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Congressional Record—House H10058

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Congressional Record—House H10058 H10058 CONGRESSIONAL RECORD — HOUSE October 29, 2003 150 miles from Jacksonville—a three-hour SEC. 2. FINDINGS. the Air Force for about 29 years. So my drive. Florida’s two smaller national ceme- The Congress finds the following: family and I know something about teries in Pensacola and St. Augustine are (1) The tragic events of September 11, 2001, this part of military life, and I will and subsequent worldwide combat operations closed due to full capacity. The situation for in the Global War on Terrorism and in Oper- never forget, after I got home from Jacksonville-area veterans is almost des- ation Iraqi Freedom have highlighted the being a prisoner of war, that my wife perate. significant contributions of members of the said that one of her worst moments The National Cemetery Administration’s in- Armed Forces in support of the national se- was when the military chaplain pulled tent is to make veterans’ burial needs avail- curity of the United States and the sacrifices up in front of the house after I was shot able in a state or national cemetery within 75 made by those members in the defense of down and her heart just stopped. She miles of the veteran’s home. Veterans in the freedom. did not know what they were going to Jacksonville area are twice the distance from (2) The sacrifices made by the members of say, but she knew it was not going to the Armed Forces are significant and are an open national cemetery than the National worthy of meaningful expressions of grati- be good, and I cannot imagine today Cemetery Administration’s goal. This is unac- tude by the Government of the United the unspeakable despair of a family ceptable. People need to be able to visit their States, especially in the case of sacrifice who just lost the loved one in service of loved one’s final resting place without being through loss of life. their country only to be followed up by burdened with a six-hour round trip from Jack- (3) The death gratuity payment made by the horror of a visit from the tax man. sonville. We need to show veterans the re- the United States Government for deaths That is just wrong. This bill fixes that. spect that they have earned. while in military service has historically We need to change that law today. I ask that my colleagues support this impor- been tax exempt. This bill permits the entire amount (4) The military death gratuity payment tant legislation. should remain tax exempt in order to assist of the death benefit gratuity to be tax Mr. SMITH of New Jersey. Mr. families of fallen patriots to continue their free. It also increases the amount of Speaker, I yield back the balance of quality of life during their greatest time of the death benefit to $12,000, which is my time. need. more in line with the value of these The SPEAKER pro tempore. The (5) The Congress should periodically in- benefits when they were initially cre- question is on the motion offered by crease the amount of the military death gra- ated. the gentleman from New Jersey (Mr. tuity payment to ensure that its value is not This is a clean bill. There is abso- diminished. SMITH) that the House suspend the lutely no good reason for it to get SEC. 3. INCREASE IN DEATH GRATUITY PAYABLE rules and concur in the Senate amend- WITH RESPECT TO DECEASED MEM- fouled up in the same legislative back ments to the bill, H.R. 1516. BERS OF THE ARMED FORCES. water that stalled three previous provi- The question was taken. (a) AMOUNT OF DEATH GRATUITY.—Section sions of this bill. The SPEAKER pro tempore. In the 1478(a) of title 10, United States Code, is Sadly, every day we hear of deaths in opinion of the Chair, two-thirds of amended by striking ‘‘$6,000’’ and inserting Iraq and other military hot spots those present have voted in the affirm- ‘‘$12,000’’. around the globe. In the 2 years since 9/ (b) EFFECTIVE DATE.—The amendment ative. made by subsection (a) shall take effect as of 11, it has been increasingly important Mr. SMITH of New Jersey. Mr. September 11, 2001, and shall apply with re- that we eliminate the unfair, immoral Speaker, on that I demand the yeas spect to deaths occurring on or after that tax on the death benefit of a and nays. date. servicemember’s loved ones who re- The yeas and nays were ordered. SEC. 4. RESTORATION OF FULL EXCLUSION FROM ceive that from the Armed Forces. The SPEAKER pro tempore. Pursu- GROSS INCOME OF DEATH GRA- Mr. Speaker, I reserve the balance of TUITY PAYMENT. my time. ant to clause 8 of rule XX and the (a) IN GENERAL.