Local Railroad Rehabilitation and Investment Act of 2003
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Referred to the House Committee on Ways and Means.
February 25, 2003
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Introduced in House
February 25, 2003
Referred to the House Committee on Ways and Means.
February 25, 2003
Floor Debate
23 membersWhat members said about H.R. 876 on the floor
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Floor Debate
23 membersWhat members said about H.R. 876 on the floor
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 830 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 830 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
(Mr. REYNOLDS asked and was given permission to revise and extend his remarks.)
Mr. Speaker, House Resolution 830 is a standard rule that provides for consideration of the conference report to accompany H.R. 4520, the American Jobs Creation Act of 2004.
The rule waives all points of order against the conference report and against its consideration. The rule also provides that the conference report will be considered as read.
Mr. Speaker, over the past several years, America's economy has experienced more than its fair share of setbacks. We have had a triple shock of terrorist attacks, corporate scandals and a recession, but each and every time, this administration and this Congress has responded with sound policies to move forward, to create jobs, to stimulate economic growth.
After inheriting a slowing economy, President Bush and this Congress reacted quickly and enacted a series of tax cuts that resulted in the shortest and shallowest recession in this Nation's history. We have been resolute in our work towards recovery, and today, real GDP has grown at its fastest rate in 20 years.
More than 1.7 million jobs have been created, and more Americans are working today than in any other time in our history. The unemployment rate is below the average levels in each of the past three decades. In the past 4 years, we have seen the fastest rate of growth in productivity in more than a half a century. Homeownership continues at an all-time high.
In the particularly hard-hit manufacturing sector, we have seen 17 straight months of growth in activity, and the manufacturing employment index has been growing for 11 consecutive months. When President Bush took office, manufacturing employment had been on the decline for 3 years. In fact, more than 200,000 manufacturing jobs were lost in the last 6 months of the Clinton administration. So far this year, manufacturing employment is up by more than 107,000 jobs. We have seen the addition of 22,000 manufacturing jobs last month alone, and manufacturing output is at an all-time high.
But our work is not done until every American who wants a job can find one, and that is why, Mr. Speaker, I am proud to be here today on behalf of the American Jobs Creation Act by supporting this rule and the underlying conference report.
Now is the time to seize on the momentum that we have created and continue to enact policies that spur economic growth, generate jobs, bolster domestic manufacturing and protect small businesses and farmers.
As my colleagues know, European Union sanctions on American exports are costing our manufacturers and farmers billions of dollars. Tariffs currently stand at 12 percent and will continue to increase 1 percent per month until the FSC/ETI is repealed. That, Mr. Speaker, threatens the ability of our domestic companies to create jobs right here at home.
EU sanctions are increasing the price of 1,600 categories of U.S. goods sold outside of the United States. They are hindering the exporting capability of multiple industries.
Today, we have the power to stop them. Without our action, many small businesses and other employers face financial ruin, while their employees face their own job losses.
By repealing the FSC/ETI through the underlying conference report, this Congress will finally put an end to these staggering sanctions and help, once again, to put Americans to work.
This conference report permanently reduces the corporate tax rate to 32 percent for domestic, and only domestic, manufacturers, producers, farmers and small corporations. This is yet another stimulant for job growth, encouraging production and manufacturing here at home, giving employers incentives to reinvest, expand and, more importantly, create new jobs in the United States.
Mr. Speaker, the underlying report also addresses the primary obstacle in realizing even bigger job growth, the double taxation for U.S.-based manufacturers. Our global competitors enjoy a considerable advantage over the United States simply due to the burdensome U.S. tax code. In reducing this double taxation faced by U.S.-based companies, we greatly enhance their competitiveness in the global market and their ability to sell American-made goods, all the while making it easier for them to create more jobs here in the United States.
Mr. Speaker, another important part of H.R. 4520 is its relief for millions of small businesses and farmers from the alternative minimum tax. Over the years, that tax has unintentionally ensnared more and more middle-income Americans. With the passage of the underlying report today, this House will deliver much-needed relief for millions of American farmers and small businessmen.
We will end the double and triple taxation of farmer cooperatives, and we will provide capital gains tax relief when livestock is sold and replaced on account of drought and other weather-related disasters.
The conference report also makes it cheaper for existing businesses to increase their investment and for entrepreneurs to expense new ventures.
Provisions to promote investment in new equipment are extended for an additional 2 years. This increased investment opportunity provides significant stimulus to the economy, and further aids in boosting job growth.
