[Congressional Record Volume 150, Number 52 (Wednesday, April 21, 2004)]
[House]
[Pages H2217-H2223]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GUARDSMEN AND RESERVISTS FINANCIAL RELIEF ACT OF 2003
Mr. SHAW. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1779) to amend the Internal Revenue Code of 1986 to allow
penalty-free withdrawals from retirement plans during the period that a
military reservist or national guardsman is called to active duty for
an extended period, and for other purposes.
The Clerk read as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guardsmen and Reservists
Financial Relief Act of 2003''.
SEC. 2. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR
INDIVIDUALS CALLED TO ACTIVE DUTY FOR AT LEAST
179 DAYS.
(a) In General.--Paragraph (2) of section 72(t) of the
Internal Revenue Code of 1986 (relating to 10-percent
additional tax on early distributions from qualified
retirement plans) is amended by adding at the end the
following new subparagraph:
``(G) Distributions from retirement plans to individuals
called to active duty.--
[[Page H2218]]
``(i) In general.--Any qualified reservist distribution.
``(ii) Amount distributed may be repaid.--Any individual
who receives a qualified reservist distribution may, at any
time during the 2-year period beginning on the day after the
end of the active duty period, make one or more contributions
to an individual retirement plan of such individual in an
aggregate amount not to exceed the amount of such
distribution. The dollar limitations otherwise applicable to
contributions to individual retirement plans shall not apply
to any contribution made pursuant to the preceding sentence.
No deduction shall be allowed for any contribution pursuant
to this clause.
``(iii) Qualified reservist distribution.--For purposes of
this subparagraph, the term `qualified reservist
distribution' means any distribution to an individual if--
``(I) such distribution is from an individual retirement
plan, or from amounts attributable to employer contributions
made pursuant to elective deferrals described in subparagraph
(A) or (C) of section 402(g)(3) or section
501(c)(18)(D)(iii),
``(II) such individual was (by reason of being a member of
a reserve component (as defined in section 101 of title 37,
United States Code)), ordered or called to active duty for a
period in excess of 179 days or for an indefinite period, and
``(III) such distribution is made during the period
beginning on the date of such order or call and ending at the
close of the active duty period.
``(iv) Application of subparagraph.--This subparagraph
applies to individuals ordered or called to active duty after
September 11, 2001, and before September 12, 2005. In no
event shall the 2-year period referred to in clause (ii) end
before the date which is 2-years after the date of the
enactment of this subparagraph.''
(b) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) of such Code is amended by
striking ``or'' at the end of subclause (III), by striking
``and'' at the end of subclause (IV) and inserting ``or'',
and by inserting after subclause (IV) the following new
subclause:
``(V) the date on which a period referred to in section
72(t)(2)(G)(iii)(III) begins, and''.
(2) Section 403(b)(11) of such Code is amended by striking
``or'' at the end of subparagraph (A), by striking the period
at the end of subparagraph (B) and inserting ``, or'', and by
inserting after subparagraph (B) the following new
subparagraph:
``(C) for distributions to which section 72(t)(2)(G)
applies.''
(c) Effective Date.--The amendment made by this section
shall apply to distributions after September 11, 2001.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Shaw) and the gentleman from New York (Mr. Rangel) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Shaw).
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, after the attacks of September 11, 2001, more than
85,000 reservists were recalled to Active Duty. America's brave men and
women who serve the Reserves and National Guard willingly leave their
jobs and families behind when called to Active Duty. Many of these
service people receive a military salary that is much less than their
civilian salary, and their families are the ones who suffer the
difference in income during their absence. The house payments go on;
the grocery bills continue to pile up. Of the nearly 200 reservists on
Active Duty in Afghanistan, Iraq and around the world, one-third have
taken a pay cut in order to serve their country.
This bill will provide financial assistance to those reservists and
guardsmen by allowing them to withdraw money from their IRAs without
being penalized. By being able to use their savings when needed, they
may avert some of the hardships that result from decreases in salary.
This would allow servicemembers that extra bit of stretch in the family
budget so they can avoid the financial squeeze that could challenge
their ability to keep a business going, make rent payments and afford
groceries. All of us know every bit helps, and when we think of the
tremendous sacrifice these men and women are making to serve their
country to keep us safe, this bill certainly deserves and is receiving
great bipartisan support from both sides of the aisle.
Mr. Speaker, I reserve the balance of my time.
Mr. RANGEL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of this bill, but I do so with a very,
very heavy heart because what my dear friend, the gentleman from
Florida (Mr. Shaw), has pointed out is the inequities that exist in
this war and the lack of sacrifice being shared by so many Americans.
It is for that reason why I think that we have to take a look at the
draft. We have to make certain that when we talk about bringing them on
and we are not going to cut and run, that we are not just talking about
people like these reservists that we are trying to help today, people
who the gentleman from Florida (Mr. Shaw) pointed out cannot make their
rent payment, families who are actually receiving charitable
allocations of food.
