Sam Johnson

Mr. SAM JOHNSON of Texas

Mr. SAM JOHNSON of Texas. Mr. Speaker, I appreciate the gentleman yielding me this time. I just want to thank the gentleman from Texas (Mr. Hall) and the gentleman from California (Mr. Berman) for working with us. This is a bipartisan agreement. I will let my colleagues know that Collin County is expected to increase by 73 percent in population by the year 2020, so this is a needed court and long overdue. Mr. Speaker, you know, the role of the Federal Government is to serve people. And one way the government serves the people is through the judicial system. Well, the people of Plano, nearly 250,000 strong and the largest city in Collin County, do not have access to a nearby Federal court. Simply put, today's bill is good legislation that is long overdue. Anytime a lawyer wants to file a court paper, they have to drive 48 miles to near the Oklahoma border to Sherman, TX. Anytime a police officer needs to sign a legal document, they have to drive nearly 100 miles round trip. That is not time well spent. If the role of the Federal Government is to serve the people, then it's time to let Collin County hold court. You know, Plano consumes more than three-fourths of the criminal cases in Sherman and nearly 4 out of 5 civil cases. Clearly there is a need in Plano for a Federal bench. The people of Collin County and the Eastern District of Texas are woefully underserved. On the top of that, the population of Collin County is expected to increase by 73 percent by the year 2020. If we don't take care of this now, when will we? With four judges but just two courtrooms, the Sherman division badly needs another courtroom somewhere. That somewhere should be the city of Plano. Important to the city of Sherman, the bill also protects the Grayson County Courthouse Docket by expanding the Sherman Court jurisdiction to four new counties; Fannin, Lamar, Delta, and Hopkins. I also want to thank my friend Ralph Hall for his work on this issue. I hope he believes we addressed many of his initial concerns. Before I close, I'd like to thank my colleagues in the Senate, Senators Cornyn and Hutchison, who helped get this bill through the other body. This measure has passed the House every Congress since 1991, only to die in committee in the Senate. Their leadership paved the way to make this possible for Collin County. In the name of good government, the Federal Government started serving the people of Collin County.

Mr. SAM JOHNSON of Texas

Mr. SAM JOHNSON of Texas. I want to congratulate and thank both Chairman Domenici and Chairman Tauzin for taking on the enormous task of crafting comprehensive energy legislation, and doing so in a manner that was fair, effective, and successful. In years past we have allowed energy legislation to die in Conference. This year we have made good on our promises, and are closer to enacting much-needed energy reforms. It has been almost a decade since this country has had any type of sound energy policy. I commend President Bush for his courage in advocating a balanced energy plan, and both of our Chairmen for taking these measures up as quickly and decisively as possible. I am pleased to have been part of the Conference on this legislation, and to support everyone's hard work here today. This Conference Report conserves energy, increases energy production, and will help end our dependence on foreign oil. As I noted when we started Conference on this legislation, today over fifty percent of our oil comes from other countries--that is not only a threat to national security, but it affects the energy prices of every American. The legislation we consider today is an improvement over both the House and Senate bills passed earlier this year. Indeed, in many instances, we have taken ``the best of both worlds.'' The Conference Report adopts the House language regarding Alaskan pipeline construction training. This provision ensures that training will be delivered through our existing one-stop WIA delivery systems, and that the program will be available to a broad range of participants. Natural gas gathering lines is an issue that I have worked closely on for years. This is an important provision that settles a long-running dispute between the IRS and natural gas producers. There have been differing opinions in various circuit courts on the proper depreciable life of these gas lines. I am glad that this issue is finally being resolved. The Conference Report's provisions regarding workplace protections for so-called ``whistleblowers'' has been much improved. House language in last year's energy bill has been strengthened to ensure that employees have the necessary protections they deserve, while also balancing the ability of the Department of Labor to investigate these complaints. This ensures that while all workers are protected, we are not allowing for frivolous actions. The Conference Report also supports the President's proposal by including House language to ensure that we maintain a viable weatherization assistance program. Language in the conference report regarding energy-related scientific and technical careers has been tailored to target those truly in need of help, and to eliminate outdated models of ``assistance.'' Finally, the Conference Report deletes several unnecessary provisions, including Senate language expanding the federal government's role in school construction, and language that would micro-manage personnel decisions at the Department of Labor. I would express my disappointment in the final product before us in just one regard. I am disappointed that the Conference Report before us does not include the House language providing for an oil and gas leasing program for the exploration, development, and production of the oil and gas resources in the Arctic National Wildlife Reserve. I strongly supported this provision, which would have expanded our natural energy supply, which now more than ever is critical to our national energy security policy. I would hope that as we pass this bill today, we do not lose sight of the importance of this provision. I would urge our Republican leadership to revisit this critically important issue when we return next year. In closing, I reiterate my support for the President in proposing a comprehensive plan, and both houses of Congress, and in particular our Chairmen, for taking quick action to make this plan law. The legislation before us goes a long way toward addressing our nation's near- and long-term energy needs, as well as our national energy security policy. I urge my colleagues to support this important and much-needed legislation.