Partnerships and S corporations also receive a reduction for domestic production activities under the conference report. A whole host of reforms are included which provide S corporations with $1.2 billion in tax relief.
In total, the conference report gives manufacturing companies, farms and small businesses $76.5 billion in stimulative tax relief through a reduction for income attributable to production activities here in the United States. This relief will help keep individuals from sending exorbitant amounts of their hard-earned money to Uncle Sam and use it instead to create new jobs and new opportunities.
Mr. Speaker, our colleagues have worked tirelessly on behalf of the American people throughout this process. I would like to especially commend the Chairman and the conference committee members for their steadfast support of sound tax policy and job creation.
We have the opportunity and the responsibility to not only continue but also accelerate the last year of economic growth and job creation. We can do that today by passing the American Jobs Creation Act of 2004.
I urge my colleagues to support the rule and the underlying conference report.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I was listening to the gentleman from Massachusetts. He said draw a line in the sand. I am willing to bet, by the time we complete our vote on the bill, the underlying legislation, it is going to be quicksand, because I think it will have bipartisan support not only in this body but the other body.
I guess it is okay to come on the floor and see just a half or a quarter of what the legislation does, but you cannot write history over again. The fact
is, earlier the gentleman from Massachusetts and I had the opportunity to bring back to the floor from the Committee on Rules a same-day resolution. It was passed by this honorable body and we are now having the underlying legislation brought down, the conference report, to be considered here.
So the will of the House was done today by a vote which allowed the bringing of this bill to the floor. It seems that this is a similar situation to a discussion we had earlier on the rule on this same-day legislation, and that was in reference to the Crane-Rangel legislation. I just must remind us again for the record in the rules debate we are now having that while my colleagues continue to talk about Crane- Rangel, many of the provisions that were in the legislation offered by the gentleman from Illinois (Mr. Crane) are incorporated in the parts of this bill in the conference report. I also note that the gentleman from Illinois (Mr. Crane) has signed this conference report as a conferee.
Mr. Speaker, I also want to remind my colleagues that it has bipartisan support, as the conferees deliberated on only those things that were in the House bill or in the other body's bill as a final product of the conference report. The minority leader of the other body has signed this as a conferee.
And there is good reason why it has bipartisan support. But before we discuss that, we might look back at the reality of what the chairman of the Committee on Ways and Means said earlier today in the previous rule which helped to bring this one to the floor. He said in order to have bipartisanship, it goes two ways. Sometimes we lose track of that, as it was extended by the chairman of the Senate Committee on Finance version, of having amendments offered from the conferees and then considered, as is done in the Senate Committee on Finance.
Before we conclude on what is in the bill through the eyes of my colleague from Massachusetts, let us be reminded that this legislation addresses help for exporters, where the European Union has imposed a penalty tariff of 12 percent on more than 1,600 categories of U.S. exports. And unless the U.S. Congress acts, the European Union will continue to increase that penalty tariff by 1 percent every single month until it reaches 17 percent.
Mr. Speaker, that affects Wisconsin's cheese, Florida's oranges, California's lemons and limes and other farm products which are subject to that penalty tariff; and U.S. manufacturers of jewelry and steel and tools, glass, toys, and clothing, and other products subject to the penalty tariff.
I keep hearing, Mr. Speaker, we have a plan for the middle class. Well, when I look at small business, that is middle class, on Main Street USA. This bill extends and enhances section 179 expensing for 2 additional years, so small businesses can write off the costs of their investments up to $100,000 annually. Partnerships and S corporations receive a deduction for domestic production activities. It offers S corporations ten reforms providing $1.2 billion in tax relief, and it provides for faster depreciation of leasehold and restaurant improvements on those mom-and-pop shops all through USA Main Street.
When we look at our farmers, Mr. Speaker, the impact of what has been done in this bill on the deduction for domestic production activities extended to farmers as well as to agriculture and horticulture cooperatives, it deals with AMT relief for farmers and fisherman who income average. It extends an ethanol subsidy for those under current law through 2010, thus improving farmers' incomes. It ends double and triple taxation of farmer cooperatives. It provides capital gains tax relief when livestock is sold and replaced on account of drought or other weather-related disasters. It extends capital gains treatment on outright sales of timber.
Mr. Speaker, on domestic manufacturers, the bill provides companies, farms, and small business with $76.5 billion, that is with a ``B,'' $76.5 billion in stimulative tax relief through a deduction for income tax attributed to production activities in the United States. More tax relief is provided for businesses with proportionately more U.S. production operations. The deduction is available for domestic production activities only, and the deduction is limited to 50 percent of the wages paid to workers in America. The bill does not move jobs overseas.