I saw a family left behind as their husband and father was in Iraq
standing in line receiving food and clothing because they cannot afford
it because of the reduction in salary that the reservists suffer as a
result of performing their heroic duty. They suffer loss of income,
many of them do not get their decent jobs back, their families have
lost health benefits, and what are we suggesting we do today? What are
we suggesting that we do today? We are suggesting that these low-income
people that are being placed in harm's way, that when they dip into
their individual retirement funds, when they are forced to jeopardize
their retirement because of their service to their country, that we do
not compensate them for this dramatic economic loss, we do not say,
hey, we know how many private citizens are going there getting 10 times
your salary, we know what their health benefits are, we know what their
death benefits are, we know what their compensation really is, we are
not saying that we are going to adjust that. No, what we are saying is
if they are forced to go into their family's retirement fund, they can
dip into it as deep as they want, jeopardize the future fiscal support
of their family, and we will not make them pay a penalty.
Well, I hope Members vote aye. I hope this passes by voice vote so we
will not have to explain this big patriotic thing that we have done for
our fighting reservists and National Guardsmen.
Mr. Speaker, I reserve the balance of my time.
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I well understand the passion in the voice of the
gentleman from New York (Mr. Rangel). He served with great distinction
in Korea, and he knows what those sacrifices are like.
{time} 1145
But he is a cosponsor of this bill. Sometimes it is hard to get a
bipartisan minute in this Chamber; however, I think that when we do
have to ask for a vote, that we will be getting a great bipartisan
vote.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Colorado (Mr. Beauprez), the author of this bill.
Mr. BEAUPREZ. Mr. Speaker, I thank the gentleman for his efforts to
bring this to the floor, and I thank the gentleman from New York (Mr.
Rangel) as well for being a cosponsor of this legislation.
There is certainly much to do. I recognize and respect that. It
crossed my mind, though, that this is perhaps one step in the direction
of the great bit that we have to do, and it is something we can do and
do quickly to provide some relief to the many families that have been
going through sacrifice, financial and certainly otherwise, at this
difficult time.
The Guard and Reserve have a noble tradition. Some of our greatest
American heroes have served in the Guard. George Washington, Abraham
Lincoln, Paul Revere, and certainly Teddy Roosevelt were all members of
the National Guard. In fact, Roosevelt's Rough Riders were a Guard
unit.
Since September 11 alone, some 366,000 plus Guard and reservists have
been mobilized, just since September 11, 2001. Currently on Active Duty
there are about 167,000 Guard and reservists on Active Duty. I believe
it was the gentleman from Florida (Mr. Shaw), perhaps it was the
gentleman from New York (Mr. Rangel), who cited an estimated one-third
that took a pay cut, and it may be more than that, to make this huge
sacrifice and, of course, put themselves in harm's way. It would seem
one of the most disingenuous, ungrateful things that this Nation could
do, and in order to maintain their life-style back home, their
obligations back home, that their families then be penalized for
tapping into
[[Page H2219]]
a retirement account. Recognizing again that there is much that could
and, in fact, probably should be done relative to the expanded mission
that we have now found ourselves in for our Guard and Reserves since
September 11, 2001, this being but one step and the step that I hope
this House and this body takes today in trying to provide some
financial relief to those families.
This legislation is retroactive to any Guard or reservist that has
been called up since September 11, 2001. It does sunset in 2005, but
certainly is action that I hope, once we see the wisdom of, perhaps we
can extend that into the future. Again, a step to take, not the final
step, not the only step, but a logical step in providing some financial
relief to those who have taken on such a heavy burden in serving this
country in a time of need.
Mr. RANGEL. Mr. Speaker, I yield myself such time as I may consume.
Let us move forward and take this small first step, but let us listen
to other steps that we can take to really show the depth of our
appreciation of the sacrifice that our men and women in the National
Guard and the Reserves are making.
Mr. Speaker, I yield 2 minutes to the gentleman from North Dakota
(Mr. Pomeroy), a member of the Committee on Ways and Means.
Mr. POMEROY. Mr. Speaker, I thank the gentleman for yielding me this
time.
The bill before us is not the least we can do. It is well beneath the
least we should do. It is saying that if, when they are serving their
country on extended deployment in the National Guard, they need to go
into their retirement accounts to avoid family bankruptcy, that we are
not going to charge them the penalty fee for early withdrawal of their
retirement money.
I am going to support this legislation because grim reality is many
of our soldiers and their families are in precisely this fiscal
predicament. But the leadership on the that majority side that allowed
this bill to come up on the suspension calendar had so many other
options, I wish it had done something more meaningful. One of the
options is legislation I have introduced, the Guard and Reserve
Fairness Act, H.R. 3317, and let me contrast the rather pitiful step we
are taking with this legislation to what is in this bill.
This bill, the Guard and Reserve Fairness Act, would allow those
employers that continue to top off the pay of their employee who is on
Guard deployment, it would allow them a tax credit for the dollars they
advance holding the salary of their soldier level. This is a step we
have to take to encourage employers to make the extra step so that
their soldiers, their departed employees now on deployment, do not take
the financial hit.
On Sunday night I greeted a planeload of returning guardsmen from
about 15 months of very hazardous duty in Iraq as they arrived home in
Bismark, North Dakota. It was quite a scene; tears of joy as families
were reunited after all they had been through. But to think that we are
putting them through, on top of everything else, great financial
hardship because the pay in the military is below what so many of them
are making in the private sector, it is just unacceptable.
