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DAY THREE: 4th Infantry Division
Posted by Michelle Stein on February 18, 2004
Codel Davis 18 Feb 2004
4th Infantry Division
The second day in Iraq began with the trip from the Kuwait Airport in the ubiquitous C-130 aircraft to the town of Kirkuk. This is the site for major Iraqi oil production in the north. We left the airfield via Blackhawks helicopter to the town of Tikrit. One difference in the helicopter ride from the August trip was that the aircraft flew much lower, much faster than on our previous trip. I assume this was because of the problems encountered during the month of November when helicopter flights were the subject of attacks by insurgents.
Flying over the oilfield was extremely instructive. There has been significant degradation of infrastructure as there have been in other locations in Iraq, but in the oilfields this has resulted in some significant ecological impact as well. We saw areas where the ground was simply covered with a black, tarry substance. There was an extremely large mound of yellow sulfur that had been recovered during the refining process and simply dumped on the countryside. Because of the high amount of sulfur in the crude petroleum product in Iraq, there is a significant problem with corrosion in the pipelines. This has resulted in some significant problems with breaks in the delivery system which further complicates the return to economic viability of this country.
The oil refining capability in Iraq is such that only 26 gallons out of every 48 gallons contained in a barrel of oil are recovered as a refined product. This compares with 47 gallons collected from a barrel of oil in more modern plants elsewhere in the Middle East and in the United States. Clearly this is an enormous barrier to competitiveness on the world market. The economic consequences of merely selling the oil on the open market as the crude product versus the refined product are immense.
We flew past another powerplant which had 3 of 6 smokestacks working indicating a probable 50% capacity or less.
The fields beneath the flight path were green with recently planted wheat crops which was only brown stubble when I flew over this same region last August. Apparently, because of some significant rains during the past year, it was anticipated that the wheat harvest would be larger this year. There is genuine concern if there will be adequate diesel fuel available to run the farm machinery necessary to capture the harvest.
The helicopter trip was accomplished without incident in spite of the low altitude approach. We had an uncomplicated landing at the palace compounds in the town of Tikrit on the Tigris River.
General Raymond Odierno
We then had a briefing with General Raymond Odierno of the fourth infantry division. This is the Army division of Fort Hood, Texas which is due to return in one month's time having been here almost a year.
General Odierno stated that the capture of Saddam Hussein had had a significant positive effect upon the soldiers in his command, but he felt there was a greater effect upon the families of the soldiers at home. He said that this was a true validation of the soldiers mission, and gave the families tangible evidence that their loved ones absence was indeed for a worthwhile purpose.
Again while Saddam Hussein himself has not provided much information, the documents captured, at the time of his arrest, has proven to be invaluable. Additionally, this has provided a source for re-interrogation of previously questioned individuals who are now providing additional information.
The General stated that there has been significant improvement in Iraq over the past six month’s time. He pointed to the fact that the next Iraqi senior officers were now acting as advisers in the new Iraqi army.
More shops are open and more construction occurring than at any time in the recent past. On a less than positive note, the establishment of the Iraqi police force has been too slow, but the additional money provided in the supplement recently passed by Congress will greatly help this process. Additionally, there is a reported 40% unemployment rate in Iraq. This is a number that is hard to ascertain for certain, but currently, that General said Iraq was not a job-based economy. He again felt that the funds available from the supplemental will drive long-term employment.
The General stated that automated banks are now a feature of life in the town of Tikrit. He stated that agriculture increased over three times in past six months. This amazing turnaround is a result of the availability of electricity to run pumps to deliver water to irrigate crops. He reiterated that the oil infrastructure was more of a patchwork. Not much work has been done on reestablishing rail lines as of yet, but they believe this needs to happen.
General Odierno said the border police now number over 2,000. He stated that their intelligence in town has seen consistently increased. Subsequently, the raids on the members of the insurgency have become much more successful than before, nearing a 90% success rate compared with 50% or less last August. An additional benefit is that this success rate is occurring as a joint process between the United States and members of the Iraqi police or Civil Defense Corps.
The focused raids deal with individuals to manufacture or sell improvised explosive devices, mortars or general arms merchants. There is a general feeling that the Iraqis really do not like foreigners and this applies to insurgents as well as liberators. This places groups like Al Qaeda at a distinct disadvantage in that they are constantly playing an “away” game.
Attacks by the former regime elements are no longer relevant. Money for their activities has become scarce, so they are now relying on foreign fighters. Currently, the vehicle-born improvised explosive device has become a much greater concern. However, over the past 30 days, there has been an increased tendency for leaders in the community to come forward to identify these individuals to the community at-large as people have had enough of fighting and insurgency.
