaker, I thank the gentleman for yielding me this time.
Prior to being elected to Congress, some of us were actually in the profession of teaching. I was, for a number of years, and I paid into the California State Teachers Retirement System. I can tell my colleagues right now that in California, no serious and responsible professional teacher would think that their 20 or 25 years devoted to the classroom should be capped off by scurrying to another school district where there is clear collusion between the districts to allow for 1 day, 1 week, or 1 month of employment so that they can scam the system. Now, that is basically what the Green amendment asks us to continue to allow; fortunately not in California, but unfortunately in Texas and perhaps in Georgia.
Let me get my colleagues to really understand what is going on here. Is there a problem with the offset? Of course there is. We just had a colloquy on the floor with the chairman of the Subcommittee on Social Security and the ranking member of the Subcommittee on Social Security and there was agreement that we will seriously address the pension offset. I have friends of mine who are still in teaching who have implored me to address that. We are in the process of addressing it.
The whole point of the Green amendment is do we allow something to continue which goes something like this: Let us take a teacher in Texas, Mrs. Brown or a Mrs. Green, and say she is employed in Dallas or Houston. And let us say she has worked for a number of years and has successfully put a significant amount of money in the Texas State Teachers Retirement System. She is now ready to retire. She finds another district. And it is true that the local district officials choose whether their employees are in the Social Security System or in the State teachers system. That is a local choice.
But what happens is those board members are in collusion with other districts when they allow a 20-plus year career teacher to work, perhaps in areas not directly to their certificate of teaching credential but simply a job. And let us say they work there for as much as, oh, a month. They may have paid into Social Security, oh, maybe $100. And according to the Social Security actuaries, that 1 month, after those distinguished years of teaching, could produce as much as $93,000 of taxpayers' money going to this person who put a blemish on their professional teaching career to play an angle.
The Green amendment says let us allow these folks to continue to play this little game of collusion to raid the Social Security System under the guise that we should take care of these people. If we vote for the Green amendment what we are doing is relieving pressure to address the real problem.
I would urge all my colleagues to understand a ``yes'' vote on the Green
amendment slows down the addressing of the pension offset. A ``no'' vote on the Green amendment puts all Americans in the same position, pressuring us to do something about the pension offset. Please, do not remove the pressure by voting ``yes'' on the Green amendment. Vote ``no'' on the Green amendment and all Americans will feel the pressure, rather than just a few who distinguish themselves at the end of their teaching career to go clip lawns, sweep up paper, or maybe even latch on to a substitute position to scam the system.
Mr. Speaker, will the gentleman yield?
Mr. Speaker, I thank the gentleman for yielding to me so that I might inform my friend, the gentleman from Texas (Mr. Green), that I am doing everything I can to fix the loopholes in the Tax Code. He is well aware that his party was in the majority for 40 years and they punched an awful lot of holes in that Tax Code. We are trying to plug it up just as rapidly as we can, but it will take a few more years to clean up 40 years of a mess
Mr. Speaker, I rise in opposition to the motion to recommit.
Mr. Speaker, the gentleman from California who is interested in dealing with the teachers' issues is named Buck McKeon. We have talked about him as a good $1 bill, the gentleman from California (Mr. McKeon).
I want Members to know this motion to recommit is a $3 bill. If Members have never seen a $3 bill, all Members have to do is look at this motion to recommit. As we all know, there is no such thing as legal tender that is a $3 bill.
What this motion to recommit does is it kills the bill. I ask the freshmen to listen carefully. If this motion to recommit said ``report the same back to the House forthwith,'' a little word, ``forthwith'', what the gentleman from Texas (Mr. Green) was talking about could possibly occur. But he used the word ``promptly'' knowingly, because they know that a motion to recommit with the word ``promptly'' in it kills the bill.
Let me tell the Members what this motion to recommit really does: it says that the Social Security Administration cannot withhold tax refunds of people who cheat other taxpayers. It
says that the Social Security Administration cannot impose monetary penalties on those who mismanage benefits. If says that we cannot create new civil monetary penalties for Social Security fraud.
In other words, if people are for the good stuff that is in the bill, they are against this motion to recommit. The motion to recommit cannot add what they said it does because of the way it is written, it is very simple.
There was not a lot of honest debate on the amendment, and this motion to recommit is not an honest amendment to recommit. It is a motion to kill. Let us vote ``no'' on this so we can get on to the basic business of passing a very important and helpful bill. Vote ``no'' on this $3 bill, the motion to recommit.
parliamentary inquiry
I thank the gentlewoman for yielding me this time. Mr. Speaker, I do represent the entire California-Mexico border, so I am a border Congressman; and I must say, we have some difficulties with the…
I thank the gentlewoman for yielding me this time.
Mr. Speaker, I do represent the entire California-Mexico border, so I am a border Congressman; and I must say, we have some difficulties with the proposed legislation. The gentlewoman from Ohio, and I am sorry that it had to take someone from the hinterlands to explain to us that this whole issue of NAFTA and NADBank need to be discussed by this body in a far more important way than a bill on suspension that gives us 10 minutes to debate. The gentlewoman is entirely correct. And just because it is only the NADBank that falls within the jurisdiction of the Banking Committee is no reason to limit this House from a fuller discussion. The Banking Committee can in fact go in with other committees and have that discussion. The gentlewoman was absolutely right: jobs have been lost, millions, because of NAFTA.
I live in San Diego, California, a community impacted by NAFTA. Did the community adjustment investment fund or NADBank do anything for our community? No. Is it going to do anything with the proposed reforms? I do not know. But I am very wary.
When NAFTA was passed, there was no infrastructure put in place to realize some of its benefits. For example, in San Diego, California, 3,000 trucks a day now cross the border from Mexico to the United States. There is no highway that takes those 3,000 trucks from the border crossing to the interstate highway system. I have been trying to get it built for the last 10 years. We have a city street that takes those trucks; it is one of the most dangerous roads in America. Has NADBank helped that? No. The environment which NADBank was limited to before these reforms, the maquiladoras which NAFTA brought to the border, hundreds of them, employing thousands of Mexican workers, do not have to abide by any of the environmental rules that we establish. So they end up dumping their toxic materials in the gullies and ravines in Mexico. You know where that ends up? I got 50 million gallons, now millions of gallons in the last few years of raw sewage floating through my district in the Tijuana River to the Pacific Ocean. In Imperial County to the east of San Diego, there are millions of gallons of raw sewage flowing through the New River, then the Alamo River, to the Salton Sea. Did NADBank take care of anything there? Nothing.