So let us advance the step of doing much more than this so that we
can avoid the financial hardship to our soldiers.
Mr. SHAW. Mr. Speaker, I have no further requests for time, and I
reserve the balance of my time.
Mr. RANGEL. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Oregon (Ms. Hooley).
Ms. HOOLEY of Oregon. Mr. Speaker, I thank the gentleman from New
York for yielding me this time.
Mr. Speaker, I rise in support of this legislation before us today to
allow the reservists and National Guard members to make needed
withdrawals from the retirement accounts without the usual tax
penalties. This will allow these families to adjust to the financial
strain that extended deployment inflicts on soldiers and their
families. But hopefully this is only the first step. This is a very
small piece.
I would like to take this moment to announce the introduction by the
gentleman from New York (Mr. Rangel) and me of another simple piece of
legislation to help our deployed soldiers. Under current law the
refundable child tax credit provides a refund of 10 percent of taxable
earnings over $10,000, but they have to be taxable earnings. We do not
tax combat pay for deployed soldiers, unintentionally raising taxes for
many families of soldiers deployed in Iraq or Afghanistan. Because of
the quirk in the Tax Code, a soldier earning combat pay who is making
under $39,000 a year with two children would actually be better off if
their combat pay were taxed. This legislation we are introducing would
fix this glitch and treat combat pay as taxable income only for the
purpose of computing the family tax credit.
I urge my colleagues to support this bill before us today and to
cosponsor the Rangel-Hooley bill to correct the inequities with combat
pay and the child tax credit. All Members can sign up.
Mr. SHAW. Mr. Speaker, I yield myself 1 minute.
Very briefly, I think the gentlewoman brings up a good point, and I
would point out to the Congress that this is a matter that is subject
to conference right now on a bill that is in conference, and I
certainly think this is an oversight. It was not thought of when the
child care credit was initiated, and I have been told that it would be
germane and would be subject to conference, and perhaps it would get
good bipartisan support.
Mr. Speaker, I reserve the balance of my time.
Mr. RANGEL. Mr. Speaker, I yield myself such time as I may consume.
I would ask the gentleman from Florida might he extend that
bipartisan to join with me in asking that the conference meets. Without
a meeting there is no agreement.
Mr. SHAW. Mr. Speaker, will the gentleman yield?
Mr. RANGEL. I yield to the gentleman from Florida.
Mr. SHAW. Mr. Speaker, I think, as the gentleman knows, this is the
Senate's call at this particular point.
Mr. RANGEL. Mr. Speaker, when the Senate does call, I hope that the
minority be notified where the conference is being held, that we would
be allowed to participate.
Mr. Speaker, I yield 2 minutes to the gentleman from Michigan (Mr.
Levin), a member of the Committee on Ways and Means.
(Mr. LEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LEVIN. Mr. Speaker, I support this legislation. I assume
everybody else will. But let us recognize it as a baby step when we
should be taking a much larger one, I would say a giant step.
I do not think any of us know enough about what is happening in the
lives of the families of those who are serving, in many cases serving
longer than they ever expected, and the hardship that is happening
financially as well as otherwise to these families.
So we should be doing more than this. Indeed, we should have had a
Committee on Ways and Means discussion of this, this bill did not come
before us, to look at the panoply of legislation that we could be
considering and enacting. One has been mentioned relating to the child
credit. Another relates to the withdrawals from the IRAs. The penalty
is now being taken care of. But how about when there is a
recontribution to make up for what had to be withdrawn because people
are serving, they are doing their duty, they are receiving much less
pay, the families are living on much less? This was not expected. It
was not something they could readily plan for.
So today we ought to be looking at this legislation as something that
should be passed, but as something that should just be the opener in a
full discussion in this House, in our committee, about the consequences
that are being imposed really upon the families who are really in many
cases in some economic distress. So let us just make this the beginning
and not the end.
Mr. RANGEL. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Lantos), the senior Democrat on the Committee on
International Relations, and one of the most eloquent voices that we
have in this body.
Mr. LANTOS. Mr. Speaker, I thank my good friend for yielding me this
time.
Mr. Speaker, the legislation we are considering today is the absolute
[[Page H2220]]
height of hypocrisy. H.R. 1779, the so-called Guardsmen and Reservists
Financial Relief Act, is a sham, and it is an outrage. We are calling
up members of our National Guard and Reserves, pulling them out of
their regular employment, taking them away from their homes and
families and communities, and asking them to risk their lives in the
fight against terrorism in places like Iraq and Afghanistan. And what
does the Republican leadership of this House propose to do in order to
help them face the financial strain this call-up imposes on them and
their families as they risk their lives for our Nation? This
legislation provides the tiniest of tiny benefits. The bill allows the
waiver of the early withdrawal fees as reservists and National
Guardsmen and women use their own retirement savings, their own IRAs,
in order to meet their urgent financial needs caused by their
activation to serve our Nation.
This bill still requires that these brave men and women pay taxes on
the money they withdraw. This means that a reservist in the 25 percent
tax bracket would have to withdraw $10,000 from his own IRA in order to
meet expenses of $7,500.
Instead of considering serious and substantive Democratic proposals
to help those who risk their lives for all Americans, the leadership of
this House continues to adopt grandly titled legislation which does
little or nothing. At the same time, the Republican leadership
continues to press for the top White House domestic priority, another
tax cut for the wealthiest Americans.