The General reported significant clearance of the munitions by both collection and construction. Some 3,500 sites have been identified in his area alone. The weapons collected have ranged from US made munitions from the 1950s and 1960s to French, Russian, Chinese and Syrian weapons.
The Iraqi Civil Defense Corps has been one of the true success stories with thousands of trained with military training. In some ways, the General said it was more difficult to train policeman man the Civil Defense Corps. Police training requires much more attention to crime scene preservation and evidence development than does the type of activities taken on by the Iraqi Civil Defense Corps. There is a significant improvement in communications and getting our message out to regular Iraqi citizens.
The General concluded by pointing out how this summer, Iraqi citizens will have their own sovereign national government and will control their own destiny for the first time since 1967.
Following the briefing by the General there was a plan to go to the town of Tikrit to visit with local leaders. Because of some security concerns that had occurred just outside of the fourth infantry division compound, the local leaders were brought to the military base for a meeting with the congressional delegation.
This was a rather wide ranging and unstructured discussion. Various religious leaders, governors and lieutenant governor's, as well as religious leaders, were in attendance. It very much resembled a town hall meeting back home mediated by translators. There didn't seem to the any harsh rifts that would be difficult to overcome. There did seem to be a broad consensus that the return to local governance next summer was an event that all anticipated eagerly.
We again had a chance to visit with the soldiers of the fourth infantry division at the time of their evening meal. This revealed that our soldiers’ morales were high, and they were eagerly anticipating their return next month.
Of particular interest to me was the fact that a banner I left with the troops last summer was prominently displayed on their wall in the mess tent.
We left the base and Tikrit via helicopter and again flew low and fast back to the air base. Only this time it was night, and we flew without lights. This added another dimension of drama to our departure.
Likewise the C-130's flew back to Kuwait City completely darkened to avoid becoming a target for any insurgents on the ground.
Contrasting the day with a similar trip last August, I felt that there was huge progress taking place in this area of Iraq. The General and his troops have done a masterful job with a dramatic capture of Saddam Hussein in December. While our trip into Tikrit was canceled, the mere fact that a trip into town was planned was a significant improvement over the past six months. In August process trip would have even been contemplated.
DAY TWO: Burgess Returns to Iraq
Posted by Michelle Stein on February 17, 2004
Codel Davis 17 Feb 2004
We had an early start this morning - hotel departure occurring at 0800 - takeoff from the collate airport at about 0830. Our method of travel was the ever reliable C-130, a very durable and loud aircraft.
We again made a tactical landing into Baghdad Airport, with a rapid descent from 22,000 ft. immediately over the airport but touching down without so much as a bump on the threshold of the runway. This was particularly remarkable because the back of the aircraft was occupied by a Bradley fighting vehicle, which surely was of considerable weight.
In addition to the members of our party, there were 18 servicemen as well as a crew of six. The crew was from the Illinois National Guard and the pilot of our aircraft was Troy Roberts.
On my previous visit to Baghdad, we departed the airport in Black Hawk helicopters for the Coalition provisional authority headquarters. Today, however, we were taken to the CPA headquarters in a convoy of suburbans. The intention had been for us to meet with Ambassador Bremmer, but he was detained in northern Iraq. As a consequence with were met by his deputy Mr. Richard H. Jones.
Ambassador Jones discussed with us some of the events that have occurred since the capture of Saddam Hussein. While the former leader himself has not been forthcoming with much information about insurgents and foreign letters in the country, the documents seized along with Saddam that day have proven to be a very valuable resource in identifying insurgent groups and their tactics. The Coalition continues to be successful in exploiting information from these documents.
Consistent with the information we have seen and newspaper for the past several days, Ambassador Jones related to us that the current game plan of the insurgents and foreign fighters was to direct their attacks against innocent Iraqi civilians and Iraqi police. Their desire is to render Iraq a lawless area that could then become a haven for the professional Jihadist. Additionally, the documents obtained from the Courier of an individual named al Zachawi revealed a strategy for driving a wedge between the various sects in Iraq.
The Ambassador did have some discussion about the political issues facing the country and some of the difficulties involved with dealing with the Shia majority as well as outside influences from other countries such as Iran. Currently Ambassador Bremmer is involved with negotiations between the various religious sects, the Kurdish population and the Sunni minority. Transitional Administrative Law is currently what is under debate with attention being given to providing a robust Bill of Rights and protections for minorities and women.
Following this was a meeting with some of the members of the Iraqi governing council where a variety of opinions were discussed.
After lunch, we left Ambassador Bremmer's home and were taken to the CPA headquarters. We were there met by Lieutenant General Ricardo Sanchez who has always provided a rather comprehensive and thorough briefing.