Mr. SAM JOHNSON of Texas

Mr. SAM JOHNSON of Texas. Mr. Speaker, on that I demand the yeas and nays.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I appreciate the gentleman from Maryland's (Mr. Cardin) remarks. I yield such time as he may consume to the gentleman from New York (Mr. Houghton), our distinguished subcommittee chairman on the Committee on Ways and Means.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I reserve my time.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I reserve the balance of my time.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am proud to stand before the House today in support of the Military Family Tax Relief Act. I want to start out today by saying how extremely proud I am of the men and women who serve in our military. No matter where I go, I have absolute rapt attention from everyone when I talk about the members of our Armed Forces. I hope our troops know that. All across the Nation, citizens are proud of the work our troops do and Americans are grateful for the sacrifices that they and their families make for the defense of our Nation. This bill doubles the military death benefit gratuity to $12,000 and excludes from taxation that whole amount. Just last week we passed this concept for the third time. This will be the last time this Congress will need to vote on this bill because this version has been approved by our colleagues on the Senate side of the Capitol, and we will be passing the exact bill so that President Bush can sign it into law. This bill is also retroactive to September 11, 2001, so that all of our men and women who have died in service of their country since that day will receive this benefit. This is what a grateful country does for the families of those servicemembers. I am proud that we will be fixing the problem of having a knock at the door by the military chaplain which will no longer be followed by a knock at the door from the tax man. This bill does that and more. It will also make taxes a smaller problem for active military and reserves. The Military Families Tax Relief Act provides reasonable accommodations to members of the military so that they too can benefit from the current $500,000 exclusion from capital gains on the sale of a home. To get this exclusion, a family must live in a home for at least 2 of the previous 5 years. This is generally a reasonable requirement, but for those serving in the military such a requirement is out of their control when orders ship them to any of the four corners of the Earth. As a 29-year veteran of the Air Force, my wife and I moved many times. In the last 7 years we had seven different moves. So I know firsthand about being transferred. And sometimes you live in base housing, and sometimes you live in your own home. It was a part of the job then and it still is today, and I think it is a reasonable accommodation for the tax code to hold them harmless for those times when they are not living in their homes. As long as the servicemember or his or her family have lived in the home for 2 years, the tax code will hold them harmless for years away from home at distant postings. Servicemembers are not going to be able to become real estate moguls by buying properties all over the country and getting this treatment for each. Only one property at a time is eligible for this exclusion. I am glad to report that another provision I have been working on has also been included. It will permit students at our Nation's military academies to be treated as being on scholarship for purposes of Section 529 education savings accounts. It is only the United States military academy students who are not eligible for this benefit. Serving this country is a noble profession. Congress will now encourage, not discourage, young people to join our Armed Forces, especially today. I think when hardworking, patriotic young Americans are rewarded with an appointment to a service academy we should not turn around and impose a 10 percent penalty on their parents who saved for their children's education. We should provide the same penalty-free withdrawals for the plebe, the middy and the cadet as we provide for those who play sports, earn an academic scholarship or pay for school through ROTC. This is a great bill. It is long overdue. It has been a long time since 9/11, and we are trying to take care of our military, and this is retroactive back to that point. Mr. Speaker, I reserve the balance of my time.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I do not disagree with that, and I think we are in accord on both sides of the aisle today. It is wonderful that we can support our troops in a bipartisan manner.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 3365) to amend title 10, United States Code, and the Internal Revenue Code of 1986 to increase the death gratuity payable with respect to deceased members of the Armed Forces and to exclude such gratuity from gross income.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I appreciate the comments of the gentleman from New York (Mr. McNulty). I agree with the gentleman; what he says is true. I remember an inscription on the wall that we left over there which I think says it all: Freedom has a taste to those who fight and almost die that the protected will never know. That is what this Nation is all about, freedom. And, man, I will tell you, America is great. This is for our service men and women that we pass this in a bipartisan way. Mr. Speaker, I yield back the balance of my time.