Those same maquiladoras brought Mexican workers to the border. What did it pay them? No increase in wages. In fact, wages fell. And do you know what happened when the folks who came to the Maquilas who thought they were going to get high wages and did not? What happened? Illegal immigration to America. Did NADBank do anything to help us with that? Nothing.
Two power plants have just opened up in Mexicali, Mexico, to service the needs of California, power needs. Did they have to follow the environmental rules of our community? No. Can the border patrol stop air pollution? No. Did NADBank help us solve any of that? No.
I agree that the folks who have worked on this, this is a step forward. I do not have any doubts about that. The lower-than-market interest rates which prevented really any loans from being made is absolutely necessary. The expansion of the definition of what projects would be accepted is obviously a very important step forward. But there is a backwards step that you ought to have maybe said something about in your legislation.
As I understand it, the Border Environmental Cooperation Commission, the board of that and the board of NADBank are being merged. BECC was one of the few places where you had any community input, and now we are not going to have any. San Diego and Tijuana had virtually no input. Mexicali and Calexico in Imperial County had no input. El Paso, no input. Brownsville, no input. Where is the community input for the reform bank that you are putting in? We at the border communities, and I will tell you even more the inland communities, if I may say so, need to have input into what is going on with the NADBank. It is not serving our communities. I do not see any step forward that will change that.
Mr. Speaker, the Secretary of Treasury when I asked him a few years ago, and this was in a previous administration, how was NADBank doing, he had no idea. It has been put in a corner somewhere because of an attempt to get a few votes for NAFTA. It was set up to do nothing, and it fulfilled those expectations. I do not see any reforms really that will make NADBank work for America and American workers. I thank the gentlewoman for allowing us to have this debate.
I thank the gentlewoman for yielding time.
Mr. Speaker, just quickly, the fact that this legislation does not say anything about the merged boards of BECC and NADBank, you could have said something about it. Just because you did not, do not criticize the fact that this is a backwards step. If you want to move forward, then change that, too. And we need to have the support of the Chair and those who are supporting this bill for some money for the community adjustment investment fund. It has been zeroed out by the administration.
So, yes, there are some reforms here. The question is how much money are we going to give it and how much community input are we going to allow. A report to Congress on a yearly basis does not allow the community input that this board needs.
Show 11 more
Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 149) expressing support for the celebration of Patriot's Day and honoring the Nation's first patriots, as…
Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 149) expressing support for the celebration of Patriot's Day and honoring the Nation's first patriots, as amended.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H. Con. Res. 149.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, House concurrent resolution 149 introduced by my distinguished colleague, the gentleman from Massachusetts (Mr. Markey), expresses the support of this Congress for Patriots' Day and honors this Nation's first patriots.
April 19, 1775 was an incredibly unique day in the world. In Lexington, Massachusetts and in Concord, Massachusetts, we had individuals who had gathered, patriots, none of them paid, none of them in any organized sense, but they gathered together in Lexington and Concord, having made a determination that they would no longer yield to the tyranny and the oppression that they perceived from their masters.
As these people gathered, one of the places they gathered was Concord Bridge. Colonel Prescott was there with these patriots. And as the Red Coats advanced he said, ``Don't fire unless fired upon. But if we must have war, let it begin here.''
And then shortly thereafter was the shot that has been described as having been heard round the world, as these patriots stood their ground against the oncoming British professional infantry and refused to yield and refused to back up. As a result of their having taken that stand, the Revolutionary War went forward and ultimately, this band of patriots that gathered on that day at Lexington and Concord were really the impetus that drove the colonialists to move forward, and ultimately to create the freedom that we know in this country today.
Seven years later, the Revolutionary War was over. The surrender had taken place, but the important thing is that these people, Colonel Prescott, Paul Revere, William Dawes and the others, many of whom we do not even know their names, were individuals who had drawn the line in the sand and determined that never again would they yield to those kinds of forces and tyranny.
What is the point of this resolution? The point of this resolution is that today, in today's world, we have a responsibility to continue to be reminded about these kinds of patriots. Even today, in the Nation of Iraq, we have patriots from this country policing the streets of that country, assisting the individuals in Iraq to move forward towards a more democratic future.
The important thing that we all have to recognize is just as those patriots back in 1775, these individuals today are also volunteers. They are volunteers in our active Armed Forces and they are volunteers from our Reserves and our National Guard, and men and women from our various branches.
So I would like to thank the gentleman from Massachusetts (Mr. Markey) for having brought this to our attention that we should focus on this. The gentleman from Massachusetts has done a service to all of us, and I ask my colleagues to unanimously consent to the passage of this resolution commemorating April 19 as Patriots' Day and every year forward on that particular day.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Once again, I urge my colleagues to support this resolution. April 18, 1775: patriotism, sacrifice, and volunteerism, three of the basic principles that help create this country; things so important that a short time later they wrote in a document that there were self-evident truths: life, liberty, and the pursuit of happiness. They wrote in that same document that all men and women were created equal, something this country has struggled to bring to reality, but something this country fulfills as a mission every single day.
So in the spirit of how this country was founded, sacrifice, patriotism, volunteerism, the Minutemen were individuals willing to die and pledge their lives, their fortunes, and their sacred honor for things that are more important than wealth or notoriety or publicity. That is the kind of tribute that we ought to continue to remind ourselves is our responsibility as Americans.
So, Mr. Speaker, I congratulate the gentleman from Massachusetts (Mr. Markey) for authoring this. I would urge all my colleagues to please support this resolution.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.
Mr. Speaker, I thank the gentleman for yielding time to me. The gentleman from Texas (Mr. Doggett) who spoke last has regaled us on a number of occasions with some interesting and I would say…
Mr. Speaker, I thank the gentleman for yielding time to me.
The gentleman from Texas (Mr. Doggett) who spoke last has regaled us on a number of occasions with some interesting and I would say provocative speeches over the last couple of years about the use and abuse of tax shelters. He has proclaimed himself, Mr. Speaker, the defender of the individual taxpayer against abusive corporate tax shelters. He has often cited Enron when that issue was before Congress. He has railed against the expansion of the business meal deduction, saying taxpayers would subsidize $400 bottles of wine, a thinly-veiled swipe at the former Speaker.
In the immediate aftermath of September 11, in the committee he went as far as to say that Republicans on the committee were looking for tax cuts for Osama bin Laden. Now he attempts to wrap himself into the fireman's coat and shield himself with the policeman's shield. It is just not so.
Section 418 of the Social Security Protection Act closes a loophole. The General Accounting Office says this about that loophole: ``4,819 individuals from Texas and Georgia have performed work in Social Security-covered positions for short periods, and in fact even for a day, in order to offset'' or get away from this government pension offset in this exemption.