Just as he had last August, general Sanchez reiterated the central mission for the military in Iraq which was to capture, kill and defeat those who meant harm to the Iraqi population and to defend the Coalition forces. They are also working to hand-off control of the country to the Iraqi civil authority when it is ready to accept this obligation.
The General stated that October and November were the peak of insurgency from the beginning of Ramadan until the end of the year. This was the most intense activity that had occurred since May 2003 representing coordinated attacks and over 40 engagements per day. The highest intensity was 53 engagements that occurred on November 15. The General described their response as being “heavily kinetic."
At that time, their intelligence, particularly the human intelligence, was beginning to show positive results. This coalesced in December with the capture of Saddam Hussein and the subsequent exploitation of the documents he was holding with him. A much clearer picture of the operational leadership in Baghdad was obtained as a result of studying these documents. Additionally, there were significant benefits from follow on interrogations of individuals who were already in captivity, but with the advantage of this new information shared with Saddam Hussein.
Saddam Hussein was providing intent, funding and strategically was standing up the beginnings of a military bureau to organize insurgency against coalition forces. In fact there had been some success against the fourth infantry division to three forces in the immediate Baghdad area. Now with the inability to take information from capture documents there has been an immediate takedown of individuals, a degradation of enemy sales and deterioration of the operational structure that was beginning to take shape prior to Saddam's capture. It is believed that the foreign element is on the defensive but not totally defeated. Terrorists and extremist elements are responsible for some recent rather spectacular attacks against the Iraqi security force coalition members, Kurdish nationals and the Iraqi police force.
General Sanchez pointed out that there were now 38 member nations involved in the Coalition, and that the Coalition itself remains solid. Despite methods being used by the insurgents to isolate the coalition partners from themselves and from Iraqis, the Coalition remains resolute.
As far as absolute numbers the General could not be precise, the feeling is that there were approximately 4,000 core members of the Baathist party remaining. Terrorist groups accounted for another 100 members and foreign nationals accounted for between 100 and 1,000 members.
A tremendous discussion occurred about the unavailability of equipment for the Iraqi police force, particularly communications equipment, weapons and vehicles. Additional discussion with member of the USAID group shed some light on this problem.
There will be a facility on our trip tomorrow.
We did have one final meeting with Mr. Abdullah al Roumi and several of his associates. Again there were multiple stories of the sacrifices made by Kuwaiti citizens during the Iraqi occupation in 1990 and 1991.
All in all this was a very profitable informative day. Clearly one could spend a good deal more time in this country evaluating the status of the reconstruction. I was disappointed that we could not return to the hospital I had seen the end of August, but there may be an opportunity to visit a health care facility on our trip tomorrow.
Later that same afternoon we took to a site visit to the electrical plant in Baghdad which was undergoing renovation. This plant was seriously damaged in the 1991 Gulf War as well as during the Iran-Iraq war. Interestingly, there was no structural damage and during the recent military activity but the plant remains operating at only 25% of capacity. This is the result of the significant degradation of the machinery over the past 20 years. Virtually no maintenance had been performed during that time. Currently, one turbine was operational and three were in significant stages of disassembly attempting to bring them up to normal operating standards.
This was followed by a visit to the troops stationed at Baghdad Airport, the first armored division which is now being replaced by the first cavalry. We have on our schedule to visit tomorrow.
Later, we had dinner with the troops and had a good chance to hear their concerns as well as thank them for their service and relate to them help round everyone at home was of them. It was a significant amount of socialization and camaraderie, and the soldiers expressed great appreciation for our visit. Obviously we had returned the appreciation in admiration which we had for our troops.
After asking them to remain safe, we returned to the departure area of the Baghdad Airport. We returned to Kuwait City aboard the C-130. As it was now quite late, our takeoff was accomplished in darkness. I had the privilege is sitting in the cockpit with the crew as we made our exit from Baghdad.
From the cockpit, it was clear that the establishment of electrical power to the city was progressing well. The city was well lit as we left the Airport, quite a contrast from the darkened landscape that I saw six months ago on a similar flight. There is always concerned for ground fire when taking off from the Airport, but the crew did an excellent job and our return was without incident.
DAY ONE: Burgess Memoirs from Kuwait
Posted by Michelle Stein on February 16, 2004
Codel Davis 16 Feb 2004
This morning we arrived in Kuwait at 9 a.m. local time (this would have corresponded to 2 a.m. in Washington DC). All in all a long, but uneventful flight.
A stopover in Shannon, Ireland got us in contact with about 200 servicemen who were returning to Fort Dix from Kosovo. Their deployment had been for eight months, and they were happy to be returning home. This underscored the fact that, while we were traveling to the Middle East, there were in fact other deployments around the world which also occupied our military.
