A bill to amend the Internal Revenue Code of 1986 to provide that dividend and interest income of individuals not be taxed at rates in excess of the maximum capital gains rate.
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Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S41)
January 7, 2003
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Introduced in Senate
January 7, 2003
Sponsor introductory remarks on measure. (CR S39-40)
January 7, 2003
Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S41)
January 7, 2003
Floor Debate
24 membersWhat members said about S. 26 on the floor
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Floor Debate
24 membersWhat members said about S. 26 on the floor
Mr. President, I rise today to join with my colleagues from Maine to introduce legislation to restore fairness to the Medicare program. This package of legislation will reduce regional inequalities…
Mr. President, I rise today to join with my colleagues from Maine to introduce legislation to restore fairness to the Medicare program. This package of legislation will reduce regional inequalities in Medicare spending and support providers of high-quality, low-cost Medicare services.
The high cost of health care in Wisconsin is skyrocketing: A survey issued a few days ago found that the cost of health care benefits for employees in this State rose 14.8 percent this year, to an average of $6,940 per employee. That's 20 percent high than the national average of $5,758 for workers in businesses with 500 or more employees.
These costs are hitting our State hard, they are burdening businesses and employees, hurting health care providers, and preventing seniors from getting full access to the care that they deserve.
One of the major contributing factors to the high cost in our state is the inherent unfairness of the Medicare Program.
With the guidance and support of people across our State who are fighting for Medicare fairness. I have proposed this legislation to address Medicare's discrimination against Wisconsin's seniors, employers and health care providers. The Medicare program should encourage the kind of high-quality, cost-effective Medicare services that we have in Wisconsin. But as many in Wisconsin know, that's not the case.
To give an idea of how inequitable the distribution of Medicare dollars is, imagine identical twins over the age of 65. Both twins worked at the same company all their lives, at the same salary, and paid the same amount to the Federal Government in payroll taxes, the tax that goes into the Medicare Trust Fund.
But if one twin retired to New Orleans, Louisiana, and the other retired to Eau Claire, Wisconsin, they would have vastly different health options under the Medicare system. The twin in Louisiana would get much more.
For example, in most parts of Louisiana, the first twin would have more options under Medicare. The high Medicare payments in those areas allow Medicare beneficiaries to choose between an HMO or traditional fee-for-service plan, and, because area health care providers are reimbursed at such a high rate, those providers can afford to offer seniors a broad range of health care services. The twin in Eau Claire does not have the same access to care, there are no options to choose from in terms of Medicare HMOs, and sometimes fewer health care agencies that can afford to provide care under the traditional fee-for- service plan.
How can two people with identical backgrounds, who paid the same amount in payroll taxes, have such different options under Medicare? They can because the distribution of Medicare dollars among the 50 States is grossly unfair to Wisconsin, and much of the Upper Midwest. Wisconsinites pay payroll taxes just like every American taxpayer, but the Medicare funds we get in return are lower than those received in many other states.
My legislation will take us a step in the right direction by reducing the inequities in Medicare payments to Wisconsin's hospitals, physicians, and skilled nursing facilities.
Last year, with the introduction my Medicare fairness legislation along with the efforts of many other Senators, we put Medicare fairness issues front and center in Congress. The Senate Budget Committee approved my amendment to promote Medicare fairness in any Medicare reform package. A wide range of Senators from both parties endorsed my proposal to create a Medicare fairness coalition. The House passed a number of Medicare fairness provisions that were a result of these successes, and both House and Senate leadership endorsed Medicare fairness issues. Now that we have finally brought these issues the attention that they deserve, we need to build on that momentum to pass Medicare fairness provisions into law.
My legislation demands Medicare fairness for Wisconsin and other affected States, plain and simple. Medicare shouldn't penalize high- quality providers of Medicare services, most of all. Medicare should stop penalizing seniors who depend on the program for their health care. They have worked had and paid into the program all their lives, and in return they deserve full access to the wide range of benefits that Medicare has to offer.
I look forward to working with my colleagues to move this legislation forward. I believe that we can re-balance the budget, while at the same time encouraging efficient, quality enhancing services, and that's what my legislation sets out to do.
Mr. President, I rise today with my colleague from Maine to introduce legislation to help businesses form group-purchasing cooperatives to obtain enhanced benefits, to reduce health care rates, and to improve quality for their employees' health care.
High health care costs are burdening businesses and employees across the Nation. These costs are digging into profits and preventing access to affordable health care. Too many patients feel trapped by the system, with decisions about their health dictated by costs rather than by what they need.
The cost of health care in Wisconsin is skyrocketing: A recent survey found that the cost of health benefits for employees in Wisconsin rose 14.8 percent this year, to an average of $6,940 per employee. That's 20 percent higher than the national average of $5,758 for workers in businesses with 500 or more employees.
We must curb these rapidly-increasing health care premiums. I strongly support initiatives to ensure that everyone has access to health care. It is crucial that we support successful local initiatives to reduce health care premiums and to improve the quality of employees' health care.
By using group purchasing to obtain rate discounts, some employers have been able to reduce the cost of health care premiums for their employees. According to the National Business Coalition on Health, there are more than 90 employer-led coalitions across the United States that collectively purchase health care. Through these pools, businesses are able to proactively challenge high costs and inefficient delivery of health care and share information on quality. These coalitions represent over 7,000 employers and approximately 34 million employees Nationwide.
Improving the quality of health care will also lower the cost of care. By investing in the delivery of quality health care, we will be able to lower long term health care costs. Effective care, such as quality preventive services, can reduce overall health care expenditures. Health purchasing coalitions help promote these services and act as an employer forum for networking and education on health care cost containment strategies. They can help foster a dialogue with health care providers, insurers, and local HMOs.
Health care markets are local. Problems with cost, quality, and access to health care are felt most intensely in the local markets. Health care coalitions can function best when they are formed and implemented locally. Local employers of large and small businesses have formed health care coalitions to track health care trends, create a demand for quality and safety, and encourage group purchasing.
In Wisconsin, there have been various successful initiatives that have formed health care purchasing cooperatives to improve quality of care and to reduce cost. For example, the Employer Health Care Alliance Cooperative, an employer-owned and employer-directed not-for-profit cooperative, has developed a network of health care providers in Dane County and 12 surrounding counties on behalf of its 170 member employers. Through this pooling effort, employers are able to obtain affordable, high-quality health care for their 110,000 employees and dependents.
This legislation seeks to build on successful local initiatives, such as the Alliance, that help businesses to join together to increase access to affordable and high-quality health care.
The Promoting Health Care Purchasing Cooperatives Act would authorize grants to a group of businesses so that they could form group- purchasing cooperatives to obtain enhanced benefits, reduce health care rates, and improve quality.
This legislation offers two separate grant programs to help different types of businesses pool their resources and bargaining power. Both programs would aid businesses to form cooperatives. The first program would help large businesses that sponsor their own health plans, while the second program would help small businesses that purchase their health insurance.
My bill would enable larger businesses to form cost-effective cooperatives that could offer quality health care through several ways. First, they could obtain health services through pooled purchasing from physicians, hospitals, home health agencies, and others. By pooling their experience and interests, employers involved in a coalition could better attack the essential issues, such as rising health insurance rates and the lack of comparable health care quality data. They would be able to share information regarding the quality of these services and to partner with these health care providers to meet the needs of their employees.
For smaller businesses that purchase their health insurance, the formation of cooperatives would allow them to buy health insurance at lower prices through pooled purchasing.
Also, the communication within these cooperatives would provide employees of small businesses with better information about the health care options that are available to them. Finally, coalitions would serve to promote quality improvements by facilitating partnerships between their group and the health care providers.
By working together, the group could develop better quality insurance plans and negotiate better rates.
Past health purchasing pool initiatives have focused only on cost and have tried to be all things for all people. My legislation creates an incentive to join the pools by giving grants to a group of similar businesses to form group-purchasing cooperatives. The pool are also given flexibility to find innovative ways to lower costs, such as enhancing benefits, for example, more preventive care, and improving quality. Finally, the cooperative structure is a proven model, which creates an incentive for businesses to remain in the pool because they will be invested in the organization.
We must reform health care in America and give employers and employees more options. This legislation, by providing for the formation of cost-effective coalitions that will also improve the quality of care, contributes to this essential reform process. I urge my colleagues to join me in cosponsoring this proposal to improve the quality and costs of health care.
Mr. President, I am pleased to re-introduce the Quality Cheese Act of 2003. This legislation will protect the consumer, save taxpayer dollars and provide support to America's dairy farmers, who have taken a beating in the marketplace in recent years.
When Wisconsin consumers have the choice, they will choose natural Wisconsin cheese. But the Food and Drug Administration, FDA, and the U.S. Department of Agriculture, USDA, may change current law, and consumers won't know whether cheese is really all natural or not.
If the Federal Government creates a loophole for imitation cheese ingredients to be used in U.S. cheese vats, some cheese labels saying ``domestic'' and ``natural'' will no longer be truly accurate.
If USDA and FDA allow a change in Federal rules, imitation milk proteins known as milk protein concentrate, casein, or dry ultra filtered milk could be used to make cheese in place of the wholesome natural milk produced by cows in Wisconsin or other part of the U.S.
I am deeply concerned by recent efforts to change America's natural cheese standard. This effort to allow milk protein concentrate and casein into natural cheese products flies in the face of logic and could create a loophole that could allow unlimited amounts of substandard imported milk proteins to enter U.S. cheese vats.
My legislation would close this loophole and ensure that consumers could be confident that they were buying natural cheese when they saw the natural label.
Over the past decade, cheese consumption has risen at a strong pace due in part to promotional and marketing efforts and investments by dairy farmers across the country. Year after year, per capita cheese consumption has risen at a steady rate.
Recent proposals to change to our natural cheese standards, however, could decrease consumption of natural cheese. These declines could result from concerns about the origin of casein and milk protein concentrate.
The addition of this kind of milk could significantly tarnish the wholesome reputation of natural cheese in the eyes of the consumer.
This change could seriously compromise decades of work by America's dairy farmers to build up domestic cheese consumption levels. It is simply not fair to America's farmers!
Consumers have a right to know if the cheese that they buy is unnatural. And by allowing milk protein concentrate milk into cheese, we are denying consumers the entire picture.
This legislation will require that labels paint the entire picture for the consumer, and allow them enough information to select cheese made from truly natural ingredients.
Allowing MPCs or dry ultra-filtered milk into natural cheeses would also harm dairy producers throughout the United States. Some estimate that the annual effect of the change on the dairy farm sector of the economy could be more than $100 million.
The proposed change to our natural cheese standard would also harm the American taxpayer. If we allow MPCs to be used in cheese, we will effectively permit unrestricted importation of these ingredients into the United States. Because there are no tariffs and quotas on these ingredients, these heavily-subsidized products would displace natural domestic dairy ingredients.
These unnatural domestic dairy products would enter our domestic cheese market and might further depress dairy prices paid to American dairy producers. Low dairy prices result in increased costs to the dairy price support program. So, at the same time that U.S. dairy farmers would receive lower prices, the U.S. taxpayer would pay more for the dairy price support program.
This change does not benefit the dairy farmer, consumer or taxpayer. Who then is it good for?
It would benefit only unscrupulous foreign MPC producers out to make a fast buck at the expense of Americans.
This legislation addresses the concerns of farmers, consumers and taxpayers by prohibiting dry ultra-filtered milk from being included in America's natural cheese standard.
Congress must shut the door on any backdoor efforts to stack the deck against America's dairy farmers. And we must pass my legislation that prevents a loophole that would allow changes that hurt the consumer, taxpayer, and dairy farmer.
Mr. President, I rise today to offer a measure which could serve as a first step towards eliminating the inequities borne by the dairy farmers of Wisconsin and the upper Midwest under the Federal Milk Marketing Order system.
The Federal Milk Marketing Order system, created nearly 60 years ago, establishes minimum prices for milk paid to producers throughout various marketing areas in the U.S. For sixty years, this system has discriminated against producers in the Upper Midwest by awarding a higher price to dairy farmers in proportion to the distance of their farms from Eau Claire, Wisconsin.
My legislation is very simple. It identifies the single most harmful and unjust feature of the current system, and corrects it. Under the current archaic law, the price for fluid milk increases depending on the distance from Eau Claire, Wisconsin, even though most local milk markets do not receive any milk from Wisconsin.
The bill I introduce today would prohibit the Secretary of Agriculture from using distance or transportation costs from any location as the basis for pricing milk, unless significant quantities of milk are actually transported from that location into the recipient market. The Secretary will have to comply with the statutory requirement that supply and demand factors be considered as specified in the Agricultural Marketing Agreement Act when setting milk prices in marketing orders. The fact remains that single-basing-point pricing simply cannot be justified based on supply and demand for milk both in local and national markets.
This bill also requires the Secretary to report to Congress on specifically which criteria are used to set milk prices. Finally, the Secretary will have to certify to Congress that the criteria used by the Department do not in any way attempt to circumvent the prohibition on using distance or transportation cost as basis for pricing milk.
This one change is so crucial to Upper Midwest producers, because the current system has penalized them for many years. The current system provides disparate profits for producers in other parts of the country and creating artificial economic incentives for milk production. As a result, Wisconsin producers have seen national surpluses rise, and milk prices fall. Rather than providing adequate supplies of fluid milk, the prices have led to excess production.
The prices have provided production incentives beyond those needed to ensure a local supply of fluid milk in some regions, leading to an increase in manufactured products in those marketing orders. Those manufactured products directly compete with Wisconsin's processed products, eroding our markets and driving national prices down.
The perverse nature of this system is further illustrated by the fact that since 1995 some regions of the U.S., notably the Central states and the Southwest, are producing so much milk that they are actually shipping fluid milk north to the Upper Midwest. The high fluid milk prices have generated so much excess production, that these markets distant from Eau Claire are now encroaching upon not only our manufactured markets, but also our markets for fluid milk, further eroding prices in Wisconsin.
The market-distorting effects of the fluid price differentials in Federal orders are manifest in the Congressional Budget Office estimate that eliminating the orders would save $669 million over five years. Government outlays would fall, CBO concludes, because production would fall in response to lower milk prices and there would be fewer government purchases of surplus milk. The regions that would gain and lose in this scenario illustrate the discrimination inherent to the current system. Economic analyses show that farm revenues in a market undisturbed by Federal orders would actually increase in the Upper Midwest and fall in most other milk-producing regions.
While this system has been around since 1937, the practice of basing fluid milk price differentials on the distance from Eau Claire was formalized in the 1960's, when the Upper Midwest arguably was the primary reserve for additional supplies of milk. The idea was to encourage local supplies of fluid milk in areas of the country that did not traditionally produce enough fluid milk to meet their own needs.
That is no longer the case. The Upper Midwest is not the primary source of reserve supplies of milk. Unfortunately, the prices didn't adjust with changing economic conditions, most notably the shift of the dairy industry away from the Upper Midwest and towards the Southwest, and specifically California, which now leads the Nation in milk production.
The result of this antiquated system has been a decline in the Upper Midwest dairy industry, not because it can't produce a product that can compete in the market place, but because the system discriminates against it. Today, Wisconsin loses dairy farmers at a rate of more than 5 per day. The Upper Midwest, with the lowest fluid milk prices, is shrinking as a dairy region despite the dairy-friendly climate
of the region. Other regions with higher fluid milk prices are growing rapidly.
In an free market with a level playing field, these shifts in production might be fair. But in a market where the government is setting the prices and providing that artificial advantage to regions outside the Upper Midwest, the current system is unconscionable.
I urge my colleagues to do the right thing and bring reform to this out dated system and work to eliminate the inequities in the current milk marketing order pricing system.
Mr. President, I rise to re-introduce a measure that will begin to restore democracy for dairy farmers throughout the Nation.
When dairy farmers across the country voted on a referendum four years ago, perhaps the most significant change in dairy policy in sixty years, they didn't actually get to vote. Instead, their dairy marketing cooperatives cast their votes for them.
This procedure is called ``bloc voting'' and it is used all the time. Basically, a Cooperative's Board of Directors decides that, in the interest of time, bloc voting will be implemented for that particular vote. It may serve the interest of time, but not always in the interest of their producer owner-members.
I do think that bloc voting can be a useful tool in some circumstances, but I have serious concerns about its use in every circumstance. Farmers in Wisconsin and in other states tell me that they do not agree with their Cooperative's view on every vote. Yet, they have no way to preserve their right to make their single vote count.
After speaking to farmers and officials at USDA, I have learned that if a Cooperative bloc votes, individual members simply have no opportunity to voice opinions separately. That seems unfair when you consider what significant issues may be at stake. Coops and their members do not always have identical interests. We shouldn't ask farmers to ignore that fact.
The Democracy for Dairy Producers Act of 2003 is simple and fair. It provides that a cooperative cannot deny any of its members a ballot if one or two or ten or all of the members chose to vote on their own.
This will in no way slow down the process at USDA; implementation of any rule or regulation would proceed on schedule. Also, I do not expect that this would often change the final outcome of any given vote. Coops could still cast votes for their members who do not exercise their right to vote individually. And to the extent that coops represent farmers interest, farmers are likely to vote along with the coops, but whether they join the coops or not, farmers deserve the right to vote according to their own views.
I urge my colleagues to return the democratic process to America's farmers, by supporting the Democracy for Dairy Producers Act.
Mr. President, today I am reintroducing legislation to eliminate from the Federal Tax Code percentage depletion allowances for hardrock minerals mined on Federal public lands. I am pleased that the Senator from Washington, Ms. Cantwell, is joining me as an original cosponsor.
President Clinton proposed the elimination of the percentage depletion allowance on public lands in his FY 2001 budget. President Clinton's FY 2001 budget estimated that, under this legislation, income to the Federal treasury from the elimination of percentage depletion allowances for hardrock mining on public lands would total $487 million over 5 years and $1.20 billion over 10 years. The Joint Committee on Taxation estimated that it would save $410 million over 5 years and $823 million over 10 years. These savings are calculated as the excess amount of Federal revenues above what would be collected if depletion allowances were limited to sunk costs in capital investments. Percentage depletion allowances are contained in the tax code for extracted fuel, minerals, metal and other mined commodities. These allowances have a combined value, according to estimates by the Joint Committee on Taxation, of $4.8 billion.
These percentage depletion allowances were initiated by the Corporation Excise Act of 1909. That's right, these allowances were initiated nearly one hundred years ago. Provisions for a depletion allowance based on the value of the mine were made under a 1912 Treasury Department regulation, but difficulty in applying this accounting principle to mineral production led to the initial codification of the mineral depletion allowance in the Tariff Act of 1913. The Revenue Act of 1926 established percentage depletion much in its present form for oil and gas. The percentage depletion allowance was then extended to metal mines, coal, and other hardrock minerals by the Revenue Act of 1932, and has been adjusted several times since.
Percentage depletion allowances were historically placed in the Tax Code to reduce the effective tax rates in the mineral and extraction industries far below tax rates on other industries, providing incentives to increase investment, exploration and output. Percentage depletion also makes it possible, however, to recover many times the amount of the original investment.
There are two methods of calculating a deduction to allow a firm to recover the costs of its capital investment: cost depletion, and percentage depletion. Cost depletion allows for the recovery of the actual capital investment, the costs of discovering, purchasing, and developing a mineral reserve, over the period during which the reserve produces income. Using cost depletion, a company would deduct a portion of its original capital investment minus any previous deductions, in an amount that is equal to the fraction of the remaining recoverable reserves. Under this method, the total deductions cannot exceed the original capital investment.
Under percentage depletion, however, the deduction for recovery of a company's investment is a fixed percentage of ``gross income,'' namely, sales revenue--from the sale of the mineral. Under this method, total deductions typically exceed, let me be clear on that point, exceed the capital that the company invested.
