A bill to amend the Agricultural Adjustment Act to prohibit the Secretary of Agriculture from basing minimum prices for Class I milk on the distance or transportation costs from any location that is not within a marketing area, except under certain circumstances, and for other purposes.
Legislative Activity
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Referred to the Committee on Agriculture, Nutrition, and Forestry.
January 7, 2003
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Introduced in Senate
January 7, 2003
Sponsor introductory remarks on measure. (CR S47-48)
January 7, 2003
Referred to the Committee on Agriculture, Nutrition, and Forestry.
January 7, 2003
Floor Debate
24 membersWhat members said about S. 42 on the floor
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Floor Debate
24 membersWhat members said about S. 42 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. 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. 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, I rise today to honor and pay tribute to Marine Sgt. Brian McGinnis of the Marine Light Attack Helicopter Squadron 169, who made the ultimate sacrifice for his country on March 30, 2004…
Mr. Speaker, I rise today to honor and pay tribute to Marine Sgt. Brian McGinnis of the Marine Light Attack Helicopter Squadron 169, who made the ultimate sacrifice for his country on March 30, 2004 in southern Iraq. In the words of his fellow Marines, Sgt. McGinnis was a trusted mentor, a brother, and a hero.
Sgt. McGinnis, a graduate of William Penn High School and native of St. Georges, Delaware joined the Marine Corps because as he stated, he, ``wanted to be a part of the best.'' As a member of the U.S. Armed Services, Sgt. McGinnis had fulfilled his goal of becoming a part of the best fighting force in the world. Sgt. McGinnis had the opportunity to take part in activities he loved in the Marine Corps and had received his crew wings the day before he met with tragedy in southern Iraq. The most important aspect of Sgt. McGinnis' service in Iraq was the sense of pride he felt knowing that he was serving his country.
Mr. Speaker, it is not possible to quantify the sense of loss our great Nation feels when faced with the loss of life of our men and women in the U.S. Armed Services. Nonetheless, I will say that Sgt. Brian McGinnis will be deeply missed by his family, his friends, the Marine Corps, and by his Nation. His service for our Nation and the service of countless men and women before and after him will never be forgotten.
Mr. Speaker, as we approach Memorial Day, I would like to rise in honor of a courageous young soldier who died September 7, 2003, of injuries suffered August 30 when the truck he was driving in a supply convoy was hit by a civilian vehicle in Iraq. U.S. Army Specialist Jarrett B. Thompson was a member of the Lewes, Delaware-based 946th Transportation Company, and sadly was our State's first war casualty from a Reserve or National Guard unit.
At only 27 years of age, Jarrett was a brave young reservist who valiantly served his state and country. A Dover resident who grew up in Millington, Maryland and played high school football, Jarrett joined the Army in March of 1994. Following a 3-year tour of active duty at Fort Campbell, Kentucky, he continued his commitment to service as a member of the Army Reserve. When he was called to active duty in January 2003, Jarrett dutifully accepted service in the Middle East, where his fellow reservists described him as an energetic, mission- oriented soldier.
In civilian life, Jarrett was a design engineer for Ashland Equipment, Inc. A proud son and devoted husband and father, Jarrett will be deeply missed by his parents, Judy Coleman Thompson and Allen B. Thompson, his wife Kelly, and their sons Conner and Collin. At his funeral in September, Jarrett received a 21-gun salute and the Bronze Star Medal in honor of his noble service to our Nation.
Mr. Speaker, it is my sincere privilege to honor the life of a proud soldier and heroic representative of the State of Delaware. Army Specialist Jarrett B. Thompson was an honorable defender of liberty, and he deserves our gratitude and respect.
Mr. Speaker, I rise today in honor of a brave young Army Ranger who died Thursday, April 3, 2003, due to suicide car-bomber at a checkpoint northwest of Baghdad. U.S. Army Specialist Ryan P. Long was a proud Ranger who gave his life, along with two of his fellow soldiers, helping the Third Battalion of the 75th Ranger Regiment operate a checkpoint outside of Baghdad.
At only 21 years of age, Ryan was an inspirational young Delawarean who graduated from Seafood High School in June of 1999, where he had been vice commander of the Naval Junior ROTC program. Ryan joined the Army and became an Army Ranger, where he was part of an elite group chosen to carry out special missions. He was stationed in Fort Benning, Georgia and was deployed twice to Afghanistan before his service in Iraq, where he continued the noble fight against terror.
Ryan was a patriotic American who enjoyed soccer, golf, snowboarding, and motorcycles. Ryan was a fourth generation soldier, his father is retired Major Rudolf ``Rudy'' Long. Ryan followed in his family's tradition and chose to serve his country. He will be deeply missed by his parents, Rudy and Donna, and brother, his friends, teachers, and fellow soldiers.
Mr. Speaker, it is my sincere privilege to honor the life of a proud Ranger and heroic representative of the State of Delaware. Army Specialist Ryan P. Long deserves our gratitude and respect.
Mr. Speaker, I rise today to pay tribute to the heroic life of U.S. Army Staff Sergeant Joseph Garyantes who died May 19, 2004, while securing freedom for the people of Iraq. Staff Sergeant Garyantes was patrolling Muqdadiyah, Iraq, just outside of Baghdad when his vehicle was attacked by sniper fire, ending the life of this dedicated soldier.
Staff Sergeant Garyantes was born in Wilmington, Delaware, and for most of his childhood called the Rehoboth Beach area home. He attended Epworth Christian School in Laurel, and at an early age contemplated a life in the Christian ministry. Eventually his selflessness and unwavering desire to help others drew him to military service. From what I have learned about this remarkable young man, it is apparent that Staff Sergeant Garyantes truly enjoyed helping others overcome the difficulties in their lives. For example, he wrote a letter to the editor while stationed in Germany, in response to a young soldier's complaint about the difficulties of Army life. His response was not negative or demeaning, he offered solutions and words of encouragement to this fellow soldier.
Staff Sergeant Garyantes, because of his inherent desire to lead and guide others to greatness, certainly would have found a way to inspire others in any career he chose, but he chose to join the U.S. Army. He chose to subject himself to the daily rigors of military service because he valued the well-being of others--ultimately at the cost of his own life. And although he will be missed tremendously by his wife and children, his family and friends, and his fellow soldiers, it is my hope that they can take comfort in his devotion to serving those in need, which will be his legacy.
Mr. Speaker, it is not often that I have the opportunity to honor the life of a true hero and American patriot such as Staff Sergeant Joseph Garyantes. His devotion to his fellow man is truly amazing, and he deserves our utmost respect and admiration.