We also stopped for fuel in Sicily, around midnight local time. The warm Mediterranean breezes and humid night air made me promise myself that a return to this area was indeed justified.
Because of a significant amount of jet lag, the schedule was somewhat short today. After checking into the hotel we didn't take eight-hour trip to Camp Doha. This will be the site of the largest troop movement since the Second World War. From now until and of May, approximately 250,000 soldiers will pass through this camp either leaving the theater or arriving in country. Clearly very demanding logistics and staging will occupy the command at this post for the several months to come.
We were given a briefing this afternoon by General David McKienan of the Third Army. This was given in a secure room at the Centcom Headquarters at Camp Doha. General Mckienan stressed the importance of interconnectivity of all of the command and control functions at his headquarters. A rather impressive roomful of computers, maps and specialists brought the General minute-by-minute account of what was happening throughout the entire theater. Since one of his main functions is to coordinate the supplies moving to the various posts throughout Iraq, it is imperative that this type of the information be immediately available.
The General did stress that although his location is the country of Kuwait, they are still clearly in an active combat zone. While there have been no actual incidents inside the camp itself, there have been altercations at the checkpoints leading into the camp.
He went on to further outlined that every terrorist group has some type of representation within the country of Kuwait.
His current location is 460 mi. to the city of Baghdad, and over 800 trucks each day leave his location to carry supplies northward. Because of activities by insurgents along the route, force protection is a necessary and significant part of his operation.
When questioned about troop morale the General, without hesitation, stated that it was excellent. Areas of concern involve the length of the rotation the soldiers currently are experiencing. Because of the longer rotations retention may be an issue in the future and he encouraged us as members of Congress to keep this fact in mind when dealing with issues such as troop pay and benefits.
This evening we met with members of the Kuwaiti diplomatic corps and various representatives of business industries in this country.
In Kuwait, the United States has a special relationship because of the leading role the US had in liberating Kuwait after it was attacked and occupied by Iraq in 1991. When the United States needed assistance with the planned military activity in Iraq last year, the country of Kuwait provided almost 40% of its surface area for staging the deployment into Iraq. The United States has had the use of one-half of the Kuwait airport for the past year and a half.
Most people in Kuwait with whom I have spoken are quite emphatic about their support for the United States. Many Kuwaitis were arrested, imprisoned, murdered or simply disappeared during the Iraq occupation in 1991.
Tonight at dinner, I had a long conversation with Mr. Abdullah Al-Roumi, who is the director of the Kuwait oil-tanker Company. During the occupation, he fled across the desert with a Bedouin guide and eventually safely made it into the country of Saudi Arabia. More than once he was confronted by occupying Iraqis and threatened with death, and for reasons that Mr. Al-Roumi attributes to divine intervention, his life was spared. He did make it into the country of Saudi Arabia and returned to his home after the Iraqi occupation ended.
Because of the lateness of the hour and a significant amount of jet lag, the evening concluded with a promise that we would try to meet with Abdullah again tomorrow after our plane returns from Baghdad. Certainly his story was very compelling and he likely will be a rich resource for at least anecdotal information about the previous Iraqi occupation. While he acknowledged that the price America is paying for the current military activity as far as dollars and lives, he is convinced the action that we took was absolutely necessary because of the proven aggressive and criminal intent of the previous leaders of Iraq.
Extension of Remarks on UNT's 50th Anniversary of Desegregation
Posted by Michelle Stein on February 13, 2004
Dr. Burgess. Mr. Speaker, I rise today to congratulate the University of North Texas for celebrating 50 years of desegregation on their campus. In the summer of 1954 The University of North Texas accepted doctoral student A. Tennyson Miller as the first African-American student admitted into the university.
Since 1954 African-America students have been scholars, athletes, both homecoming kings and queens, and most importantly leaders. They have shaped and molded the identity and character of the University of North Texas. The excellence of UNT today is directly linked to the diversity of its students.
The year of 1954 was a turning point for civil rights and in particular, for the African-American community. Literally, the doors of opportunity began to open up in America's history. The landmark Supreme Court decision of Brown v. Board of Education sent public institutions in an uproar when it aimed to desegregate public schools.
Within this tumultuous and controversial time, of the beginning of the Civil Rights Movement in the 1950s, the University of North Texas took a giant step forward by opening its doors to African-American students. And it is only appropriate, that during February, Black History Month, that UNT celebrates their own turning point in history with the 50 Years of Progress and Opportunity, 1954-2004 culminating in a celebration on Saturday, February 14, 2004.