Mr. SAM JOHNSON of Texas. I yield to the gentleman from Texas.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, let me just make one comment to clear the record. The House did not sit on this bill, as was stated by the previous speaker. I think the gentleman failed to realize the Senate sent that first bill back July 2002. Since that time, the House has passed bill after bill after bill. It was passed three times this year, on April 9, June 12, and October 29. Then again this month we passed this bill, and the last one was totally clean.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield such time as he may consume to the gentleman from Arizona (Mr. Renzi) who is an author of some of this bill.

Mr. SAM JOHNSON of Texas

Mr. SAM JOHNSON of Texas. Mr. Speaker, as our military men and women continue to do a great job to keep us safe and secure, heated debate has broken out about whether veterans should receive both disability pay and retirement pay. This issue is called concurrent receipt. Right now, when a veteran retires, military pension benefits from the Department of Defense are reduced dollar for dollar by the amount of disability benefits received from the Veterans Affairs Department. Republicans have proposed commonsense solutions that will send more disability money to our veterans. Under the plan, disabled veterans will see more retirement money, and benefits will now be available to Reservists and Guardsmen injured in service. This is a solution that is fair, responsible, and honors our Nation's disabled veterans. I encourage all veterans to contact their lawmakers and urge them to support this important legislation and pass it by the end of the year.

Mr. SAM JOHNSON of Texas

Mr. SAM JOHNSON of Texas. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to include extraneous material on the Senate amendments to H.R. 3365.

Mr. SAM JOHNSON of Texas

Mr. SAM JOHNSON of Texas. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 3365.