Where is the shared sacrifice? Where is the effort to balance what
all Americans are being asked to sacrifice as we fight the war on
terrorism? Tax cuts for the wealthiest Americans, minute waivers of
fees on early withdrawals for soldiers fighting and dying in Iraq and
Afghanistan.
{time} 1200
I cannot understand how the leadership of this House can shamelessly
bring this tepid legislation to the floor and claim it benefits members
of the Reserves and National Guard.
Months ago, Madam Speaker, I introduced H.R. 1345, bipartisan
legislation supported by 80 Members of this body, that would provide
real relief to the more than 40 percent of the National Guard and
Reserves who suffer serious financial hardship when they are activated
to serve our Nation. There are currently 170,000 Reservists and
National Guardsmen activated to fight the war on terrorism, which means
that 70,000 of them are attempting to get by on drastically reduced
salaries.
Madam Speaker, the time has come to provide real assistance to these
families. I challenge the Republican majority in this House to take
meaningful action that will truly benefit the soldiers in our Reserve
and National Guard units. It is time to stop playing with sham
legislation like this bill that we are considering today.
Mr. RANGEL. Madam Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Sandlin).
Mr. SANDLIN. Madam Speaker, I thank my colleague from New York for
yielding me time.
Madam Speaker, today there are 171,917 National Guardsmen and
Reservists on active duty. They are facing increasingly difficult
circumstances with the most recent extension of the deployment of
troops in Iraq. As a consequence of their service, many of our National
Guardsmen and Reservists have been forced to resort to their savings,
savings that are vital to the economic well-being of their families.
Many of our Guardsmen and Reservists have been forced to liquidated
IRAs and other retirement accounts in order to pay their families' day-
to-day expenses.
I am pleased that the bill we have before us today provides these
servicemembers relief from the 10 percent penalty normally imposed on
individuals making early withdrawals from those accounts. This relief
is important, and I am pleased to support it as a first step.
Curiously, the bill does not take the next logical step, the next
important step. While H.R. 1779 would permit the individual to
recontribute the money to the retirement plan, the bill eliminates any
tax benefit for the recontribution. As a result, individuals making
those recontributions could ultimately face double taxation. They paid
regular income tax on the initial distribution; they would have to pay
regular income tax on the final distribution.
Madam Speaker, I am pleased today to support H.R. 1779, but only as a
first step. These folks are risking their lives. Let us not force them
to risk the financial security of their family.
Mr. RANGEL. Madam Speaker, I yield 1 minute to the gentleman from
Maine (Mr. Michaud), a member of the Committee on Veterans' Affairs.
Mr. MICHAUD. Madam Speaker, I thank the gentleman for yielding me
time.
Madam Speaker, yesterday I learned that one member of the 133rd
Engineering Battalion from my State of Maine was killed and four were
seriously wounded when serving their country in Iraq. My thoughts and
prayers are with these soldiers and their families.
Unfortunately, sacrifices like these make it very clear that the
Guard and Reserve face the same grave dangers as other military
personnel. They are an essential part of our total fighting force, and
they deserve the best our country can give.
I believe this bill before us today is a good first step in the right
direction, but there is still so much more we should be doing for our
soldiers and their families. Instead of simply allowing them to pull
out their retirement money early to help pay the bills, we should
provide better pay and assistance for their families. Indeed, they face
the same problems when they return home as other workers. Anyone who
has been unemployed for an extended period should have the same ability
to use their retirement funds to make ends meet. Even more important,
Reservists must return home to a country that can provide good jobs for
them so they can care for their families. That is the best way to honor
our veterans.
Mr. RANGEL. Madam Speaker, I yield 1 minute to the gentleman from
Ohio (Mr. Strickland), a member of the Committee on Veterans' Affairs.
Mr. STRICKLAND. Madam Speaker, the leadership of this House should be
ashamed to bring this bill to the floor. We are going to vote for it,
obviously, because it is better than nothing, but it is nearly nothing.
The President said in his last press conference that he would tell
the troops, whatever you need, we will provide. Well, it took the
President and the Pentagon one full year, from March, when the war
started, until March of this year, to ensure that all of our Guardsmen
and all of our Reservists had body armor to keep them safe, and now we
have Guardsmen and Reservists driving around in Iraq in Humvees that
are not armored. They are getting their limbs blown off, and they are
losing their lives by driving over these roadside bombs in unarmored
Humvees.
The only company that has a sole-source contract to provide these
armored Humvees for our military is in the State of Ohio. The vice
president of that company came to my office and said, Congressman, we
can produce up to 500 of these armored Humvees per month, but the
Pentagon is only asking for 220.
We are doing something for our Reservists and our National Guard
persons, but what we ought to be doing is providing them with life-
saving equipment, and the President and the Pentagon and this Congress
is failing to do that today.
Mr. SHAW. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I have to rise at this particular point. This is a
bill that gives a single benefit to our wonderful men and women serving
us in combat. This is not the end of the legislation. This is not the
only bill. This is not enough to do for these service men and women.
Nobody up here is claiming that.