This is a loophole, a loophole that is being exploited. In 2002, one- fourth of all the public education retirees in the State of Texas took advantage of this loophole.
Let me give an example of an egregious type of way that this is being exploited, and unfortunately, much to the chagrin of other hardworking Social Security payees across the country. School officials reported individuals were taking, or one individual traveled 800 miles one way, 800 miles, a two-day trip, to be employed for a single day, traveling back 800 miles back to that person's home in order to get away from this loophole.
As my friend, the gentleman from Texas (Mr. Brady), noted, a lot of these school districts are seeing the money flow in because they are charging these retirees, these teachers, a processing fee for their school districts. Ultimately, what it means is that
these workers are seeing their annual pensions increased by the tune of about $5,000 a year to which they are not entitled.
So we can talk about the government pension offset all we would like, or the windfall elimination provision. Yet what we are trying to do is root out waste, fraud and abuse. The General Accounting Office has told us clearly and unequivocally this is a loophole that is being exploited, and it is time that this Congress acted to close this loophole, because other retirees are the ones that are losing the advantage of their social security.
Mr. Speaker, again I would say to the gentleman who just spoke, who has self-proclaimed his time here as far as trying to shut down these corporate abusive shelters, in existing law that the Social Security Protection Act attempts to protect is a loophole that is being exploited, a single-day exception where workers attempt to get around this law.
Perhaps if the gentleman's constituents had set up post office boxes in Bermuda, perhaps we would see some righteous indignation in favor of this legislation instead of opposed.
Mr. Speaker, I would say to the gentleman from Texas (Mr. Turner), that tearful constituent of his is probably not scheming to game the system.
I would say to the gentleman from Texas (Mr. Edwards), I think it is a bit disingenuous to invoke our troops and our firefighters.
I would say to the gentleman from Texas (Mr. Green) who offers the amendment, the amendment would strip section 418 out of the underlying bill.
And I would again say to the gentleman from Texas (Mr. Sandlin) who just spoke, would the following hypothetical be considered a gimmick, trick or fraud: A university professor who works his entire life as a university professor, works a single day as a janitor making $6 an hour, an 8-hour day, $48, and out of that paycheck, there is a $3 FICA withholding, is it a gimmick, a trick or a fraud for that $3 FICA withholding to then translate into roughly $100,000; $5,000 a year for 20 years of retirement?
Unfortunately, Mr. Speaker, that is not a gimmick, trick, or fraud. It is not even a hypothetical. It is a real-life example of something that has occurred that needs to be changed. A real janitor would not see that $100,000.
Mr. Speaker, I am proud to join my colleagues in support of H.R. 254, which will amend the law that established the North American Development Bank. The needs along the U.S.-Mexico border are ever…
Mr. Speaker, I am proud to join my colleagues in support of H.R. 254, which will amend the law that established the North American Development Bank. The needs along the U.S.-Mexico border are ever increasing. Population growth is rapid, estimated at more than 100 percent in the next 20 years. Today about 11 to 12 million people live along the border. By 2020, 22 million people will reside in the region. On the U.S. side of the border, the per capita income is 79 percent of the national average. Four of the ten poorest counties in the United States are along the U.S.-Mexico border.
In October of 1993, the United States and Mexico agreed to a new institutional structure to promote border environmental cleanup. The North American Free Trade Agreement (NAFTA) authorized the establishment of the North American Development Bank (NADBank) and the Border Environment Cooperation Commission (BECC) which work jointly to address some of the many environmental problems caused by free trade between Mexico and the United States. The primary focus of these two organizations has been to address the water and waste water needs of communities in the border region. And appropriately so: it is estimated that $8 billion would be required to address needs for sewage treatment, drinking water, and municipal solid waste infrastructure projects along the border over the next decade. The BECC is directed to help border states and communities coordinate and design environmental infrastructure projects, and to certify projects for financing, while the NADBank evaluates the financial feasibility of projects certified by the BECC and provides financing as appropriate.
Despite the creation of the NADBank to provide loans to finance border environmental infrastructure projects, grants from the Environmental Protection Agency (EPA) have accounted for the vast majority of funding provided through the NADBank thus far.
As I expressed to the House Financial Services Committee last May, the financing provided by NADBank is often at too high of an interest rate to be affordable by many impoverished communities. I am pleased that enough of my colleagues recognized this problem, which led to the introduction of this legislation in the 107th Congress and its reintroduction this year.
This bill will allow for the NADBank to come closer towards reaching its full potential by allowing for non-market rate loans and grants to be made towards water and waste management infrastructure.
In order to expand the capacity of both institutions to address important binational environmental needs, this bill will expand the geographic scope for BECC and NADBank operations in Mexico from 100 kilometers to 300 km from the border. The geographic limit in the United States will remain unchanged at 100 km from the border. There is no doubt that the area encompassed within 100 km from the border is the area with the most dire needs. However, infusing additional funds within 300 km of the border on the Mexican side makes sense in helping build infrastructure and expanding the economy on Mexico's northern border. Assisting Mexico with infrastructure development needs in its northern border region will eventually relieve some of the pressure on the U.S. side of the border by providing opportunities for Mexican residents in Mexico.
The welcome changes this bill brings to the NADBank are a first step towards expanding the NADBank's role in financing infrastructure improvements along the U.S.-Mexico Border. In the future, I hope that the NADBank will be further authorized to finance any public infrastructure need along the border that can not be financed by conventional means. For example, in addition to needing water and sewage infrastructure, colonias are in desperate need of paved roads and a reliable energy supply. These communities suffer from a host of dire living conditions which should not be tolerated in our country.
I would like to thank my colleagues in the House Financial Services Committee for their work in moving this important piece of legislation to the floor so quickly in this Congress and look forward to working with them in the future to bring additional needed assistance to the U.S.-Mexico border region. I urge all my colleagues to vote in favor of
Mr. Speaker, I do want to offer my commendation to the gentleman from South Dakota (Mr. Janklow) and my dear and good friend and colleague, the gentleman from Massachusetts (Mr. Markey), for bringing…
Mr. Speaker, I do want to offer my commendation to the gentleman from South Dakota (Mr. Janklow) and my dear and good friend and colleague, the gentleman from Massachusetts (Mr. Markey), for bringing this important resolution here for consideration by this body.
I could not help but reminisce, Mr. Speaker, in listening to my dear friend, the gentleman from Massachusetts (Mr. Markey), reciting this famous poem by the great writer, Longfellow. I reminisced that in my youth in this little high school in Hawaii where I was raised, Kahuku High School, we were literally required to memorize the whole poem by this great American writer Longfellow.