The rates for percentage depletion are quite significant. Section 613 of the U.S. Code contains depletion allowances for more than 70 metals and minerals, at rates ranging from 10 to 22 percent.
In addition to repealing the percentage depletion allowances for minerals mined on public lands, my bill would also create a new fund, called the Abandoned Mine Reclamation Fund. One fourth of the revenue raised by the bill, or approximately $120 million dollars, would be deposited into an interest bearing fund in the Treasury to be used to clean up abandoned hardrock mines in states that are subject to the 1872 Mining Law. The Mineral Policy Center estimates that there are 557,650 abandoned hardrock mine sites nationwide and the cost of clearing them up will range from $32.7 billion to $71.5 billion.
There are currently no comprehensive Federal or State programs to address the need to clean up old mine sites. Reclaiming these sites requires the enactment of a program with explicit authority to clean up abandoned mine sites and the resources to do it. My legislation is a first step toward providing the needed authority and resources.
In today's budget climate we are faced with the question of who should bear the costs of exploration, development, and production of natural resources: all taxpayers, or the users and producers of the resource? For more than a century, the mining industry has been paying next to nothing for the privilege of extracting minerals from public lands and then abandoning its mines. Now those mines are adding to the nation's environmental and financial burdens. We face serious budget choices this fiscal year, yet these subsidies remain persistent tax expenditures that raise the deficit for all citizens or shift a greater tax burden to
other taxpayers to compensate for the special tax breaks provided to the mining industry.
The measure I am introducing is fairly straightforward. It eliminates the percentage depletion allowance for hardrock minerals mined on public lands while continuing to allow companies to recover reasonable cost depletion.
Though at one time, there may have been an appropriate role for a government-driven incentive for enhanced mineral production, there is now sufficient reason to adopt a more reasonable depletion allowance that is consistent with depreciation rates given to other businesses.
The time has come for the Federal Government to get out of the business of subsidizing one business over another. We can no longer afford its costs in dollars or its cost to the health of our citizens. This legislation is one step toward the goal of ending these corporate welfare subsidies.
I ask unanimous consent the text of the legislation be printed in the Record.
Mr. President I rise today with my colleague from Maine to introduce legislation to help first responders do what they do so well, protect our communities in an emergency.
The Department of Homeland Security will create a massive shift in the Federal Government. Nobody will feel the impact of this shift more than the brave men and women who work in law enforcement, as firefighters, as rescue workers, as emergency medical service providers, and in capacities as first responders.
We must make sure that these first responders have the resources that they need.
While I commend the Administration for raising the funding dedicated to first responders in the President's budget, I am concerned that new layers of bureaucracy and reorganization could reduce these funding levels, or just as harmful, put up barriers to first responders actually receiving these funds.
The Federal agencies in the proposed Department of Homeland Security must listen to the priorities of our communities. After all, the needs of first responders vary between regions, as well as between rural and urban communities. In Wisconsin, I have heard needs ranging from training to equipment to more emergency personnel in the field, just to name a few.
My legislation would promote effective coordination among Federal agencies under the Department of Homeland Security and ensure that our first responders, our firefighters, law enforcement, rescue, and EMS providers, can help Federal agencies and the new Department of Homeland Security to improve existing programs and future initiatives.
It would first establish a Federal Liaison on Homeland Security in each state and coordinate between the Department of Homeland Security and state and local first responders.
This office would serve not only as an avenue to exchange ideas, but also as a resource to ensure that the funding and programs are effective.
For example, my hope is that the Homeland Security Department will make programs such as the Fire Act a high priority. The Fire Act provides grants directly to fire departments across our nation for training and equipment needs. I recently visited one excellent example of this program in West Allis, Wisconsin, where the Department received a grant in 2001 to implement a wellness and fitness program for their firefighters. I am told that it is one of the first departments in the State to meet the goals of this program, and I commend the department for its efforts.
My legislation would also direct the agencies within the Department of Homeland Security to coordinate and prioritize their activities that support first responders, and at the same time, ensure effective use of taxpayer dollars.
As part of this coordination, the First Responders Support Act establishes a new advisory committee of those in the first responder community to identify and streamline effective programs.
Last year, both the original Senate and House homeland security bills lacked the provisions needed to ensure that the new Department of Homeland Security communicates and coordinates effectively with first responders.
During the Senate Governmental Affairs Committee mark-up of the Homeland Security bill, the Committee added our First Responders Support Act to the legislation. They did so knowing that we would have to reconcile the overlap between our legislation and the language in the Chairman's mark creating an office for state and local government coordination. Our amendment, which was approved by the full Senate, did just that. Unfortunately, our proposal was dropped from the final bill during backroom negotiations.
Because of this omission, I promised to make enacting this legislation one of our top priorities this Congress. That's why we are re-introducing this legislation today.
We must be aggressive in seeking the advice of our first responders, and helping them get the resources that they need to provide effective services. They are on the front lines, and deserve our strong support.
In almost any disaster, the local first responders and health care providers play an indispensable role. If the Department of Homeland Security is to be effective, we need to ensure that the resources are delivered to the front line personnel in an effective and coordinated manner. I urge my colleagues to join me in cosponsoring this proposal and support our first responders.
Mr. President, today I am reintroducing legislation that would terminate the operation of the Navy's Extremely Low Frequency communications system, Project ELF, which is located in Clam Lake, WI, and Republic, MI.
I would like to thank the senior Senator from Wisconsin, Mr. Kohl, and the Senator from Oregon, Mr. Wyden, for cosponsoring this bill.
Project ELF is a Cold War relic that was designed to send short one- way messages to ballistic and attack submarines that are submerged in deep waters. The bill that I am introducing today would terminate operations at Project ELF, while maintaining the infrastructure in Wisconsin and Michigan in the event that a resumption in operations becomes necessary.
Project ELF is ineffective and unnecessary in the post-Cold War era. This antiquated system does not facilitate the rapid mobilization that our military says it needs to respond to current threats from weapons of mass destruction. The horrific attacks of September 11, 2001, emphasized the need for rapid, reliable two-way communications. Since ELF cannot transmit detailed messages, it serves as an expensive ``beeper'' system to tell submarines to come to the surface to receive messages from other sources, and the subs cannot send a return message to ELF in the event of an emergency. It takes ELF four minutes to send a three-letter message to a deeply submerged submarine.
With the end of the Cold War, Project ELF becomes harder and harder to justify. Our submarines no longer need to take that extra precaution against Soviet nuclear forces. They can now surface on a regular basis with less danger of detection or attack. They can also receive more complicated messages through very low frequency, VLF, radio waves or lengthier messages through satellite systems. Taxpayers should not be asked to continue to pay for what amounts to a beeper system that tells our submarines to come to the surface to receive orders from another, more sophisticated source.
Further, continued operation of this facility is opposed by most residents in my state. The members of the Wisconsin delegation have fought hard for years to close down Project ELF. I have introduced legislation during each Congress since taking office in 1993 to terminate it, and I have recommended it for closure to the Base Realignment and Closure Commission.
Project ELF has had a turbulent history. Since the idea for ELF was first proposed in 1958, the project has been changed or canceled several times. Residents of Wisconsin have opposed ELF since its inception, but for years we were told that the national security considerations of the Cold War outweighed our concerns about this installation in our State. Ironically, this system became fully operational in 1989, the same year the tide of democracy began to sweep across Eastern Europe and the Soviet Union. Now, fourteen years later, the hammer and sickle has fallen and the Russian submarine fleet is in disarray. But Project ELF still remains as a constant, expensive reminder to the people of my State that many at the Department of Defense remain focused on the past.
There also continue to be a number of public health and environmental concerns associated with Project ELF. For almost two decades, we have received inconclusive data on this project's effects on Wisconsin and Michigan residents. In 1984, a U.S. District Court ordered that ELF be shut down because the Navy paid inadequate attention to the system's possible health effects and violated the National Environmental Policy Act. Interestingly, that decision was overturned because U.S. national security, at the time, prevailed over public health and environmental concerns.
Numerous medical studies point to a possible link between exposure to extremely low frequency electromagnetic fields and a variety of human health effects and abnormalities in both animal and plant species.
In 1999, after six years of research, the National Institute of Environmental Health Sciences released a report that did not prove conclusively a link between electromagnetic fields and cancer, but the report did not disprove it, either. Serious questions remain, and many of my constituents are rightly concerned about this issue.
In addition, I have heard from a number of dairy farmers who are convinced that the stray voltage associated with ELF transmitters has demonstrably reduced milk production. As we continue our efforts to return to a sustainable balanced federal budget, and as the Department of Defense continues to struggle to address readiness and other concerns, it is clear that outdated programs such as Project ELF should be closed down.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, I am pleased to reintroduce legislation that would put an end to automatic cost-of-living adjustments for Congressional pay.
As my Colleagues are aware, it is an unusual thing to have the power to raise our own pay. Few people have that ability. Most of our constituents do not have that power. And that this power is so unusual is good reason for the Congress to exercise that power openly, and to exercise it subject to regular procedures that include debate, amendment, and a vote on the record.
Regrettably, current law permits Members to avoid such an open procedure. All that is necessary for Congress to get a pay raise is that nothing be done to stop it. Unless Congress affirmatively acts, the annual pay raise takes effect.
This stealth pay raise technique began with a change Congress enacted in the Ethics Reform Act of 1989. In section 704 of that Act, Members of Congress voted to make themselves entitled to an annual raise equal to half a percentage point less than the employment cost index, one measure of inflation.
On occasion, Congress has voted to deny itself the raise. Traditionally, this has been done on the Treasury-Postal appropriations bill. But that vehicle is not always made available to those who want a public debate and vote on the matter. In one instance, the Treasury- Postal bill was slipped into the conference report on the Legislative Branch appropriations bill, and thus completely shielded from amendment. And during 2002, the Senate did not consider the Treasury- Postal bill at all.
This makes getting a vote on the annual congressional pay raise a haphazard affair at best. And it should not be that way. No one should have to force a debate and public vote on the pay raise. On the contrary, Congress should have to act if it decides to award itself a hike in pay. This process of pay raises without accountability must end.
The question of how and whether Members of Congress can raise their own pay was one that our Founders considered from the beginning of our Nation. In August of 1789, as part of the package of 12 amendments advocated
by James Madison that included what has become our Bill of Rights, the House of Representatives passed an amendment to the Constitution providing that Congress could not raise its pay without an intervening election. Almost 214 years ago, on September 9, 1789, the Senate passed that amendment. In late September of 1789, Congress submitted the amendments to the States.
Although the amendment on pay raises languished for two centuries, in the 1980s, a campaign began to ratify it. While I was a member of the Wisconsin State Senate, I was proud to help ratify the amendment. Its approval by the Michigan legislature on May 7, 1992, gave it the needed approval by three-fourths of the States.
The 27th Amendment to the Constitution now states: `No law, varying the compensation for the services of the senators and representatives, shall take effect, until an election of representatives shall have intervened.''
I try to honor that limitation in my own practices. In my own case, throughout my 6-year term, I accept only the rate of pay that Senators receive on the date on which I was sworn in as a Senator. And I return to the Treasury any additional income Senators get, whether from a cost-of-living adjustment or a pay raise we vote for ourselves. I don't take a raise until my bosses, the people of Wisconsin, give me one at the ballot box. That is the spirit of the 27th Amendment. The stealth pay raises like the one that Congress allowed last year, at a minimum, certainly violate the spirit of that amendment.
This practice must end. To address it, I am reintroducing this bill to end the automatic cost-of-living adjustment for Congressional pay. Senators and Congressmen should have to vote up-or-down to raise Congressional pay. My bill would simply require us to vote in the open. We owe our constituents no less.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I am introducing a measure aimed at curbing wasteful spending. In the face of our return to Federal deficits, we must prioritize and eliminate programs that can no longer be sustained with limited Federal dollars, or where a more cost- effective means of fulfilling those functions can be substituted. The measure that I introduce today eliminates or modifies three Federal programs: it establishes a means test for large agribusinesses receiving subsidized water from the Bureau of Reclamation, it terminates the Uniformed Services University of the Health Sciences, USUHS, a medical school run by the Department of Defense, and it ends the future production of submarine launched D5 missiles, commonly known as the Trident II missiles. Eliminating or reforming these three programs would save the taxpayers in excess of $8 billion over ten years.
The irrigation means test provision is drawn from legislation that I that have sponsored in previous Congresses to reduce the amount of Federal irrigation subsidies received by large agribusiness interests. I believe that reforming Federal water pricing policy by reducing subsidies is important as a means to achieve our broader objectives of achieving a truly balanced budget. This legislation is also needed to curb fundamental abuses of reclamation law that cost the taxpayer millions of dollars every year.
In 1901, President Theodore Roosevelt proposed legislation, which came to be known as the Reclamation Act of 1902, to encourage development of family farms throughout the western United States. The idea was to provide needed water for areas that were otherwise dry and give small farms, those no larger than 160 acres, a chance, with a helping hand from the Federal Government, to establish themselves. According to a 1996 General Accounting Office report, since the passage of the Reclamation Act, the Federal Government has spent $21.8 billion to construct 133 water projects in the west which provide water for irrigation. Agribusinesses, and other project beneficiaries, are required under the law to repay to the Federal Government their allocated share of the costs of constructing these projects.
As a result of the subsidized financing provided by the Federal Government, however, some of the beneficiaries of Federal water projects repay considerably less than their full share of these costs. According to the 1996 GAO report, agribusinesses generally receive the largest amount of Federal financial assistance. Since the initiation of the irrigation program in 1902, construction costs associated with irrigation have been repaid without interest. The GAO further found, in reviewing the Bureau of Reclamation's financial reports, that $16.9 billion, or 78 percent, of the $21.8 billion of Federal investment in water projects is considered to be reimbursable. Of the reimbursable costs, the largest share, $7.1 billion, is allocated to irrigation interests. GAO also found that the Bureau of Reclamation will likely shift $3.4 billion of the debt owed by agribusinesses to other users of the water projects for repayment.
There are several reasons why large agribusinesses continue to receive such significant subsidies. Under the Reclamation Reform Act of 1982, Congress acted to expand the size of the farms that could receive subsidized water from 160 acres to 960 acres. The RRA of 1982 expressly prohibits farms that exceed 960 acres in size from receiving federally- subsidized water. These restrictions were added to the Reclamation law to close loopholes through which Federal subsidies were flowing to large agribusinesses rather than the small family farmers that Reclamation projects were designed to serve. Agribusinesses were expected to pay full cost for all water received on land in excess of their 960 acre entitlement.
Despite the express mandate of Congress, regulations promulgated under the Reclamation Reform Act of 1982 have failed to keep big agricultural water users from receiving Federal subsidies. The General Accounting Office and the Inspector General of the Department of the Interior continue to find that the acreage limits established in law are circumvented through the creation of arrangements such as farming trusts. These trusts, which in total acreage well exceed the 960 acre limit, are comprised of smaller units that are not subject to the reclamation acreage cap. These smaller units are farmed under a single management agreement often through a combination of leasing and ownership.
The Department of the Interior has acknowledged that these trusts do exist. Interior published a final rulemaking in 1998 to require farm operators who provide services to more than 960 nonexempt acres westwide, held by a single trust or legal entity or any combination of trusts and legal entities to submit RRA forms to the district(s) where such land is located. Water districts are now required to provide specific information about farm operators to Interior annually. This information is an important step toward enforcing the legislation that I am reintroducing today.
My legislation combines various elements of proposals introduced by other members of Congress to close loopholes in the 1982 legislation and to impose a $500,000 means-test. This new approach limits the amount of subsidized irrigation water delivered to any operation in excess of the 960 acre limit which claimed $500,000 or more in gross income, as reported on its most recent IRS tax form. If the $500,000 threshold were exceeded, an income ratio would
be used to determine how much of the water should be delivered to the user at the full-cost rate, and how much at the below-cost rate. For example, if a 961 acre operation earned $1 million dollars, a ratio of $500,000, the means-test value, divided by its gross income would determine the full cost rate. Thus the water user would pay the full cost rate on half of their acreage and the below-cost rate on the remaining half.
This means-testing proposal was featured in the 2000 Green Scissors report. This report is compiled annually by Friends of the Earth and Taxpayers for Common Sense and supported by a number of environmental, consumer and taxpayer groups. The premise of the report is that there are a number of subsidies and projects that could be cut to both reduce the deficit and benefit the environment. The Green Scissors recommendation on means-testing water subsidies indicates that if a test is successful in reducing subsidy payments to the highest grossing 10 percent of farms, then the Federal Government would recover between $440 million and $1.1 billion per year, or at least $2.2 billion over five years.
When countless Federal programs are subjected to various types of means-tests to limit benefits to those who truly need assistance, it makes little sense to continue to allow large business interests to dip into a program intended to help small entities struggling to survive. Taxpayers have legitimate concerns when they learn that their hard- earned tax dollars are being expended to assist large corporate interests in select regions of the country, particularly in tight budgetary times.
The second element of my bill will help our Armed Services obtain physician services at a more reasonable cost by terminating the Uniformed Services University of the Health Sciences, USUHS. The measure is one I proposed when I ran for the U.S. Senate, and was part of a larger, 82-point plan to reduce the Federal budget deficit. The most recent estimates of the Congressional Budget Office, CBO, project that terminating the school would save $273 million over the next five years, and when completely phased-out, would generate $450 million in savings over five years.
USUHS was created in 1972 to meet an expected shortage of military medical personnel. Today, however, USUHS accounts for only a small fraction of the military's new physicians, less than 12 percent in 1994, according to CBO. This contrasts dramatically with the military's scholarship program, which provided over 80 percent of the military's new physicians in that year.
What is even more troubling is that USUHS is also the single most costly source of new physicians for the military. CBO reports that based on figures from 1995, each USUHS trained physician costs the military $615,000. By comparison, the scholarship program cost about $125,000 per doctor, with other sources providing new physicians at a cost of $60,000. As CBO has noted, even adjusting for the lengthier service commitment required of USUHS trained physicians, the cost of training them is still higher than that of training physicians from other sources, an assessment shared by the Pentagon itself. Indeed, CBO's estimate of the savings generated by this measure also includes the cost of obtaining physicians from other sources.
The House of Representatives has voted to terminate this program on several occasions, joining others, ranging from the Grace Commission to the CBO, in raising the question of whether this medical school, which graduated its first class in 1980, should be closed because it is so much more costly than alternative sources of physicians for the military.
The real issue we must address is whether USUHS is essential to the needs of today's military structure, or if we can do without this costly program. The proponents of USUHS frequently cite the higher retention rates of USUHS graduates over physicians obtained from other sources as a justification for continuation of this program, but while a greater percentage of USUHS trained physicians may remain in the military longer than those from other sources, the Pentagon indicates that the alternative sources already provide an appropriate mix of retention rates. Testimony by the Department of Defense before the Subcommittee on Force Requirements and Personnel noted that the military's scholarship program meets the retention needs of the services.
And while USUHS provides only a small fraction of the military's new physicians, relying primarily on these other sources has not compromised the ability of military physicians to meet the needs of the Pentagon. According to the Office of Management and Budget, of the approximately 2,000 physicians serving in Desert Storm, only 103, about 5 percent, were USUHS trained.
USUHS has some dedicated supporters in the U.S. Senate, and I realize that there are legitimate arguments that those supporters have made in defense of this institution. The problem, however, is that the Federal Government cannot afford to continue every program that provides some useful function, especially when such services can be procured elsewhere.
The final provision of my legislation terminates another wasteful defense program, the continued production of new Trident II submarine- launched ballistic missiles. Trident submarines, and the deadly submarine-launched ballistic missiles they carry, were designed specifically to attack targets inside the Soviet Union from waters off the continental United States.
Let me say at the outset that this provision would in no way prevent the Navy from maintaining the current arsenal of Trident II missiles. Nor would it affect those Trident II missiles that are currently in production.