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Mr. Speaker, today, I rise in support of our troops. I rise in support of all of our men and women serving in our armed forces, and especially the 300,000 brave men and women that have been serving…
Mr. Speaker, today, I rise in support of our troops. I rise in support of all of our men and women serving in our armed forces, and especially the 300,000 brave men and women that have been serving in Iraq and Afghanistan.
To our young countrymen and women serving their country in Afghanistan and Iraq, I salute you and I offer you the following:
As our Nation once again honors those who have served, I pray that this Memorial Day finds you healthy and well.
Some of you may know that, although, I supported our action against al Qaeda in Afghanistan, I voted against President Bush's demand for advance congressional authorization to use military force against Iraq.
In the absence of a clearly demonstrated imminent danger to this Nation, I concluded, giving the President a ``blank check'' for war would be an abdication of my constitutional duty as a Member of the Congress. Further, I believed it would put our young men and women into a conflict that would yield enduring unfavorable outcomes. Once Saddam Hussein was toppled, for what and with whom would we be fighting? Where is the proof of WMDs or the presence of al Qaeda in Iraq? These were just a few of the many questions I and many Members of Congress wanted to ask. But in the administration's rush to war and its subsequent insolence, these and many questions remain unanswered.
Today, my reasoning for that conviction remains unchanged. There is not today--nor has there ever been any dispositive proof that Iraq is an imminent danger to our country. Like the majority of the international community, I believe ``imminent danger'' is the proper litmus test for waging a preemptive war. The current administration does not and ignored warnings from many countries who were friends in our fight against terrorism. I ask the Commander-in-Chief, who suffers and will continue to suffer as a result of this affront to the international rules of engagement? The answer is that we all do, but it is our troops who bear the blunt of this suffering.
There has been a tragic loss of life--both among our American troops and among Iraq's civilian population. I knew the human losses would be too great and I did not want our families--or the Iraqi people--to experience the overwhelming grief and remorse that accompanies waging war unnecessarily.
The moral authority of the United States has been undermined-- establishing a devastating international precedent that we may well see echoed within other troubled regions. I believe that the Middle East region has been destabilized, harming the international cooperation that we desperately need to defend this Nation against terrorism.
We must now contemplate the prospect of American troops remaining in Iraq for an indefinite period of time, at great cost to the lives and treasure of our Nation, while its government regroups a country that has been involuntarily bowed.
Tragically, none of these cautions about war prevailed, and hundreds of thousands of young Americans now struggle to survive in harm's way.
With so many questions about the wisdom and consequences of this war left unanswered, what can America say to you--the young men and women who have been called upon to risk your lives?
What can we say to your wives and husbands--or to your parents and children--that could possibly justify your sacrifice?
The current administration that waged this war must search for his own answers to these soul-wrenching questions--and I must speak to you in my own way.
Young people, I hope that these words reach you in Iraq.
You have a right to expect encouragement and support at this difficult and dangerous time. I encourage you and commend you for your bravery. I know you are dealing with circumstances beyond our comprehension.
Nevertheless, you stand at the brink of eternity--and you deserve an honest appraisal. You are doing your duty, just as we in the Congress must do everything within our power to protect you.
So, I will continue to call for clear and convincing evidence that war was necessary and I will continue to support the Federal funding that has helped to make you the best trained and equipped military force in the world. You deserve nothing less.
Human life is too precious to allow anything less.
I am among those whom the administration has not convinced about the wisdom of war in Iraq. Yet, I want you to know that I support you wholeheartedly. You are there to protect and defend and you are serving and have served valiantly.
You are honorable young Americans.
When the President committed your lives to battle, you went to war with your Nation's prayers and unconditional support. I pledge that we will not allow this Nation's response to your service degenerate into the shameful neglect that followed U.S. efforts in Vietnam. We will not blame the failures of our generation upon yours.
Indeed, you have my undying respect.
Neither President Bush nor I have ever been required to risk our own lives in battle. We have not been forced to move forward against the mechanized hell of modern warfare. We have not endured the screams of tormented friends who have fallen at our side.
War leaders of old did not direct war from the safety of their homes. There was great wisdom in the ancient custom that required a leader who ordered others into battle to, himself, fight on the front lines. The danger is not real when it's second-hand.
You are honorable young Americans--you are our young women and men who now stand at the brink of eternity. Over 700 of your brethren and of the Allied Forces have perished. Over 4,500 of you have been injured or maimed. At least 10 claim Maryland as their home State and I have attached their names in memoriam and in recognition of their brave service to our country.
May those who lead America today regain wisdom and bring the rest of you home safely. May our actions from this day forward live up to the example of your sacrifice.
And may God bless you and keep you in His hands.
In Memoriam and in recognition of brave service to our Country-- Operation Iraqi Freedom: Jakia Sheree Cannon, Brandon Lee Davis, Jason Christopher Ford, Cornell Winston Gilmore I, Jason David Mileo, George Arthur Mitchell, Jr., Adam Garber Mooney, Bryan Nicholas Spry, Jeffery Calvin Walker, Kendall Damon Waters-Bey.
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, southwest Missouri learned early in the War on Terrorism of the sacrifices necessary to defend our way of life. Two men from the 7th Congressional District died in less than a week of…
Mr. Speaker, southwest Missouri learned early in the War on Terrorism of the sacrifices necessary to defend our way of life. Two men from the 7th Congressional District died in less than a week of hostilities in Afghanistan.
Stanley L. Harriman, 34, a Chief Warrant Officer in the United States Army, was the first American killed in combat in Afghanistan on March 2, 2002. His death brought the harsh realities of war home to the Ozarks. Harriman was assigned to the 3rd Special Forces Group at Fort Bragg, North Carolina. While Harriman's hometown is Wade, North Carolina, he had family ties to Southwest Missouri. He attended and graduated from Strafford High School in 1985. ``Stanley died for you and you and you,'' his wife, Sheila Harriman, told reporters at Fort Bragg, N.C., ``and for your freedom. All Stanley ever wanted to do was be an American soldier.''