If I could just say basically,
Listen my children
And you shall hear
Of the midnight ride of Paul Revere
On the 18th of April in '75.
Hardly a man is now alive
Who remembers that famous day and year.
One if by land, two if by sea,
And I on the opposite shore shall be,
Ready to ride, to spread the alarm
To every Middlesex village and farm. . . .
Yes, that was the declaration, and I am sorry, I have forgotten the other verses.
I think the gentleman from South Dakota (Mr. Janklow) could not have said it better. What better, more fitting occasion for our congressional leadership, both in the Senate and in the House.
The great State of Massachusetts, one of the great founding States of this great Nation of ours, what a tremendous asset to our Nation. We think of Harvard University, we think of Ralph Waldo Emerson.
I remember what Mr. Emerson said, something that was a lesson to me as a youth, and maybe this is something we could also learn: ``The years teach much which the days never know.'' I bring this to the attention of my colleagues, Mr. Speaker, because I think it is important.
We talk about honoring Patriots' Day. As a Vietnam veteran, I think of all those who have made tremendous sacrifices, and the ultimate sacrifice. As I have said previously to my colleagues in this Chamber, we can always rebuild airplanes. We can make bullets, and if they are destroyed we can do it again. But when a person sacrifices his life to maintain our freedoms, that is the ultimate sacrifice.
I think it is most fitting as we discuss this issue of Patriots' Day, as we recall what happened on September 11, as we recall what happened in the situation that we are now in, and our unfortunate situation in the Vietnam
War, the Korean War, the two world wars, I do not need to recite to my colleagues what happens and what it means to be a patriot in this great Nation of ours.
Yes, it is not a perfect country. If we say that the greatest blessing of this Nation is based on its diversity, people from all different walks of life, from all different ethnicities and nationalities, that the United States truly is a microcosm of the whole world in itself, and we are here because we believe in the principle that nobody is above the law. This Nation is founded upon laws and not men.
How I appreciate the gentleman reminding me, my good friend, the gentleman from Illinois (Mr. Davis), of how great this country is to all of us. I am sure our colleague, the gentleman from Rhode Island (Mr. Kennedy), would have said the same thing. Whether it be the Kennedys, the Markeys, the Faleomavaegas, what a beautiful Nation in the diversity it stands for.
Yes, we have problems. Some have asked what America means to me as a patriot. With all my own imperfections and weaknesses, I would say that what I recall was said on the steps of the Lincoln Memorial in the summer of 1963 by an African American and a minister by the name of Martin Luther King, Junior, it could not have been said better what America is all about as patriots. That is, he had a dream. The dream is that one day his children will be judged not by the color of their skin but by their character. I think that is the essence of what America is about. This is what Patriots' Day is about. Thank God we live in a country that is free, that allows us to pursue our own sense of happiness, whatever that might be.
Again, I thank my good friend, the gentleman from Massachusetts (Mr. Markey), for his eloquence and for bringing this resolution to the floor. I thank my good friend, the gentleman from South Dakota, for doing likewise.
Mr. Speaker, the gentleman from Texas (Mr. Gonzalez) has explained very well why this legislation is before us. In fact, we passed it last October in the previous Congress in the same form. He…
Mr. Speaker, the gentleman from Texas (Mr. Gonzalez) has explained very well why this legislation is before us. In fact, we passed it last October in the previous Congress in the same form. He mentioned the cosponsorship of practically everybody whose district is along the border, and I appreciate very much the support of my colleagues on the committee.
Actually, the comments of the gentlewoman from Ohio about NAFTA are not a surprise to us, but practically nothing related to NAFTA is within the jurisdiction of the Committee on Banking and Financial Services, now the Committee on Financial Services. The only thing really that is, is the NADBank, and it was created to take into account some of the concerns with the passage of NAFTA.
During that debate, some Members were concerned about perceived lax enforcement of environmental laws by Mexico that could create a competitive advantage and give U.S. businesses incentive to relocate to Mexico. In fact, the support of some Members of Congress for NAFTA was partially contingent upon identification of a structure to finance border projects.
Now, in order to address the inadequacies of the NADBank, which the other gentleman from Texas has alluded to and given some details on, Presidents Bush and Fox formed a binational working group that held a series of discussions with States, communities, and other stakeholders in the border region with the purpose of generating plans to reform and strengthen the performance of the NADBank and the BECC. As a result of that working group, Presidents Bush and Fox came forth with a joint agreement announced in Monterrey, Mexico, in March of 2002. The recommendations and requirements of agreement are in this legislation.
With respect to the first legislative change, the administrations's rationale about the bank's current financial framework is having a limited impact in regions with high poverty rates, so adjustments were made in that respect. The change in jurisdiction was at the request of the Mexican President, but agreed to as appropriate by President Bush. So what we are doing here is to try to take the reforms that everyone in the region seems to agree are necessary for the NADBank to adequately address the infrastructure problems, particularly environmental infrastructure problems that are created by increased industrialization and population growth in the region.
So, my colleagues, I think, can feel very comfortable in supporting this legislation. It makes the changes the two Presidents requested. It does nothing to disadvantage American firms. In fact, it addresses some of the concerns
that the opponents of NAFTA had in the first place.
I yield to the gentlewoman from Ohio briefly.
Reclaiming my time, Mr. Speaker, I believe the gentlewoman's understanding is incorrect as with respect to this legislation. This legislation makes no reductions in that area. If there are reductions, it would be by executive budget, and I am not familiar if that is the case or not.
Mr. Speaker, I would just say that we have passed this legislation before. It is appropriate. It puts in place the agreements of the two Presidents. It has the support of all the border region persons in this room, with the exception of two, and I do not know how they stand, but I have heard no opposition from them to this point. So I urge support and approval of the legislation.
Mr. Speaker, will the gentleman yield?
I thank the gentleman for yielding. I just wanted to assure the gentlewoman from Ohio, there is nothing that deauthorizes a program in our legislation and nothing that specifically authorizes additional funds. And to the gentleman from California, this legislation does not merge the two entities that concerns him.
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, as the ranking member of the Committee on Government Reform's Special Panel on Postal Reform and Oversight, I join my colleague in…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as the ranking member of the Committee on Government Reform's Special Panel on Postal Reform and Oversight, I join my colleague in the consideration of H. Con. Res. 149, legislation introduced by my good friend and colleague, the gentleman from Massachusetts (Mr. Markey), on April 10, 2003.