Mr. SAM JOHNSON of Texas

Mr. SAM JOHNSON of Texas. Mr. Speaker, on that I demand the yeas and nays.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield back the balance of my time.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I rise today in support of H.R. 3365, the Fallen Patriots Tax Relief Act. It is important that we get this bill enacted into law right away. It is unconscionable that a knock at the door by a military chaplain is followed by a knock on the door from the tax man. But sadly, this is the case. I had the distinct honor of serving my country in the Air Force for about 29 years. So my family and I know something about military life. And my wife, Shirley, has said that one of her worst moments was when the military chaplain pulled up in front of the house after I was shot down in Vietnam, and her heart just stopped. She didn't know what they were going to say, but she knew it was not going to be good. I can't imagine the unspeakable despair of a family who just lost a loved one in service of their country, only to be followed up by the horror of a visit from the taxman. That is just wrong. So this bill fixes that. Let us change this law today. This bill permits the entire amount of the death benefit gratuity to be tax free. It also increases the amount of the death benefit to $12,000, which is more in line with the value of these benefits when they were initially created. This is a clean bill. There is absolutely no good reason for it to get fouled up in the same legislative backwater that has stalled three previous versions of this bill. You know, there a lot of good stories out there that don't get reported. For example, I've heard of a company of marines that left Iraq this summer without one casualty. That's great news. But, more common is the news we see on T.V. As President Bush says, ``Iraq is still a dangerous place.'' Sadly, nearly every day we hear of deaths in Iraq and other military hot spots around the globe. In the two years since 9/11 it has been increasingly important that we eliminate the unfair, immoral tax on the death benefit a service member's loved ones receive from the Armed Forces. In fact, this bill reaches back to that terrible day and also applies to families who will be receiving a visit from a chaplain in the future. I find it shameful that we continue to tax one-half of the death benefits paid to families. This must change before the end of the year. It is the least we can do. These families have given the ultimate sacrifice for our country. We must not take any more from them.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the gentleman from New York for his kind words and support, and the support of all the Democrats, which has happened in this House previously. Mr. Speaker, the House has acted repeatedly on this issue. The Committee on Ways and Means marked up a similar bill in the committee on February 27. That has been a long time ago. In the full House we passed a similar bill on March 20 by a vote of 422-0. An amended version of this bill then passed the Senate by a vote of 97-0, but it did not get out of conference. The House passed the concept again on April 9 by voice vote, so I guess we are just having a hard time keeping this bill narrow enough to get it enacted. It is so narrow now, I do not think we could squeeze it any tighter. I do not believe the problems with this bill rest on this side of the Capitol. Unfortunately, House rules do not allow me to talk about where the roadblocks are to enactment, but it is not on this side of the Capitol. I have a provision regarding military academy scholarships and college savings plans that I would like to get enacted this year, but if it would mean holding up, for even one more day, the elimination of this immoral tax on military death benefits, I would forgo having any other provisions added. Frankly, I do not care what the reasons are for not having this concept enacted into law, it is just wrong to tax military death benefits. And as the gentleman from New York (Mr. McNulty) pointed out, it is a minor tax bill. Let us pass this bill today with another strong vote and get the job done before the end of this year. It is the least we can do for the families who have lost a loved one in service to their country. It is for America. We need to do it for America.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I reserve the balance of my time.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I reserve the balance of my time.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of this bill, the Fallen Patriots Tax Relief Act. It is important to me, and I think to the whole Congress, that we get this enacted right away. It is unconscionable to me that a knock at the door by a military chaplain is followed by a knock on the door from the tax man. Sadly, this is the case. I had the distinct honor of serving my country in the Air Force for about 29 years. So my family and I know something about this part of military life, and I will never forget, after I got home from being a prisoner of war, that my wife said that one of her worst moments was when the military chaplain pulled up in front of the house after I was shot down and her heart just stopped. She did not know what they were going to say, but she knew it was not going to be good, and I cannot imagine today the unspeakable despair of a family who just lost the loved one in service of their country only to be followed up by the horror of a visit from the tax man. That is just wrong. This bill fixes that. We need to change that law today. This bill permits the entire amount of the death benefit gratuity to be tax free. It also increases the amount of the death benefit to $12,000, which is more in line with the value of these benefits when they were initially created. This is a clean bill. There is absolutely no good reason for it to get fouled up in the same legislative back water that stalled three previous provisions of this bill. Sadly, every day we hear of deaths in Iraq and other military hot spots around the globe. In the 2 years since 9/11, it has been increasingly important that we eliminate the unfair, immoral tax on the death benefit of a servicemember's loved ones who receive that from the Armed Forces. Mr. Speaker, I reserve the balance of my time.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield myself such time as I may consume to thank the gentleman from Missouri for his comments. Mr. Speaker, I reserve the balance of my time.

Mr. SAM JOHNSON of Texas. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3365) to amend title 10, United States Code, and the Internal Revenue Code of 1986 to increase the death gratuity payable with respect to deceased members of the Armed Forces and to exclude such gratuity from gross income.