In 2004, the UNT is commemorating its desegregation as well as the incredible progress made in during those 50 years. I congratulate the African-Americans who overcame barriers to pave the way for others at the University of North Texas. I also applaud the university's former and current African-American students, faculty and staff for their continued dedication to the Mean Green of UNT.
For more information on this event visit the following website:
University of North Texas' 50th Anniversary of Desegregation"
Burgess Returns to the Middle East
Posted by Michelle Stein on February 11, 2004
WASHINGTON, DC – In conjunction with the House Government Reform Committee, Congressman Michael C. Burgess, M.D. (TX-26) will be part of a bipartisan, congressional delegation to the Middle East during the week of February 15, 2004.
Congressman Michael Burgess went to the Middle East last summer to see first-hand the progress made by coalition forces. On his return mission, Congressman Burgess will assess current infrastructure improvements in and around Iraq and other countries.
For updated information from Congressman Burgess, please go on to our website at www.house.gov where we will have regular reports on his mission.
H.R. 743 - Social Security Protection Act of 2003
Posted by on February 11, 2004
H.R.743
Burgess voted Nay
Title:To amend the Social Security Act and the Internal Revenue Code of 1986 to provide additional safeguards for Social Security and Supplemental Security Income beneficiaries with representative payees, to enhance program protections, and for other purposes.
Sponsor: Rep Shaw, E. Clay, Jr. [FL-22] (introduced 2/12/2003) Cosponsors: 31
Committees: House Ways and Means; Senate Finance
House Reports: 108-46; Senate Reports: 108-176
Related Bills: H.RES.168, H.RES.520, S.439
Latest Major Action: 2/11/2004 Cleared for White House.
SUMMARY AS OF:
12/9/2003--Passed Senate, amended. (There are 4 other summaries)
Social Security Protection Act of 2003 - Title I: Protection of Beneficiaries - Subtitle A: Representative Payees - (Sec. 101) Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI), VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to direct the Commissioner of Social Security to fully reimburse Social Security beneficiaries for any part of their title II, VIII, or XVI benefits that was misused by a representative payee that is either: (1) not an individual (that is, an organization); or (2) an individual serving 15 or more beneficiaries during any month. Defines misuse of benefits as occurring when a representative payee receives payment for the use and benefit of another person or of another qualified individual and uses any part of it other than for the use and benefit of such person or individual. Excludes reissued benefits from an individual's resources.
(Sec. 102) Requires non-governmental representative payees to certify annually that they are bonded and State-licensed.
Directs the Commissioner to: (1) provide for the periodic onsite review of certain representative payees; and (2) report to Congress on the number of cases in which a representative payee was changed and the number of times in which a misuse of funds was discovered.
(Sec. 103) Prohibits a prospective representative payee from receiving anyone's title II, VIII, or XVI benefit if the prospective representative payee: (1) has been convicted of any offense under Federal or State law resulting in imprisonment for more than one year (unless the Commissioner deems such payment would be appropriate notwithstanding such conviction); or (2) is a person fleeing prosecution, custody, or confinement for a felony. Forbids a fugitive felon from serving as a representative payee. Directs the Commissioner to assist law enforcement officials in apprehending such persons by providing them with the address, Social Security number, photograph, and other identifying information upon request.
Directs the Commissioner to evaluate and report to specified congressional committees on whether the existing procedures and reviews for the qualification and disqualification of representative payees are sufficient to guard against misuse of benefits.
(Sec. 104) Prohibits a representative payee from collecting a fee for services under titles II and XVI for any month if the Commissioner or a court of competent jurisdiction determines that the representative payee has misused any amount of a benefit for such month. Declares that any amount so collected by a representative payee shall be counted as a misused part of the benefit.
(Sec. 105) Provides that a representative payee that is not a Federal, State, or local government agency will be held liable for misuse of funds collected under titles II, VIII, and XVI, and that any misused amount recovered by the Commissioner shall be refunded to the beneficiary or the alternative representative payee.
(Sec. 106) Permits the Commissioner to require a representative payee to receive payments at the local Social Security field office if the payee has failed to furnish an annual report or a report requested by the Commissioner.
(Sec. 107) Provides certain additional funds to the Inspector General of the Social Security Administration to conduct a statistically significant survey to determine how payments made to individuals, organizations, and State or local government agencies that are representative payees for benefits paid under SSA title II or XVI are being managed and used on behalf of the beneficiaries for whom such benefits are paid.
Subtitle B: Enforcement - (Sec. 111) Provides that each misuse of benefits under titles II, VIII, and XVI by a representative payee shall be punishable by a civil penalty of up to $5,000, as well as an assessment of up to twice the value of any misused payments.