H. Con. Res. 149 is a concurrent resolution expressing support for the celebration of Patriots' Day and honoring
the Nation's first patriots. The measure expresses support for the annual celebration of Patriots' Day and recognizes the extraordinary dedication to freedom demonstrated by the Nation's first patriots during the early days of the Battle for Independence in April of 1775. Finally, it honors those first patriots who lost their lives in defense of liberty and freedom. H. Con. Res. 149 has the support and cosponsorship of the entire Massachusetts delegation.
The dictionary defines patriot as ``a person who vigorously supports their country and is prepared to defend it.'' It is only fitting and proper that we join with the gentleman from Massachusetts (Mr. Markey) and the Massachusetts congressional delegation and the Senate in honoring the men who allowed the Minutemen to assemble and confront the advancing British troops. The actions of those men, Paul Revere, William Dawes and Samuel Prescott, were the first great acts of patriotism of our Nation.
Who could ever forget the midnight ride of Paul Revere when he rode through the streets warning, ``The British are coming.'' His famous ride through the countryside was duly and forever celebrated by the American poet, Henry Wadsworth Longfellow, in his poem entitled Paul Revere's Ride. I remember even as a small child learning that poem:
``Listen, my children, and you shall hear of the midnight ride of Paul Revere, on the 18th of April in '75; hardly a man is now alive who remembers that famous day and year.''
The passage of H. Con. Res. 149 will ensure that we will continue to honor and recognize the first patriots. We will also long remember and never forget the lists of patriots who have given their lives in the defense of our country. Every day, Mr. Speaker, men and women honor the definition of a patriot by bravely answering the call to support and defend the United States of America. We owe them a great deal of gratitude and, like the resolution before us, we owe it to their actions to forever preserve and protect the historic sites so that others will never forget the struggle for freedom.
I commend my colleague, the gentleman from Massachusetts (Mr. Markey) for introducing this measure, and I urge its swift adoption.
Mr. Speaker, it is my pleasure to yield such time as he may consume to the gentleman from Massachusetts (Mr. Markey), the author of this resolution.
Mr. Speaker, I yield such time as he may consume to the gentleman from American Samoa (Mr. Faleomavaega), a place far from Massachusetts, which is an indication of how much this country has grown, expanded, and developed.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to commend again the gentleman from Massachusetts (Mr. Markey) for providing the opportunity for this moment. I believe that it is moments like this on the floor of this House that speak to the greatness of this Nation and how connected we are and how similar are our experiences. It does not matter whether one grew up in South Dakota, in Massachusetts, in American Samoa, or even in a little town in Arkansas, as I did, but there was a level of connectedness.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I rise today in support of the Green Substitute amendment to H.R. 743. This amendment would result in removing Section 418 from the bill. This section negatively affects teachers and…
Mr. Speaker, I rise today in support of the Green Substitute amendment to H.R. 743. This amendment would result in removing Section 418 from the bill. This section negatively affects teachers and other public servants in my state of Texas. This is unacceptable. Our hardworking teachers deserve more.
I know full well the effort and hard work that teachers dedicate to their students. My wife was a teacher for many years and my daughter, who just completed her doctorate degree in education, is currently an administrator at a local school district. I believe that teaching is
one of the most honorable professions. I credit our teachers with laying the foundation for the future of our country and the world. In addition to teaching children the basic skills they need, teachers are an important guiding force for our children. After parents, they are one of the greatest influences on children. We therefore need to make sure we have well-qualified and well-paid teachers educating students.
As you know Mr. Speaker, passage of this bill before us would reduce the spousal Social Security benefits for countless teachers. H.R. 743 also affects school support personnel, police officers, firefighters, and other public servants. At a time when multi-billion dollar tax breaks are being given to our country's top income earners, our teachers and other public servants would be penalized through this bill. These are people we should be protecting and rewarding. We should not make them pay for the tax cuts we give those who are more fortunate. For this reason I cannot support the original version of this bill.
Mr. Speaker, I have co-sponsored H.R. 594, a bill introduced by my colleague, Mr. McKeon, that will eliminate the Government Pension Offset and the Windfall Elimination Provisions that target our teachers and other public servants by denying them the opportunity to retain their full spousal Social Security benefits. This bill would be a more appropriate permanent solution to the unfair treatment of teachers' social security benefits. However, until we can pass that bill, I strongly urge my colleagues to support the Green Substitute, oppose H.R. 743 unless it is amended, and continue to support our teachers. I yield back the balance of my time.
Mr. Speaker, I rise today in support of the Green substitute for H.R. 743. This substitute amendment contains all of the good elements of H.R. 743, and eliminates one very negative element, section 418, which negatively affects teachers and other public servants in my district of El Paso, Texas. I have heard from countless teachers in my district regarding this bill who will have their Social Security widow's benefit reduced so severely that their financial well- being will be devastated. The Green amendment fixes this.
Mr. Speaker, in addition, H.R. 743 also affects school support personnel, police officers, firefighters, and other public servants. At a time when multibillion-dollar tax breaks are being offered to our country's top income earners, our teachers and other public servants should not be penalized. These are the very people we should be protecting.
Finally, Mr. Speaker, I want to speak to our veterans. If this issue sounds a lot like their concurrent receipt issue, that is because it is. And it is interesting that it is the Republican leadership that opposes both of these issues. Too bad it is okay to pass billions in tax relief to the wealthy but continue to undermine our working families. I urge my colleagues to show support for our teachers and vote in favor of the Green substitute amendment.
Mr. Speaker, I thank my colleagues for introducing this resolution (H. Con. Res. 149) and I applaud Congress for supporting the annual celebration of Patriots' Day. Every year the states of Maine and…
Mr. Speaker, I thank my colleagues for introducing this resolution (H. Con. Res. 149) and I applaud Congress for supporting the annual celebration of Patriots' Day.
Every year the states of Maine and Massachusetts celebrate the events of April 19th, 1775, when the first American patriots stood up to British troops, leading to the beginning of the Revolutionary War and the birth of our nation.
We need to do more to bring national recognition to this celebration of the brave men and women who sacrificed so much on the battlefield to help our nation achieve independence. It is important that we honor all of our first patriots and we should help many more Americans learn as much as possible about the birth of our nation and the hard-fought struggle that accompanied it.
That is why Congress should do more to preserve our precious heritage and to celebrate not just the events and battles that started the Revolutionary War, but all of the major battles that shaped the outcome of this historic conflict with has changed the ensuring course of human history.
We should certainly celebrate Paul Revere's midnight ride and the Battles of Lexington and Concord as the crucial opening salvos in our national struggle for independence. At the same time, we should also recognize that the Revolutionary War spanned six years and claimed the lives of nearly 4500 Americans, demonstrating not only the cost of liberty but also the willingness of colonial patriots to make the ultimate sacrifice to secure our freedom.