The Navy currently has ten Trident II submarines, each of which carries 24 Trident II, D5, missiles. Each of these missiles contains eight independently targetable nuclear warheads, for a total of 192 warheads per submarine. Each warhead packs between 300 to 450 kilotons of explosive power.
By way of comparison, the first atomic bomb that the United States dropped on Hiroshima generated 15 kilotons of force. Let's do the math for just one fully-equipped Trident II submarine. Each warhead can generate up to 450 kilotons of force. Each missile has eight warheads, and each submarine has 24 missiles. That equals 86.4 megatons of force per submarine. That means that each Trident II submarine carries the power to deliver devastation which is the equivalent of 5,760 Hiroshimas.
And that is just one fully equipped submarine. As I noted earlier, the Navy currently has ten such submarines.
Through fiscal year 2003, the Navy will have been authorized to purchase 408 Trident II missiles for these submarines. Even taking into account the 86 Trident II missiles that have been expended in testing through calendar year 2002, the Navy will still have 322 missiles in stock once those authorized to be purchased during FY2003 are completed.
The Navy needs 240 missiles to fully equip ten Trident II submarines with 24 missiles each. That leaves 82 ``extra'' missiles in the Navy's inventory. And the Navy still plans to buy at least 132 more missiles over the next two years, for a total purchase of 540 missiles. My bill would terminate production of these missiles after the currently authorized 408, saving taxpayers $6.6 billion over the next ten years.
The tragic events of September 11, 2001, and the recent resumption of nuclear activities by North Korea, serve as chilling reminders that there is still a potential threat from rogue states, and from independent operators such as al-Qaeda, who seek to acquire ballistic missiles and other weapons of mass destruction. I also recognize that our submarine fleet and our arsenal of strategic nuclear weapons still have an important role to play in warding off these threats. Their role, however, has diminished dramatically from what it was at the height of the Cold War. Our missile procurement decisions should reflect that change and should reflect the realities of the post-Cold War world.
Our current ballistic missile capability is far superior to that of any other county on the globe. And the capability of the Russian military, the very force which these missiles were designed to counter, is seriously degraded.
We should not be buying more Trident II missiles at a time when the governments of the United States and Russia have signed the Moscow Treaty, which calls for deep reductions in our nuclear forces. To spend scarce resources on building more missiles now
is short-sighted and could seriously undermine our efforts to negotiate further arms reductions with Russia.
In conclusion, the time has come to rethink our Federal budget priorities, and to redirect needed funds appropriately. Eliminating or reforming these three programs will go a long way to doing just that, and I urge Congress to act swiftly to save money for the taxpayers. I ask unanimous consent that the text of this legislation be printed in the Record.
Mr. President, today I am introducing a private relief bill on behalf of Donald C. Pence of Stanford, NC, for compensation for the failure of the Department of Veterans Affairs to pay dependency and…
Mr. President, today I am introducing a private relief bill on behalf of Donald C. Pence of Stanford, NC, for compensation for the failure of the Department of Veterans Affairs to pay dependency and indemnity compensation to Kathryn E. Box, the now-deceased mother of Donald C. Pence. It is rare that a Federal agency admits a mistake. In this case, the Department of Veterans Affairs has admitted that a mistake was made and explored ways to permit payment under the law, including equitable relief, but has found no provisions authorizing the Department to release the remaining benefits that were unpaid to Mrs. Box at the time of her death. My bill would correct this injustice, and I urge my colleagues to support this measure.
I ask unanimous consent that the text of my bill be printed in the Record.
Mr. President, today I rise to introduce legislation which would amend the Internal Revenue Code of 1986 to allow Cooperative Housing Corporations, co-ops, to convert to condominium forms of ownership.
Under current law, a conversion from a cooperative shareholding to condominium ownership is taxable at a corporate level as well as an individual level. The conversion is treated as a corporate liquidation, and therefore taxed accordingly. In addition, a capital gains tax is levied on any increase between the owner's basis in the co-op share pre-conversion and the market value of the condominium interest post- conversion. This double taxation dissuades condominium conversion because the owner is being taxed on the transaction which is nothing more than a change in the form of ownership. While the Internal Revenue Service concedes that there are no discernable advantages to society of the cooperative form of ownership, they do not view Federal tax statutes as providing sufficient flexibility with which to address the obstacles of conversion.
Cooperative housing organizes the ownership structure into a corporation, with shares of stock for each apartment unit, which are sold to buyers. The corporation then issues a proprietary lease entitling the owner of the stock to the use of the unit in perpetuity. Because the investment is in the form of a share of stock, investors sometimes lose their entire investment as a result of debt incurred by the corporation in construction and development. In addition, due to the structure of a cooperative housing corporation, a prospective purchaser of shares in the corporation from an existing tenant- stockholders has difficulty obtaining mortgage financing for the purchase. Furthermore, tenant-stockholders of cooperative housing also encounter difficulties in securing bank loans for the full value of their investment.
As a result, owners of cooperative housing are increasingly looking toward conversion to the condominium structure of ownership. Condominium ownership permits the owner of a unit to own the unit itself, eliminating the cooperative housing dilemma of corporate debt that supersedes the investment of cooperative housing share owners, and other financial concerns.
The legislation I introduce today will remove the penalty of double taxation from the conversion of cooperative housing to condominium ownership, and will greatly benefit co-op owners across the nation. The bill does not apply to cooperatives which have been or are now being financed by any Federal, State, or local programs for the purpose of assisting in the construction of affordable housing cooperatives or the conversion of rental units to affordable housing cooperatives. I urge my colleagues' consideration of and support for this measure.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, today I am reintroducing a bill which is of great importance to a group of patriotic Americans. This legislation is designed to extend space-available travel privileges on military aircraft to those who have been totally disabled in the service of our country.
Currently, retired members of the Armed Forces are permitted to travel
on a space-available basis on non-scheduled military flights within the continental United States, and on scheduled overseas flights operated by the Military Airlift Command. My bill would provide the same benefits for veterans with 100 percent service-connected disabilities.
We owe these heroic men and women who have given so much to our country a debt of gratitude. Of course, we can never repay them for the sacrifices they have made on behalf of our Nation, but we can surely try to make their lives more pleasant and fulfilling. One way in which we can help is to extend military travel privileges to these distinguished American veterans. I have received numerous letters from all over the country attesting to the importance attached to this issue by veterans. Therefore, I ask that my colleagues show their concern and join me in saying ``thank you'' by supporting this legislation.
I ask unanimous consent that the text of my bill be printed in the Record.
Mr. President, today I am reintroducing legislation to enable those former prisoners of war who have been separated honorably from their respective services and who have been rated as having a 30 percent service-connected disability to have the use of both the military commissary and post exchange privileges. While I realize it is impossible to adequately compensate one who has endured long periods of incarceration at the hands of our Nation's enemies, I do feel this gesture is both meaningful and important to those concerned because it serves as a reminder that our Nation has not forgotten their sacrifices.
I ask unanimous consent that the text of my bill be printed in the Record.
Mr. President, today I rise to introduce the Physical and Occupational Therapy Education Act of 2003. This legislation will increase educational opportunities for physical therapy and occupational therapy practitioners in order to meet the growing demand for the valuable services they provide in our communities.
Several factors contribute to the present need for federal support in this area. The rapid aging of our Nation's population, the demands of the AIDS crisis, increasing emphasis on health promotion and disease prevention, and the growth of home health care has increased the demand for physical and occupational therapy services. This demand has exceeded our ability to educate an adequate number of physical therapists and occupational therapists. In addition, technological advances are allowing injured and disabled individuals to survive conditions that would have proven fatal in past years.
An inadequate number of physical therapists has led to an increased reliance on foreign-educated, non-immigrant temporary workers who enter the U.S. as H-1B visa holders. The U.S. Commission on Immigration Reform has identified physical therapy and occupational therapy as having the highest number of H-1B visa holders in the United States, second only to computer specialists.
In addition to the shortage of practitioners, a shortage of faculty impedes the expansion of established education programs. The critical shortage of doctoral-prepared occupational therapists and physical therapists has resulted in a depleted pool of potential faculty. This bill would assist in the development of qualified faculty by giving preference to grant applicants seeking to develop and expand post- professional programs for the advanced training of physical and occupational therapists.
The legislation I introduce today would provide necessary assistance to physical and occupational therapy programs throughout the country. The investment we make will help reduce America's dependence on foreign labor and create highly-skilled, high-wage employment opportunities for American citizens.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, today I introduce legislation to authorize the autonomous functioning of clinical psychologists and clinical social workers within the Medicare comprehensive outpatient rehabilitation facility program.
In my judgment, it is unfortunate that Medicare requires clinical supervision of the services provided by certain health professionals and does not allow them to function to the full extent of their State practice licenses. Those who need the services of outpatient rehabilitation facilities should have access to a wide range of social and behavioral science expertise. Clinical psychologists and clinical social workers are recognized as independent providers of mental health care services under the Federal Employee Health Benefits Program, the Civilian Health and Medical Program of the Uniformed Services, the Medicare, Part B, Program, and numerous private insurance plans. This legislation will ensure that these qualified professionals achieve the same recognition under the Medicare comprehensive outpatient rehabilitation facility program.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, today I introduce the Nursing School Clinics Act of 2003. This measure builds on our concerted efforts to provide access to quality health care for all Americans by offering grants and incentives for nursing schools to establish primary care clinics in underserved areas where additional medical services are most needed. In addition, this measure provides the opportunity for nursing schools to enhance the scope of student training and education by providing firsthand clinical experience in primary care facilities.
Primary care clinics administered by nursing schools are university or nonprofit primary care centers developed mainly in collaboration with university schools of nursing and the communities they serve. These centers are staffed by faculty and staff who are nurse practitioners and public health nurses. Students supplement patient care while receiving preceptorships provided by college of nursing faculty and primary care physicians, often associated with academic institutions, who serve as collaborators with nurse practitioners. To date, the comprehensive models of care provided by nursing clinics have yielded excellent results, including significantly fewer emergency room visits, fewer hospital inpatient days, and less use of specialists, as compared to conventional primary health care.
This bill reinforces the principle of combining health care delivery in underserved areas with the education of advanced practices nurses. To accomplish these objectives, Title XIX of the Social Security Act would be amended to designate that the services provided in these nursing school clinics are reimbursable under Medicaid. The combination of grants and the provision of Medicaid reimbursement furnishes the financial incentives for clinic operators to establish the clinics.
In order to meet the increasing challenges of bringing cost-effective and quality health care to all Americans, we must consider a wide range of proposals, both large and small. Most importantly, we must approach the issue of health care with creativity and determination, ensuring that all reasonable avenues are pursued. Nurses have always been an integral part of health care delivery. The Nursing School Clinics Act of 2003 recognizes the central role nurses can perform as care givers to the medically underserved.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, today I am introducing legislation to amend Title XVIII of the Social Security Act to correct discrepancies in the reimbursement of clinical social workers covered through Medicare, Part B. The three proposed changes contained in this legislation clarify the current payment process for clinical social workers and establish a reimbursement methodology for the profession that is similar to other health care professionals reimbursed through the Medicare program.
First, this legislation sets payment for clinical social worker services according to a fee schedule established by the Secretary. Second, it explicitly states that services and supplies furnished by a clinical social worker are a covered Medicare expense, just as these services are covered for other mental health professionals in Medicare. Third, the bill allows clinical social workers to be reimbursed for services provided to a client who is hospitalized.
Clinical social workers are valued members of our health care provider network. They are legally regulated in every state of the nation and are recognized as independent providers of mental health care throughout the health care system. It is time to correct the disparate reimbursement treatment of this profession under Medicare.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, I am introducing legislation today to amend Title VII of the Public Health Service Act to establish a psychology post-doctoral program.
Psychologists have made a unique contribution in reaching out to the Nation's medically underserved populations. Expertise in behavioral science is useful in addressing grave concerns such as violence, addiction, mental illness, adolescent and child behavioral disorders, and family disruption. Establishment of a psychology post-doctoral program could be an effective way to find solutions to these issues.
Similar programs supporting additional, specialized training in traditionally underserved settings have been successful in retaining participants to serve the same populations. For example, mental health professionals who have participated in these specialized federally funded programs have tended not only to meet their repayment obligations, but have continued to work in the public sector or with the underserved.
While a doctorate in psychology provides broad-based knowledge and mastery in a wide variety of clinical skills, specialized post-doctoral fellowship programs help to develop particular diagnostic and treatment skills required to respond effectively to underserved populations. For example, what appears to be poor academic motivation in a child recently relocated from Southeast Asia might actually reflect a cultural value of reserve rather than a disinterest in academic learning. Specialized assessment skills enable the clinician to initiate effective treatment.
Domestic violence poses a significant public health problem and is not just a problem for the criminal justice system. Violence against women results in thousands of hospitalizations a year. Rates of child and spouse abuse in rural areas are particularly high, as are the rates of alcohol abuse and depression in adolescents. A post-doctoral fellowship program in the psychology of the rural populations could be of special benefit in addressing these problems.
Given the demonstrated success and effectiveness of specialized training programs, it is incumbent upon us to encourage participation in post-doctoral fellowships that respond to the needs of the nation's underserved.
I ask unanimous consent that the text of this bill be printed in the Record.
Mr. President, all too often we find that our Nation's civilian employees of the Federal Government who have been forcibly detained or interred by a hostile government do not receive the recognition they deserve. My bill would correct this inequity and provide a prisoner of war medal for such citizens.
I ask unanimous consent that the text of my bill be printed in the Record.
Mr. President, today I am introducing a private relief bill on behalf of Jim K. Yoshida, to obtain recognition of his service with the U.S. military in Korea so that he may obtain veteran's status.
I ask unanimous consent that the text of my bill be printed in the Record.
Mr. President, I rise to introduce the Filipino Veterans' Benefits Improvement Act of 2003 to give our country the opportunity to right a wrong committed decades ago by providing Philippine-born veterans of World War II, who served in the United States Armed Forces, their hard-earned, due compensation.
The Philippines became a United States possession in 1898, when it was ceded from Spain following the Spanish-American War. In 1934, the Congress enacted the Philippine Independence Act, Public Law 73-127, which provided a 10-year time frame for the independence of the Philippines. Between 1934 and final independence in 1946, the United States retained certain powers over the Philippines, including the right to call all military forces organized by the newly-formed Commonwealth government into the service of the United States Armed Forces.
On July 26, 1941, President Roosevelt issued an Executive Order calling members of the Philippine Commonwealth Army into the service of the United States Armed Forces of the Far East. Under this order, Filipinos were entitled to full veterans' benefits. More than 100,000 Filipinos volunteered for the Philippine Commonwealth Army and fought alongside the United States Armed Forces.
Shortly after Japan's surrender, Congress enacted the Armed Forces Voluntary Recruitment Act of 1945 for the purpose of sending American troops to occupy enemy lands, and to oversee military installations at various overseas locations.
A provision included in the Recruitment Act called for the enlistment of Philippine citizens to constitute a new body of scouts. The New Philippine Scouts were authorized to receive pay and allowances for services performed throughout the Western Pacific. Although hostilities had ceased, wartime service of the New Philippine Scouts continued as a matter of law until the end of 1946.
Despite their sacrifices, on February 18, 1946, Congress betrayed these veterans by enacting the Rescission Act of 1946 and declaring the service performed by the Philippine Commonwealth Army veterans as not ``active service,'' thus denying many benefits to which these veterans were entitled.
On May 27, 1946, the Congress enacted the Second Supplemental Surplus Appropriations Rescission Act, which included a provision to limit veterans' benefits provided to Filipinos. This provision duplicated the language that had eliminated veterans' benefits under the First Rescission Act, and placed similar restrictions on veterans of the New Philippine Scouts. Thus, the Filipino veterans who fought in the service of the United States during World War II were precluded from receiving most veterans' benefits that had been available to them before 1946, and that are available to all other veterans of our armed forces regardless of race, national origin, or citizenship status.
The Congress tried to rectify the wrong committed against the Filipino veterans of World War II by amending the Nationality Act of 1940, to grant the veterans the privilege of becoming United States citizens for having served in the United States Armed Forces of the Far East. The law expired at the end of 1946, but not before the United States had withdrawn its sole naturalization examiner from the Philippines for a nine-month period. This
effectively denied Filipino veterans the opportunity to become citizens during this nine-month window. Forty-five years later, under the Immigration Act of 1990, certain Filipino veterans who had served during World War II became eligible for United States citizenship. Between November, 1990, and February, 1995, approximately 24,000 veterans took advantage of this opportunity and became United States citizens.
Although progress has been made, we must, as a nation, correct fully the injustice caused by the Rescission Acts by providing equal treatment for the service and sacrifice by these brave men. The Filipino Veterans' Benefits Improvement Act of 2003 will compensate eligible veterans by providing a number of needed benefits: Dependency and Indeminity Compensation to surviving widows of service-connected veterans living in the United States; a payment increase to New Philippine Scouts and survivors residing in the United States from 50 percent to the full dollar amount for service-connected disability compensation; authorization of non-service connected disability pensions for veterans residing in the Philippines, but at a rate of $100 per month, which matches the amount of the veterans' pension received by them from the Philippine government; access to veterans hospitals for non-service connected disabled veterans in the same manner as United States veterans; and $500,000 per year to the Outpatient Clinic in Manila.
Heroes should never be forgotten or ignored, so let us not turn our backs on those who sacrificed so much. Many of the Filipinos who fought so hard for our nation have been honored with American citizenship, but let us now work to repay all of these brave men for their sacrifices by providing them the veterans' benefits they have earned.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. Speaker, we gather here for a well-deserved tribute to our troops in the Middle East. Yet just before this, we were debating the President's budget which cruelly cut $25 billion of veterans…
Mr. Speaker, we gather here for a well-deserved tribute to our troops in the Middle East. Yet just before this, we were debating the President's budget which cruelly cut $25 billion of veterans benefits, including disabled veterans. Is this how Republicans would honor those who have made great sacrifices in defense of our country? Is that how they would boost the morale of our current troops? Every major veterans organization has denounced these cuts as unconscionable, but now the pending business before us is a little bit different.
So I rise to reject these efforts to piggyback support for President Bush's dangerous policies on to a simple, but deserved, resolution supporting our troops. I trust the American people to see through this attempt to coerce endorsement of his ``preventive war'' doctrine.
I fully support our troops and offer my prayers for their safe return. I am an Army veteran myself; I care deeply about their well- being. And precisely for that reason, I cannot in good conscience vote for tonight's resolution, a carefully crafted document to force endorsement of President Bush's doctrine of preventive war, allowing him to attack countries whenever or wherever he chooses. I will not provide support for such a dangerous doctrine.
For years to come, it will unnecessarily put current and future members of our Armed Forces in harm's way, even when our national security is not really threatened.
Mr. Speaker, President Bush is about to unleash the dogs of war. He has set the clock ticking toward an unprecedented barrage of destruction dropped on a city of 6 million human beings. The barrage is oddly named the days of ``shock and awe.'' All Americans who hold human life precious should watch the clock run down, not with ``awe'' but with fear and trembling. The sad truth is that we are lurching towards an unnecessary war that President Bush seems determined to launch.
Apparently, therefore, the brave young men and women of our Armed Forces are about to head into harm's way. We all offer them our support as they try to do their duty, and we send our prayers for their safe return. But we must also be faithful to our duty, a duty entrusted exclusively to the Congress by our Founding Fathers. That is the solemn duty to decide whether the United States should go to war.
The Constitution's framers emphatically entrusted that decision to the Congress alone. They were adamant that the Executive not play a role--although once war began the Executive is the Commander-in-Chief to implement that decision. The Framers were so intent on excluding the President that they rejected an offer to share the power to declare war between the Congress and the Executive.