This has nothing to do with body armor, it has nothing to do with
Humvees, it has nothing to do with equipment. Those are things that are
being addressed in another committee, and should be addressed. I cannot
disagree with what is being said, but this is not the forum in which to
make these types of allegations.
This is a very good step forward, and this is supposed to be one of
the unusual bipartisan moments we would
[[Page H2221]]
have in this body. I really am very disappointed that we are getting so
much negative debate on something that is, hey, not enough, but we are
going to move it forward.
Madam Speaker, it is my privilege to yield such time as he may
consume to the gentleman from South Carolina (Mr. Barrett), the
coauthor of this legislation.
Mr. BARRETT of South Carolina. Madam Speaker, I rise today to support
H.R. 1779, the Guardsmen and Reservists Financial Relief Act of 2003.
We live in a different world than we did 3 years ago. We now know our
borders are not secure, the oceans no longer protect us from the rest
of the world. Enemies in the past needed great armies, great industrial
capacities and so many other things to endanger America. Now terrorists
are organized to penetrate open societies and turn the power of modern
technologies against us.
To defeat this, we must and will use every tool available to us:
better homeland defense, law enforcement, intelligence and vigorous
efforts to cut off terrorist financing and military power.
There is no doubt that our National Guardsmen and Reservists have
been an integral part of our military power since September 11. The
members and their families have sacrificed so much over the past 2
years. That is why I am proud to have worked very closely with the
gentleman from Colorado (Mr. Beauprez) to come up with a way to ease
the financial burdens placed on our Guardsmen and Reservists families
while they serve their country.
H.R. 1779 will allow military Reservists and National Guardsmen to
make penalty-free withdrawals, listen to me now, penalty-free
withdrawals, from their IRAs if they have been called for an extended
duty time of more than 179 days. Reservists and Guardsmen will then be
able to repay these withdrawals, penalty free, penalty free, within 2
years after the end of their duty.
It is my hope that this legislation will give some relief to the
families who sacrifice day to day. You have seen them, and I have seen
them. They are in everybody's district.
We want to help them to ensure our national security so we can defend
our freedom. H.R. 1779 is just one way our Nation can thank them for
what they do, each and every one of them every day. My thoughts and
prayers remain with those who stand in harm's way, and may God bless
each and every one of them.
Mr. RANGEL. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, let me take this opportunity to disagree in the most
friendly way with the gentleman from Florida. This is the time for us
to show our support for our Reservists and National Guard. This is the
time for us to give you on the other side of the aisle an opportunity
to show what package you would want to present so that we in a
bipartisan way can present this.
It is no profile in courage for us to say you are now able to borrow
money from your pension funds and have it penalty-free, penalty-free,
penalty-free. Eighty-eight of the 704 people killed in action are
Reservists and National Guard. Their families know that we have about
25,000 civilians over there that really get better benefits than they
are getting.
So we are only using this as a vehicle to offer you the opportunity
to join in a bipartisan way with a package that should sweep the
patriotism of this House and to really say we are not remembering you
in our prayers, but we are remembering you in the pocketbook where
these people are suffering.
Madam Speaker, I yield one minute to the distinguished gentleman from
California (Mr. George Miller)
(Mr. GEORGE MILLER of California asked and was given permission to
revise and extend his remarks.)
Mr. GEORGE MILLER of California. Madam Speaker, we are going to
support this legislation, but let us understand something: this
legislation is a monumental insult to our Guardspeople and our
soldiers.
What we are telling them is we invaded Iraq, and now they have to
invade their savings, that they have to invade their retirement plans
and their savings to subsidize this war effort. Because their families
are under serious economic stress to keep from losing their home or
losing their car or defaulting on a loan, they must now invade their
savings, contrary to every bit of piece of advice that they get from
Merrill Lynch, from Goldman Sachs and everybody else about how you
build a retirement account, that you do not invade it.
Many of these people do not have incomes that will allow them to
restore the savings that they take out of here. So they are getting
penalized. They are getting penalized by destroying their long-term
retirement future to subsidize this war because we could not come up
with a plan, this administration, to get them out of Iraq on time or to
give them notice about how long they were going to spend there so their
families could make adjustments.
What these sailors and soldiers and Marines need is they need some
additional pay. They need interest-free loans. They do not need to
invade their savings to subsidize this war. It is an outrageous thing
that we would do this to these individuals, because so many of them are
not going to be able to pay this money back.
Mr. RANGEL. Madam Speaker, I yield 1 minute to the gentleman from
Tennessee (Mr. Tanner), a member of the Committee on Ways and Means
(Mr. TANNER asked and was given permission to revise and extend his
remarks.)
Mr. TANNER. Madam Speaker, I thank the gentleman for yielding me
time.
Madam Speaker, I spent 26 years in the National Guard. I know what
some of these people in the Guard and Reserve are going through. It is
of little use, I think, for us to claim that we are giving a benefit to
people when all we are saying to them is you can spend your own
retirement money without penalty.
That is a really pathetic gesture to people who are the only people
in the country, active duty, Guard and Reservists and their families,
the only people in this country who have been asked to sacrifice
anything, anything whatsoever. The rest of us, people my age, I am now
retired from the National Guard, are told, you take a tax cut.
We send thousands of young people to Iraq and all over the world.
``We will make any sacrifice.'' No, we are not making any sacrifice.
