[Congressional Record Volume 144, Number 121 (Monday, September 14, 1998)]
[Senate]
[Pages S10320-S10321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SARBANES (for himself and Ms. Mikulski):
  S. 2465. A bill to amend the National Trails System Act to designate 
the route of the War of 1812 British invasion of Maryland and 
Washington, District of Columbia, and the route of the American 
defense, for study for potential addition to the national trails 
system; to the Committee on Energy and Natural Resources.


     star-spangled banner national historic trail study act of 1998

  Mr. SARBANES. Mr. President, today I am introducing legislation to 
help commemorate and preserve significant sites associated with 
America's Second War of Independence, the War of 1812. My legislation, 
entitled ``The Star-Spangled Banner National Historic Trail Study Act 
of 1998,'' directs the Secretary of the Interior to initiate a study to 
assess the feasibility and desirability of designating the route of the 
British invasion of Washington, D.C. and their subsequent defeat at 
Baltimore, Maryland, as a National Historic Trail.
  Since the passage of the National Trail Systems Act of 1968, the 
National Park Service has recognized historically significant routes of 
exploration, migration and military action through its National 
Historic Trails Program. Routes such as the Juan Bautista de Anza, 
Lewis and Clark, Pony Express and Selma to Montgomery National Historic 
Trails cross our country and represent important episodes of our 
nation's history, episodes which were influential in shaping the very 
future of this country. It is my view that the inclusion of the Star-
Spangled Banner Trail will give long overdue recognition to another of 
these important events.
  The War of 1812, and the Chesapeake Campaign in particular, mark a 
turning point in the development of the United States. Faced with the 
possibility of losing the independence for which they struggled so 
valiantly, the citizens of this country were forced to assert 
themselves on an international level.
  From the period of the arrival of the British forces at Bendedict, in 
Charles County, Maryland, on August 18, 1814, to the American victory 
at Fort McHenry in Baltimore, on September 14, 1814, the war took a 
dramatic turn. The American forces, largely comprised of Maryland's 
citizens, were able to slow the British advance through the state and 
successfully defended Baltimore, leading to the retreat of the British.
  The sites along this trail mark some of the most historically 
important events of the War of 1812. It begins with the only combined 
naval and land attack on the United States, originating at Benedict, 
Maryland and continuing on to the nation's capital, Washington, D.C. It 
follows the defeat of the Americans at the Battle of Bladensburg, the 
evacuation of the United States Government, the burning of the nation's 
capital, including the White House and the Capitol Building, the battle 
at North Point and the bombardment of Fort McHenry, site of the 
composition of our National Anthem, the Star-Spangled Banner, and the 
ultimate defeat of the British.
  The route will also serve to bring awareness to several lesser known, 
but equally important sites of the war, including St. Leonard's Creek 
in Calvert County, where two American vessels scuttled by the British 
have recently been found, Brookeville, Maryland, which served as the 
nation's capital for one day, and Todd's Inheritance, the signal 
station for the American defenders at Fort McHenry. These sites, and 
many like them, will only enrich the story told along the trail. 
Additionally, the attention given to these sites should prove 
beneficial in terms of efforts to preserve and restore them.
  Mr. President, the designation of the route of the British invasion 
of Washington and American defense of Baltimore as a National Historic 
Trail will serve as a reminder of the importance of the concept of 
liberty to all who experience the Star-Spangled Banner Trail. It will 
also give long overdue recognition to those patriots whose 
determination to stand firm against enemy invasion and bombardment 
preserved this liberty for future generations of Americans.
                                 ______
                                 
      By Mr. HARKIN (for himself and Mr. Johnson):
  S. 2467. A bill to amend the Internal Revenue Code of 1986 to 
increase the years for carryback of net operating losses for certain 
farm losses; to the Committee on Finance.


                            tax legislation

  Mr. HARKIN. Mr. President, today I am introducing legislation for 
myself and Senator Johnson providing farmers with the opinion of 
receiving a refund from taxes paid in the past 10

[[Page S10321]]

years for their current operating losses. Congressman John Tanner of 
Tennessee is introducing an identical measure in the House.
  Farmers are suffering huge losses through no fault of their own. No 
other business has less control of the price they can receive for what 
thy produce. Farmers cannot control the world's weather or the World 
economy. But, those factors determine the price of corn, soybeans and 
wheat. The Freedom to Farm bill passed in 1997 sharply reduced the 
farmer's safety net. And, now, farm prices are crashing to levels not 
seen in decades, to levels never seen before if we adjust for 
inflation. Many farmers are going to have a very difficult time being 
able to acquire the funds needed to plant their crops in the coming 
year or maintain their annual operations. Many farmers could lose the 
farms that have been in their families for generations. And, the 
economic difficulty is far broader. It is already having a terrible 
ripple effect on the economies of rural areas. Layoffs are starting to 
occur at agricultural equipment manufacturers and in stores in small 
towns. But, we are just at the beginning stages of what could become a 
very severe downtown in rural America.
  A number of Senators and I are proposing a series of modifications in 
agricultural programs to help alleviate the problem. But, I believe the 
Congress should also pass a provision broadening existing law allowing 
farmers to recover taxes paid in the past to cover their net operating 
losses.
  Under existing law, businesses including farmers can be reimbursed 
for their business losses by receiving a rebate for taxes paid in the 
prior 2 years, 3 years in cases where there was a natural disaster. Now 
we are facing a large economic disaster that can really sink rural 
America.
  There are widely supported proposals to allow farmers to invest some 
of their profits for up to 5 years without being taxed till the money 
is used in poor years, effectively a type of income averaging. That is 
fine. But, what is more desperately needed at this time is more 
immediate assistance.
  I propose that family farmers be allowed the option to get a rebate 
from the taxes that they paid over the past 10 years covering up to 
$200,000 in operating losses rather than the two years allowed under 
current law. Many farmers cannot receive a rebate for their operating 
losses because they were not able to make any taxable profits in the 
last few years. The benefit would only go to farmers whose families are 
actively engaged in farming and whose business activity is mostly 
farming. The amount of the rebate would be dependent on the amount of 
the loss and the tax rate paid by the farmer for the paid taxes that 
are being restored.
  The provision would cover losses occurring in 1998 or 1999. If the 
measure passed this year, farmers would be able to calculate their loss 
early next year and quickly receive a rebate from the IRS for the taxes 
paid in earlier years.
  This proposal provides a significant amount of relief when it is 
needed early next year. It will help many farmers acquire some of the 
funds they need to plant.
  Current law already allows a few taxpayers in certain circumstances 
to go back and recover taxes that they paid for 10 years. I believe 
that it should be broadened to cover farmers in this difficult time. In 
fact, there is a precedent in the 1997 Taxpayer Relief Act in which 
Amtrak was allowed to use net operating losses of their predecessor 
railroads from over 25 years in the past.
  I urge that when the Congress considers a tax bill, this provision be 
considered and passed.

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