Title II: Program Protections - (Sec. 201) Amends SSA title XI to provide for the imposition of civil monetary penalties, assessments, and sanctions for the failure to come forward and notify the Social Security Administration of changed circumstances that affect eligibility or benefit amount when the person knows, or should know, that the failure to come forward is misleading.
(Sec. 202) Directs the Commissioner, until a centralized computer file recording the date of information submission is in place, to issue a receipt to the beneficiary or representative each time such individual submits documentation or reports to the Commissioner on a change in status.
(Sec. 203) Amends SSA title II to deny OASDI benefits to any individual fleeing prosecution or confinement after conviction of an act or attempted act that constitutes a felony, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding one year regardless of the actual sentence imposed. (Currently the Commissioner may deny fugitive felons SSI benefits.) Prohibits benefits also for those violating probation or parole under Federal or State law. Allows the Commissioner to pay such withheld OASDI benefits for good cause shown if the offense or probation or parole violation was nonviolent and not drug-related. Requires the Commissioner to do so in the event of an acquittal, dismissal of charges, vacating of an arrest warrant, or erroneous implication in connection with the criminal offense by reason of identity fraud.
Requires the Commissioner to furnish any law enforcement officer with personal information about any beneficiary, upon request, if: (1) the beneficiary is fleeing prosecution or confinement, or violating a condition of probation or parole; and (2) the location or apprehension of the beneficiary is within the officer's official duties.
(Sec. 204) Amends SSA title XI to prohibit anyone from offering for a fee information provided free of charge by the Social Security Administration unless such individual makes clear that the information is available free of charge and complies with standards prescribed by the Commissioner regarding placement, visibility, and legibility of such notice. Specifies that such restriction does not apply to offers to serve as a claimant representative or to help prepare an individual's plan for achieving self-support.
(Sec. 205) Amends SSA title II to permit the Commissioner to: (1) refuse to recognize as a representative payee, or to disqualify as a representative payee already recognized, any attorney who has been disbarred or suspended from any court or bar, or who has been disqualified from participating in or appearing before any Federal program or agency; and (2) refuse to recognize, or to disqualify, as a non-attorney representative any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice. Declares that a representative payee disqualified or suspended for collecting or receiving a fee in excess of the authorized amount: (1) shall be barred from serving again until full restitution to the claimant is made; and (2) may then be considered for reinstatement only under rules prescribed by the Commissioner.
(Sec. 206) Amends SSA title XI to establish a criminal penalty of a fine of up to $5,000 and a prison sentence of up to three years for using force or attempting to use force to obstruct or impede any SSA officer, employee, or contractor while carrying out their official activities. Makes the penalties for a mere threat of force a maximum fine of $3,000 and a prison sentence of up to one year.
(Sec. 207) Adds specified terms to the prohibition on misuse of symbols, emblems, or names in reference to Social Security and Medicare.
(Sec. 208) Amends SSA title II to provide for disqualification from payment of any disability benefit upon conviction by a Federal court that an individual has fraudulently concealed work activity during a period of trial work.
(Sec. 209) Authorizes judicial orders of restitution to: (1) individuals who suffer financial loss; or (2) the Commissioner for making a benefit payment that should not have been made. Requires deposit of funds paid to the Commissioner as restitution pursuant to a court order in the Federal Old-Age, and Survivors Insurance Trust Fund, or the Federal Disability Insurance Trust Fund, as appropriate.
Prescribes a different procedure in the case of funds paid to the Commissioner with respect to an individual suffering a financial loss because of the defendant representative payee's violation of prohibitions against making false statements or representations in any application for disability benefits or of any other applicable violations. Requires the Commissioner, in such a case, to certify for payment to the victimized individual the lesser of the amount of funds paid to the Commissioner as restitution or the individual's outstanding financial loss, minus the amount of any overpayments of benefits owed by the individual.
(Sec. 210) Amends SSA title XI to permit the Commissioner to recover overpayments paid under SSA titles II, VIII, or XVI from the benefits paid under any of these programs.
(Sec. 211) Amends SSA title II to prohibit the payment of SSA title II benefits to persons not authorized to work in the United States.
Title III: Attorney Representative Fee Payment System Improvements - (Sec. 301) Amends SSA title II to set a cap of the greater of $75 or a certain adjusted amount on the assessment owed by attorney representatives upon receiving payments for past-due OASDI benefits.
(Sec. 302) Amends SSA title XVI to provide for a temporary extension of the attorney fee payment system to SSA title XVI claims.
(Sec. 303) Directs the Commissioner to develop and carry out a nationwide demonstration project with respect to agents and other persons, other than attorneys, who represent claimants under SSA titles II and XVI before the Commissioner.
(Sec. 304) Directs the Comptroller General to evaluate and report to Congress on the appointment and payment of claimant representatives appearing before the Commissioner in connection with benefit claims under SSA titles II and XVI.