They are. We are told to go shop and take a tax cut to help the
economy. They are the ones that are making the sacrifice, and it is a
shame that this is all we can do.
The SPEAKER pro tempore (Mrs. Biggert). The gentleman from New York
(Mr. Rangel) has 1 minute remaining, and the gentleman from Florida
(Mr. Shaw) has 11 minutes remaining.
Mr. RANGEL. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, because I am concerned about the feelings of the
gentleman from Florida, and not believing that we can move forward on
this in a bipartisan way, I am going to make an offer that I do not
believe that he can refuse, and that is we have agreed that this would
be a very small step in doing what we as Americans, we as Members of
Congress would want to do.
{time} 1215
We Democrats have a lot of ideas. We have a committee that is working
on how we can best support our troops, National Guard, reservists and
active. If his office would work with my office with the ideas that
they have, maybe we can come together with a meaningful, a real
meaningful, support bill to show how much we appreciate the
extraordinary commitment that these men and women are making.
And so perhaps once a week I will come to the floor and call upon my
friend, the gentleman from Florida, cannot we collectively do something
so that we are not criticizing the minimum we do, but we be supporting
the maximum that fiscally we can.
Mr. SHAW. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I will say to my good friend the gentleman from New
York (Mr. Rangel) that any time he wants to meet with me, I would be
delighted to meet with him. Unfortunately, most of the problems that we
have been hearing are in the Committee on Armed Services where, I might
say, that that committee has a lot of good bipartisan effort within
that committee. But I would be delighted to share any ideas that I
might
[[Page H2222]]
have or that the gentleman from New York (Mr. Rangel) might have
including one that was spoken of earlier by the gentleman from
California, and that is interest-free loans.
Madam Speaker, I yield 2 minutes to the gentleman from Nevada (Mr.
Gibbons).
Mr. GIBBONS. Madam Speaker, I rise today in strong support of the
Guardsman and Reservists Financial Relief Act of 2003.
First let me commend all of our fine troops at home and abroad for
their efforts in the war on terrorism. I want them to know that America
supports their unyielding commitment in protecting our country from the
constant threat of terror. The terrorists will never let up in their
pursuit to create devastation and chaos all at the cost of innocent
civilians, and their lives, of course. And we cannot afford to lose
this war, and we must remain steadfast.
Madam Speaker, there is no doubt that through this difficult and
dangerous struggle, our National Guardsmen and military reservists have
continued to serve our Nation with honor and distinction. The President
and this Nation have called upon these brave men and women to help win
this war, and they have answered.
Guard and reservists oftentimes leave behind not only their friends
and family, but their private sector jobs. In doing so they may face a
drastic cut in pay, placing their families in financial hardship.
While our reservists are fighting to protect the American way of
life, facing daily threats from radical insurgents and terrorists
abroad, here in Congress we must stand up and fight for those heroes
here at home.
Madam Speaker, this is why I am a strong advocate for this
legislation. H.R. 1779 will help the families of these reservists and
guardsmen pay their bills while they continue to serve this country. I
ask Congress to do the right thing today, pass this important bill for
the brave men and women who sacrificed so much for our safety and
security so that we can win this war.
Mr. SHAW. Madam Speaker, I yield 1 minute to the gentleman from South
Carolina (Mr. Spratt).
Mr. SPRATT. Madam Speaker, there is nothing wrong with this bill as
far as it goes. What we are trying to argue here is we need to go
further, particularly at this point in time. The gentleman mentioned
the Committee on Armed Services. When we had the last supplemental
appropriation on the floor, $87 billion, I offered a package of
benefits that went to family assistance, family separation pay,
imminent danger pay, Tricare for reservists, a number of different
things that we could and probably will have to do because of
recruitment and retention problems that we will face down the road, but
should do out of gratitude for our troops and particularly our Reserve
and Guard components.
So I hope we can get the cooperation of both sides of the aisle in
crafting a package for the upcoming mark of the defense authorization
bill which will address many areas here where things can be done
positively that go far beyond this bill.
Mr. SHAW. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I say to the gentleman from South Carolina (Mr.
Spratt) that I agree with him more than I disagree with him. I think he
puts a nice positive spin on the closing side on the minority side.
Yes, we are not doing enough, but I think now every 2 years we go
through this.
This bill which this body is going to overwhelmingly support, and I
am going to ask for a recorded vote, it has been called the height of
hypocrisy, it has been called a sham, an insult. One of the speakers
said it was pathetic.
Let me come back to Earth here and go through exactly what this bill
does do. I think this is very important. Generally distributions from
IRAs or pension plans are subject to 10 percent early withdrawal
penalty if made before the age of 59\1/2\. And there are some
exceptions right now that are in the law, such as distributions made
for catastrophic medical expenses or first-time home purchases. I think
there is also an exemption on educational funds.
What this bill simply does, and I compliment the authors of this
bill, it would waive the 10 percent early withdrawal penalty for
military reservists and National Guardsmen who are called into Active
Duty for more than 179 days. Amounts withdrawn could be repaid on an
after-tax basis to an IRA within 2 years after leaving Active Duty
status. The bill would apply to individuals called into duty after
September 11, 2001, and before September 12, 2005.