In particular, I want my colleagues to know that New Jersey was of critical importance during the American Revolution due to its strategic location between the British armies headquarters in New York City and the Continental Congress sitting in the City of Philadelphia. General George Washington spent almost half of the period of the American Revolution personally commanding troops of the Continential Army in New Jersey, including two severe winter encampments at Morristown.
The early turning point in the war played out across multiple battlefields in and around my congressional district in Central New Jersey. It was during ten fateful days of the American Revolution between December 25, 1776 and January 3, 1777 that General Washington recrossed the Delaware River and won crucial battles at Trenton and Princeton, after having retreated from New York City to Pennsylvania at the risk of near total defeat.
New Jersey's critical role in America's fight for independence is part of our national story and thus should be preserved for all Americans. This is why Congressman Frelinghuysen and I have introduced the Crossroads of the American Revolution National Historical Heritage Act of 2003 (H.R. 524). Our bill would establish a national heritage area to preserve, promote, and connect central New Jersey's extraordinary Revolutionary War battlefield sites through a greenway and interpretive programs for all Americans to enjoy. We hope this much-needed, bipartisan legislation can be enacted during the 108th Congress to protect these hallowed grounds and educate future generations about the struggle to create this great nation.
I wholeheartedly support the resolution before us and hope for an ever-widening celebration of Patriots' Day all across America, not just in Massachusetts and Maine. In the same spirit, I urge our bipartisan leadership and all of my colleagues to support prompt and favorable legislative action to create the Crossroads of the American Revolution National Heritage Area.
Mr. Speaker, I rise in support of the Green amendment because I do not believe teachers should be penalized for teaching our children. Now, my colleague from California came up with a hypothetical…
Mr. Speaker, I rise in support of the Green amendment because I do not believe teachers should be penalized for teaching our children.
Now, my colleague from California came up with a hypothetical example, but let me tell my colleagues what will happen in real life, not hypothetically, if the Green amendment is defeated.
I now am representing Fort Hood in Texas, the only two-division Army installation in America, which has several thousand soldiers arriving in Iraq, and several thousand more per day. We will have up to 30,000 soldiers from Fort Hood, Texas, fighting for our country in Iraq most likely in the next 2 months. Now, those soldiers fighting for us today and in the weeks ahead over there come back to Texas. And the bill that Congress, which I helped pass a decade ago, the Troops to Teacher bill, actually tries to encourage those military retirees, those soldiers fighting for us today in Iraq, to go into teaching. They are doing that all throughout the school system, educating the children of military soldiers in central Texas.
Now, for those who want to defeat the Green amendment, let me just mention what that is really saying. That says that it is okay for these soldiers fighting in Iraq today for our country to pay Social Security taxes, and then when they come back to Texas and retire, they are going to have their Social Security benefits cut because some opposed the Green amendment. I think that is unfair. It is not only unfair to the soldiers to have their Social Security benefits docked because we want to defeat the Green amendment, it is unfair to the children of military families who will not have the benefit of those retired soldiers teaching in our classrooms.
It was bad enough that the administration was trying to cut impact aid to help military kids' education during a time of war, it was worse yet when the Republican leadership pushed for a $28 billion cut in veterans benefits during a time of war; but now, to add insult to injury, I hope the teachers of Texas, Mr. Speaker, are listening to my Republican colleagues who, intended or not, would push a policy that will penalize soldiers fighting today in Iraq who want to teach our children tomorrow. That is wrong for our servicemen and women, it is wrong for the children of Texas, and it is wrong for this country.
Mr. Speaker, my Republican colleagues may not like the truth, but they cannot run from it. The truth is that by defeating the Green amendment, what they are saying to some of the thousands of soldiers from my district in the Iraqi theater today, that if they come back home to Texas and take advantage of the Troops to Teachers program passed by Congress to encourage them to become teachers, then their Social Security benefits are going to be reduced or eliminated. That is wrong. It is unfair. It discourages good people from going into the teaching profession. And I can tell Members, the school districts in my district value highly having these retired Army soldiers teaching in the classrooms. The other side may not like the facts, but they are going to have to accept them.
Mr. Speaker, I thank the gentleman from Texas (Mr. Gonzalez) for yielding me this time. Mr. Speaker, I like and respect my friend and colleague from Ohio. I heard the gentlewoman from Ohio say that…
Mr. Speaker, I thank the gentleman from Texas (Mr. Gonzalez) for yielding me this time.
Mr. Speaker, I like and respect my friend and colleague from Ohio. I heard the gentlewoman from Ohio say that NADBank has too little to show, and my response to her is that those of us who live on the southwest border want to correct what is wrong with the NADBank in the way that it has operated and done so poorly in these last few years.
Mr. Speaker, I rise today in strong support of H.R. 254, the North American Development Bank reauthorization bill. I want to thank the gentleman from Nebraska (Mr. Bereuter) for all his hard work in shepherding this bill through the legislative process. I also want to thank the gentleman from Ohio (Mr. Oxley) and the gentleman from Massachusetts (Mr. Frank) for their assistance in bringing this bill to the floor for consideration.
As the Congressman from the 15th District of Texas, which includes the U.S./Mexico border region, my constituents are directly affected by the work of the North American Development Bank and are vitally interested in reforms badly needed that will improve the NADBank.
I was born and raised in south Texas between Brownsville and Laredo. This region is the front door to Mexico. I have seen the skyrocketing 48 percent population increase from just 1990 to 2000. I have witnessed the huge export business between Texas and Mexico increase 202 percent from 1993 to 2000, and that increase has reached $68 million of exports in the year 2000.
NADBank was originally passed in 1994 and enacted in 1995. It was created to gain congressional passage of the North American Free Trade Agreement. The bank was to be a working partner in helping border communities deal with water treatment facilities and environmental problems that would result from the increased trade that was expected. The bank's purpose was to help the border communities cope with the problems created by NAFTA.
Unfortunately, despite large amounts of available capital, the bank has funded only a small number of infrastructure projects along the U.S./Mexico border because it was limited to offering only market-rate loans. The need along this southwest border is too great for the bank to have money sitting idle. H.R. 254 fixes the problem by allowing NADBank to offer low-interest loans and grants to border communities like the ones I represent to fund critical infrastructure projects so that we can have the quantity of water and quality of water that we need for the sustainable growth of our area.
This authorization bill is not perfect. I assure my colleagues that if it improves the NADBank with the corrections that we make here, everyone will be very happy.
In closing, I want to say that the bank has not worked well up until now, but I know that with these reforms it can live up to the promise. I urge my colleagues to support H.R. 254.