Two days later, Army Sergeant Philip Svitak of Joplin was killed in action. Svitak was killed by friendly fire while in combat with Taliban and al Qaeda forces in eastern Afghanistan during Operation Anaconda on March 4, 2002. Svitak was 31. He was assigned to the 160th Special Operations Group at Ft. Campbell, Kentucky. His wife and two children survived him. He was the only son in a family of veterans. Both his mother and father served in Vietnam. Roseann Svitak said her son ``told me before he went, `Mom, the terrorists have to be stopped.' He said, `If they send me over there and anything happens to me . . . I'm proud to die for my country.' ''
Daniel Kisling, Jr. of Neosho died of injuries suffered in a helicopter crash in Afghanistan on January 30, 2003. Kisling and three other servicemen were aboard a UH-60 Black Hawk helicopter that crashed during a training exercise. Staff Sergeant Daniel Kisling, Jr. served in the U.S. Army for eight years. At the time of the fatal crash he was assigned to the 101st Airborne Division based at Ft. Campbell, Kentucky. He was the crew chief aboard the Black Hawk helicopter. Daniel Kisling was survived by his parents Daniel Leon and Velinda Kisling of Neosho, Missouri, and his sister Lisa. Kisling was married to Georgie McNeill for 14 years. They have three children: Nathan, age 13; Jessie, age 10; and Riley, age 3. A fourth child was born to the couple after Sgt. Kisling's death.
In early May, 2003, Private-First-Class Jess A. Givens was killed in a tank accident along the banks of the Euphrates River west of Baghdad, Iraq. Jesse Givens, son of Connie Givens of Springfield, Missouri, attended Springfield Glendale High School. He was 34 years old. His wife and five-year-old child, who live in Ft. Carson, Colorado, survive him. Givens was with the 3rd Armored Cavalry Regiment. His siblings live in Joplin and Springfield.
Twenty-one-year-old Jonathan Paul Barnes from McDonald County was killed in a grenade attack July 26, 2003 in Iraq. Barnes was a member of the 4th Infantry Division's 1st Battalion, 67th Armored Regiment. He joined the Army in April, 2001. At the time of his death he was guarding a hospital with two fellow soldiers who were also killed. James Barnes, Jonathan's father, who lives in Anderson, Missouri, and pastors the Greenwood Community Church near Southwest City, Missouri, described his son as a ``strong boy, who loved God and his country. He wanted to go,'' his father said. ``He died doing what he wanted to do.'' Jonathan Barnes was survived by his wife Amanda and daughter Michelle of Goodman, Missouri.
1st Lt. Benjamin J. Colgan was killed on November 1, 2003 in Baghdad while responding to a rocket propelled grenade attack. His wife Jill Kathleen Asay of Aurora, Missouri, said, ``He loved his country and wanted to make a difference in the world, and he gave his life to make a better life for the people of Iraq and for all Americans.'' Colgan had been in the U.S. Army 12 years. He was in the 2nd Battalion, 3rd Field Artillery Regiment, 1st Armored Division. Jill Asay gave birth to the couple's third child in December 2003. Daughters Grace, age 2, and Paige, age 1, also survived their father.
U.S. Army Staff Sergeant James `Doug' Douglas Mowris was among 7 U.S. servicemen killed January 29, 2004 in an explosion in Ghazni, Afghanistan, about sixty miles southwest of the country's capital city. ``My husband was proud to serve,'' Mrs. Mowris said. ``He gave the greatest sacrifice anyone can give; that was his life . . . . He was a good husband and wonderful father.'' Doug Mowris was a member of the 414th Military Police Company based in Joplin, Missouri. Mowris had been in the U.S. Army or Army Reserves since 1984. Mowris was 37 years old. He was survived by his wife of 15 years, Michelle, and children Craig, age 14, and McKenzie, age 9.
These men died, leaving friends, family, and children to grieve and remember. We also remember another group of Americans who are civilian casualties of the War on Terror. John Willett and Craig Amundson were Ozarks natives who died in the September 11, 2001 attacks on New York and Washington.
All of these brave men are the faces of this war. They remind me every day of what we are fighting for.
Mr. Speaker, as we celebrate Memorial Day, 2004, we honor both the veterans who fought America's wars, and those who stand on the front lines of today's combat engagements. Each day it seems, news…
Mr. Speaker, as we celebrate Memorial Day, 2004, we honor both the veterans who fought America's wars, and those who stand on the front lines of today's combat engagements.
Each day it seems, news from Iraq carries the awful news of combat deaths as we try to quell a nation and leave it in better hands than before. Most importantly, our troops are still pursuing al Queda and Osama bin Laden in the mountains of Afghanistan and elsewhere around the world to root out the entity that attacked us on 9-11. This generation's solemn mission is to undermine and eradicate the terrorist movement, which continues to grow and evolve, from the face of the Earth.
Today we honor all those who fought for this nation throughout our history. Americans all over the world are remembering friends, family members and countrymen who made the ultimate sacrifice for liberty and democracy. In South Texas, the list of young people lost in the global conflict with al Queda, and now in Iraq, is becoming longer than we can bear. We continue to welcome home other sons and daughters who were injured or captured. Please remember these brave young warriors and their families on this Memorial Day.
As a member of Congress who sits on the House Armed Services Committee, I know what we ask of people in uniform, and I know the difficulties of service. As a veteran, I know what is expected of soldiers and sailors in combat--or in the possibility of combat. The very least we must do for the men and women who serve this nation is provide adequately for their health care now and in their later years.
The attack on our nation on 9-11 served to remind us that firemen, law enforcement officers and doctors also stand on the front lines in the first war of the 21st Century. The world has entered this century through pillars of fire, and the United States is called to fight a global war again, this time against al Queda and the terrorism they sponsor and continue to inspire. Americans, as always, fight for this country, and South Texans always make an extraordinary contribution to our military force.
Today, let us pledge anew to face the challenges of our world with compassion, strength, and understanding as we stand on the watchtower of freedom. On this Memorial Day, let us remember the heroes of our history as we wish for peace as the poets and the dreamers do--but remain ever ready to fight the battles that are righteous, where the values of freedom and democracy are at stake.