I know that President Bush, and many of my colleagues believe that the Congress properly authorized war against Iraq last Fall, pursuant to Article 1, Section 8 of the Constitution. I respectfully disagree. We have not performed our duty yet. Last fall Congress enacted a resolution that generally authorized the president to fight terrorism and to seek enforcement of previous U.N. Resolutions on Iraq. But in reality, that resolution bucked the duty constitutionally conferred on Congress to the President. It let the President decide to choose when and where and against whom to start a war. In short, it dodged the decision and sought to delegate an authority that may not be delegated.
The administration's supporters argue that legal precedents allow the Congress to provide an authorization of war that is functionally equivalent to the now rarely-used formal Declaration of War. That entirely misses the point. It is not the format which is at issue; it is ``who decides?''
It was clear, at that time, from the congressional debate, from Executive Branch statements, and from the resolution itself that the diplomatic route would be pursued first, by going through the U.N. Subsequently, in response to a broad national consensus, the U.S. spearheaded U.N. Security Council passage of Resolution 1441 that imposed a new inspection regime. In other words, it was clear last fall that the decision of whether to declare war was being put off for a later date.
In the months since then, it has become increasingly clear that the decision on going to war would turn on two crucial assessments. The first would be an assessment of the results of that inspection program.
The second assessment, and the ultimate judgment, would require weighing the implications of the inspection results and other information about what threat Iraq poses to the U.S. against the full costs--fiscal, diplomatic, casualties and increased terrorism--of going to war. Clearly these are not military judgments for a Commander-in- Chief. They are precisely the kind of complex national policy judgments that the Founding Fathers conferred on the Congress in matters of war and peace.
Yet in the present circumstances, the Congress has abdicated any role in that fateful decision. The entire world has been riveted on whether the American President would decide to declare war against Iraq. President Bush has brazenly told journalists and Members of Congress alike that it is his decision, and his decision alone. This is a perversion of the Constitution.
Even if one argues that Congress properly exercised its constitutional duties, and that the President thereby has all necessary authority to start a war the fundamental questions remain. ``Why war?'' ``Why now?'' And most importantly, ``Will waging war in Iraq make us more secure or less secure?''
Bush's war would have disastrous consequences for every American. War is about devastation, destruction and death. The American people are not bloodthirsty. We want war only if our country is in imminent danger. Otherwise, a war's human and economic costs are too great. The human devastation of death, injury and destruction is obvious. In addition, it will rob us of resources urgently needed by America's working families and less fortunate.
Even in terms of national security, an all-out war will rob Americans of hundreds of billions of dollars needed for the first line of defense in homeland security, on which we have made far too little progress since the tragedy of 9/11. As the President repeats his unverified mantra of ``threats to national security,'' cities across this land are laying off police, firemen, and emergency medical services teams--the so-call ``first responders'' to any new terrorist attack. They must do so because this Administration's ``first response'' to empty city treasuries across America has been one word: ``Tough.''
This is not merely a partisan spat, nor a Washington insiders' policy dispute. The citizens' crusade to stop an immoral war in Iraq has been nothing less than a noble struggle for our Nation's soul. Thus far, that struggle has not succeeded. But we will not give up. We must commit ourselves to stopping hostilities and re-weaving the torn fabric of international organizations with the same dedication and urgency with which we strove to stop segregation and the Vietnam war, and finally brought our Government to its senses.
President Bush repeatedly insists that for him ``war is a last resort.'' But his actions reveal that war was really his first choice, all along. His attempts to make it politically palatable by badgering, bullying and bribing countries into a counterfeit coalition have been a mere fig leaf transparent to the entire world.
President Bush has failed to present compelling evidence that Iraq currently is a threat to our national security. One rationale after another has been disproved. The President, Vice President and Secretary of Defense have presented a kaleidoscope of ever-changing rationale as they tried to stay one jump ahead of ``truth squads'' exposing their disinformation--at the U.N., among skeptical Members of Congress and the media, and even in their own intelligence agencies.
Americans have readily borne the burden of war when attacked or actually threatened. But America cannot, in good conscience, start a war so costly in blood and treasure simply on the basis of circumstantial evidence and speculation that, sometime in the unspecified future, Iraq may present an actual threat to the U.S.
Bush's war against Iraq is:
A war that will devastate a country of 26 million and cause damage that will take years to undo;
A war that will see many American casualties, and that could fracture our fragile economy;
A war that will destabilize the Middle East;
A war that will swell the ranks of terrorist recruits;
A war that will weaken our fight against terrorism, at home and abroad, and that will cost billions of dollars desperately needed for programs in Detroit and other cities;
A war that will set a terrible precedent, in a world of growing numbers of nuclear states, for any country to launch a preventive war against opponents deemed a possible future threat; and
A war not really wanted by the American people, our military commanders or our allies.
Worst of all, it is a war that, as the CIA admits, will only make it more likely that Saddam would unleash whatever unconventional weapons he does have against our troops, Israel and our other allies. There is no evidence Saddam seeks to commit suicide. We deterred him from using weapons of mass destruction during Desert Storm. If he faces destruction, however, Saddam may well seek to play Sampson and pull down the Temple for lethal revenge.
Last weekend, several of the Nation's leading newspapers seemed to suddenly discover all of these grave costs of war in Iraq. Article after article reported with an air of sudden discovery that:
The war would drastically increase the likelihood of Saddam's using weapons of mass destruction;
That it would almost certainly escalate dramatically terrorist attacks against Americans;
That many U.S. military commanders feared it would undermine the real war against terrorism;
That their could be extensive casualties among innocent Iraqi civilians; and
That, even following a quick ``military victory'' against Saddam, we could be mired in
an Iraqi quicksand of tribal feuds and guerrilla warfare for years.
I took cold comfort from the irony of the media's belated ``discoveries.'' It would have been far more useful to their readers if the media had discovered this costly side of the war ledger months earlier. Instead, like the Administration, most media coverage focused only on whether, absent other concerns, it was desirable to prevent Saddam's pursuit of armaments and remove his regime--as if there were no competing costs on the other side of the ledger to be carefully weighed in deciding whether war would be a net plus for America.
There is still time for President Bush to avoid starting the wrong war, in the wrong place, at the wrong time. There is still time--but precious little time--for the American people to speak out against a war that few of them support. If the war commences, there is time for it to be brought to a rapid end and areversion to diplomatic efforts and enhanced inspections.
We should remember the warning of General Anthony Zinni. A distinguished Marine Commandant and head of U.S. Central Command, which guards the Middle East, Zinni reminded us that military commanders know the full horrors of war and hesitate to plunge ahead unless the national interest is clearly at stake. On the other hand, Zinni warned, those who have never worn a uniform or seen combat often are the quickest to beat the drums of war.
Those are harsh words. The administration will condemn whoever utters them as partisan and unpatriotic--just as the Johnson White House condemned King's questioning of Vietnam. The Bush team has already spread that slander, in order to stop erosion of support for the war as the public learns the truth. Are the military veterans and retired generals opposed to this war unpatriotic? Are families of those who were killed on 9/11 and who oppose this war partisan? That is outrageous.
I know many of my colleagues have in good faith been convinced that Iraq is a threat to us now. But they have been the target of a Niagara of propaganda, especially the Vice President's early insistence that Saddam was involved in 9/11 and that Saddam had nuclear weapons now-- both of which claims have long been disavowed by our intelligence community. Many other assertions and premises used by the administration to ``market their product,'' in the revealing phrase of the White House Chief of staff, have crumbled under close scrutiny.
I would ask my colleagues who support the war to reconsider their view in light of these facts:
Almost the entire world is strongly against this war; this includes the majority of the citizens of even those countries formally part of the ``coalition'';
Every major city in America has gone on record against this war;
The U.S. Conference of Catholic Bishops, almost every major Protestant denomination, the American Labor movement and the NAACP are against this war;
Leading retired U.S. military commanders such as General Zinni, and General Schwarzkopf--in his original unvarnished views--have voiced opposition to this war;
Numerous active duty generals have told reporters off the record of their concerns about a war against Iraq; and
General Scowcroft, who was also President George Herbert Walker Bush's National Security Advisory is against this war.
And all of this opposition has arisen even before the war has started--an unprecedented phenomenon in human history. In view of these facts, I ask whether it is just possible that there is something amiss with the President's premises with his logic, and with his rejection of further effort to resolve the issues peacefully.
I urge my colleague to reflect on these powerful facts and join me in pressing President Bush to find another way--to follow the path of peace. As the Bible teaches, ``Blessed are the Peacemakers.''
Mr. President, I rise today to introduce a bill on behalf of myself and Senator Daschle to remedy some problems in landmark legislation passed at the end of the last Congress, and signed into law by…
Mr. President, I rise today to introduce a bill on behalf of myself and Senator Daschle to remedy some problems in landmark legislation passed at the end of the last Congress, and signed into law by President Bush, to establish a Department of Homeland Security. The legislation we are offering today would strike seven extraneous special interest provisions inserted into the Homeland Security Act by Republican leadership in the bill's waning hours, provisions that are contrary to the bipartisan spirit in which the Homeland Security Act was conceived.
Since the days following September 11, 2001, when terrorists viciously took the lives of 3,000 of our friends, family and fellow Americans, I have advocated establishing a Department of Homeland Security to beat the terrorist threat. Senator Arlen Specter, and I initially proposed creating a new department in October 2001. Our measure was not just bipartisan. It was in fact intended to be nonpartisan.
Unfortunately, some partisan battles did ensue, primarily regarding longstanding civil service protections for homeland security workers, and I remain very concerned about the potential impact of these provisions. Nevertheless, the final bill was, for the most part, a critical, well-constructed piece of legislation that incorporated the majority of the provisions approved by the Governmental Affairs Committee, and which an overwhelming majority of the Senate embraced.
In some very specific ways, however, the bill was flawed. In the final stages of passing the bill, the Republican leadership hastily inserted several special interest provisions that had no place in this measure. Most of these provisions had never been in any version of the legislation before the Senate before they were presented in a take-it- or-leave-it package by Republicans, and several had not been considered by either chamber. The method and spirit in which these provisions found their way into what should have been a consensus piece of legislation was utterly objectionable and Senator Daschle and I made an effort to remove them at the time. That effort narrowly failed, but not before news of these special interest provisions had created great consternation for Democrats and the public, and even for some Republicans. Indeed, according to numerous published reports, the Republican leadership was able to muster the votes to preserve the provisions only after promising to revisit at least some of the most egregious additions during this session of Congress.
I believe that the seven extraneous provisions my legislation targets hurt the Homeland Security Act as it was finally passed by the Congress and signed by the President. And I believe that, by attaching these measures to what could have and should have been a common cause, the Republican leadership all but admitted that the provisions cannot withstand independent scrutiny. Following are the provisions my bill would strike.
First, perhaps the most egregious add-on to the Homeland Security Act
was a provision that dramatically alters the way certain vaccine preservatives are treated for liability purposes under the law. To quickly summarize this very complicated issue, children who are hurt by childhood vaccines generally may not go directly to court to hold vaccine manufacturers liable. Instead, they have to go first to what's called the Federal Vaccine Injury Compensation Program, which offers compensation for some of these claims. Parents argued, however, that the bar on lawsuits didn't use to apply to claims regarding faulty vaccine additives.
These seemingly arcane legal distinctions were particularly important to a large number of parents of autistic children who have attributed their children's autism to thimerosal, a mercury-based preservative that used to be in some childhood vaccines. These parents sued the manufacturers of both vaccines and thimerosal, and they had many lawsuits pending in the courts as of last Fall.
If you are wondering what any of this has to do with Homeland Security, you are doing exactly what we all did last November when in the waning days of debate on the Homeland Security bill, a provision addressing this issue appeared for the very first time in any version of the bill. That provision fundamentally altered the way vaccine additive claims would be treated from then on. With the swoop of a pen, the pending additive lawsuits against both vaccine and additive manufacturers were thrown out of court and, the provision's supporters alleged, sent into the compensation fund.
As I said last Fall, I don't know whether there is any relationship between thimerosal and autism. I also don't know whether these cases really should be resolved in court or through the compensation fund. But I do know that figuring out where and how to resolve these claims is a very contentious, complex and challenging task, and is just one part of addressing broader problems with the vaccine compensation system. For example, the vaccine compensation fund's viability may be affected by the addition of claims regarding these additives. I also know that it is an issue that the committees of jurisdiction had been struggling with for a long time and that they should have been left to resolve. And I certainly know that a last second addition to the Homeland Security Act was absolutely the wrong way to deal with this issue and the wrong bill to use to take so many injured parents' and children's legal rights away. Indeed, we know that even more now, as it has become clear that while the provision closed the courthouse door to autistic children, it apparently didn't open the compensation fund window as its supporters said it would--because it didn't make the changes to either the fund's statute of limitations or to governing tax code provisions that would be necessary to obtain access to the fund for these cases.
The bottom line is that this was a wrong and poorly conceived provision to put in the Homeland Security bill--something I thought even the Republican leadership acknowledged when they were forced to make promises to get rid of this provision in order to save their bill. We should scrap it now, and let the committee of jurisdiction undertake a careful review and, I hope, get it right this time.
My legislation would also strike from the Act a measure that requires the Transportation Security Oversight Board to ratify within 90 days emergency security regulations issued by the Transportation Security Agency. If the oversight board does not ratify the regulations, they would automatically lapse. Despite the TSA having decided that they are necessary, 90 days later, lacking the board's approval, they'd disappear.
This doesn't make any sense. In the current climate, shouldn't we be trying to find new ways to expedite and implement TSA rules, not always to disrupt and derail them? This provision is contrary to new procedures that the Senate passed in 2001 in the aviation security bill. Under that law, regulations go into effect and remain in effect unless they are affirmatively disapproved by the Board. I think that's a better system.
Another provision would extend liability protection to companies that provided passenger and baggage screening in airports on September 11.
But we in the Senate decided against extending such liability protection in at least two different contexts. First, the airline bailout bill limited the liability of the airlines, but not of the security screeners, due to ongoing concerns about their role leading up to September 11. Then, the conference report on the Transportation Security bill extended the liability limitations to others who might have been the target of lawsuits, such as aircraft manufacturers and airport operators, but again not to the baggage and passenger screeners.
Like that little mole you hit with the mallet in a whack-a-mole game, somehow this provision reappeared in the Homeland Security Act. We must strike it.
Another unnecessary and overreaching provision I seek to strike gives the Secretary of the new department broad authority to designate certain technologies as so-called ``qualified antiterrorism technologies.'' His granting of this designation, which appears to be unilateral, and probably not subject to review by anyone, would entitle companies selling that technology to broad liability protection from any claim arising out of, relating to, or resulting from an act of terrorism, no matter how negligently, or even wantonly and willfully, the company acted.
This provision seems to say that in many cases, the plaintiff can't recover anything from the seller unless an injured plaintiff can prove that the seller of the product that injured him or her acted fraudulently or with willful misconduct in submitting information to the Secretary when the Secretary was deciding whether to certify the product.
Even in cases where a seller isn't entitled to the benefit of that protection, the company still isn't fully, or in many cases even partially, responsible for its actions, even if it knew there was something terribly wrong with its product. Perhaps worst of all, this measure caps the seller's liability at the limits of its insurance policy. In other words, if injured people were lucky enough to get through the first hurdle and even hold a faulty seller liable, they still could go completely uncompensated even if a liable seller has more than enough money to compensate them.
The Homeland Security Act unwisely and unnecessarily allows the Secretary to exempt the new department's advisory committees from the open meetings requirements and other requirements of the Federal Advisory Committee Act, FACA.
Agencies throughout government make use of advisory committees that function under these open meetings requirements. Existing law is careful to protect discussions and documents that involve sensitive information, in fact, the FACA law currently applies successfully to the Department of Defense, the Department of Justice, the State Department, even the secretive National Security Agency.
So why should the Department of Homeland Security be allowed to exempt its advisory committees from its requirements? Why should its advisory committees be allowed to meet in total secret with no public knowledge?
We all say that we're for ``good government,'' for openness, integrity, and accountability. But as it now stands, few of us will be able to say with confidence that the new department's advisory committees are designed to be as independent, balanced, and transparent as possible. I know full well that the Homeland Security Department will deal with sensitive information involving life and death, but so does the National Security Agency. So does the FBI. So does the Department of Defense. Their advisory committees aren't allowed to hide themselves away from the public.
Finally, our legislation would alter a provision in the Act creating a university-based homeland security research center. Now, I have nothing against creating a university research center focused on homeland security.
But there's a problem with this particular provision as it is written. The research center that it would create is described so narrowly, through 15 specific criteria, that it appears Texas A&M University has the inside track, to say the least, to get the funding and house the center.
Science in this country has thrived over the years because, by and large,
Congress has refused to intervene in science decisions. Science has thrived through peer review and competition over the best proposals-- which are fundamentals of federal science policy. We are violating them here. This is nothing short of ``science pork.''
When it comes to making these research funding decisions, we need a playing field that's truly level, not one that only looks level when you tilt your head.
Our legislation keeps the university-based science center program. However, it removes the highly-specific criteria that appear to direct it to a particular university. That's the way we'll get the best science, not by making Congressional allocations to particular institutions.
I'm extremely pleased we have created a Department of Homeland Security and plan to do everything I can to help ensure its success. But these flaws are real. They are serious. And they are utterly unnecessary. I ask unanimous consent that the text of the bill be printed in the Record.
Mr. Speaker, I offer a concurrent resolution (H. Con. Res. 104) expressing the support and appreciation of the Nation for the President and the members of the Armed Forces who are participating in…
Mr. Speaker, I offer a concurrent resolution (H. Con. Res. 104) expressing the support and appreciation of the Nation for the President and the members of the Armed Forces who are participating in Operation Iraqi Freedom, and ask unanimous consent for its immediate consideration pursuant to the following order:
Debate on the concurrent resolution shall be limited to 2 hours, equally divided and controlled by myself and the gentleman from Missouri (Mr. Skelton), and the previous question shall be considered as ordered on the concurrent resolution to final adoption, without intervening motion or demand for a division of the question.
Mr. Speaker, will the gentleman yield?
Mr. Speaker, is the gentleman asking me if I am aware that the other body passed a resolution?
Yes.
That is true.
If the gentleman will yield further, yes, we would be open to including it.
Mr. Speaker, I would retract that and tell the gentleman that I would not be open to that. Would the gentleman yield further?
If the gentleman will continue to yield, Mr. Speaker, I just want to advise the gentleman that I read not only the resolution that was offered by the other body in 1991, but
also our resolution. We had a different resolution at that point, also.
I would just say to the gentleman that I think that the Members of this body have made a very fine statement, a very heartfelt statement commending our troops. I think it says the right thing. I applaud the gentleman for other things that he would like to see in a resolution. I think reasonable minds can differ.
I would hope that the gentleman would, in the spirit of bipartisan support for people that wear the uniform of the United States, not ask us to have precisely the same words as the other body, and simply spend a few minutes and go home. I would hope the gentleman would allow us to have our own resolution to express our own heartfelt support for those people, and let this body work its will.
No.
If the gentleman will continue to yield, Mr. Speaker, let me just say to the gentleman that we have some excellent commendations in this particular resolution.
Let me finish my statement, if I might.
We commend the President as Commander in Chief. That is something we did in 1991. Under the Constitution, he leads this military force. We commend the Members of the United States Armed Forces. We commend the families. We give them our sincere gratitude and appreciation.
I would think that any Member reading this resolution, and I would ask all Members to read it since the gentleman has called it into question, would agree that this resolution is an excellent resolution, and that it does all the things that we want to do. It would lead us all to wonder why the gentleman somehow wants it to say something else or follow some other example. It does not make a lot of sense.
I will look forward to that.
Mr. Speaker, I just want to say to the gentleman and to the gentleman who just spoke, there are hundreds of thousands of Americans in uniform putting themselves in very difficult positions for our freedom tonight. If they are watching this procedure, they are probably wondering, what in the heck are those guys doing? We have a commending vehicle.