Mr. Speaker, I rise to offer some context for our debate today surrounding the NADBank as it relates to my district in South Texas. I support NADBank and believe it is an important part of border…
Mr. Speaker, I rise to offer some context for our debate today surrounding the NADBank as it relates to my district in South Texas.
I support NADBank and believe it is an important part of border development, particularly the small rural communities like San Benito and La Feria in South Texas. Hopefully, NADBank will continue to work with these municipalities to maximize their infrastructure.
But NADBank's recent decision to offer grants and resources in terms that are twice as favorable to Mexico, over injured South Texas farmers, is very troubling to me. Very briefly, it was Mexico's non- compliance--for over a decade--with a 1944 treaty that apportions the waters of the Rio Grande that bankrupted hundreds of South Texas farmers and precipitated the need for NADBank to offer assistance-- however late--to those injured by Mexico's action.
Here's what has troubled me about this; there are 2 primary reasons:
First, NADBank is offering up to 50 percent of the cost of irrigation projects to South Texas farmers in grants and the balance in low- interest loans, while making the same assistance available to Mexican agricultural interests at 100 percent grants. Since the actions of Mexico were the instigation of the injury to South Texas farmers, it is galling that NADBank is giving Mexican farmers 100 percent of the cost of their projects in grant funding, while South Texans are getting half that.
Secondly, the entire reason NADBank has a package offering relief to farmers for irrigation needs is the enormous, permanent injury to
South Texas farmers directly due to Mexico's violation of the 1944 treaty. I have been perplexed as to the reason that all four border states have access to the relief package. If the injury was to South Texas farmers, then that is who should be the target of the relief.
Of note, this bill does recognize several important things for the first time: Mexico is in default of the 1944 Water Treaty; Mexico has accumulated 1.5 million acre feet of water debt to the U.S.; and the NADBank Board should support projects in the lower Rio Grande Valley.
While NADBank is an important part of border development, the decision to give South Texas farmers--injured by Mexico's deliberate action--half what they are offering to Mexican farmers is a step in the wrong direction. Part of the problem with this policy is that it was formulated in Washington and dictated to San Antonio by officials in the Departments of Treasury, State, and the Environmental Protection Agency. When Washington dictates decisions to states and local governments without their input, those decisions are more likely to inspire anger and resentment than gratitude.
I ask my colleagues to remember this action and to encourage NADBank to re-think the wisdom of how they are distributing funds under this program.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 524 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 524
To establish the Crossroads of the American Revolution National
Heritage Area in the State of New Jersey, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2003
Mr. Frelinghuysen (for himself, Mr. LoBiondo, Mr. Pallone, Mr. Saxton,
Mr. Ferguson, Mr. Smith of New Jersey, Mr. Pascrell, Mr. Holt, Mr.
Payne, Mr. Rothman, Mr. Andrews, Mr. Menendez, and Mr. Garrett of New
Jersey) introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To establish the Crossroads of the American Revolution National
Heritage Area in the State of New Jersey, and for other purposes.
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 ``Crossroads of the American
Revolution National Heritage Area Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) New Jersey was of critical importance during the
American Revolution due to its strategic location between the
British armies headquartered in New York City and the
Continental Congress sitting in the City of Philadelphia.
(2) General George Washington spent almost half of the
period of the American Revolution personally commanding troops
of the Continental Army in New Jersey including 2 severe winter
encampments at what is now Morristown National Historical Park,
a unit of the National Park System.
(3) It was during the 10 crucial days of the American
Revolution between December 25, 1776, and January 3, 1777, when
General Washington, after retreating across New Jersey from New
York City to Pennsylvania in the face of total defeat for the
Nation``s cause, recrossed the Delaware River on Christmas
night, 1776, and won crucial battles at Trenton and Princeton.
Thomas Paine, who accompanied the troops during the retreat,
described the events as, `the times that try men's souls''.
(4) There are situated in the State of New Jersey the sites
of 296 engagements including several important battles of the
American Revolution, which collectively are of significant
importance to the outcome of the overall conflict and the
history of the United States. Among these are National Historic
Landmarks including Washington's Crossing, the Old Trenton
Barracks, and Princeton, Monmouth and Red Bank Battlefields.
(5) Additional national Historic Landmarks include the
homes of Richard Stockton, Joseph Hewes, John Witherspoon, and
Francis Hopkinson, all signers of the Declaration of
Independence, Elias Boudinout, President of the Continental
Congress and William Livingston, patriot and Governor of New
Jersey from 1776 to 1790.
(6) Portions of the landscapes important to the strategies
of both armies including waterways, mountains, farms, wetlands,
villages and roadways retain integrity of the period of the
American Revolution and offer outstanding opportunities for
conservation, education, and recreation.
(7) The National Register of Historic Places lists 251
buildings and sites in the National Park Service study area for
Crossroads of the American Revolution associated with the
period of the American Revolution.
(8) Civilian populations residing in New Jersey suffered
extreme hardships during the American Revolution due to the
continuous conflict within its borders, foraging armies, and
marauding contingents of loyalist Tories and rebel
sympathizers.
(9) Because of the important role that New Jersey played in
the successful outcome of the American Revolution there is a
Federal interest for the development of a regional framework to
assist the State of New Jersey, other local organizations and
governments, and private citizens to preserve and protect
natural, cultural, and historic resources of the period and to
bring recognition to this important heritage for the
educational and recreational benefit of this and future
generations of Americans.
(10) The National Park Service has conducted a National
Heritage Feasibility Study in the State of New Jersey that
demonstrates the sufficient assemblage of nationally
distinctive natural, cultural, and historic resources necessary
to establish the Crossroads of the American Revolution National
Heritage Area.
(b) Purposes.--The purposes of this Act are as follows:
(1) To build the capacity of communities, organizations,
and citizens in New Jersey to preserve the special historic
identity of the region and its importance to the Nation.
(2) To foster a close working relationship with all levels
of government, the private sector, and the local communities in
New Jersey.
(3) To provide for the management, preservation,
protection, and interpretation of the natural, historic, and
cultural resources of the region for the educational and
inspirational benefit of future generations.
(4) To strengthen the value of Morristown National
Historical Park as an asset to the region by establishing a
network of related historic resources, protected landscapes,
educational opportunities, and events depicting the
revolutionary landscape of New Jersey.
(5) To strengthen partnerships among Morristown National
Historical Park and other public and privately owned resources
in the heritage area, that together represent the strategic
fulcrum of the American Revolution, as assets in the quality of
life in the region.