Please take a moment of silence and remember the South Texas heroes who answered this nation's call to military service, especially those who gave this nation the ultimate measure of devotion. We remember them all and their families today and always. Our South Texas heroes:
Killed aboard the USS Cole: Petty Officer 3rd Class
Ronchester Santiago, 22, from Kingsville and Fireman Gary
Swenchonis Jr., 26 from Rockport, TX
Army Spc. Edward J. Anguiano, 24, from Los Fresnos, 3rd
Combat Support Battalion from Los Fresnos; he went missing on
March 23, 2003, when his convoy was ambushed in Iraq; his
remains were recovered on April 24
1st Sgt. Joe J. Garza, 43, 1st Battalion, 30th Infantry
Regiment, 3rd Brigade, 3rd Infantry Division, from Robstown;
he was killed on April 28, 2003, when he was struck by a
civilian vehicle in Iraq
Pfc. Juan Guadalupe Garza Jr., 20, 1st Battalion, 4th
Marine Regiment, 1st Marine Division from San Benito; he was
killed in action on April 8, 2003, in central Iraq
Staff Sgt. Hector R. Perez, 40, 1st Battalion, 327th
Infantry Regiment, 1st Brigade, 101st Airborne Division (Air
Assault) from Corpus Christi; he was killed when his military
convoy came under fire north of Hawd, Iraq on July 24, 2003
Spc. Jose A. Perez III, 22, 6th Battalion, 27th Field
Artillery Regiment, 18th Field Artillery Brigade, from San
Diego, Texas; he was killed in an ambush of a convoy on May
28, 2003, in Taji, Iraq
Sgt. Christopher Ramirez, 34, 1st Battalion, 16th Infantry,
1st Brigade, 1st Infantry Division, from McAllen; he died
from injuries sustained during combat operations in Al Anbar
Province, Iraq, on April 14, 2004
Sgt. John W. Russell, 26, 4th Battalion, 101st Aviation
Regiment, 101st Airborne Division (Air Assault), from
Portland; he was killed when two 101st Airborne Division UH-
60 Black Hawk helicopters collided in mid-air over Mosul,
Iraq, on November 15, 2003
Pfc. Dustin M. Sekula, 18, 2nd Battalion, 7th Marine
Regiment, 1st Marine Division, 1st Marine Expeditionary
Force, from Edinburg; he died due to injuries sustained from
enemy fire in Al Anbar Province, Iraq, on April 1, 2004
Lance Cpl. Ruben Valdez Jr., 21, 3rd Battalion, 7th Marine
Regiment, 1st Marine Division, 1st Marine Expeditionary
Force, from San Diego; he died from combat injuries in Al
Anbar Province, Iraq, on April 17, 2004
May the Lord bless their souls, and make strong their families, who must live forever without them. And may this list grow no longer . . .
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. 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. Speaker, this Memorial Day we recognize again not only the soldiers who have died for their country over the generations--but also the men and women serving in Iraq and Afghanistan. I am proud of…
Mr. Speaker, this Memorial Day we recognize again not only the soldiers who have died for their country over the generations--but also the men and women serving in Iraq and Afghanistan. I am proud of our soldiers in Iraq who are serving their country with dedication and courage.
Four soldiers from Michigan's First District have made the ultimate sacrifice in Iraq: Staff Sergeants Thomas W. Christensen and Stephen C. Hattamer who were killed on Christmas Day; Staff Sergeant Paul J. Johnson and Private First Class Jason G. Wright. I'd like to take a few minutes to describe these good men.
Sergeant Christensen, a 42-year-old from Atlantic Mine, was a reservist with the 652nd Engineer Battalion and had been overseas for about a year when he was killed. His brother described him as a quiet person who was handsome and smart. Sergeant Christensen had a passion for hunting and fishing and that is why he called the Upper Peninsula of Michigan his home.
Sergeant Hattamer, a 43-year-old from Gwinn, was a member of the same Battalion as Christensen and enjoyed weight lifting, waterskiing, and was famous for his chocolate cake using his mother's recipe. He is survived by his wife and three children. Sergeant Hattamer's love of country and children will live on through the scholarship the local community established in his honor.
Sergeant Johnson, a 29-year-old from Calumet, was assigned to the 1st Battalion, 505th Parachute Infantry Regimen of the famed 82nd Airborne. He was described as the epitome of a paratrooper and he is survived by his wife and son. He was from the ``Copper Country'' in the Keweenaw Peninsula.
Private Jason Wright, a 19-year-old from Luzerne, was assigned to the 1st Battalion, 502nd Infantry Regimen of the famed 101st Airborne. Private Wright was a good student who played baseball, basketball and football in High School. He was protective of his three younger brothers and was truly devoted to his family. Jason Wright will be greatly missed by his family.
All four of these men served with honor and courage and my prayers are with their families. On this and every Memorial Day hereafter when we pause to honor our fallen soldiers, may God Bless their families and America.
Mr. Speaker, as our Nation prepares for the dedication of the National World War II Memorial next weekend, I rise to join my constituents in paying solemn tribute to the nearly 200 World War II veterans of Oscoda County, Michigan. Each and every one of these veterans deserves our continued gratitude for their service, for their sacrifice, and for their leadership.
On May 29th, the residents of Oscoda County will celebrate these members of the greatest generation with a parade, ceremony, and luncheon marking Oscoda World War II Veterans Recognition Day. This day has an added significance: Together they will also be watching the dedication ceremony in Washington, DC, for the National World War II Memorial. I am fortunate that I will have the honor of participating in this event, and will have the chance to thank these veterans in person for the sacrifice they made for our freedom 60 years ago.
I am especially pleased that this event is focused on those veterans that are still with us. On Memorial Day, our nation rightly honors those who made the ultimate sacrifice in the cause of preserving liberty. But we too often forget to thank those who came home to careers and family and civic leadership. By the grace of God they returned home, but this does not diminish their service and sacrifice. Indeed, their leadership and example since have put us further in their debt.
Mr. Speaker, as we all know, the World War II generation, and especially those who fought so bravely in Europe and the Pacific for the freedom we enjoy today, are deserving of our highest honor and deepest gratitude. We must never forget their sacrifice and their courage. I therefore ask that the House join me in paying tribute to that greatest generation, and especially to those who will be at the Oscoda World War II Veterans Recognition events.
Mr. Speaker, I rise today to honor three young men from my district who sacrificed their lives while serving in the Armed Forces in the war on terror. Jason Plite of Delta Township, Eaton County,…
Mr. Speaker, I rise today to honor three young men from my district who sacrificed their lives while serving in the Armed Forces in the war on terror.
Jason Plite of Delta Township, Eaton County, Michigan, was a senior airman in the Air Force who died while on a mission to rescue two injured Afghan children. He was an extraordinary young man who took part in an elite Special Forces program to become an airborne paramedic and was serving his second tour in Afghanistan. Jason was both artistic and athletic, serving as captain of his high school swim team and painting murals for local businesses. A sensitive individual who loved his country, his family and his friends, Jason was always there when someone needed him. He was 21 years old.
D.J. Wheeler of Concord, Michigan, died in Tikrit while serving as gunner on an armored vehicle that was attacked with a rocket-propelled grenade. D.J., whose nickname was ``Sunshine'', enlisted right after the 9/11 attacks. He delighted in handing out dollar bills and candy to Iraqi children and was known for his sense of humor and generous spirit. While attending Lumen Christi High School he played offensive lineman on the football team. In spite of his towering height, he was gentle and loving with friends and family. He was 22 years old.