I guess what I am saying is the answer is no to the gentleman from Ohio.
If the gentleman will continue to yield, Mr. Speaker, first, that restates the President's letter.
Second, a second point I would make to the gentleman is that we have been working, Democrats and Republicans, to put this resolution together. My colleague, the ranking member of the Committee on Armed Services, has been working on it. The gentleman's leadership has been working on it. The product that we have before us is a product of both sides.
I would just say to the gentleman if he has a disagreement with it and he thinks that it does not state his position, I would urge the gentleman to take time in this debate in the next several hours and explain his position; but nonetheless, let the rest of us in this House work our will and give our commendation to the troops. Obviously, we would all write it differently.
I look forward to the gentleman's statement.
Mr. Speaker, I yield myself such time as I may consume.
As I rise today, this country is embarked on a very noble endeavor. Last evening, military forces of the United States and our coalition allies commenced military operations to liberate the country of Iraq.
This is indeed a historic moment. Operation Iraqi Freedom marks the culmination of nearly 13 years of U.S. action in Iraq. Commencing with Iraq's invasion of Kuwait on August 2, 1990, through Operations Desert Shield and Desert Storm, through the coalition enforcement of the northern and southern no-fly zones, to Operation Desert Fox and beyond, the United States and our allies have for over a decade been required to deal with the deceit, brutality and duplicity of Saddam Hussein, both diplomatically and militarily.
Today Saddam's moment of truth has arrived. The path to his downfall began
when the Congress passed and President Clinton signed the Iraq Liberation Act of 1998, making it the policy of this Nation to support efforts to remove Saddam's regime from power and to promote a democratic government in Iraq. It continued last fall when Congress passed and President Bush signed House Joint Resolution 114 authorizing the use of military force in Iraq should it become necessary.
Since the passage of that resolution, President Bush has undertaken herculean efforts to avoid a conflict. The President aggressively pursued the unanimous passage of U.N. Security Council Resolution 1441, calling for Iraq to disarm or face grave consequences. Subsequently, the President has exhausted every diplomatic means available to make the United Nations Security Council enforce 1441 to no avail.
Today, the time for diplomacy has passed.
Mr. Speaker, the resolution before us today does three things. First, it expresses the support and appreciation of our Nation to the President for his firm leadership and decisive action in the conduct of the military operations currently underway in Iraq. It is because of his wisdom and judgment that Iraq will soon be a free Nation, a Nation without weapons of mass destruction, a Nation that will become a full and peaceful participant in the international community.
Second, this resolution expresses the support and appreciation of a Nation to our men and women in uniform. A few short weeks ago, the gentleman from Missouri (Mr. Skelton) and I brought forward H.J. Res. 27 commending the members of our Armed Forces and their families for the dedication to duty and service to country that they demonstrate each and every day around the world. Today we bring forward this resolution to show our support, admiration and thanks for the nearly 230,000 soldiers, sailors, airmen, marines and coast guardsmen who are participating in Operation Iraqi Freedom. Because of their dedication and devotion to duty, Operation Iraqi Freedom will be a success.
Finally, this resolution expresses support for the families who wait at home for their loved ones who have undertaken this mission. Without the love and support of the families, our military personnel could not focus on the serious task at hand in Iraq, and I want to express a special thanks to the families of those serving in Operation Iraqi Freedom. Their sacrifice will not be in vain.
Mr. Speaker, I urge my colleagues to show our support for our men and women in uniform by supporting this resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 2 minutes to respond to my friend from Missouri.
Mr. Speaker, I want to commend the gentleman from Missouri (Mr. Skelton) and all the members of our Committee on Armed Services, Republican and Democrat, who work every day to support the people in uniform who are protecting American freedom around the world.
Mr. Speaker, this great instrument of freedom, our Armed Forces, have saved the world and liberated hundreds of millions of people in three major conflicts, World War I, World War II and, of course, the Cold War that involved several smaller wars, smaller battles, that I call Vietnam and Korea, and we have liberated hundreds of millions of people.
The real product of our Army and our Navy and our Marine Corps and our Air Force is freedom, and shortly we are going to be liberating 23 million more people, Mr. Speaker.
Mr. Speaker, in that great book about Korea, it was called the Bridges of Toko-Ri, by James Michener, if my colleagues have read that book, watched that movie, they may recall that the hero was a carrier pilot, flew out and hit a set of bridges in Toko-Ri that they had gone after day after day and lost a lot of people, and in the end that pilot did not come back. The commander of that carrier air group stood on the deck of the carrier when it was clear he would not return and neither would those people who were sent out to rescue him, and he asked, where does America get these people who will join the U.S. Armed Forces and put themselves in a very dangerous position, in this case go off on a mission, fly into enemy territory, hit a very heavily defended target and come back and try to find that little postage stamp called an American aircraft carrier? Then he answered his own question: They come from the cities and the towns and the villages of this country, and they always have, and as long as they continue to come, we are going to be a free Nation.
Mr. Speaker, one of those people comes from Shelbina, Missouri.
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Cunningham), who was the top gun in Vietnam, nominated for the Congressional Medal of Honor, and a guy whose heart always travels with people that wear the uniform of the United States.
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. DeLay), the majority leader.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Lewis), chairman of the appropriations Subcommittee on Defense and a guy who works every day on behalf of folks in uniform.
Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Bartlett), who is the chairman of the Subcommittee on Projection Forces.
Mr. Speaker, I yield 2 minutes to the gentleman from South Carolina (Mr. Wilson).
Mr. Speaker, I yield 2 minutes to the gentleman from Tennessee (Mr. Wamp).
(Mr. WAMP asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 2 minutes to the gentleman from Nevada (Mr. Gibbons), who was a fighter pilot in the Persian Gulf and in Vietnam.
(Mr. GIBBONS asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I want to thank the gentleman from Rhode Island (Mr. Langevin) for his great service to the Committee on Armed Services.
I yield 3 minutes to the gentleman from Virginia (Mr. Schrock), another gentleman with great military expertise.
Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. Isakson).
Mr. Speaker, I yield 2 minutes to the gentleman from Minnesota (Mr. Kline), a gentleman with great experience in the U.S. Marine Corps.
Mr. Speaker, I yield 4 minutes to the gentleman from Georgia (Mr. Collins).
Mr. Speaker, I thank the gentleman from New Jersey (Mr. Andrews) for his great work on the committee.
Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Gilchrest), who was a distinguished Marine rifleman in Vietnam.
Mr. Speaker, I yield 2 minutes to the gentleman from New Mexico (Mr. Pearce).
(Mr. PEARCE asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 3 minutes to the gentlewoman from Colorado (Mrs. Musgrave), who has a son in the United States Navy.
Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Burgess).
(Mr. BURGESS 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 just say to the gentleman from Missouri (Mr. Skelton) and ranking member on the Committee on Armed Services, that I would hope that the gentleman would discourage Members like the Member who just spoke from using this time when we are supposed to be commending our troops from demeaning other Members of this House.
I yield to the gentleman from Maryland.
Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. Burns).
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Mr. President, officially, the Congress that ended in December was the 107th Congress. But history will almost surely record it as the September 11th Congress. From the moment the first plane hit the…
Mr. President, officially, the Congress that ended in December was the 107th Congress. But history will almost surely record it as the September 11th Congress. From the moment the first plane hit the first tower until the last moments of the lameduck session, helping America recover from that horrific day, bringing its plotters to justice and making changes to protect America from future terrorist attacks dominated the Senate's agenda.
We continued that work--even as we confronted unprecedented challenges in the Senate: anthrax, the rise of new threats to our Nation, and the loss of our friend and colleague, Paul Wellstone.
Through tragic and historic events, the 107th Senate under Democratic control produced a number of important legislative accomplishments: aviation security and counterterrorism legislation; the toughest corporate accountability law since the SEC was created in 1934; the most far-reaching campaign finance reforms since Watergate; the most significant overhaul of Federal education policies since 1965; and a new farm bill to replace the failed Freedom to Farm Act.
However, other important legislation fell victim to special-interest arm-twisting, and the other party's unwillingness to compromise on their proposals, or even consider ours. We saw that on proposals to dedicate greater resources to homeland security, a Medicare prescription drug benefit, and a real, enforceable patients' bill of rights.
The proposals we are introducing today recognize that the American people have real concerns about their security, and that Republicans and the Bush administration have not done enough to address those concerns.
But they also recognize that security means more than national security, and homeland security. It means economic security, retirement security, and the security of knowing that our children are getting a good education, and that, if you get sick, health care is available and affordable. It means giving people who work fulltime the security of knowing they can earn a decent wage--whether they work on a farm, in a factory, or at a fast-food restaurant. It is the security of knowing that our air is safe to breathe and our water is safe to drink, that America is living up to its commitment to civil rights, and that we are keeping our promises to our veterans.
Democrats are committed to tackling terrorism abroad, and making our country more secure.
One of our first priorities will be to make Americans safer by enhancing protections for our ports, borders, food and water supplies, and chemical and nuclear plants.
We are introducing a bill to commit real resources to doing all of those things, and to hiring more police and first responders and providing them the tools and training to do the difficult jobs we are now asking them to do.
We also recognize that national strength also depends on economic strength, and in the last 2 years, America's economy has weakened. In the coming weeks, we will put forward our ideas for how best to stimulate the economy in the short term.
But, in the long term, one of the most important things we can do is give people greater confidence that their private pensions will be there for them. That is why another of our leadership bills is one to strengthen pension protections, expand pension coverage, and crack down on rogue corporations.
It has been said that almost every problem any society faces can be solved with two things: good health, and a good education--and we have bills in each of those areas.
The Right Start for Children Act makes Head Start fully available for 4- and 5-year-olds, and increases availability for infants and toddlers. It will help improve childcare quality, make childcare more affordable for 1 million additional children, and strengthen child nutrition programs to reduce child hunger.
The Educational Excellence for All Learners Act builds on that foundation by improving education every step of the way--from kindergarten, to college, to lifelong learning. It makes sure that we match the real reforms we passed last year with the real resources they demand. It will help us recruit, hire, and train qualified teachers, build new schools, and make college and job training more affordable and more available.
President Bush pledged to leave no child behind, and then proposed more than a billion dollars of education cuts. We are proposing to put our money where the Republicans' mouths are--and help secure a good start, a good education, and good prospects for all Americans.
When it comes to health care, it was an outrage that 40 million Americans were uninsured 2 years ago. In the past year, over 1 million more Americans have lost health insurance. And those who are lucky enough to have health insurance are seeing their premiums skyrocket.
With the Health Care Coverage Expansion and Quality Improvement Act, we hope to reduce the number of uninsured by making health care coverage more available to small businesses, parents of children eligible for
CHIP and Medicaid, pregnant women, and others.
We also want to improve the quality of care people receive by overcoming Republican resistance to a real, enforceable, patients' bill of rights.
We will also insist that mental illness be treated like any other illness--something that will not only honor Paul Wellstone's legacy, but also help millions of families.
We are also committed to passing a prescription drug benefit under Medicare, and lowering the price of prescription drugs for all Americans. Last year, we passed a bill to lower the price of generic drugs, but the House refused to take it up. And we had 52 Senators support our Medicare prescription drug benefit--but it was blocked on a procedural motion.
The high cost of prescription drugs--combined with the increasing need for such drugs--is destroying the life savings--and threatening the dignity--of millions of older Americans. And that is simply unacceptable.
A couple of months ago in elections all across the country, and in words spoken here in the Senate, we have seen that when it comes to protecting equal rights, we still have a lot of work to do in changing hearts, minds, and laws.
That is why we are introducing The Equal Rights and Equal Dignity for Americans Act. This bill will enforce employment nondiscrimination, fund the election-reform measures we passed last year, outlaw hate crimes, and take other steps to see that as a nation, we live up to the promise of equal rights.
I hope those Republicans who have recently expressed their support for civil rights will join us in expressing their support for this legislation. I also hope they will join us in supporting our bill to combat drug and gun violence, to crack down on new crimes like identity theft, and to protect against and prevent crimes against children and seniors.
We also need to ensure greater dignity for our minimum wage workers, our farmers, and our veterans. The purchasing power of the minimum wage is now the lowest it has been in more than 30 years. And a full-time minimum wage income won't get you over the poverty line. If we can afford over a trillion dollars in tax cuts for those at the top of the income scale, we can afford a dollar fifty more an hour for those at the bottom.
We need to help our rural economy, and help those impacted by a drought and other natural disasters that are being called among the costliest for agricultural producers in our Nation's history.
And we need to maintain our commitment to those currently serving, and keep our promises to our veterans. One way we do that is by allowing our wounded veterans to receive both their full disability and retirement benefits. Another way is by addressing the current crisis in veterans' health care. With each of these proposals--we stand with the leading veterans organizations, and for those who served our country.
Finally, we are committed to stopping what is adding up to an all-out assault on our environment. By unilaterally abandoning the Kyoto process, the Bush administration took us out of position to lead the world on the issue of climate change. The Global Climate Security Act will help America reassert our position of world leadership on this vital issue of world health.
Each of these things is relevant, not revolutionary. If they seem familiar, it is because most of what is in them has been introduced before.
But they are not law, despite the support of the American people and, in some cases, a bipartisan majority of Senators.
They have been opposed by an extreme few, and their special interest supporters. And while those bills have languished, we have seen the rise of more threats to our country; more people have lost their jobs and their health care; and more of our national challenges have gone unmet.
These are our priorities. In the last couple of days, the President has made clear his priorities--more tax cuts for those who need them least.
The President's plan won't help middle income families. It won't contribute to economic growth; it won't make our homeland more secure; it won't expand educational opportunity for the young, or strengthen health care for the elderly.
Instead--by putting us deeper into deficit and debt--it makes all of these things, and all of our other goals, harder to achieve.
Our bills will help us create an America that is stronger, safer, and better for all Americans--and I hope my colleagues will join me in supporting them.
Mr. Speaker, reserving the right to object, the gentleman from Illinois (Mr. Hastert), the Speaker of the House, has rightly reminded us tonight of the events of 9/11. I think all of us remember the…
Mr. Speaker, reserving the right to object, the gentleman from Illinois (Mr. Hastert), the Speaker of the House, has rightly reminded us tonight of the events of 9/11. I think all of us remember the time that we stood together singing ``God bless America'' on the steps of this Capitol, unified in recognizing that what is involved here is bigger than us as individuals or as political parties, and how we joined with near unanimity in supporting the President on the war on terrorism.
Thanks to the good efforts of the gentleman from California (Mr. Hunter), we did this once again about 10 days ago, when he offered his resolution, H.J. Res. 27, ``commending the continuing dedication, selfless service, and commitment of members of the Armed Forces and their families during the Global War on Terrorism.'' At that time I rose, along with many colleagues, to support that resolution honoring our service members and to commend the gentleman from California (Mr. Hunter) for an effort that brought us together, rather than splitting us apart.
I doubt that we can offer too many resolutions for our servicemen and servicewomen, so I understand the gentleman's interest in offering a further resolution tonight. I would like nothing more than to see a similar unanimous vote in support of that resolution.
I would ask the gentleman under my reservation, since we have not yet even had this resolution printed for our review, if he is familiar with a resolution commending our troops that was authored by Senators Frist and Warner and Senators Daschle and Levin, and which was passed unanimously today in the United States Senate?
I yield to the gentleman from California.
Yes.
Is it correct that the gentleman's resolution is not the same as resolution S. Con. Res. 26?
I believe the gentleman's resolution omits clause 5 of Senate resolution S. Con. Res. 26, which says that the Congress ``joins all Americans in remembering those who lost their lives during Operation Desert Shield and Operation Desert Storm in 1991, and those still missing from that conflict, including Captain Scott Speicher of the United States Navy''.
Would the gentleman be open to amending his resolution to include that language from clause 5 of the Senate Con. Res. 26?
The gentleman would be open to including that language?
Mr. Speaker, I ask unanimous consent to add clause 5 of the Senate version, S. Con. Res. 26.
Let me just ask, and then I will be very brief, because I know it is late and the gentleman wishes to proceed.
The Senate, I am sure, acted, and not every word did I agree with, but they did act unanimously. It was good enough for the majority leader, Senator Frist and Senator Warner, chairman of the Armed Services Committee. Could we not dispense with this debate and simply take up, with the gentleman's approval, the entire Senate resolution and adopt it, and have every one of us saying not only the same thing in this House chamber but saying the same thing throughout the Capitol, that with one voice, we, the House and Senate, approve and applaud and support our troops?
Mr. Speaker, I respect the gentleman. Continuing under my reservation very briefly, it just seems to me we have heard so much about the need for us to speak with one voice that we could speak with one voice and do it promptly by taking verbatim what was good enough for Senators Frist and Warner.
But let me ask the gentleman one other question, since he talks about acting with unanimity. The gentleman has three enacting clauses in his resolution. Clause two commends the Members of the United States Armed Forces; Clause three commends their families. I think there is unanimous agreement for both of these.
Would the gentleman be open under his unanimous consent agreement to our proceeding now by unanimous consent to approve those two clauses, so that we could concentrate our debate in the only area that we have any difference, which are the words that the gentleman uses to approve the President's action with his first-strike policy in clause one?
Just one final question. The draft of this resolution, and I know there have been changes going on all night, but the draft that we Democrats were asked to approve late this afternoon was a little like the President's recent budget on Afghanistan, which he forgot to fund. The resolution draft we were offered as praising the troops largely forgot the troops.
I was wondering if the gentleman would have any objection to my putting into the Record the resolution draft that we were given this afternoon and asked to approve, which did not include in the ``whereas'' clauses much of anything about our servicemembers other than the first and last paragraphs. Most all of it seems to be about the President.
Added at our request, for the troops.
Mr. Speaker, I thank the gentleman. I will save the rest of my remarks for the debate.
I ask unanimous consent to include in the Record, Mr. Speaker, this type of unanimous consent request, which seeks only to place in the Record the draft of the resolution we Democrats were asked to concur in this afternoon, that it might be made part of the record so all could see it.
Mr. Speaker, it being apparent that the decision of 99 Members of the United States Senate is inadequate for some in this House, that they will not accept even placing in the Record at this point, at a very appropriate and proper point, the resolution they offered us, which treated the troops almost as an afterthought, since the goal was not to applaud the troops but the President; and recognizing their refusal to let us approve now unanimously what we all agreed to, that the Members of the Armed Forces and their families deserve commendation, even if we disagree with the civilian, political decision to institute a new first-strike policy, which will actually endanger our families, I recognize little ability to reach unanimity; and I will raise the rest of my concerns about the Administration's unfortunate new policy, which places so many in harm's way, in the course of the debate.
Mr. Speaker, I withdraw my reservation of objection.
Mr. Speaker, I thank the gentleman for yielding time to me.
For the sacrifices of our sons and daughters in uniform and that of their families, no mere resolution or series of resolutions suffices to express our gratitude.
Because the support for our troops is so very strong and the justification for the administration's reckless first-strike doctrine is so very weak, this resolution relies on the pride that all of us feel for our troops in order to carry this weak policy, this faulty and unworthy policy that is so faulty it cannot stand on its own merits, it has to be clumped with the sacrifices of the men and women who serve America tonight in the Persian Gulf.
Just as this administration has failed completely to provide the slightest
link between Saddam Hussein and 9-11, this resolution mistakenly links the invasion of Iraq to the war on terrorism. I support that war. I recognize that containment and disarmament may not end all wars, but they are clearly superior to the new first-strike policy that risks wars without end.
This resolution could have been the one the Senate adopted today by 99 votes. It was good enough for Majority Leader Frist, it was good enough for John Warner, but it did not go to the extremes that our colleagues want.
We could have all accepted my request that we approve by unanimous consent support for our troops and families, but they did not have that in mind. They want this back-door approval. We will not be intimidated into silence. If we were to do that, we would be abandoning the very democracy we are pledged to serve and that they tonight defend.