Title IV: Miscellaneous and Technical Amendments - Subtitle A: Amendments Relating to the Ticket to Work and Work Incentives Improvement Act of 1999 - (Sec. 401) Terminates on December 18, 2005, the authority for the Commissioner to initiate demonstration projects with respect to alternative methods of treating the work activity of individuals entitled to disability insurance benefits.
(Sec. 402) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to authorize the Commissioner to waive certain Ticket to Work and Self-Sufficiency Program requirements with respect to certain title II demonstration projects providing for reductions in disability benefits based on earnings.
(Sec. 403) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to revise funding of such demonstration projects.
(Sec. 404) Amends SSA title XI to extend the definition of disabled beneficiary for the Federal Work Incentives outreach program and State grants for work incentives assistance to individuals who: (1) are blind or disabled and receiving SSI payments; (2) receive a State Supplementary payment; or (3) are in an extended period of Medicare eligibility under title VIII after a period of title II disability has ended.
Permits services under State grants for work incentives assistance to disabled beneficiaries to include advocacy or other necessary services to maintain gainful employment in addition to those for securing or regaining such employment.
(Sec. 405) Declares that an individual work plan established under the Act shall be treated under the Internal Revenue Code as an individualized written plan for employment under a State plan for vocational rehabilitation services approved under the Rehabilitation Act of 1973. (Thus provides that employers who hire disabled workers through a referral by employment networks under the Ticket to Work program also qualify for the Work Opportunity Tax Credit.)
(Sec. 406) Directs the Comptroller General to report to Congress on the Ticket to Work and Self-Sufficiency Program that: (1) examines the annual and interim reports issued by States, the Ticket to Work and Work Incentives Advisory Panel, and the Commissioner of Social Security regarding such program; (2) assesses the effectiveness of the activities carried out under such program; and (3) recommends such legislative or administrative changes as the Comptroller General determines are appropriate to improve the effectiveness of such program.
(Sec. 407) Amends SSA title XI to reauthorize and extend through FY 2009 the work incentives outreach program and the program of State grants for work incentives assistance to disabled beneficiaries.
Subtitle B: Miscellaneous Amendments - (Sec. 411) Amends SSA title II to eliminate the obligation for the Social Security Administration to file a transcript with the court when it makes a remand decision fully favorable to a claimant.
(Sec. 412) Requires the Social Security Administration to prohibit the payment of Social Security benefits to beneficiaries who are removed from the United States, pursuant to a removal notice from the Attorney General or the Secretary of Homeland Security, for smuggling aliens.
(Sec. 413) Amends the Federal Reports Elimination and Sunset Act of 1995 to reinstate requirements for certain reports eliminated by such Act, including the annual reports of the Board of Trustees on the OASDI, Hospital Insurance, and Supplementary Medical Insurance trust funds, continuing disability reviews, and disability determinations.
(Sec. 414) Amends SSA title II to create an exception to the nine-month marriage requirement for survivor benefits under the Act to treat as an eligible widow or widower the spouse of a deceased man or woman whom the deceased spouse would have married earlier but for the fact that a prior spouse's institutionalization for mental incompetence or similar incapacity made a divorce illegal.
(Sec. 416) Extends to Kentucky and Louisana the authority to operate a divided retirement system.
(Sec. 417) Amends SSA title VII to declare that members of the Social Security Advisory Board shall be compensated at the rate of pay for level IV of the Executive Schedule.
(Sec. 418) Amends SSA title II with respect to State and local government employees covered by a public pension who subsequently elect coverage under Social Security pursuant to a voluntary agreement between the State and the Commissioner. Requires such employees to be covered by Social Security for at least the last five years of their government employment in order to be exempt from the Government pension offset requirement.
(Sec. 419) Amends SSA title XI to: (1) provide for the inclusion of noncovered employees as eligible individuals entitled to Social Security account statements; (2) require the Social Security Administration to include in the account statement to noncovered employees an explanation of the maximum potential benefit reductions that may result from the receipt of a Federal, State, or local government pension based on employment that is not subject to Social Security payroll taxes; and (3) require government employers to notify newly hired noncovered employees of the maximum effect of noncovered work on their Social Security benefits.
(Sec. 420) Directs the Secretary of the Treasury to transfer from the general funds of the Treasury to the Social Security and Medicare Hospital Insurance trust funds the remaining balanced owed for deemed wage credits for persons with certain military service (eliminated by the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Reponse to Terrorist Attacks on the United States, 2002).
Repeals the authority for annual appropriations and related adjustments to compensate the Social Security Trust Fund for such military wage credits.