Bradley Fox of Adrian, Michigan, was an Army gunner in Iraq. He enlisted at age 19, serving in the first Gulf War, Kosovo, Panama and Afghanistan. He was severely wounded when his Bradley Fighting Vehicle was hit by a roadside bomb and he was evacuated to Germany for treatment. Brad was on life-support for a month before he succumbed to his injuries with his wife at his side. His fellow soldiers told his mother, his wife, and children how proud they were to have served with him and what a dedicated leader he had been. Working on his master's degree, he was planning to teach after he completed 20 years in the Army. He was 35 years old.
My tribute to these young men should be measured by showing that they did not strive and die in vain, but that through their sacrifice, future generations can live in greater peace, prosperity, and hope.
Mr. COSTELLO, Mr. Speaker, I rise today to pay tribute to all the many men and women who have died in defense of our nation. Next week is Memorial Day where we join our constituents in honoring those who gave their lives to ensure that we enjoy the principles of liberty, justice, and democracy. During that time, we remember, honor, and reflect on the men and women who paid the ultimate price for their country. Flags fly at half-mast, relatives and friends place wreaths and flowers on the graves of those they loved, and communities host parades adorned in red, white, and blue. These tributes are small tokens we perform in an effort to convey our gratitude to those who have served for the cause of freedom and democracy.
Over this last year, my district alone has lost three soldiers: Pfc. Matthew Bush, Spc. William Dusenbery, and Capt. John Tipton. Further, in my district, Jack Montague, a civilian KBR employee for the Halliburton Corporation, died while working in Iraq. Today and throughout this Memorial Day week, we honor their memories and their families who bear the heaviest burden of our freedom. They are not simply statistics; these fallen soldiers were dads, brothers, sons, neighbors, and community leaders. While the grief and pain may not have faded, I hope it is comforting for them to know that their fallen heroes are loved, honored, respected and their cause was just.
In addition, let us remember that thousands of servicemembers will spend this Memorial Day stationed in other countries defending our freedoms far away from their families. Mr. Speaker, I join my colleagues today in a moment of silence to remember our fallen soldiers and pray for peace.
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Mr. Speaker, I rise today to honor our fallen heroes and to pay tribute to our current military men and women who are serving our Nation in a time of war. I especially want to thank American Samoa's…
Mr. Speaker, I rise today to honor our fallen heroes and to pay tribute to our current military men and women who are serving our Nation in a time of war. I especially want to thank American Samoa's warriors for the sacrifices they have made so that you and I and future generations may live in peace.
American Samoa's sons and daughters have served in record number in every U.S. military engagement from WWII to present operations in our war against terrorism. Our active duty service members are also serving in Operation Iraqi Freedom. In March of this year, over 65 soldiers from American Samoa's Army Reserve Unit were deployed to Iraq and recently we received word that other units from American Samoa will soon follow.
Last year, American Samoa lost two young warriors to the war in Iraq. In August 2003, SPC Farao Kevin Letufuga died in Mosul, Iraq and it was with heavy hearts that CSM Iuniasolua Savusa and I accompanied his body home. Specialist Letufuga served as a member of the 101st Airborne Division. He is the son of Mr. Fetineia'i and Siniva Letufuga of Aoloau, American Samoa.
On October 27, 2003, PVT Jonathan I. Falaniko was killed in Baghdad, Iraq in a rocket propelled grenade attack. Twenty-year-old Jonathan Falaniko had been in the U.S. Army for less than 6 months. He attended basic training at Fort Leonard Wood, MO, in May 2003 and was deployed to Iraq in August 2003. Private Falaniko was then assigned to the 70th Engineer Battalion under the 1st Armored Division, Engineers Brigade of which his father, Ioakimo Falaniko, was the command sergeant major and the most senior enlisted soldier.
CSM Ioakimo Falaniko has been serving with distinction in the U.S. Army for over 26 years and is still serving in Iraq. Command Sergeant Major Falaniko is from the village of Amanave, American Samoa and his wife Maliana is from Aua. Their son was laid to rest at the National Cemetery in Arlington on Friday, November 7, 2003. I was privileged to be invited by the Falaniko family to speak at Private Falaniko's services. It was a very solemn and inspiring service that was also attended by LTG Robert Flowers, Commander of the Army Corps of Engineers, and the Sergeant Major of the Army, Jack Tilley.
In Samoan culture, it is customary to make speeches so that for generations to come the name of our fallen heroes will not be forgotten. This is why I am pleased that we are observing a moment of silence today and are reserving a special section of the Congressional Record for Members to honor fallen soldiers from their districts and to offer their thoughts on Memorial Day. In remembrance of Specialist Letufuga and Private Falaniko, I rise today to say that these two young men lived and died honorably as true Samoan warriors. They gave their lives so that you and I may live in freedom.
Across America, many others have also died while protecting our Nation and today I pay special tribute to them. To those who
have lost their sons and daughters and husbands and wives, I say let us honor their patriotism, love of country and willingness to serve and sacrifice to bring about peace and freedom in a troubled world.
To our veterans and current service members, and especially to American Samoa's Reserve unit now serving in Iraq, I would like to close by saying I am proud of you. As a Vietnam Veteran, I commend you for your courage and I thank you for your service to our country. May God bless you and may God bless America.
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, Memorial Day is the unofficial start of summer: pools open, barbecues are held in local parks and in backyards, and families set out on car trips to take advantage of the long weekend.…
Mr. Speaker, Memorial Day is the unofficial start of summer: pools open, barbecues are held in local parks and in backyards, and families set out on car trips to take advantage of the long weekend. But the excitement of the beginning of summer should not obscure the holiday's true meaning--honoring the men and women who gave their lives in service of our country.
This weekend, the National World War II Memorial will be dedicated in Washington D.C. This memorial allows a grateful nation to thank the World War II generation for their selfless sacrifices, which helped preserve the freedoms we all enjoy. I am proud to join thousands of Americans around the country in honoring them. They exemplify the spirit, sacrifice, and commitment of the American people to securing freedom and democracy throughout the world. We are not just the beneficiaries of their bravery. We are the stewards of their sacrifice.
This Memorial Day, we have thousands of brave men and women fighting in Iraq and Afghanistan. As we remember those who have fallen, we must continue to stand up for those who are still fighting overseas and those who have finished their service with honor. Our government must be accountable for the promises it makes to young men and women who are asked to serve our country in this way.
Military retirees--who served a career in uniform to defend our freedoms--are not asking for handouts; they are only asking for what was promised to them. I introduced the ``Keep Our Promises to America's Military Retirees Act,'' a bill to restore earned and promised health care coverage to retired members of the uniformed services. Many people joined the military believing they would earn a lifetime medical care in exchange for 20 years of service, based on promises made by recruiters and government officials. We must now honor that promise. I am pleased that a majority of the House of Representatives has co- sponsored the bill; now the House must act.