Mr. Speaker, I yield myself such time as I may consume. This is a solemn moment for this body. We are here this evening representing Americans all across our land, and we are here to say on their…
Mr. Speaker, I yield myself such time as I may consume.
This is a solemn moment for this body. We are here this evening representing Americans all across our land, and we are here to say on their behalf thank you to the young men and women who wear the uniform today, just as those veterans have done in yesteryear.
I appreciate the Speaker mentioning to this body that our colleague and friend the gentleman from Indiana (Mr. Buyer) has been called to Active Duty. We will remember him in our thoughts and prayers, just like we do every soldier, sailor, airman and marine who represents us in this struggle for freedom and the end of a regime that could cause great harm to the free world.
It is too bad that we have to have a resolution for our young men and women when they are in danger. Maybe we ought to pass one when there is a time for peace, when there is no conflict or a threat of conflict. It was the British poet Rudyard Kipling that put it so well in his poem ``Tommy'' when he said, It's Tommy this and Tommy that and throw them out the brute, but savior of his country when the guns begin to shoot.
I think we should show respect and thanks and appreciation to those who wear the uniform, who are trained daily, working daily, and, when they are called upon as they are now, be ready.
So I thank the gentleman from California (Mr. Hunter), my good friend and chairman, for his efforts. We have worked so well, as we did on a previous resolution just a few days ago, and sadly, the process by which we find ourselves here tonight has not met with full understanding. Nevertheless, we are here to commend those troops for what they are about to do and what they are doing on the field of battle this evening.
We unite as Americans in support of our troops, who are the truest expression of what this country stands for: courage, strength, compassion. They are the finest sons, daughters we have to offer the world as defenders of freedom, both in the United States of America, for the Iraqi people, as well as for those who love freedom across this globe.
I urge my colleagues to support this resolution. We will have a number of speakers, and as a result thereof, I will cut my remarks short, and I thank the gentleman from California for his efforts in this behalf.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield such time as she may consume to the gentlewoman from California (Ms. Pelosi), the minority leader.
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Frost).
(Mr. FROST asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield such time as he may consume to the gentleman from Maryland (Mr. Cardin).
(Mr. CARDIN asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Mrs. Tauscher).
Mr. Speaker, I yield 1 minute to the gentlewoman from Illinois (Ms. Schakowsky).
Mr. Speaker, I yield 1 minute to the gentleman from Illinois (Mr. Emanuel).
Mr. Speaker, I yield such time as she may consume to the gentlewoman from Michigan (Ms. Kilpatrick).
(Ms. KILPATRICK asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Lee).
Mr. Speaker, I yield 1 minute to the gentleman from Rhode Island (Mr. Langevin).
(Mr. LANGEVIN asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from Washington (Mr. McDermott).
Mr. Speaker, I yield 2 minutes to the very distinguished gentleman from New York (Mr. Rangel).
(Mr. RANGEL asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from California (Ms. Watson).
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Texas (Mr. Turner), the ranking member of the new Select Committee on Homeland Security.
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Waters).
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Mrs. Davis).
Mr. Speaker, I yield 1 minute to the gentlewoman from Ohio (Mrs. Jones).
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Eshoo).
Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. Lewis).
Mr. Speaker, I yield 1 minute to the gentlewoman from Connecticut (Ms. DeLauro).
Mr. Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. Conyers), the ranking member on the Committee on the Judiciary.
(Mr. CONYERS asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. Baca).
(Mr. BACA asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 2 minutes to the gentleman from Massachusetts (Mr. Frank).
Mr. Speaker, I yield 1 minute to the gentleman from Georgia (Mr. Scott).
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Texas (Mr. Doggett).
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Edwards).
Mr. Speaker, I yield 2\1/2\ minutes 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 New York (Mr. Crowley).
Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr. Meeks).
Mr. Speaker, I yield 1 minute to the gentleman from Ohio (Mr. Strickland).
Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr. Nadler).
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Woolsey).
(Ms. WOOLSEY asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from Florida (Mr. Meek), who is a member of the Committee on Armed Services.
(Mr. MEEK of Florida asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr. Engel).
Mr. Speaker, I yield 1 minute to the gentleman from Iowa (Mr. Boswell), an Army veteran and distinguished Member of this body.
Mr. Speaker, I yield 1 minute to the gentleman from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Lofgren).
Mr. Speaker, I yield 3 minutes to the gentleman from Mississippi (Mr. Taylor), a distinguished member of the Committee on Armed Services.
Mr. Speaker, I yield 4 minutes to the gentleman from Maryland (Mr. Hoyer), the Democratic whip.
Mr. Speaker, I yield such time as he may consume to the gentleman from Illinois (Mr. Davis).
(Mr. DAVIS of Illinois asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield such time as she may consume to the gentlewoman from Ohio (Ms. Kaptur).
(Ms. KAPTUR asked and was given permission to revise and extend her remarks.)
Mr. President, I am pleased to join my colleagues from New York and Arizona in introducing the Greater Access to Affordable Pharmaceuticals Act, which will make prescription drugs more affordable by…
Mr. President, I am pleased to join my colleagues from New York and Arizona in introducing the Greater Access to Affordable Pharmaceuticals Act, which will make prescription drugs more affordable by promoting completion in the pharmaceutical industry and increasing access to lower-priced generic drugs. The bipartisan bill that we are introducing today is identical to the compromise legislation that overwhelmingly passed the Senate last July by a vote of 78 to 21. That compromise was based on an amendment I Offered in the Health, Education, Labor and Pensions Committee with my colleague form North Carolina, Senator Edwards.
Prescription drug spending in the United States has increased by 92 percent over the past 5 years to almost $120 million. These soaring costs are a particular burden for the millions of uninsured Americans, as well as those seniors on Medicare who lack prescription drug coverage. Many of these individuals are simply priced out of the market, or forced to choose between paying the bills or buying the pills that keep them healthy.
Skyrocketing prescription drug costs are also putting the squeeze on our Nation's employers who are struggling in the face of double-digit annual premium increases to provide health care coverage for their workers. And they are exacerbating the Medicaid funding crisis that all of us are hearing about from our Governors back home as they struggle to bridge growing shortfalls in their State budgets.
The legislation that we are introducing today will make prescription drugs more affordable for all Americans. The nonpartisan Congressional Budget Office estimates that are bill will cut our Nation's drug costs by $60 billion over the next 10 years. That is why the legislation is supported by coalitions representing the Governors, insurers, businesses, organized labor, senior groups, and individual consumers who are footing the bill for these expensive drugs and whose costs for popular drugs like Cardizem CD, Cipro, Prilosec, and Zantac could be cut in half if generic alternatives were available.
The 1984 Hatch-Waxman Act made significant changes in our patent laws that were intended to encourage pharmaceutical companies to make the investments necessary to develop new drug products, while simultaneously enabling their competitors to bring lower-cost, generic alternatives to the market. To that end, the legislation has succeeded to a large degree. Prior to Hatch-Waxman, it took 3 to 5 years for generics to enter the market after a brand-name patent had expired. Today, lower-cost generics often enter the market immediately upon the expiration of the patent. As a consequence, consumers are saving anywhere from $8 to 10 billion a year by purchasing generic drugs.
Moreover, there are even greater potential savings on the horizon. Within the next 4 years, the patents on brand name drugs with combined sales of $20 billion are set to expire. If Hatch-Waxman were to work as it was intended, consumers could expect to save between 50 and 60 percent on these drugs as lower cost generic alternatives become available as these patents expire.
Despite its past success, however,it is becoming increasingly apparent that the Hatch-Waxman Act has been subject to abuse. While many pharmaceutical companies have acted in good faith, there is mounting evidence that some brand name generic drug manufacturers have attempted to ``game'' the system by exploiting legal loopholes in the current law.
Too many pharmaceutical companies have maximized their profits at the expense of consumers by filing frivolous patents that have delayed access to lower priced generic drugs. Currently, brand-name companies can delay a generic drug from going to market for years. A ``new'' patent for an existing drug can be awarded for merely changing the color of a pill or its packaging. For example, Bristol Myers-Squibb delayed generic competition on Platinol, a cancer treatment, by filing a patent on the brown bottle that it came in.
Another example cited by the Chairman of the Federal Trade Commission, Timothy Muris, in testimony before the Senate Commerce Commission, involved the producer of the heart medication Cardizem CD, which brought a lawsuit for patent and trademark infringement against the generic manufacturer in early 1996. Instead of asking the generic company to pay damages, however, the brand name manufacturer offered a settlement to pay the generic company more than $80 million in return for keeping the generic drug off the market. Meanwhile, users of Cardizem--which treats high blood pressure, chest pains and heart disease--were paying about $73 a month when the generic would have cost about $32 a month.
Last July, the Federal Trade Commission released a long-awaited report that found that brand-name drug manufacturers have misused legal loopholes to delay the entry of lower-cost generics into the market. The FTC found that these tactics have led to delays of between four and 40 months--
over and above the first 30-month stay provided under Hatch-Waxman--for generic competitors of at least eight drugs since 1992. Moreover, six of the eight delays have occurred since 1998.
The FTC report points to two specific provisions of the Hatch-Waxman Act--the automatic 30-month stay and the 180-day market exclusivity for the first generic to file a patent challenge--as being susceptible to strategies that could delay the entry of lower-cost generics into the market. According to the report, these loopholes ``continue to have the potential for abuse,'' and, if left unchanged, ``may have more significance in the future.'' These are the very loopholes that the legislation we are introducing today would close.
The original Hatch-Waxman Act was a carefully constructed compromise that balanced an expedited FDA approval process to speed the entry of lower-cost generic drugs into the market with additional patent protections to ensure continuing innovation. The bipartisan bill that we are introducing today restores that balance by closing the loopholes that have reduced the original law's effectiveness in bringing lower- cost generic drugs to market more quickly, and I urge all of my colleagues to join us as cosponsors.
Mr. Speaker, I thank the gentleman from California (Mr. Hunter) and the gentleman from Missouri (Mr. Skelton) for bringing this resolution to the floor. Even though the hour is late, Members are…
Mr. Speaker, I thank the gentleman from California (Mr. Hunter) and the gentleman from Missouri (Mr. Skelton) for bringing this resolution to the floor.
Even though the hour is late, Members are willing to stay here because it is so important for the House of Representatives to express our support for our men and women in uniform, our troops in harm's way now, and as the minority leader said, those troops anywhere in the world and at home. And also to support their families for the sacrifices that they are making. It is tough on the families, probably tougher on the families than any other people. We are also here to commend the President for his strong leadership in bringing us to where we are today.
Our men and women in uniform need to understand why they are fighting and why they are risking their lives, and understand that this House supports them in that because in order to risk their lives, they have to understand that they are doing it for the right reasons.
Last night began a challenging time for our country as our Armed Forces went on the march against tyranny. It also signaled the time for our country to come together with singleness of purpose and speak with a single voice.
Under our Constitution, America speaks through the United States Congress, and last year we spoke out boldly and strongly from both political parties. We let the world know that the defenders of freedom are not going to allow the world's leading purveyor and practitioner of terror continue to spread his grip of fear.
Today, Congress is set to speak again for the American people. We want to honor the men and women of our Armed Forces who are conducting their mission with the utmost honor and courage as they defend our democracy.
We salute every person taking risks to confront terrorism and tyranny to expand the frontiers of freedom, and we salute the President for showing the world the power of strong, moral leadership.
We know that Saddam Hussein is seeking the means to murder millions in just a single moment, and he is consumed with hatred for America. We know that the war on terrorism will be fought here at home unless we summon the will to confront evil before it attacks. Free democratic nations must be willing to stop his evil aspirations. He is not a man with whom we can confer, consult, or convince. He is not a man we can trust. He has violated 17 United Nations resolutions. He is in material breach of multiple U.N. resolutions, and he has ignored the final ultimatum by the President of the United States.
Saddam Hussein once agreed to end his missile program. He agreed to stop building chemical weapons. He agreed to stop developing biological weapons. He agreed to end his nuclear weapons program. He agreed to stop brutalizing and oppressing his people. He agreed to do many, many other things; but every promise he made was a lie. Every agreement was a devious swindle. Every commitment was an expedient falsehood.
It was all a devilish strategy designed to escape accountability for past crimes and to buy the time to develop weapons for even greater crimes against humanity.
He turned the regime's resources to the awful purpose of developing terror weapons to spread the cruelty and oppression beyond his own borders. He welcomes terrorists to sanctuary and support within his own borders.
During the years that Saddam Hussein slow-walked the United Nations through his series of deceptions, his regime systematically brutalized the Iraqi people. He tortures children to punish their parents. He executes members of his government to enforce obedience. We can never know how many faceless victims have screamed out their last words to the uncaring ears of Saddam Hussein's torturers.
As a member of England's Labour Party recently laid out in chilling detail earlier this week, Saddam Hussein is a diabolical prodigy in the craft of evil. This member spoke of Iraqi citizens who witnessed men being forced into a machine intended to shred plastic. The men who went in head first were, in a tragic sense, the fortunate ones. The men who were sent to their death feet first, their final words were anguished screams for mercy. She told of women raped as Saddam Hussein's torturers made their husbands watch.
This is wickedness that by the grace of God the people of America will never know. We have not cornered the market on morality, but our policy of intervention to force an end to this evil is clearly a just cause, a worthy war and a principled stand.
Fortunately, President Bush is proceeding with courage and boldness. He is leading with moral clarity. He is fighting principled battles, and he is not backing down. We have to give President Bush our full support as he confronts this evil, and our men and women in uniform as they confront this evil.
This vote to support our Commander in Chief and our courageous troops in battle sends the right message that we are denying Saddam Hussein the power to take additional lives. We believe that in the teeth of terrorism, America must continue exporting the values, democratic institutions, and patterns of conduct that have built the strongest and fairest system of government and the most free society the world has ever seen.
We feel very deeply for all of the people trapped within autocratic regimes and born with repressive governments. And as defenders of freedom, we also owe the besieged people of Iraq the same hope we supplied to the people of Germany nearly 6 decades ago.
In the battle between freedom and terrorist tyranny, there is no middle ground. We look to the day, far off though it may be, when every person comes into this world with the full promise of their God-given rights upheld by the government of their birthplace. This is a bold vision and a noble goal, but the potential of the American people is not constrained by the timid boundaries of conventional thinking. We are called to far more than that. And due to the excellence and patriotism and bravery of our soldiers and their families, and the courage of the President with moral purpose, the liberation of Iraq has begun.
May God bless our President, may God bless our troops, may God bless our Nation.
Mr. Speaker, I thank the distinguished ranking member for yielding time and for his distinguished service on the committee and to our country, and I also commend the gentleman from California (Mr.…
Mr. Speaker, I thank the distinguished ranking member for yielding time and for his distinguished service on the committee and to our country, and I also commend the gentleman from California (Mr. Hunter).
In the previous day, a couple of weeks ago, we had a very fine resolution on the floor that they proposed that was worthy of the troops that we were honoring. I wish we had that resolution before us today.
Nonetheless, Mr. Speaker, I rise in support of this resolution which, in part, honors our courageous men and women in uniform. I disagree with the policy that took us to this war. I dispute some of the arguments used in favor of this resolution, and I am disappointed in some of the provisions in it, but even those objections cannot overcome the pride and appreciation that I have in our troops and the message that I want them to hear from us tonight of our support for them.
Tonight the thoughts and prayers of all Americans are with our military forces and their families. I think we should be honoring the military wherever they serve in our country tonight because they are all brave, courageous, patriotic and willing to make the sacrifice for our country.
Mr. Speaker, I certainly think we could have done better in this resolution, but do not let that stand in Members' way for us to give a resounding vote of support of appreciation and pride for our men and women in uniform.
Tonight we learned of the first casualties of this war. Sixteen American and British Marines have died in a tragic helicopter accident in Kuwait. I hope it is a comfort to the families who lost their loved ones that so many people mourn their loss and are praying for them at this sad time. There is no heavier burden for a President and no more solemn choice for this Nation than to send our young men and women into battle.
As Commander in Chief, President Bush has made that difficult decision. Despite our policy decisions, as Americans we stand behind our men and women in uniform. As Congress, charged by the U.S. Constitution with providing for the common defense, we pledge today to our Armed Forces and their families, they will have the support they need in this dangerous and difficult time, both to win the war and to secure the peace.
In recent weeks I have met with some of these courageous men and women. We have all been meeting with them over time; but as the war drew near, it was more poignant. I traveled with the gentleman from Missouri (Mr. Skelton), the ranking member of the Committee on Armed Services, to Whiteman Air Force Base in Missouri to meet with the B-2 crews that may soon be engaged over Iraq. They were again brave and patriotic. Everyone respected the gentleman from Missouri (Mr. Skelton), as Members can imagine; and everyone recognized what a great patriot he is in our country.
Three weeks ago, along with the gentleman from Pennsylvania (Mr. Murtha) and the gentleman from Ohio (Mr. Hobson), I traveled to Kuwait, Qatar, and Turkey to meet with the soldiers, sailors, airmen and Marines now risking their lives in Iraq. We brought with us Members' good wishes of appreciation and pride, and thanked them for their patriotism, courage and, willingness to make the ultimate sacrifice.
Our men and women in uniform are an inspiration. They have waved good-bye to their husbands, wives, and children; and they endure daily hardships over many months to enhance America's diplomatic leverage. They are focused on their mission, motivated by a profound love of country and prepared, yes, to make the ultimate sacrifice. They are the best-trained, best-equipped and best-led military force the world has ever seen; and every American is eternally indebted to these patriots.
During our visit to the Persian Gulf, we met a young soldier named Captain Jennifer Schulke of Fort Bliss, Texas. She commands a Patriot missile battery in Kuwait. With the precision and ease of an engineer, she described for us the capability of the weapons system she commands. But she spoke with even greater pride of something else, about her daughter back home. Her daughter will be 2 years old on March 27, and on her birthday her mother will be serving in a country halfway around the world. Captain Schulke is one of the countless mothers and fathers, husband and wives and sons and daughters in uniform making sacrifices American families can only begin to imagine. I thought of her today when we heard of the Scud attacks and the Patriot response. It is people like Captain Schulke who inspire us and insist that we must support our men and women in uniform.
Today we pray for their swift and safe return into the loving arms of their families. When they come home, we will honor them for the heroes they are. And if they do not come home, we will support their families and honor their heroic deeds. We also honor our men and women in uniform by proving ourselves worthy of their sacrifice when we uphold the democratic values they defend with their very lives.
As we protect and defend the American people, we must also protect and defend the Constitution and the civil liberties contained therein which we cherish. And we must treat honest debate for what it is, an expression of patriotism, not a violation of it. Open discussion of the great task before us does not give comfort to America's adversaries. No, on the contrary, it gives comfort and confidence to the American people who look to Congress to uphold the immutable values and ideals that define our American democracy.
Today, America's sons and daughters preparing to go into Iraq have answered the call of their country. In the days to come, let us build a future worthy of their sacrifice. May God bless our courageous forces and their brave families. May God bless America.
Mr. President, I am pleased to introduce a package of three bills I hope will be the starting point for a long overdue discussion on reducing taxes on investment income, particularly dividends. The…
Mr. President, I am pleased to introduce a package of three bills I hope will be the starting point for a long overdue discussion on reducing taxes on investment income, particularly dividends. The first bill would completely eliminate taxes on dividends. The second bill would reduce the tax on dividends to the capital gains rate. The third bill would lower the tax to the capital gains rate on dividends and interest income. These bills would not only stimulate the economy, but also correct long-term problems with the tax code.
The economy is currently on the way to recovery but faces significant bottlenecks along the way. Following a mild recession, we are experiencing moderate growth. Many believe we will continue on a slow yet steady pace, but we are not yet in the clear. We must take aggressive steps to create jobs and ensure the economy gets moving again.