And for those who do not have income tax, something that I live with in New York, Mr. Speaker, H.R. 4520 allows taxpayers, especially those in Nevada, Wyoming, the State of Washington, South Dakota, Texas, Alaska and Florida, to deduct their sales taxes because they do not pay income tax.
And ending the tobacco quotas, I have seen tobacco States where it is clear that the message of opportunity of offering tobacco farmers, including those in Florida, Georgia, South Carolina, North Carolina, Tennessee, and Kentucky, a fair buy-out to end the quota system.
Mr. Speaker, this is a tremendous opportunity for middle America to get a tax break and to continue stimulating our economy.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Tennessee (Mrs. Blackburn).
Mr. Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. Harris).
Mr. Speaker, I yield myself such time as I may consume.
I listened here, and I have just got to remind people that it is very clear this resolution is revenue-neutral, so it is not going to impact the deficit. Second, I listened to my colleague from New Jersey as he talked about jobs overseas and everybody getting a benefit, and I have just got to remind, again for the record, although we put it on in the previous rule, that nothing in this bill moves jobs overseas. More tax relief is provided for businesses with proportionately more U.S. operations. The deduction is available for domestic production activities only. The deduction is limited to 50 percent of the wages paid to workers in America. Income attributable to outsourcing does not benefit. Overseas operations of multinationals does not benefit. New taxes are imposed on expatriated entities.
The international tax reforms in the bill would not lead to the movement of jobs overseas, as many Democrats claim. In fact, these provisions would reduce double taxation on companies, thus encouraging them to keep their headquarters in the United States.
This conference report has bipartisan support, including the minority leader of the other body.
Mr. Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. Camp), who is an expert on the Committee on Ways and Means.
Mr. Speaker, I yield myself such time as I may consume.
I do not know about everyone, but I know that a number of my colleagues on both sides of the aisle, the fact that H.R. 4520 allows taxpayers, especially those in Nevada, Wyoming, the State of Washington, South Dakota, Texas, Alaska, and Florida, to deduct their sales taxes is one that just brings about an opportunity for everyone no matter what their tax bracket is at. But let us not forget, while we kind of rant and rave about all the different aspects of domestic companies that will see taxes decrease, this thing is targeted right into middle America, whether it is on Main Street, USA, or in the fields of America or in those manufacturing plants of our communities, because this is about taking care of small business, our farmers, and small manufacturing.
Mr. Speaker, I yield 2 minutes to the gentleman from Tennessee (Mr. Wamp).
Mr. Speaker, I yield myself such time as I may consume.
I need to help the gentleman from California understand, particularly for his State, as I understand this legislation, it is designed for States like California and New York that have income tax, that they can deduct either the sales tax or the income tax, depending on how the taxpayer may choose which one they want to make for the deduction.
The States that I previously read that do not have an income tax, it allows them to use a sales tax deduction as an opportunity to participate. So let us not lose sight that the taxpayer has an individual option. So I believe that, helping the gentleman who was the previous speaker from California understand that, it is a more correct provision of what we outlined.
I also want to remind my colleagues that I believe, as he talked about giveaways and some of the other things, the motion picture industry, which hales greatly from his State and much less from our's, to the dissatisfaction of my colleague the gentleman from New York (Mr. Rangel) and me, is the fact there are three tax provisions inside this bill that assist the motion picture industry. If he considers those assistance, I do not find how he can take some of the other parts for corporations and call them giveaways. Each would look at what those provisions might mean in their respective categories.
Let us not lose sight that this goes right after taking care of middle-class America, with helping our small businesses, helping our farmers, helping our small manufacturers, and making sure it all is accountable to domestic production and opportunity.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I read this in the Record so many times I can almost do it from memory, but I cannot allow the beating up of this legislation with misnomers or false or inaccurate viewpoints in the debate.
This bill does nothing to move jobs overseas. Nothing in this bill moves jobs overseas. I want to remind my colleagues that more tax relief is provided for businesses with proportionately more U.S. operations. The deduction is available for domestic production activities only. The deduction is limited to 50 percent of the wages paid to workers in America. The income attributable to outsourcing does not benefit. Overseas operations of multinationals does not benefit. New taxes are imposed on expatriated entities.