Another promise made to young men and women when they were recruited was that their surviving spouses would receive a fair pension upon retirement. However, the military's Survivor Benefit Plan (SBP) unfairly slashes pension benefits for thousands of military spouses just when they need it the most. In response to this injustice, I co- sponsored the Military Survivor Benefits Improvement Act. This is fair legislation that would increase the minimum survivor benefit and restore to 55 percent from 35 percent the basic annuity for surviving spouses age 62 and older. I am pleased that this legislation recently passed the House.
I am also fighting to end the Disabled Veterans Tax, which forces disabled veterans and military retirees to give up one dollar of their pension for every dollar of disability pay they receive. I believe that our troops should be taken care of when we send them into battle and that they should be given our respect when we bring them home. Our brave men and women in uniform fought for our country. They shouldn't have to fight the government to get the benefits they deserve.
The National World War II Memorial will inspire future generations of Americans and stand as an important symbol of American national unity. It will serve as a timeless reminder of our solemn obligation to preserve peace for our children and the strength of our nation when united in a common and just cause.
Mr. Speaker, almost three years ago, our nation was shocked by the sickening reality of global terrorism infiltrating our borders. Since September 11, 2001, the global war on terror has resulted in…
Mr. Speaker, almost three years ago, our nation was shocked by the sickening reality of global terrorism infiltrating our borders. Since September 11, 2001, the global war on terror has resulted in the deployment of our troops to Afghanistan and other perilous locations. At the same time, more than 130,000 young Americans are serving in Iraq. During a time when the struggles of our troops abroad are broadcast every day, our observance of Memorial Day calls for sober reflection. We must remember that Memorial Day, at its core, is our nation's somber tribute to those who have made the ultimate sacrifice.
Seven hundred eighty-nine servicemen and servicewomen have lost their lives since the beginning of our combat operations in Iraq, and 85 have fallen in our military campaign in Afghanistan. Among these brave men and women is a constituent from my district, United States Army Specialist Rel Allen Ravago, IV, who was killed in Mosul, Iraq, on November 23, 2003. My heart goes out to Mr. Ravago's friends and loved ones, as it does to the innumerable Americans who have known troops whose lives were cut short during our nation's wars. It is with a sense of gratitude and humility that I will mark my observance of Memorial Day.
In the past few weeks, much attention has been focused on the conduct of our troops stationed in Iraq. Whether the grotesque abuses that have shocked us all are the result of the depraved actions of a few individuals or derelictions of duty rising up the chain of command is an issue that must be determined through Congressional investigation. Whatever the case may be, I am confident that Americans recognize that the overwhelming majority of our troops are honorable, deeply principled citizens. We are grateful to those who have left their families, jobs, and the comforts of home to fight threats to freedom and security.
We often find ourselves divided on the home front in terms of our views on both foreign and domestic issues. Pundits chatter on about red states and blue states in an attempt to highlight the supposedly irreconcilable political cleavages within our society. It is with this in mind that I reflect on the original observance of Memorial Day--then called Decoration Day--on May 30, 1868. On the inaugural celebration of what has become a national holiday, five thousand people journeyed to Arlington National Cemetery to decorate the graves of the more than 20,000 Union and Confederate soldiers buried there. Americans had heeded Abraham Lincoln's admonition to act ``with malice toward none, with charity for all'' and united to commemorate the fallen troops on both sides.
If our nation was then able to transcend a brutal conflict that pitted brother against brother, surely we can close ranks and join together now in mourning the men and women who have most recently died in Afghanistan and Iraq, and in other past battles. Memorializing our fallen troops is not a partisan or political issue; it is a basic debt of gratitude that all Americans owe to those who safeguard our freedom.
I hope all Americans will join us this Memorial Day in reflecting on those who safeguard our freedom, democracy, and prosperity.
Mr. Speaker, in honor of Memorial Day, I rise today to pay tribute to the brave men and women who gallantly gave their lives so we may live in freedom. Throughout the history of our nation, valiant…
Mr. Speaker, in honor of Memorial Day, I rise today to pay tribute to the brave men and women who gallantly gave their lives so we may live in freedom.
Throughout the history of our nation, valiant soldiers have struggled, distinguished themselves, advanced our cause, and fallen in battle. Next weekend is the unveiling of a lasting tribute to our greatest generation--many of whom made the ultimate sacrifice more than 50 years ago.
As Tom Brokaw so eloquently wrote:
They won the war; they saved the world. They came home to
joyous and short-lived celebrations and immediately began the
task of rebuilding their lives and the world they wanted.
I am in awe of them, these men and women who have given us
the world we have today. I feel privileged to have been
witness to their stories. As I came to know many of them I
became more and more moved by their everyday excellence--and
more and more convinced that this is the greatest generation
in our country's history.
I too, am in awe of the brave men and women who fought on the front lines, and the millions of Americans who served on the home front. Truly they are the greatest generation.
Young men and women committed their lives, knowing they might not see their families again, for a cause that was greater than any individual nation. Young men and women committed to building a free world.
And now we mark the dedication of a memorial that honors our greatest generation, a memorial that will remind future generations of Americans as well as visitors from around the globe of the cost of freedom that we enjoy. It will serve as a reminder of the suffering and the sacrifice of our soldiers.
We also must take the time this Memorial Day to remember the soldiers who have given their lives in Operation Iraqi Freedom. These soldiers deserve no less awe and respect than those who fought and served more than 50 years ago. From Oregon, 15 brave soldiers have made the ultimate sacrifice while serving their country: Specialist Brandon Scott Tobler of Portland, Sergeant Donald Walters of Salem, Captain Aaron Joseph Contreras of Sherwood, Staff Sergeant Robert Anthony Stever of Pendleton, Corporal Travis J. Bradachnall of Multnomah County, Chief Warrant Officer Erik C. Kesterson of Independence, Specialist Joseph M. Blickenstaff of Corvallis, Specialist Nathan W. Nakis of Corvallis, Specialist Christopher Jude Wesley of Portland, Sergeant Travis A. Moothart of Brownsville, Private 1st Class William C. Ramirez of Portland, Specialist Philip G. Rogers of Gresham, Lance Corporal Gary F. Van Leuven of Klamath Falls, Specialist Chase R. Whitman of Eugene, and Lance Corporal Bob W. Roberts of Newport.