The most effective tool government has for promoting growth is the tax code. By lowering taxes we allow people to keep more of their money and spend it more effectively than the government ever could.
Lowering the taxes on investment income would stimulate the economy on several levels. First, we would leave more money in the pockets of families to spend. Second, lowering taxes on dividends would encourage investors to re-enter the stock market and realize higher returns since the government would be taking less. The increased demand for stocks would stabilize the market and encourage economic growth. Third, these tax cuts would ultimately help to reduce the deficit as tax revenues increase from higher economic growth and increased capital gains revenue.
A tax cut on investment income would particularly help the elderly and others who rely on fixed incomes. A third of seniors received dividend income and more than half of dividends go to seniors. With such pressures as the rising cost of healthcare, it is critical that we let them keep as much of their money as possible. Also, these tax cuts would help a broad cross-section of Americans. For example, almost half of those who receive dividends have income of less than $50,000.
One of the problems with our tax code is the double taxation of dividends. People have already paid taxes on the money they use to invest. Then they must pay taxes on their investment income. This is not fair and discourages savings.
Also, companies must use after-tax dollars to pay dividends. Investors then have to pay taxes on their dividend income at the ordinary income tax rates. This leads to two unintended consequences.
First, it encourages investors to focus on returns through stock price appreciation, which are taxed at the lower capital gains rate. People are encouraged to invest in higher growth, but often in riskier companies, rather than more stable, dividend-paying companies. As anyone can see from the collapse of stock prices in high-growth sectors over the past two years, the current incentives in the tax code may
not lead to the best decisions for investors.
Second, the double taxation of dividends encourages companies to raise capital by loading up on debt rather than issuing stock, because interest expense on debt can lower a company's taxes while dividend payments do not. This leads to an increase in highly leveraged companies that are at greater financial risk when the economy slows.
Whether investors should invest in growth stocks is a decision that must be left to individuals. Likewise, the issuance of debt is best decided by the company in question. By lowering the tax rates on dividends and interest income, we would reduce the influence of taxes on these decisions.
Increasingly, America is a Nation of investors. Today, half of U.S. households own stock. The number of shareholders has increased more than 60 percent since 1989. Thus, it is critical to ensure our tax laws lead to rational decisionmaking; decisions based on the best investment choices, not guided by tax inequities. Let's take tax rates out of the capital allocation decision process. People should make investment decisions based on what is the best investment.
I call on the Senate to bolster the economy, help senior citizens meet their financial needs, and level the way we tax investment gains by lowering taxes on investment income. Today, I offer three alternatives I hope will lead to a constructive discussion and action to achieve these goals.
I ask unanimous consent the text of the bills be printed in the Record.
Mr. Speaker, will the gentleman yield? Mr. Speaker, I had this and I was not going to use it. I am on the same side as the gentleman. I am in the minority of my party on this issue. But I want to…
Mr. Speaker, will the gentleman yield?
Mr. Speaker, I had this and I was not going to use it. I am on the same side as the gentleman. I am in the minority of my party on this issue. But I want to tell Members that they cannot have it both ways. On December 13, 1995, our troops were deployed. Our troops were deployed in Bosnia. They were deployed for the purposes of keeping the peace. They were successful. Thousands of people were being killed. The gentleman remembers that, and our troops were deployed for the purpose of keeping the peace pursuant to an agreement by President Clinton and others in the NATO alliance.
There was a resolution on the floor. That resolution was a very brief resolution and it had one resolved clause, just one and it said this: That the House of Representatives unequivocally supports the men and women of the United States Armed Forces who are carrying out their mission in support of peace in Bosnia and Herzegovina with professional excellence, dedicated patriotism, and exemplary bravery.
The gentleman from California (Mr. Hunter) voted ``no'' on that resolution. The gentleman from Texas (Mr. DeLay) voted ``no'' on that resolution. The gentleman from Georgia (Mr. Collins), who spoke earlier, voted ``no'' on that resolution. The gentleman from California (Mr. Cunningham), who talked about the troops, voted ``no'' on that resolution.
I am with my friend on the substance, but when the gentlewoman from California (Ms. Lofgren) gets up and makes her statement and she is criticized, remember December 13, 1995.
Mr. Speaker, Robert Kennedy once remarked, ``All of us, from the wealthiest and most powerful men, to the weakest and hungriest children, share one precious possession, the name American.''
So tonight as our brave men and women in uniform fight for freedom and our security half a world away, we come here not as Democrats or Republicans, but as Americans, Americans united as one in support of our Armed Forces, and for the success of the cause for which they willingly risk their lives.
That cause, liberty and freedom from fear, inspired our Founding Fathers 227 years ago, and guides our action today. It is a measure of our Nation's greatness that when freedom's call came at
this hour, the finest, best-trained, most skilled and best-equipped military in the history of the world answered the call as previous generations have done.
Our thoughts and prayers are with our troops and with the troops of our allies, four of whom also lost their lives this night, and our thoughts as well are with the families who wait. We are with you. We honor you; we honor your sacrifice. We hail your courage, and we pray for your safe return.
We are confident that the Iraqi people who have been terrorized for so long under Saddam Hussein's brutal reign will soon throw off the shackles of tyranny and see that your mission has always been one of liberation and not of aggression. There should be no doubt we shall win this war, and we must win the peace that will follow. We are committed to a liberated and free Iraq where individual Iraqis can decide their own fate, where basic human rights and the rule of law are respected, and where that nation's tremendous resources are the property of a proud Iraqi people, and not plundered by an international criminal who has killed his own people and who continues to threaten the security of the region and the world.
Saddam Hussein believed, like other dictators and despots who pockmark history, that our democratic debate was evidence of disunity and weakness. He was wrong.
In fact, as all of us who are privileged to serve here know, that ability to debate, that ability to disagree, that ability to want options is what makes America so strong, so envied.
Tonight we stand as one behind our brave Armed Forces. No matter the votes, we stand as one and pray for a quick end to this conflict and to the safe return of our brave men and women and the brave men and women of every nation who will fight in those sands.
May God protect our men and women. May God give wisdom to our Commander in Chief, and may God continue to bless America.
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Mr. President, the goal of the farm bill was to improve the economic condition of America's farmers over the next few years. However one of the many shortcomings of the new law is that it fails to…
Mr. President, the goal of the farm bill was to improve the economic condition of America's farmers over the next few years. However one of the many shortcomings of the new law is that it fails to protect family farmers and independent livestock producers from vertical integration in the livestock industry.
In recent years, family farmers from across Iowa have contacted me to express their fears about the threat they fell from concentration in the livestock industry. They fear that if the trend toward increased concentration continues, they may be unable to compete effectively and will not be able to get a fair price for their livestock in the marketplace.
The bill I am introducing would prevent meat packers from assuming complete control of the meat supply by preventing packers from owning livestock.
This bill would make it unlawful for a packer to own or feed livestock intended for slaughter. Single pack entities and packs too small to participate in the Mandatory Price Reporting program would be excluded from the limitation. In addition, farmer cooperatives in which the members own, feed, or control the livestock themselves would be exempt under this new bill.
We have tightened down the limitations in this new version of the packer ban. The last version provided an exemption to plants that killed less than 2 percent of the Nation's livestock, per commodity. That meant plants that killed less than 1.9 million pigs or approximately 725,000 cattle were excluded under the old version. We have changed the standard to be consistent with the Mandatory Price Reporting law and other legislation I've introduced. That means the new limit will be 125,000 for cattle and 100,000 for swine.
It's also important to realize that this is not the original version I co-sponsored with Senator Johnson. Instead, this is the version I successfully offered on the floor during the debate on the farm bill that removed the word ``control'' so that the packers couldn't attack us with a red-herring argument.
It's important for our colleagues to remember that family farmers ultimately derive their income from the agricultural marketplace, not the farm bill. Family farmers have unfortunately been in a position of weakness in selling their product to large processors and in buying their inputs from large suppliers.
Today, the position of the family has become weaker as consolidation in agribusiness has reached all time highs. Farmers have fewer buyers and suppliers than ever before. The result is an increasing loss of family farms and the smallest farm share of the consumer dollar in history.
One hundred years ago, this Nation reacted appropriately to citizen concerns about large, powerful companies by establishing rules constraining such businesses when they achieved a level of market power that harmed, or risked harming, the public interest, trade and commerce. The United State Congress enacted the first competition laws in the world to make commerce more free and fair. These competition laws include the Sherman Act, Clayton Act, Federal Trade Commission Act and Packers & Stockyards Act.
Since that time, many countries in the world have followed this U.S. example to constrain undue market power in their domestic economies.
Unfortunately, competition policy has been severely weakened in this country, especially in agriculture, due to Federal case law, underfunded enforcement, and unfounded reliance on efficiency claims. The result has been a significant degradation of the domestic agricultural market infrastructure. The current situation reflects a tremendous mis-allocation of resources across the food chain. Congress must strengthen competition policy within the farm sector to reclaim a properly operating marketplace.
While this legislation does not accomplish all that we need to do in this area, it's an important first step toward remedying the biggest problem facing farmers today, the problem of concentration.
I ask unanimous consent that the text of the bill be printed in the Record.
There being no object, the bill was ordered to be printed in the Record, as follows:
Mr. President, I rise today to introduce legislation to add Kentucky to the list of States that are permitted to offer ``divided retirement'' plans under the Social Security Act. Last year, I was…
Mr. President, I rise today to introduce legislation to add Kentucky to the list of States that are permitted to offer ``divided retirement'' plans under the Social Security Act.
Last year, I was contacted by Brian James, President of the Louisville Fraternal Order of Police, FOP, and Tony Cobaugh, President of the Jefferson County FOP. These two law enforcement leaders called my attention to a problem that could jeopardize the retirement security of many of our community's police, fire, and emergency personnel.
In November of 2000, the citizens of Jefferson County and the City of Louisville, Kentucky voted to merge their communities and respective governments into a single entity, which will be known as Greater Louisville. As one might expect, combining two large metropolitan governments in such a short time frame cannot be done without encountering a few difficulties along the way. Jefferson County and the City of Louisville currently operate two very different retirement programs for their police officers. When these two governments merge today, current federal law will require the new government to offer a single retirement plan that could dramatically increase the cost of retirement for both our dedicated public safety officers and the new Greater Louisville government.
Thankfully, when the FOP's leaders called this problem to my attention, they also suggested a simple solution, let the police officers and firefighters choose for themselves the retirement system which best meets their needs.
I rise today to offer legislation that will provide retirement stability to our public safety officers by allowing Kentucky to operate what is known as a ``divided retirement system.''
With passage of my legislation and legislation already passed by the Kentucky General Assembly, Louisville's and Jefferson County's police officers would decide whether or not they want to participate in Social Security or remain in their traditional retirement plan. While future employees will be automatically enrolled in Social Security, no current officers would be forced into a new retirement system as a result of the merger without their approval.
Current Federal law allows twenty-one States the option of offering divided retirement systems. Unfortunately, Kentucky is not one of these twenty-one states. The legislation I am offering today would change that by adding Kentucky to list of states designated in the Social Security Act.
The language I introduce today was included in legislation, H.R. 4070, that passed both the House and the Senate in the 107th Congress. Unfortunately, there were differences in the House and Senate versions of H.R. 4070, unrelated to the Louisville language, that were resolved only shortly prior to the adjournment of the 107th Congress. Unfortunately, the 107th Congress adjourned sine die before this compromise version of H.R. 4070 could be considered by both bodies of Congress.
It is critical that the Senate provide this retirement stability to the brave men and women who protect the citizens of Louisville and Jefferson County everyday. There is extensive precedent for granting Kentucky this authority, and my legislation enjoys the broad, bipartisan support of policemen, firefighters, local and state officials, and the Social Security Administration.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, I congratulate the gentleman from California (Chairman Hunter) and the gentleman from Missouri (Mr. Skelton) for bringing this…
Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, I congratulate the gentleman from California (Chairman Hunter) and the gentleman from Missouri (Mr. Skelton) for bringing this resolution to the floor.
Mr. Speaker, in early February, the Speaker asked five of us to travel to the Middle East, first stopping in Kurdistan, on into Uzbekistan. We attempted to get into Afghanistan, but, due to bad weather, we were unable to; and also on into Kuwait city.
The purpose of that trip was to deliver a message from the Congress of the United States about the support that we have for Enduring Freedom and for the operation that is going on that they are carrying out today.
On our visit to each of the stops, we had four ways of expressing our gratitude. One, we had banners, banners that had inscribed the words from the President's State of the Union Address, when he addressed the troops and said, you believe in America, and America believes in you. Those banners were signed by hundreds of people, not just Members of Congress, but people from across the country who visited here in Washington. Each of those banners was signed by the Commander in Chief.
Another way that we had of expressing the gratitude of the Congress was a video, a 10-minute video which began with the Speaker of the House delivering a message personally, the Commanding General of Fort Benning, Georgia, people from the PX, people from the streets, also the gentlewoman from California (Ms. Harman), the gentleman from Georgia (Mr. Bishop), Vice President Dick Cheney, and ending by a message from the Commander in Chief, President Bush.
The third way that we expressed our gratitude from the Congress was with a flag. We presented each stop, each unit that we visited, with a flag that had been previously flown over the Capitol of the United States.
Five of us were traveling; the gentleman from New Jersey (Mr. Pascrell), the gentleman from Massachusetts (Mr. Capuano), the gentleman from Alabama (Mr. Everett), the gentleman from South Carolina (Mr. Wilson) and myself. Never once did we identify ourselves at any stop as other than Members of Congress. We did not carry a label by party, just Members of Congress, to express our gratitude.
The fourth way was there in person, to personally deliver the message. We never heard one complaint, and we shook the hands of thousands of men and women in uniform. Not one complaint, but a lot of fine compliments to the Congress and to the Commander in Chief. Proud to serve both.
But to our surprise in Uzbekistan, as we were presenting these gifts and expressions of gratitude of the Congress, they had a gift for the Congress. They had a flag that they had flown over the air base, K-2 in Uzbekistan, a forward operation base for Enduring Freedom. But not only did they fly it over the base, they put it aboard a C-130 gunship and flew it over Afghanistan, because they wanted to express to us their gratitude for what we do as Congress and for our Commander in Chief.
Should we not be doing that today in the same fashion that the five of us traveled, as Members of Congress; not by party label, just Members of Congress, proud to be so, and proud of our soldiers and our airmen, our sailors, our marines, our Coast Guard.
God bless each and every one, and God bless our Commander in Chief.
Mr. President, predictions that the Internet Tax Freedom Act would topple Western Civilization have not come to pass. Since the moratorium on taxation of out-of-State, online sales was first enacted…
Mr. President, predictions that the Internet Tax Freedom Act would topple Western Civilization have not come to pass. Since the moratorium on taxation of out-of-State, online sales was first enacted in October 1998, not a single community, county or state has come forward to prove it is being injured by its inability to impose discriminatory taxes on electronic commerce. There is simply no evidence that States have lost revenue by technology-driven commerce. On the contrary, the technology sector itself has been pounded as hard as any sector by the economic downturn.
Across the country States are facing tremendous budget pressures. My own State of Oregon is facing a nearly 20 percent budget shortfall, and Oregon has the highest unemployment rate in the Nation. The shift from black ink to red is the result of this Administration's failed economic policies, not the inability of States to impose discriminatory taxes on Internet sales.
Adding new taxes on the backs of consumers is not the way to salvage weakened State and local economies. Sales taxes are among the most regressive revenue measures, and imposing new sales taxes at this time could actually make a bad economic situation worse. A number of States seem to be arguing that their economic future is tied to taxing technology entrepreneurs located thousands of miles away with no physical presence in their jurisdiction. I don't share this view. The reason States don't tax remote sellers, as former Massachusetts Governor Celluci has testified before the Senate, is they don't want the political heat. Few of the 45 States that could collect a use tax on all items their residents have purchased out-of-State actually do so. Most States simply chose not to enforce their own laws, preferring to export their tax burden to out of state businesses who get no benefit from the taxing state.
Congress will soon be asked again by the Streamlined Sales Tax Project States to take the political heat for new sales taxes. The U.S. Senate has voted three times in recent years on whether to overturn Quill to require remote sellers with no nexus to serve the States as their tax collectors. Every time the Senate has rejected the notion. On January 19, 1995, the Senate voted 73-25 to table the amendment; on October 2, 1998, the Senate voted 66-29 to table the amendment; and most recently, on November 15, 2001, the Senate voted 57-43 to table the amendment.
As Congress revisits this issue again this year, we should remember what the Supreme Court said in Quill: ``Congress is . . . free to decide whether, when and to what extent the States may burden mail- order concerns with a duty to collect use taxes.'' The authority the Constitution vests in Congress to regulate interstate commerce--online or otherwise--is an enormous power that must be exercised with great care and caution. I believe the moratorium should be extended indefinitely, and that is what the legislation I introduce today would do. I am pleased to be joined once again in this effort by Representative Chris Cox, and ask unanimous consent that the text of the bill be printed in the Record.
Mr. Speaker, I thank the gentleman for yielding me the time. I rise this morning to honor the men and women of our armed services by supporting the support the troops resolution. I believe the time…
Mr. Speaker, I thank the gentleman for yielding me the time.
I rise this morning to honor the men and women of our armed services by supporting the support the troops resolution.
I believe the time has come for Americans to put aside our differences concerning Operation Iraqi Freedom and to stand together to show solidarity for the men and women in our Armed Forces. It is time for all Americans to show their support for the mothers and fathers, the sons and daughters and friends and loved ones who are serving our Nation and defending our freedom.
Our Nation, at the guidance of our President, is facing the inevitable action in Iraq. War is something that we would never dream of for our children to see or to hear. There comes a time, however, when we must unite together and show the enemy that we will stand up for our freedoms, freedoms that our forefathers fought for and won, and we will fight to ensure that the United States remains a beacon of hope and freedom that brightens the world.
One woman in my district, Judith Allen of Denton, Texas, has done her part. After saying good-bye to her son, Private Joseph Paul Terrace, who is part of the Army's 101st Airborne Division, Judith formed the Military Support Group of Denton, Texas. The group is open to families and friends with loved ones in the Armed Forces.
Judith's son answered the call to duty and said in a recent interview with the Denton Record Chronicle, ``Nobody actually wants to go to war, but they want to do their job, and they want to keep people safe, and we realize how much a real threat things are these days.''
In my home county of Denton, Texas, county Judge Mary Horn and her husband Jim have a son also named Jim who is now in an undisclosed region in the Gulf. Keith Self, a man who was in the Republican primary with me in our six-way primary last spring, we were opposed during the primary, but we became friends and have remained friends since that time, Lieutenant Colonel Self was recalled to Active Duty and now serves in an undisclosed location in the Gulf.
My own son Mike serves in the Air National Guard in Fort Worth, Texas. While he has not been called into Active Duty, part of his unit has and is now in an undisclosed location in the Gulf.
I do not believe that in our ordinary life we think about the sacrifices that our U.S. military personnel make, from the hardship of time away from families and children to the hundreds of reservists who unselfishly answer the call to duty. These men and women protect our borders, shield our skies, guard our country, believe in America and support our President. These brave souls will march the same steps of previous generations who gave of their lives to defend our homeland and to secure the blessings of liberty for our country and for generations to come.
While our troops and allies exemplify the true spirit of patriotism, we, the citizens at home, must remain united for freedom and show the world we believe in liberty more than the horror of allowing a deadly dictator to threaten the security of liberty.
Mr. Speaker, as a veteran I stand behind our troops, and I ask everyone to get together in the form of solidarity. Mr. Speaker, several months ago, when we voted on the President's Iraq resolution,…
Mr. Speaker, as a veteran I stand behind our troops, and I ask everyone to get together in the form of solidarity.
Mr. Speaker, several months ago, when we voted on the President's Iraq resolution, we all hoped war could be avoided, even though most of us believed deep down that it was a forgone conclusion. It was just a matter of when. Well, the day we all knew would come upon us. As we speak the U.S. Army 7th Calvary has engaged the enemy inside Iraq.