(6) To authorize Federal financial and technical assistance
to serve these purposes.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Association.--The term ``Association'' means the
Crossroads of the American Revolution Association, Inc., a
nonprofit corporation in the State of New Jersey.
(2) Boundaries.--The term ``boundaries'' means the
boundaries of the heritage area specified in section 4.
(3) Heritage area.--The term ``heritage area'' means the
Crossroads of the American Revolution National Heritage Area as
established in section 4.
(4) Management plan.--The term ``management plan'' means
the management plan submitted under section 5.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State of New Jersey
the Crossroads of the American Revolution National Heritage Area.
(b) Boundaries.--The boundaries of the heritage area shall include
all those lands and waters depicted on a map entitled ``Crossroads of
the American Revolution National Heritage Area'', numbered CRREL80,000
and dated April 2002. The map shall be on file in the appropriate
offices of the National Park Service.
(c) Management Entity.--The management entity for the heritage area
shall be the Association.
SEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE ASSOCIATION.
(a) Duties of the Association.--To further the purposes of the
heritage area, the Association shall--
(1) prepare and submit a management plan for the heritage
area to the Secretary in accordance with section 6;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values within the heritage area;
(B) establishing and maintaining interpretive
exhibits and programs within the heritage area;
(C) developing recreational and educational
opportunities in the heritage area;
(D) increasing public awareness of and appreciation
for natural, historic, and cultural resources of the
heritage area;
(E) protecting and restoring historic sites and
buildings in the heritage area that are consistent with
heritage area themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access
and sites of interest are posted throughout the
heritage area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the purposes of the heritage area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the heritage area
in the preparation and implementation of the management plan;
(4) conduct Association meetings open to the public at
least semiannually regarding the development and implementation
of the management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the Association receives Federal funds under this
Act, setting forth its accomplishments, expenses, and income,
including grants to any other entities during the year for
which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and
other information pertaining to the expenditure of such funds;
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the heritage area; and
(8) maintain its headquarters at Morristown National
Historical Park and in Mercer County.
(b) Authorities.--The Association may, for the purposes of
preparing and implementing the management plan for the heritage area,
use Federal funds made available through this Act to__
(1) make grants to the State of New Jersey, its political
subdivisions, nonprofit organizations and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State of New Jersey, its political
jurisdictions, nonprofit organizations, and other interested
parties;
(3) hire and compensate staff which shall include
individuals with expertise in natural, cultural, historic
resources protection, and heritage programming;
(4) obtain money or services from any source, including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other activity that
furthers the purposes of the heritage area and is consistent
with the approved management plan.
(c) Prohibitions on the Acquisition of Real Property.--The
Association may not use Federal funds received under this Act to
acquire real property, but may use any other source of funding,
including other Federal funding, intended for the acquisition of real
property.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management plan for the heritage area shall--
(1) include comprehensive polices, strategies and
recommendations for conservation, funding, management, and
development of the heritage area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the natural, historic, and cultural resources of the
heritage area;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the heritage area in the first
5 years of implementation;
(5) include an inventory of the natural, historical,
cultural, educational, scenic and recreational resources of the
heritage area related to the themes of the heritage area that
should be preserved, restored, managed, developed, or
maintained;
(6) recommend policies and strategies for resource
management which consider and detail the application of
appropriate land and water management techniques including, but
not limited to, the development of intergovernmental and
interagency cooperative agreements to protect the heritage
area's natural, historical, cultural, educational, scenic and
recreational resources;
(7) describe a program of implementation for the management
plan including plans for resource protection, restoration,
construction, and specific commitments for implementation that
have been made by the Association or any government,
organization, or individual for the first 5 years of
implementation;
(8) include an analysis and recommendations for ways in
which local, State, and Federal programs, including the role of
the National Park Service in the heritage area, may best be
coordinated to further the purposes of this Act; and
(9) include an interpretive plan for the heritage area.
(b) Deadline and Termination of Funding.--
(1) Deadline.--The Association shall submit the management
plan to the Secretary for approval within 3 years after funds
are made available for this Act.
(2) Termination of funding.--Upon completion of the 3-year
period in this subsection, further funding pursuant to this Act
shall only be made available to the Association for the
implementation of the management plan upon approval by the
Secretary as provided in Section 7 of this Act.
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon the request of the
Association provide technical assistance on a reimbursable or
nonreimbursable basis and financial assistance to the heritage
area to develop and implement the approved management plan. The
Secretary is authorized to enter into cooperative agreements
with the Association and other public or private entities for
this purpose. In assisting the heritage area, the Secretary
shall give priority to actions that in general assist in--
(A) conserving the significant natural, historic,
cultural, and scenic resources of the heritage area;
and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the heritage area.
(2) Other assistance.--Upon request, the Superintendent of
Morristown National Historical Park may provide to public and
private organizations within the heritage area, including the
Association, such operational assistance as appropriate to
support the implementation of the management plan for the
heritage area, subject to the availability of appropriated
funds. The Secretary is authorized to enter into cooperative
agreements with public and private organizations for the
purpose of implementing this subsection.
(3) Preservation of historic properties.--The Secretary may
provide assistance to State or local government or nonprofit
organizations for appropriate treatment of historic objects or
structures listed or eligible for listing on the National
Register of Historic Places to further the purposes of this
Act.
(b) Approval and Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving the
management plan.
(2) Criteria for approval.--In determining to approve the
management plan, the Secretary shall consider whether--
(A) the Board of Directors of the Association is
representative of the diverse interests of the heritage
area including governments, natural and historic
resource protection organizations, education, business,
and recreation;
(B) the Association has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the heritage area;
and
(D) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise the
Association in writing of the reasons therefore and shall make
recommendations for revisions to the management plan. The
Secretary shall approve or disapprove a proposed revision
within 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and approved
in the same manner as provided for the original management
plan. The Association shall not use Federal funds authorized by
this Act to implement any amendments until the Secretary has
approved the amendments.
SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities directly
affecting the heritage area shall--
(1) consult with the Secretary and the Association with
respect to such activities;
(2) cooperate with the Secretary and the Association in
carrying out their duties under this Act and, to the maximum
extent practicable, coordinate such activities with the
carrying out of such duties; and,
(3) to the maximum extent practicable, conduct or support
such activities in a manner which the association determines
will not have an adverse effect on the heritage area.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of this Act not more than $1,000,000 for any fiscal year. Not
more than a total of $10,000,000 may be appropriated for the
Association under this Act.
(b) Matching Funds.--Federal funding provided under this Act may
not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this Act.
SEC. 10. SUNSET.
The authority of the Secretary to provide assistance under this
Act shall terminate on the day occurring 15 years after the date of the
enactment of the Act.
<all>