Each of these 20 soldiers and their families deserve thanks from all Oregonians and all Americans. The Nation offers its collective thanks, as well as its sincere hope that all the Americans still in Iraq will return home to their families swiftly and safely.
Let us give thanks and praise to all men and women who worked together and in many cases died together, so that we all live in a more safe and more free world. We are all forever indebted to these brave soldiers.
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 rise today to honor the brave soldiers who have given their lives while serving our great Nation during war. For 136 years American citizens have used Memorial Day as a special day to…
Mr. Speaker, I rise today to honor the brave soldiers who have given their lives while serving our great Nation during war. For 136 years American citizens have used Memorial Day as a special day to honor the servicemen and women who have made the ultimate sacrifice for our country. Flowers and candles are lit on the graves of our heroes, ceremonies are held and Americans all over the country recognize the fallen soldiers in silence and solemnity.
Memorial Day is also a day where we should think about our values and appreciate how lucky we are to live in a free and democratic country. We should remember Franklin D. Roosevelt's words of January 6, 1941 when he outlined his hopes for a better future for the world. ``In the future days, which we seek to make secure, we look forward to a world founded upon four essential human freedoms. The first is freedom of speech and expression--everywhere in the world. The second is freedom of every person to worship God in his own way--everywhere in the world. The third is freedom from want--which, translated into world terms, means economic understandings
which will secure to every nation a healthy peacetime life for its inhabitants--everywhere in the world. The fourth is freedom from fear-- which, translated into world terms, means a world-wide reduction of armaments to such a point and in such a thorough fashion that no nation will be in a position to commit an act of physical aggression against any neighhbor--anywhere in the world.''
Memorial Day is a day when we should remember that there are still nations in the world which do not have these four freedoms. American soldiers are still fighting abroad to help people free themselves from oppression.
Sadly, this Memorial Day we also have to remember that we are a nation at war. But whatever we think about this war should not undermine our unity in support of the brave troops fighting in Iraq. America stands behind the servicemen and women who, day after day, risk their lives. Almost 800 U.S. men and women in uniform have been killed in Iraq to the current date. I submit a list of the names of these heroes to be entered into the Congressional Record.
Let us use Memorial Day to show our deep appreciation for these heroes. I again want to offer my sincerest sympathy to the families of the fallen soldiers. It is hard to imagine the pain these families are going through. But they can be assured that Americans will forever remember their loved ones with pride and gratefulness.
I have founded the Iraq Fallen Heroes Caucus to honor the fallen heroes and to actively support their families. Seventy-three Members of Congress--Democrats as well as Republicans--are already members of this caucus and I hope that more will join.
I again want to commend our soldiers for their great courage and willingness to fight for our country and encourage all Americans to use Memorial Day to honor our troops and remember those who have given their lives for the United States.
Mr. Speaker, I stood on the House floor on May 20, 2004, and observed a moment of silence to remember the brave men and women who fought and died for our freedom. During this time, images flashed in…
Mr. Speaker, I stood on the House floor on May 20, 2004, and observed a moment of silence to remember the brave men and women who fought and died for our freedom. During this time, images flashed in my mind of the heroic Kansans I visited at the Walter Reed Army Medical Center and the men and women I spoke with when I traveled to Iraq in January. These images culminated into a feeling of pride, a feeling I know each and every American feels when they think of what America means to them.
As a Nation on Memorial Day we honor the men and women who through the history of our country gave their lives in battle to defend the freedom and liberty that makes these American States united. From the Revolutionary War to Operation Iraqi Freedom, we honor these brave souls in unison as one people on this day. The Memorial Day weekend has also come to symbolize a time for family and friends to come together; during this time it becomes abundantly clear who is missing. Please join me in thanking these families for their sacrifice as well.
In times of crisis, our Nation looks to the men and women of the armed forces. They have never hesitated in answering their Nation's call, giving of their time, service and in many cases their lives. Our Nation owes them a debt that we can never repay. The dedication and valor displayed by those who served in the armed services deserves the gratitude of the entire Nation.
As the number of veterans growing older increases, the responsibility of providing adequate care and compensation to their families will become a higher priority for the Federal Government.
After making a sacrifice for our country, our veterans should not have to be concerned that the Veterans Administration will not provide the services or benefits they have earned.
As a veteran myself, it saddens me to see how some of our Nation's finest citizens are being treated. We owe it to all of our veterans-- whether they fought on the front lines or served here at home--to keep the promise America made to them. Veterans should not be financially punished in the name of fiscal responsibility. Even in difficult budget times, there is no excuse for cutting already under-funded veterans' programs to pay for tax cuts.
I will continue to urge my colleagues in Congress to rethink these cuts. We must work together from both sides of the aisle to ensure that these cuts are restored to honor our nation's commitment to care for its defenders. I will fight to see that Congress makes adequate funding for the Veterans Administration a priority--not an afterthought.
Mr. Speaker, across this great Nation, Americans designate the last Monday in May to honor those who have fallen in battle protecting our freedom. Memorial Day this year is especially important as we…
Mr. Speaker, across this great Nation, Americans designate the last Monday in May to honor those who have fallen in battle protecting our freedom. Memorial Day this year is especially important as we are reminded almost daily of the great sacrifices that the men and women of the Armed Services make to defend our way of life. Those who served, and those who continue to serve in the Army, Navy, Air Force, Marines, and Coast Guard took an oath to uphold and protect the Constitution against all enemies foreign and domestic, and we can never forget the importance of their commitment to our Nation.
North Carolina, particularly the 8th District, has long played a key role in our Nation's military forces. Troops from Fort Bragg and Pope Air Force Base are nobly answering the call of duty, separated from their families, friends, and loved ones. Currently serving alongside the active component in Iraq is the North Carolina National Guard. These individuals who put their lives on hold to answer the call of duty are the pinnacle of American patriotism. To prosecute the war on terrorism, the State of North Carolina has deployed 3,500 guardsmen, the largest deployment in the State's history. While putting themselves in harms' way, the men and women in uniform, whether part of the active or reserve component, seek to root out the evil that seeks America's destruction. Their mission is clear and they will succeed. I cannot express how proud I am of them and the entire military for their service, selfless attitude and sacrifice.
Of all the recent publicity the war on terrorism has garnered, sometimes overlooked is the support of our troops by their valiant spouses and families. The support they provide and the hardship that they are enduring are to be recognized and commended. Without such support in place, our troops would not be as ready or prepared to fight the battle.