This is a difficult dilemma. We hope and pray that Saddam does not have any weapons of mass destruction to use against our troops. My faith teaches me that only those who are without sin should cast the first stone in conflict. We have cast the stone, and we'll just have to wait and see what the effects will be.
However, Mr. Speaker, none of that is important anymore. The most important issue we face as any war begins is how we are going to support our brave men and women in uniform. No matter how we feel about the prospect of waging war at this time, we must stand solidly behind our troops. Hundreds of soldiers from my district have already deployed. Thousands more from the Inland Empire and across California are heading to the Persian Gulf region. Even more Californians are serving our Nation in the Army, Navy, Air Force and Marines all over the World. It saddens me to think that some of these men and women will not return home to their mothers and fathers, to their sons and daughters, to their husbands and wives.
We can support our troops by keeping the promises we have made to our veterans, and by providing them with the benefits and healthcare that they have earned through their services to our Nation.
Mr. Speaker, as I think about the lives that may be lost in the coming days and weeks, I ask myself one question. Could this situation have been avoided? Although I cannot answer this question with 100 percent certainty, I have always believed that there was a diplomatic solution to the Iraq crisis. I believed that when I voted for a resolution in October authorizing the President to use our armed forces in support of any U.N. resolution mandating the disarmament of Saddam Hussein. Mr. Speaker, I still believe that now. Unfortunately, the diplomatic window is closed. Diplomacy no longer seems to be an option.
But I want my colleagues to hear me when I say this. Now is not the time to debate misguided or unsuccessful policies. Now is the time to come together and support our brave men and women in uniform. We must let them and their families know that we appreciate their sacrifice. Let us rally around our troops and show the world that our Nation stands united. I hope the unity that Members on both sides of the aisle are showing tonight sends a strong signal to our troops. We are thinking of you and praying for you.
Mr. Speaker, I do have one request. I ask my constituents, and every American, to light a candle and pray for our troops and pray for all the innocent victims of this war.
Mr. Speaker, I reserve the right to object. Mr. Speaker, I would say to the gentleman from California (Mr. Hunter), we are all patriots and we all want to support the troops, including our colleague.…
Mr. Speaker, I reserve the right to object.
Mr. Speaker, I would say to the gentleman from California (Mr. Hunter), we are all patriots and we all want to support the troops, including our colleague. We all want to support their families.
In hopes of trying to come to an agreement here, I am wondering if the gentleman would be willing to modify his unanimous consent request to include a more neutral resolution which supports the troops, as we all do, for their valiant and dedicated work, consistently performing in a professional manner; and which supports the families at this time of difficulty and trial?
Since I think unanimously there is a way that we can all agree on this, would the gentleman be prepared to support House Concurrent Resolution 105, which I left at the desk and which is at the desk there, which is a resolution that supports the troops, but does not require Members to agree with the policy in Iraq?
I yield to the gentleman from California.
Mr. Speaker, I reclaim my time.
To the gentleman, and he is a gentleman, I would like to say that we all agree that we want to support the troops. This resolution, however, or at least half of it, is not about the troops. At least half of it is about the war in Iraq, which is a matter of contention. We understand that. There are 133 Members of this House who voted against the Iraq resolution.
The gentleman has made his decision, and I regret the decision, which
Mr. Speaker, I think the gentleman is correct. I think this House should be able to give a commendation to the troops.
Mr. Speaker, I will withdraw my reservation of objection in the hopes that in the course of the debate we can clarify that while we all support the troops, there are many of us who have reservations about the wording of this resolution and it going beyond support for the troops.
I yield to the gentleman from Massachusetts.
Mr. FRANK OF Massachusetts. Mr. Speaker, I was glad to hear the gentleman from California respond to the gentleman from Ohio when the gentleman from Ohio referred to that part of the resolution which quotes the President's letter and said he disagreed with it in effect.
The response from the gentleman from California was that simply factually recounts the President's letter. If, in fact, he is saying this is not necessarily by this body an endorsement of that, but simply a recognition of the fact that the President says it, and this is on the record, I think that would help us advance this.
So I appreciate the gentleman from California having made that point that that particular phrase that the gentleman from Ohio mentioned is not the wording of this House. It is a reference to a fact that the President said that, and it does not reflect one way or the other what individual Members might think.
Mr. Speaker, I withdraw my reservation of objection.
Mr. Speaker, I thank the gentleman from California (Mr. Hunter), the chairman of the Committee on Armed Services, and the gentleman from Missouri (Mr. Skelton), the ranking member, for bringing this…
Mr. Speaker, I thank the gentleman from California (Mr. Hunter), the chairman of the Committee on Armed Services, and the gentleman from Missouri (Mr. Skelton), the ranking member, for bringing this resolution to the floor to express our support for our citizen soldiers, all of our men and women who proudly wear the uniform of our armed services, as they are now in harm's way fighting the war against terror in Iraq.
Mr. Speaker, I am not here to debate the substance of the merits of the war, but only to express our support, especially for the families and loved ones who anxiously wait and wonder if their husbands, wives, brothers and sisters, mothers or fathers, aunts and uncles and friends will return from the war.
As a Vietnam veteran, nothing warms the hearts and minds of our soldiers, sailors, airmen or Marines more than to know that we here in this Chamber support and pray for their welfare, knowing that at any moment our men and women in the military walk a very thin line between life and death.
Mr. Speaker, the words of Martin Luther King, Jr., ring well in my ears tonight. He said, ``In the end, we will not remember the words of our enemies, but the silence of our friends.''
Mr. Speaker, God bless our men and women in the Armed Forces.
Mr. Speaker, I thank the distinguished Chairman of the Armed Services Committee (Mr. Hunter) and our senior ranking member, Mr. Skelton, for bringing this resolution to the floor, to express our fullest support for our citizens-soldiers--all our men and women who proudly wear the uniforms of our armed services, as they are now in harm's way fighting the war in Iraq.
I am not here to debate the substance or the merits of the war, but only to express our support especially for the families and loved ones who anxiously wait and wonder if their husbands and wives, fathers, mothers, brothers and sisters, uncles and aunts and friends will return from the war.
As a Vietnam veteran, Mr. Speaker, nothing warms the hearts and minds of our soldiers, our sailors, our marines and our airmen more than to know that we here in this Chamber support and pray for their welfare-- knowing that any moment our men and women in the military walk a very thin line between life and death.
Mr. Speaker, the words of Rev. Martin Luther King, Jr. rings well in my ears tonight. He said, ``In the end, we will not remember the words of our enemies, but the silence of our friends.''
Mr. Speaker, as the most powerful military power in the world, we need to also be reminded of a statement made centuries ago by Thucydides who said, ``Of all manifestations of power, restraint impresses most men.''
Mr. Speaker, God bless our men and women in the armed forces.
Mr. Speaker, I stand in strong support of our troops and our families. Mr. Speaker, at this moment my prayers and thoughts are with the service men and women who are braving the fierceness of battle…
Mr. Speaker, I stand in strong support of our troops and our families.
Mr. Speaker, at this moment my prayers and thoughts are with the service men and women who are braving the fierceness of battle in the deserts of Iraq. My best wishes are with them and their families for a safe return home. I have no doubt that they will be victorious in their undertaking and perform their duties honorably and bravely.
I have a particularly soft spot in my heart for the service men and women serving in Michigan's National Guard and reserve units that are now activated to duty. They are providing a myriad of services and tasks on behalf of the war effort and in service to our nation.
The politics of war should stop when the first shot is fired and when the men and women who make up our armed forces move into the field of battle. Some Members in this chamber have taken exception to the Administration's handling of the Iraq crisis, and I include myself among those who have had strong reservations about our road to war. If this were a simple resolution expressing our support and best wishes for the safe return of our troops, it would have my complete and unquestioning support. As a Member of the House Appropriations Committee, I will do everything I can to make sure that our troops are provided with the equipment and resources necessary to ensure their safety and support their families.
But I have strong reservations about the course of action that took us into our present state of war. My position on this war has been plainly clear since the beginning, when the Administration first proposed using preemptive action against Iraq. I supported working through the United Nations and our allies and using all diplomatic means possible to disarm Saddam Hussein. I do not feel that the President stayed true to this path and exhausted all diplomatic means available. Therefore, I could not in good, moral conscious, vote ``yes'' for this resolution because it represents an affirmation of the policy of pre-emption. I strongly disagree with the application of a pre-emptive doctrine. It is counter to our values as a democratic nation and our American tradition.
Now that we are committed, our troops are bound to perform their mission effectively and destroy the Iraqi war machine. As they pursue their objective, they will encounter many perils as the war follows its course. I share with the President the wish that their job will be completed swiftly so that they will soon be returning home to their loved ones.
Mr. Speaker, I thank the gentleman for yielding time to me. Mr. Speaker, as I sat last night in front of the TV, I could not take my eyes off of the images that I was seeing because, as a mother, I…
Mr. Speaker, I thank the gentleman for yielding time to me.
Mr. Speaker, as I sat last night in front of the TV, I could not take my eyes off of the images that I was seeing because, as a mother, I was thinking of my son. The gentlemen know that a mother's love is different than a father's love.
As I sat there, I thought of my grandmother, who sent two young sons off to war. I thought of my uncle, who was missing in action for over 13 months; of how the family felt when they did not know whether he was dead or alive. I
thought of my brother-in-law, who served in Korea. I thought of him because that, as you know, is the forgotten war. I thought of my brother who served in Germany.
I thought of the heroes among us in this Chamber, the veterans that we love and we honor. I thought of when I first shook the hand of the gentleman from Texas (Mr. Sam Johnson). When I found out why his hand was crippled, I thought of how I wanted to kiss his hand and honor him.
Tonight, with a mother's heart, I want to say, God bless each one of the young men and women who are serving us. God bless their families that have made the sacrifice. When we are away from our loved ones, we want to hold them; and we are holding them in our hearts.
Today I got an e-mail from John, and it touched me. Let me just share it with you:
``Hey, everyone, I just wanted to drop an e-mail to you to let you know I am doing great and that I am safe and sound. Here on the ship, the spirits are high. Everyone is going about their business like we do every day. Everyone here is united in the spirit of what we are doing. It gives us a sense of how important our job really is. All the late hours, all the things we put up with, are now justified.
``Just wanted to give you a quick update and thank you for your thoughts and your prayers.''
Tonight my thoughts and prayers are with our Commander in Chief. I pray that the Lord would give him wisdom. I pray for the team that he has surrounded himself with. I pray for the families whose young people are serving.
I want to give a clear message to every one of those young men and young women: never again in this Nation should we tell anyone who is serving that we do not appreciate what they have done, because we appreciate every one of them. We love them and we hold them in our hearts tonight. God willing they will come home so we can hold them in our arms again.
Mr. Speaker, I thank the gentleman for yielding me this time, and I thank him and the gentleman from Missouri (Mr. Skelton), my good friend, the two of them, for bringing this resolution to the…
Mr. Speaker, I thank the gentleman for yielding me this time, and I thank him and the gentleman from Missouri (Mr. Skelton), my good friend, the two of them, for bringing this resolution to the floor.
We all remember the words of Thomas Jefferson: ``We hold these truths to be self-evident that all men are created equal, that they are endowed by their Creator with certain unalienable rights and among these are life, liberty, and the pursuit of happiness.''
And we remember the words of Abraham Lincoln: ``With malice toward none, with charity for all, let us work together to bind up the Nation's wounds.''
And another century passing by, we remember Martin Luther King, Jr. and his dream that little children will not
be judged by the color of their skin, but by the content of their character.
This great Nation of ours has seen periods of great joy, wretched despair, and great sacrifice. And still, we come, children of democracy, again here tonight to find our place in history. Our young men and women, once again on the front lines of history, once again in anticipation of great joy, although for some there will be wretched despair because some will not come home, we give them our praise and support for the sacrifice that they are now enduring as they bear the greatest burden of preserving and restoring freedom during this present crisis.
Mr. Speaker, I would like to close with a very familiar poem by a Canadian soldier during World War I who did not make it home:
``In Flanders fields the poppies blow
Between the crosses, row by row
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.
``We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie
In Flanders fields.''
Those who lie in Flanders fields said,
``Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.''
The Americans in the Middle East are bearing the burden of the present crisis, and we come here tonight to mix and to mingle and to speak and to have differences, but the unity of this Congress, the unity of this Nation will linger for decades to come.
I stand here tonight to support the resolution.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 26 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 26
To amend the Internal Revenue Code of 1986 to provide that dividend and
interest income of individuals not be taxed at rates in excess of the
maximum capital gains rate.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 7, 2003
Mrs. Hutchison introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide that dividend and
interest income of individuals not be taxed at rates in excess of the
maximum capital gains rate.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DIVIDENDS AND INTEREST OF INDIVIDUALS TAXED AT CAPITAL GAIN
RATES.
(a) In General.--Section 1(h) of the Internal Revenue Code of 1986
(relating to maximum capital gains rate) is amended by adding at the
end the following new paragraph:
``(13) Dividends and interest taxed as net capital gain.--
``(A) In general.--For purposes of this subsection,
the term `net capital gain' means net capital gain
(determined without regard to this paragraph),
increased by qualified dividend income and qualified
interest income.
``(B) Qualified dividend income.--For purposes of
this paragraph--
``(i) In general.--The term `qualified
dividend income' means dividends received from
domestic corporations during the taxable year.
``(ii) Certain dividends excluded.--Such
term shall not include--
``(I) any dividend from a
corporation which for the taxable year
of the corporation in which the
distribution is made, or the preceding
taxable year, is a corporation exempt
from tax under section 501 or 521,
``(II) any amount allowed as a
deduction under section 591 (relating
to deduction for dividends paid by
mutual savings banks, etc.), and
``(III) any dividend described in
section 404(k).
``(iii) Minimum holding period.--Such term
shall not include any dividend on any share of
stock with respect to which the holding period
requirements of section 246(c) are not met.
``(C) Qualified interest income.--For purposes of
this paragraph, the term `qualified interest income'
means--
``(i) interest on deposits with a bank (as
defined in section 581),
``(ii) amounts (whether or not designated
as interest) paid, in respect of deposits,
investment certificates, or withdrawable or
repurchasable shares, by--
``(I) a mutual savings bank,
cooperative bank, domestic building and
loan association, industrial loan
association or bank, or credit union,
or
``(II) any other savings or thrift
institution which is chartered and
supervised under Federal or State law,
the deposits or accounts in which are insured
under Federal or State law or which are
protected and guaranteed under State law,
``(iii) interest on--
``(I) evidences of indebtedness
(including bonds, debentures, notes,
and certificates) issued by a domestic
corporation in registered form, and
``(II) to the extent provided in
regulations prescribed by the
Secretary, other evidences of
indebtedness issued by a domestic
corporation of a type offered by
corporations to the public,
``(iv) interest on obligations of the
United States, a State, or a political
subdivision of a State (not excluded from gross
income of the taxpayer under any other
provision of law), and
``(v) interest attributable to
participation shares in a trust established and
maintained by a corporation established
pursuant to Federal law.
``(D) Special rules.--
``(i) Amounts taken into account as
investment income.--Qualified dividend income
and qualified interest income shall not include
any amount which the taxpayer takes into
account as investment income under section
163(d)(4)(B).
``(ii) Nonresident aliens.--In the case of
a nonresident alien individual, subparagraph
(A) shall apply only--
``(I) in determining the tax
imposed for the taxable year pursuant
to section 871(b) and only in respect
of amounts which are effectively
connected with the conduct of a trade
or business within the United States,
and
``(II) in determining the tax
imposed for the taxable year pursuant
to section 877.
``(iii) Treatment of dividends from
regulated investment companies and real estate
investment trusts.--
``For treatment of dividends from
regulated investment companies and real estate investment trusts, see
sections 854 and 857.''
(b) Exclusion of Dividends and Interest From Investment Income.--
Subparagraph (B) of section 163(d)(4) of the Internal Revenue Code of
1986 (defining net investment income) is amended by adding at the end
the following flush sentence:
``Such term shall include qualified dividend income (as
defined in section 1(h)(13)(B)) or qualified interest
income (as defined in section 1(h)(13)(C)) only to the
extent the taxpayer elects to treat such income as
investment income for purposes of this subsection.''
(c) Treatment of Dividends From Regulated Investment Companies.--
(1) Subsection (a) of section 854 of the Internal Revenue
Code of 1986 (relating to dividends received from regulated
investment companies) is amended by inserting ``section
1(h)(13) (relating to maximum rate of tax on dividends and
interest) and'' after ``For purposes of''.
(2) Paragraph (1) of section 854(b) of such Code (relating
to other dividends) is amended by redesignating subparagraph
(B) as subparagraph (C) and by inserting after subparagraph (A)
the following new subparagraph:
``(B) Maximum rate under section 1(h).--
``(i) In general.--If the sum of the
aggregate dividends received, and the aggregate
interest described in section 1(h)(13)(C)
received, by a regulated investment company
during any taxable year is less than 95 percent
of its gross income, then, in computing the
maximum rate under section 1(h)(13), rules
similar to the rules of subparagraph (A) shall
apply.
``(ii) Gross income.--For purposes of
clause (i), in the case of 1 or more sales or
other dispositions of stock or securities, the
term `gross income' includes only the excess
of--
``(I) the net short-term capital
gain from such sales or dispositions,
over
``(II) the net long-term capital
loss from such sales or dispositions.''
(3) Subparagraph (C) of section 854(b)(1) of such Code, as
redesignated by paragraph (2), is amended by striking
``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''.
(4) Paragraph (2) of section 854(b) of such Code is amended
by inserting ``the maximum rate under section 1(h)(13) and''
after ``for purposes of''.
(d) Treatment of Dividends Received From Real Estate Investment
Trusts.--Section 857(c) of the Internal Revenue Code of 1986 (relating
to restrictions applicable to dividends received from real estate
investment trusts) is amended to read as follows:
``(c) Restrictions Applicable to Dividends Received From Real
Estate Investment Trusts.--
``(1) In general.--For purposes of section 1(h)(13)
(relating to maximum rate of tax on dividends and interest) and
section 243 (relating to deductions received by corporations),
a dividend received from a real estate investment trust which
meets the requirements of this part shall not be considered a
dividend.
``(2) Treatment as interest.--
``(A) In general.--For purposes of section
1(h)(13), in the case of a dividend (other than a
capital gain dividend, as defined in subsection
(b)(3)(C)) received from a real estate investment trust
which meets the requirements of this part for the
taxable year in which it paid--
``(i) such dividend shall be treated as
interest if the aggregate interest received by
the real estate investment trust for the
taxable year equals or exceeds 75 percent of
its gross income, or
``(ii) if clause (i) does not apply, the
portion of such dividend which bears the same
ratio to the amount of such dividend as the
aggregate interest received bears to gross
income shall be treated as interest.
``(B) Adjustments to gross income and aggregate
interest received.--For purposes of subparagraph (B)--
``(i) gross income does not include the net
capital gain,
``(ii) gross income and aggregate interest
received shall each be reduced by so much of
the deduction allowable by section 163 for the
taxable year (other than for interest on
mortgages on real property owned by the real
estate investment trust) as does not exceed
aggregate interest received by the taxable
year, and
``(iii) gross income shall be reduced by
the sum of the taxes imposed by paragraphs (4),
(5), and (6) of section 857(b).
``(C) Aggregate interest received.--For purposes of
this subsection, aggregate interest received shall be
computed by taking into account only interest which is
described in section 1(13)(C).
``(D) Notice to shareholders.--The amount of any
distribution by a real estate investment trust which
may be taken into account as interest for purposes of
section 1(h)(13) shall not exceed the amount so
designated by the trust in a written notice to its
shareholders mailed not later than 45 days after the
close of its taxable year.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
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