The Joint Committee on Taxation estimates that this bill would reduce
revenue to the Federal Government by approximately $4 million over 10
years. That is not, in the total scheme of things in this Federal
Government, that is not a lot of money. The gentleman from South
Carolina (Mr. Spratt) knows this well. He is the ranking member on the
Committee on the Budget and an expert on the minority side in this
area.
It is the least we can do. Is it enough? No. Are we requiring people
to take the money out of their IRAs? No. We are simply laying down
another tool by which these families can help themselves. There are
already many things that are in the law that protect our men and women
who are called upon to serve. But are there enough things? Shall we
continue to look for additional things? Of course we should. We owe
them so very much. We can never repay the risks that they are taking,
the sacrifices that they and their families are making.
General Leave
Mr. SHAW. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and to include extraneous material on the subject of this bill.
The SPEAKER pro tempore (Mrs. Biggert). Is there objection to the
request of the gentleman from Florida?
There was no objection.
Mr. STARK. Madam Speaker, I am in support of the Guardsman and
Reservists Financial Relief Act.
The courageous Americans serving in harms way should not be forced to
suffer for their services through unnecessary financial hardship. This
legislation would allow members of the National Guard and Reserves
deployed in extended duty in Iraq and elsewhere the opportunity to
borrow against their 301(k) plans and retirement savings to make ends
meet.
This bill may give reservists more flexibility to meet financial
pressures. But President Bush and Republicans in Congress can--and
must--do more for our troops who are making sacrifices on our behalf.
They deserve better pay and better health care and benefits for their
families.
Several thousands reservists who were on the verge of coming home
from Iraq recently had their stay extended. By next month, the Pentagon
expects reservists to make up 40 percent of the total force employed
there. In fact, more than 325,000 Guardsmen and reservists have been
activated since September 11, many taking a pay cut when called to
active duty.
With the bill before us today, reservists aren't getting additional
pay to help support themselves and their families. They're just being
allowed to borrow against their retirement without a penalty--as if
having to pay back their lost retirement savings later because of lost
wages isn't penalty enough.
It is important to remember that most people who've joined the Guard
and the Reserves never signed up expecting to be deployed on extended
tours of duty. Yet, they have accepted that responsibility and served
courageously in Iraq. But, let us not forget our reservists are still
bearing the consequences.
Many families of Guard and Reserve troops have had to cope with lost
income since their civilian salaries are suspended while they are on
active duty. The military pay for most reservists is often far lower
than their civilian job forcing many families to work overtime, use
their savings or even go on welfare.
Rather than putting it on reservists to make up for this lost pay,
Congress ought to pass the Equity for Reservists Pay Act, legislation I
support to require federal agencies to pay employees the difference
between their civilian and military wages while they are on active
duty. Congress ought also extend military pay raises. We ought to
extend the child tax credit to low-income families of those serving in
Iraq or Afghanistan.
Although I support this legislation, Republicans have sadly missed
the mark today. This just doesn't repay our troops for their service.
But, I'm not surprised considering that President Bush wants to cut
imminent danger pay and separation allowances, putting our troops
further in the hole.
I urge my colleagues to pass this legislation today. But this should
not be the last step this Congress takes to help those brave Americans
who continue to sacrifice for our nation.
[[Page H2223]]
Mr. SPRATT. Madam Speaker, H.R. 1779 amends the Internal Revenue Code
of 1986 to allow penalty-free retirement account withdrawals for
national guardsmen and reservists called to active duty for an
extended, and further authorizes a 2-year period to reimburse their
accounts up to the amount withdrawn. I think you would be hard pressed
to find a Member of Congress who opposes this low cost bill to benefit
our troops. My only question is: Shouldn't we do more? The answer is
clearly yes. I agree in spirit with this bill, but when I compare it
with what the troops truly deserve, I'm reminded of the commercial,
``Where's the beef?'' come up short. The mere fact that we are
considering legislation that allows guardsmen and reservists to
withdraw funds from their retirement accounts indicates the problem. A
solution for this problem must include more ``beef'' than simply
allowing our service members to borrow from their long term savings to
meet their short term obligations. A true solution lies in the form of
better benefits.
Our troops, both active and reserve need and deserve better family
separation and imminent danger pay. Reservists serving in Afghanistan
and Iraq need TRICARE military health coverage. Retirees deserve better
survivor benefits for military widows and our military families deserve
better housing.
Recent events in Afghanistan and Iraq highlight the perils of war. In
the FY03 Emergency Supplemental Appropriations bill, imminent danger
pay, additional compensation provided to servicemen and women in combat
zones, was raised to $225 from $150 a month. The family separation
allowance, which goes to help military families pay rent, child care or
other expenses while service members are away, was raised from $100 to
$250 a month. Congress should act now to make these increases
permanent. This will show our troops that we are aware of the hardships
they face not only in the field, but also at home.
The Supplemental Appropriations bill also provided limited and
temporary TRICARE benefits for Reservists. It stopped short of
providing expanded health care benefits to members of the selected
reserve and certain members of the Individual Ready Reserve and their
families.
Representative Jeff Miller's bill to end the survivor Benefit Plan
(SBP) widow's tax has 303 co-sponsors, but may never make it to the
floor for a vote. Congress should act on this important legislation.