(Sec. 420A) Allows re-entitlement to childhood disability benefits after the seven year period if the beneficiary's previous entitlement had terminated because disability ceased owing to the performance of substantial gainful activity.
Subtitle C: Technical Amendments - (Sec. 421) Amends SSA title XI to make the Commissioner, instead of the Secretary of Health and Human Services, responsible for sending periodic Social Security statements to individuals.
(Sec. 422) Makes technical amendments with respect to: (1) retirement benefits of ministers; (2) domestic employment; and (3) self-employment income in a community property State; and (4) the Railroad Retirement and Survivors' Improvement Act of 2001.
Subtitle D: Amendments Related to Title XVI - (Sec. 430) Amends SSA title XVI to: (1) change the calculation of infrequent and irregular income from a monthly to a quarterly basis to allow individuals to exclude $60 per quarter of unearned income and $30 per quarter of earned income that is received irregulary and infrequently; and (2) exclude from the determination of an individual's income all interest and dividend income earned on countable resources.
(Sec. 431) Increases from six to nine months and makes uniform the time period for excluding from resources amounts attributable to payments of past-due Social Security and SSI benefits, earned income tax credit payments, and child tax credit payments.
(Sec. 432) Permits the student earned income exclusion to apply to any individual under age 22 who is a student.
(Sec. 433) Requires that, in the transition to retrospective monthly accounting during the first three months of an individual's SSI eligibility, any nonrecurring income be counted only for the first month of any eligibility period in which that the income is received, and not for any other month. Provides that payments in varying amounts from the same or similar source for the same or similar purpose shall not be considered to be nonrecurring.
(Sec. 434) Extends the current law eligibility for SSI for blind and disabled children of military personnel overseas to blind and disabled children of military personnel who were born overseas, who became blind or disabled while overseas, or who first applied for SSI benefits overseas.
(Sec. 435) Excludes: (1) from the determination of income any gift to an individual for use in paying tuition or other education-related fees; and (2) from an individual's countable resources for nine months after the month of receipt any grant, scholarship, fellowship, or gift used to pay the cost of tuition and fees at any educational institution.
(Sec. 436) Provides for the treatment of military pay as received in the month in which it was earned.
H.R. 3783 - Surface Transportation Extension Act of 2004
Posted by on February 11, 2004
H.R.3783
Burgess voted Aye
Title: To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century.
Sponsor: Rep Young, Don [AK] (introduced 2/10/2004) Cosponsors: (none)
Committees: House Transportation and Infrastructure; House Ways and Means; House Resources; House Science
Latest Major Action: 2/12/2004 Received in the Senate.
Burgess Addresses National Black HIV/AIDS Awareness and Information Day
Posted by Michelle Stein on February 7, 2004
Today, Saturday, February 7, 2004, is National Black HIV/AIDS Awareness and Information Day. The day is designed to reflect on the devastating impact HIV/AIDS continues to have on the African-American community and renew the commitment to education, prevention and treatment of this disease.
“As a doctor, I know the difficulties families have when a loved one suffers from HIV or AIDS,” stated Congressman Michael C. Burgess, (TX-26). “The more people become aware of the risks-associated with HIV/AIDS, the closer we come to ending it.”
By the end of 2002, an estimated 185,080 African-Americans had died from AIDS. This number accounts for 37 percent of all AIDS related deaths. Although African-Americans account for only 12 percent of the U.S. population, more than 50 percent of all AIDS cases in 2002 in the U.S. were among African Americans.
On February 7, 2004, get tested and get educated on HIV/AIDS.
Burgess Introduces Amendment in Science Committee
Posted by Michelle Stein on February 4, 2004
Toady, Congressman Michael C. Burgess, M.D. (TX-26) proposed an amendment before the House Committee on Science concerning the Road Weather Research and Development Program. As a member of both the House Science Committee and the House Transportation and Infrastructure Committee, Congressman Burgess believes introducing this amendment is essential to the safety of millions of Americans everyday.
Congressman Michael Burgess’ amendment would establish a National Road Weather Research Development Program. Although similar programs are in place, there is no federal program. This national program will maximize the use of current, available road weather information and technologies to enhance roadway safety, capacity and efficiency while minimizing environmental impacts.
“Most Americans love their cars,” stated Congressman Michael Burgess. “And most Americans watch their local weather stations to hear about conditions out on-the-road. By establishing this program, we can integrate our technologies and communication efforts to provide drivers, across the country, with the most accurate and up-to-date information about the roads they will be traveling.”
The Road Weather Research and Development Program improves education and training of road weather information users such as state and local transportation officials and private sector transportation contractors. After enhancing the national road weather program, efforts will be made to have this same program developed in other modes such as aviation.
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