While we continue to pray for those who are deployed and their families, we must hold a special place in our hearts for their fallen comrades. The men and women who have paid the ultimate sacrifice safeguarding our great Nation must be honored and remembered. Freedom is not free, and many have given all they have--their lives--for its and our defense. May we as a Nation be eternally grateful for their sacrifice and remember their families in our prayers. May God bless the families of our fallen heroes, watch over their families, and may He bless and protect those who continue to serve. May God bless our U.S. Armed Forces and the United States of America.
Mr. Speaker, I rise today to honor three brave soldiers from the 28th Congressional District of New York who lost their lives while serving in Iraq. These three men, all from Buffalo, left loving…
Mr. Speaker, I rise today to honor three brave soldiers from the 28th Congressional District of New York who lost their lives while serving in Iraq. These three men, all from Buffalo, left loving families, promising careers and secure futures to serve our Nation in the Armed Forces. They traveled thousands of miles across the world to make the ultimate sacrifice for their country. I am humbled to have served them in Congress.
Private First Class Tamario D. Burkett was killed in the line of duty just days after combat operations began in Iraq, on March 23, 2003. While securing bridges near Nasiriyah, Pfc. Burkett and his fellow soldiers came under heavy fire. Pfc. Burkett, who lived with his family on Peace Street, was just 21 years old. His family continues to celebrate his memory and to mourn the promise of his young life.
On October 17, 2003, Specialist Michael L. Williams was killed near Baghdad when the vehicle he was riding in ran over an explosive. Specialist Williams, 46, reenlisted in the Army National Guard after witnessing the horrendous attacks on September 11, which also happened to be his birthday. He died doing what he had dedicated his life to: protecting and serving the American people. He left behind a wife and four daughters.
Private First Class Charles E. Bush, Jr., was killed just days before Christmas on December 19, 2003, when a bomb exploded beneath his vehicle. Pfc. Bush, 34, was a cook in the Army, but he had volunteered as a door gunner to help protect the convoy. He could have stayed back, but he chose instead to ride along that day to defend his fellow soldiers. He left behind a devoted family and a young daughter.
This Memorial Day, we will pay respect to all the soldiers who have lost their lives defending our nation. It is a tragedy that across the nation, the legion of those we honor will now include hundreds of new names--names of fathers, mothers, husbands, wives, siblings and children who volunteered to serve their nation and who will never return home.
In Buffalo, this day will be especially tragic as we honor these three brave soldiers. Private First Class Tamario D. Burkett, Specialist Michael L. Williams and Private First Class Charles E. Bush, Jr. will forever be remembered for their patriotism, their valor and their sacrifice. I pray with all the families who have loved ones that no more lives will be lost and that all our soldiers will arrive safely home soon. We cannot stand to lose any more.
Mr. Speaker. From the troops still in the field today in the deserts of Iraq and mountains of Afghanistan, to the scores of veterans who have served in different theaters and eras, Memorial Day is a…
Mr. Speaker. From the troops still in the field today in the deserts of Iraq and mountains of Afghanistan, to the scores of veterans who have served in different theaters and eras, Memorial Day is a time to honor these American heroes and celebrate the freedoms that their sacrifices have secured.
This Memorial Day we stand victorious in liberating Iraq and Afghanistan, and our soldiers have struck another blow against international terrorism. These patriots and their families are making great sacrifices on behalf of this nation, this world and all of humanity.
This is also a time for our nation to remember the high price of freedom, as we mourn with the families whose loved ones do not return from the front lines. Memorial Day is a time to honor their lives and their sacrifice.
New Mexico has been reminded that freedom isn't free, as we have laid to rest four of our bravest sons and daughters.
Air Force 1st Lt. Tamara Archuleta, 23 years old, of Los Lunas, New Mexico died on March 23, 2003 in an HH-60 Pave Hawk accident in Afghanistan. She was assigned to the 41st Rescue Squadron, Moody Air Force Base, Georgia.
Army Sgt. Lee D. Todacheene, 29 years old from Farmington, New Mexico, was killed April 6, 2004 when mortar fire hit his guard post in Balad, Iraq. He was assigned to 1st Battalion, 77th Armored Regiment, 1st Infantry Division, Germany
Marine Corp Pfc. Christopher Ramos, 26 years old from Albuquerque, New Mexico, was killed April 5, 2004 by hostile fire in Anbar province, Iraq. He was assigned to the 1st Battalion, 5th Marines, 1st Marine Division, 1st Marine Expeditionary Force, Camp Pendleton, CA.
Marine Lance Corporal Aaron Austin, 21 years old from Lovington, NM. He was killed April 26, 2004 by hostile fire in Anbar province, Iraq. He was assigned to 2nd Battalion, 1st Marine Regiment, 1st Marine Division, 1st Marine Expeditionary Force, at Camp Pendleton, CA.
I ask for a Moment of Silence from this Body, to honor them, and their memory.
Mr. Speaker, Memorial Day is May 31st this year. But each day we live in freedom is a Memorial Day, and an opportunity to thank our brave members of the United States Military, as well as our Veterans. They have the eternal thanks for a grateful nation.
The time we spend with our families and friends over Memorial Day weekend is a time for us to turn back toward what is truly important: our faith, our families, and our precious freedom.
May God Continue to Bless America.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 42 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 42
To amend the Agricultural Adjustment Act to prohibit the Secretary of
Agriculture from basing minimum prices for Class I milk on the distance
or transportation costs from any location that is not within a
marketing area, except under certain circumstances, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 7, 2003
Mr. Feingold introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Agricultural Adjustment Act to prohibit the Secretary of
Agriculture from basing minimum prices for Class I milk on the distance
or transportation costs from any location that is not within a
marketing area, except under certain circumstances, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LOCATION ADJUSTMENTS FOR MINIMUM PRICES FOR CLASS I MILK.
Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C.
608c(5)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended--
(1) in paragraph (A)--
(A) in clause (3) of the second sentence, by
inserting after ``the locations'' the following:
``within a marketing area subject to the order''; and
(B) by striking the last 2 sentences and inserting
the following: ``Notwithstanding subsection (18) or any
other provision of law, when fixing minimum prices for
milk of the highest use classification in a marketing
area subject to an order under this subsection, the
Secretary may not, directly or indirectly, base the
prices on the distance from, or all or part of the
costs incurred to transport milk to or from, any
location that is not within the marketing area subject
to the order, unless milk from the location constitutes
at least 50 percent of the total supply of milk of the
highest use classification in the marketing area. The
Secretary shall report to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate on
the criteria that are used as the basis for the minimum
prices referred to in the preceding sentence, including
a certification that the minimum prices are made in
accordance with the preceding sentence.''; and
(2) in paragraph (B)(c), by inserting after ``the
locations'' the following: ``within a marketing area subject to
the order''.
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