The international tax reforms in the bill would not lead to movement of jobs overseas, as many Democrats claim. In fact, these provisions would reduce double taxation on companies, thus encouraging them to keep their headquarters in the United States.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as we close, if you vote against H.R. 4520, you are voting against exporters, small businesses, farmers, domestic manufacturers, States without an income tax and for ending tobacco quotas.
Mr. Speaker, we are here today to create jobs. Our domestic companies currently face countless disincentives to job creation, including onerous taxes, over-regulation, high energy costs, frivolous litigation and spiraling health care costs. For manufacturers and small businesses and farmers that are the entrepreneurial backbone of this country, these obstacles diminish their ability to compete in the international arena.
We need to level the playing field. The underlying bill brings us closer than ever before to the equitable and competitive global marketplace that can propel our domestic industries into the 21st century.
Free markets and free enterprise are direct outgrowth of the freedoms that we hold dear. I urge my colleagues to embrace this spirit by supporting the rule and the underlying conference report.
Mr. Speaker, I yield back the balance of my time, I and move the previous question on the resolution.
The previous question was ordered.
Mr. Speaker, I want to thank my friend and colleague from New York (Mr. Reynolds) for sharing with us what is in this bill because the Members probably are still at their Web sites trying to figure…
Mr. Speaker, I want to thank my friend and colleague from New York (Mr. Reynolds) for sharing with us what is in this bill because the Members probably are still at their Web sites trying to figure it out.
The reason we are here right now is not to go into the substance of the bill but for me and others to try to encourage the leadership to kill this bill and do this the right way. There are 650 pages to this tax bill and 650 pages explaining the tax bill. This adds another 1,200 pages to the 6,000-page IRS Code that we have here.
We know that Members are supposed to have 3 days in order to find out what is in these 1,200 pages. That is difficult enough. The problem is the Members do not have the bill. They have no bills in their offices. But our friend from New York (Mr. Reynolds) has said not to worry, the government has bought them Web sites to find out what is in the bill.
I want to say to those that may be interested in what is in the bill, since when you go home people may ask you, tune into wayside and share with Members of this august body what is in this bill we are going to vote on. We would like to have had 3 days to have looked into this. But the Republicans do not have 3 days to give us. We would have liked to have used the rules of the House, but they say we have to have martial law. I guess it has something to do with combat, but they have put martial law to the House of Representatives, denying us the opportunity to do anything but to look at the Web site.
Why are there so few Republicans and Democrats on the floor? Lack of dedication? Not wanting to understand this complex piece of legislation? No. They are at their Web sites. So, Americans, stop what you are doing now, go to waysandmeans.house.com so when we come home and share with you the good things we have brought to you, the fact that you do not have to totally rely on the Internal Revenue Service, we will have the private sector collectors helping us out. It is on the Web site. And, of course, if you are in tobacco, bully, $10 billion you get it, smoking goes up; but if you manufacture you are in a good business.
What about these charities that they ask you to give cause to? No, not in this tax bill. I do not know how to tell you to get that on waysandmeans.house.com, but it is there. But if you are into pro sports teams, if you are into race track cars being depreciated, if you are foreign, of course, and you are into horse racing and dog racing and gambling, then go to waysandmeans.house.com.
If you really want to find out what we are trying to correct, and that is the tariff and sanctions that have been put on us by the World Trade Organization, we are not certain yet whether we covered that, but when Santa Claus sees the sleigh coming, he wants to pile up on it. So the little part that this bill was supposed to take care of, we hope that they did that. But for the rest, the lobbyists that really believe that before this election they have to show their appreciation to those people who put the bill together, well, they do make out from what I understand.
I will not be able to speak too much about this. I was in the conference, and then they put the Senate piece together with the House piece. Therefore, I did not sign it because I did not know how it was all going to come together. But I said, I will wait and see what they have done. But guess what? It was not until 12:15 that they brought the 1,000 pages to my desk. So I immediately went out and I said, but it is not just for conferees, there are other Members here, there are Democrats and Republicans.
And what do they tell me? Tell them to go to waysandmeans.house.com.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, well, we have been denied the opportunity, at least the Members, to actually see what is in these 600 pages of statute and another 600 pages to explain what they mean. But, once again, I would ask Americans to go to waysandmeans.house.gov, because if the Members do not know everything that is in this bill, then maybe their lawyers would be able to tell them, because if this is what simplification is all about, we are going to have a pretty rough time filling out our taxes
Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Hoyer), the outstanding minority whip, to share his views on this complex piece of legislation. I have been advised he has been at this website all evening studying the bill.