We have thousands of service members and their families living in
substandard housing. The Military Housing Privatization Initiative
(MHPI) was passed to remedy this injustice. A spending cap was set as a
safeguard. We anticipate reaching the spending cap by November 2004,
and the problem has not been solved. We must raise or eliminate this
cap in order to continue this necessary program.
Instead of rewarding our troops and retirees with tangible benefits,
the legislation we are debating today simply permits select Reserve
Component members to borrow their own money in the short term at the
expense of their long term goal of a comfortable retirement. While H.R.
1779 allows a two year period to replace the withdrawn funds, I am
doubtful that a financial strain that would require tapping one's
retirement savings would permit complete reimbursement within 2 years.
We can do better for the men and women of the world's greatest
military. Rather than simply removing the 10 percent penalty for early
retirement account withdrawal, I urge my colleagues to support a
permanent increase in imminent danger pay and the family separation
allowance, provide adequate funding to include reservists in TRICARE,
eliminate the SBP widow's tax, and raise or eliminate the MHPI spending
cap.
H.R. 1779 is a low cost morale booster for our troops in the field,
and I urge its passage today. However, the mere fact that we are
considering this measure highlights a bigger and more lasting problem
for our troops. Mr. Speaker, I will vote yes on this bill, but I urge
my colleagues, especially the Republican Majority to follow up H.R.
1779 with the more meaningful and substantive legislation I have
outlined, which is specifically spelled out in the ``Military Benefits
Proposal,'' which I am attaching and submitting for the Record. This
list contains benefits I proposed when the $87 billion Supplemental
Appropriation was offered last year. Unfortunately, the Rules Committee
did not make my proposal in order as an amendment. I intend to offer
many of these benefits again when the Defense Authorization Bill is
marked up in Committee and considered here on the floor.
Military Benefits Proposals
Hostile Fire/Imminent Danger Pay: Makes increase from $225
per month to $250 per month permanent.
Family Separation Allowance: Makes increase to $250 per
month permanent.
Hardship Duty Pay: Increases from $300 per month to up to
$600 per month during FY2004.
Eliminate Out-of-Pocket Housing Costs: Accelerates from
2005 to 2004 the final year of the bipartisan effort to
increase the Basic Allowance for Housing to completely cover
average out-of-pocket housing costs for military families
living off base.
Family Assistance Centers: Provides $48 million for
increased demand on family assistance centers for National
Guard and Reserve to assist with problems related to
increased deployments.
Transition Assistance for Disabled Servicemembers: Provides
$50 million to enhance DOD-VA transition programs for
disabled servicemembers.
Deployment Notification to Reservists: Directs DOD to
provide maximum advance notice to mobilized Guard and Reserve
personnel on the timing and duration of their duty.
Small Business Loans for Reservists: Provides $25 million
for loans or loan guarantees for reservists whose small
businesses have been disrupted by their mobilization.
Vocation Development for Reservists: Provides $25 million
for SBA grants for vocational or technical training for
reserve-owned small businesses.
Mr. KIND. Madam Speaker, I rise in support of this legislation, H.R.
1779, the Guardsmen and Reservists Financial Relief Act, which will
allow members of the National Guard and military Reserve forces to make
penalty free withdrawals from retirement accounts if they are called to
active duty for an extended period of time.
Our National Guard and reserve forces are playing a leading role in
our operations abroad. Nationwide, over 325,000 members of the Guard
and reserve have been called up to active duty since September 11,
2001. Serving in Iraq and elsewhere, these service members have fought
side-by-side with their Active Duty counterparts in often difficult and
dangerous conditions.
Over the past year, I have had the opportunity to meet with many
National Guard and Reserve members and families from Wisconsin who have
been called up in support of operations Enduring Freedom in Afghanistan
and Operation Iraqi Freedom in Iraq. Members of the 229th Engineer
Company out of Prairie du Chien and Platteville, the 829th Engineer
Detachment out of Richland Center, and the 652d Engineer Company out of
Ellsworth all recently returned from yearlong deployments in Iraq.
Their sacrifices, and those of their families, are greatly appreciated
by Wisconsin residents.
With many Guard and Reserve members taking large pay cuts when called
to active duty, it is proper that Congress act to relieve this
additional burden. The legislation before us today helps by allowing
activated Guard and Reserve members to withdraw money from retirement
accounts without penalty.
While this legislation assists those Guard and Reserve members and
families who need financial assistance to make ends meet, it is only a
minor step. I, along with many other members of Congress, support
additional tax relief for military families, pay increases for certain
personnel, health care improvements, and reenlistment bonuses for
members of the Reserve Component.
Our military commitments in Iraq and throughout the world are not
likely to diminish in the near future, and the Defense Department
expects Guard and Reserve units to make up about 40 percent of our
total force in Iraq by May 1, 2004. With this in mind, we need to do
all we can to support the men and women of the Guard and Reserve who
are called to active duty and their families.
My thoughts and prayers are with those serving our country overseas,
as well as their families. America is firmly behind our troops, and we
are all hoping to see them home safe, secure and soon.
May God continue to bless the United States of America.
Mr. SHAW. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Shaw) that the House suspend the rules and
pass the bill, H.R. 1779.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SHAW. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________