—Paragraph (3) of section Chair’s prior announcement, further 134(b) of the Internal Revenue Code of 1986 Mr. MCNULTY. Mr. Speaker, I yield proceedings on this motion will be (relating to qualified military benefit) is myself such time as I may consume. postponed. amended by adding at the end the following There is no need for me to reiterate f new subparagraph: the details of this bill. The gentleman ‘‘(C) EXCEPTION FOR DEATH GRATUITY AD- from Texas has outlined them. I GENERAL LEAVE JUSTMENTS MADE BY LAW.—Subparagraph (A) strongly support the bill, and I agree Mr. SMITH of New Jersey. Mr. shall not apply to any adjustment to the with him wholeheartedly, that its pas- Speaker, I ask unanimous consent that amount of death gratuity payable under chapter 75 of title 10, United States Code, sage is long overdue. all Members may have 5 legislative which is pursuant to a provision of law en- I will also say that it is one of my days within which to revise and extend acted on or before the date of the enactment great honors to serve in the United their remarks and include extraneous of this subparagraph.’’. States Congress with my friend SAM material on H.R. 1516, as amended. (b) CONFORMING AMENDMENT.—Section JOHNSON. He rendered outstanding The SPEAKER pro tempore (Mr. 134(b)(3)(A) of such Code is amended by strik- service as a member of our Armed TERRY). Is there objection to the re- ing ‘‘subparagraph (B)’’ and inserting ‘‘sub- Forces over a very long period of time. paragraphs (B) and (C)’’. quest of the gentleman from New Jer- (c) EFFECTIVE DATE.—The amendments He was also, as my colleagues all know, sey? made by this section shall apply with respect a prisoner of war for 7 years and en- There was no objection. to deaths occurring after September 10, 2001. dured torture during his service on be- f The SPEAKER pro tempore. Pursu- half of our country. Thankfully, he came back home and has rendered out- FALLEN PATRIOTS TAX RELIEF ant to the rule, the gentleman from standing service to his community, to ACT Texas (Mr. SAM JOHNSON) and the gen- tleman from New York (Mr. MCNULTY) his State, and his Nation ever since. Mr. SAM JOHNSON of Texas. Mr. each will control 20 minutes. b 1400 Speaker, I move to suspend the rules The Chair recognizes the gentleman and pass the bill (H.R. 3365) to amend from Texas (Mr. SAM JOHNSON). I am grateful to him, and I am grate- title 10, United States Code, and the In- Mr. SAM JOHNSON of Texas. Mr. ful to all of those who served in our ternal Revenue Code of 1986 to increase Speaker, I yield myself such time as I Armed Forces through the years. the death gratuity payable with re- may consume. As I get older, I work more at keep- spect to deceased members of the Mr. Speaker, I rise today in support ing my priorities straight. Part of that Armed Forces and to exclude such gra- of this bill, the Fallen Patriots Tax Re- for me is to remember that had it not tuity from gross income. lief Act. It is important to me, and I been for all of the men and women who The Clerk read as follows: think to the whole Congress, that we served in the United States military H.R. 3365 get this enacted right away. It is un- through the years, the rest of us would Be it enacted by the Senate and House of Rep- conscionable to me that a knock at the not have the privilege of going around resentatives of the United States of America in door by a military chaplain is followed bragging, as I often do, about how we Congress assembled, by a knock on the door from the tax live in the freest and most open democ- SECTION 1. SHORT TITLE. man. racy on the face of the Earth. This Act may be cited as the ‘‘Fallen Pa- Sadly, this is the case. I had the dis- Freedom is not free. We have paid a triots Tax Relief Act’’. tinct honor of serving my country in tremendous price for it. Part of that VerDate jul 14 2003 02:18 Oct 30, 2003 Jkt 029060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A29OC7.142 H29PT1 October 29, 2003 CONGRESSIONAL RECORD — HOUSE H10059 price is visible in this Chamber. And As a 10-year veteran of the Army Re- MA; Date and Place of Death: May 21, 2003 in today we are talking about those who serve, I ask you to ‘Achieve the Honor- an area south of Baghdad, Iraq.
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