Mr. Speaker, I yield 1 additional minute to the gentleman from Maryland, but I want to advise the gentleman that when he suggests that we read the bill, that the bill has not been distributed to the Members.
Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from Michigan (Mr. Levin), an outstanding member, a senior member of the committee.
(Mr. LEVIN asked and was given permission to revise and extend his remarks.)
Mr. Speaker, it is my great honor to yield 1 minute to the gentlewoman from California (Ms. Pelosi), our distinguished leader who has been a credit to our country and to this Congress.
Mr. Speaker, I yield myself such time as I may consume.
That was exactly what I was about to say, Mr. Speaker. They are telling us what is going on in this conference with those other people over there. What you should be telling us if this bill is so exciting for working people in America, why did you not give it to the Members to look at?
The distinguished gentleman from Oklahoma, he may not have a bill. No one else got a bill except we conferees, and I am not up to the 1,100th page yet. So all of the exciting things that you are hearing about what they finally put in the bill, I hope people go to waysandmeans.house.gov because none of the Members except the conferees have the bill. I do not know why they do not have the bill. But I suspect there are things in here that we are going to speculate that is in here and they will refer us to the problem page, wherever they are holding that bill.
Mr. Speaker, I yield 3 minutes to the gentleman from Massachusetts (Mr. Neal), a great friend and a great legislator and a senior member of the Committee on Ways and Means.
Mr. Speaker, I yield 2 minutes to the gentleman from Maryland (Mr. Cardin), a senior member of the Committee on Ways and Means.
(Mr. CARDIN asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume.
I want to join in thanking the chairman for expanding the jurisdiction of the Committee on Ways and Means so all of us could have a better understanding of these agricultural problems. Quite frankly, coming from New York, I never did understand the plight of farmers and tobacco farmers, and I do not know how far we are going to go in expanding this, but I am glad that we have a gentleman from outside of the committee to recognize and to praise the chairman, as I do.
Mr. Speaker, I would like to praise and yield 2 minutes to the gentleman from North Carolina (Mr. Etheridge) so we can further edify the Committee on Ways and Means about problems other committees of jurisdiction have.
Mr. Speaker, I yield myself such time as I may consume to just note that I now get it. If you do not have enough votes to get a tax bill passed, reach out and get some farmers.
Mr. Speaker, I yield 2 minutes to the gentleman from North Carolina (Mr. McIntyre), to further explore the problems that have been resolved for our farmers.
(Mr. McINTYRE asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume to note that I am not saying this problem should not have been fixed, I just wondered whether it should have been in a tax bill. I am certain that those that want to see other problems that were fixed can go to WaysandMeans.House.gov and they will understand why we had to fix bows and arrows, and fishing tackle boxes, and foreign made seal fans, how we had to help native whaling tribes, how we had to help foreign horse racing and dog racing gambling, how we had to help pro sports team owners, how we had to shorten the depreciation period for car race tracks.
This is really not admonishing, or, in any way, degradating the chairman, it is just we do not have the bill and we do not know what else is in there. So it is good to hear from Members that do know, because they know they promised to vote for the bill in order to get relief.
Mr. Speaker, I yield such time as she may consume to the gentlewoman from the Virgin Islands (Mrs. Christensen), whose taxpayers will be hurt seriously.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from North Carolina (Mr. Butterfield), a new but a very hardworking Member who is going to get us away from taxes and the complexity of the legislation and get back to tobacco.
Mr. Speaker, I yield myself such time as I may consume. I do not have anyone left who wants to talk about tobacco, but I wish I had known the chairman would be this flexible. I had some draft legislation that I could have possibly gotten into the conference report, but I just did not know.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Lampson), who would like to speak on a tax issue.
Mr. Speaker, I yield myself such time as I may consume.
We have taken care of sales taxes and tobacco. I do not know whether we are taking care of the Treasury, though, because they had sent a terrible letter to us indicating that they thought that this bill had too much in the way of special interest tax provisions, which benefited few taxpayers and increased the complexity of the Tax Code.
The President indicated he wanted to simplify the Code. We know the only major Republican bill we have in the House is the national retail sales tax. So maybe, once again, I can say that since the Members of the House have not had the opportunity to review this five-pound bill, that people can go to
WaysandMeans.House.gov and find out whatever else Santa Claus has brought in bringing us this gift package on the eve of an election.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
You just cannot have it both ways. You cannot say that you want our American firms to be competitive in France and all over Europe and in Central and South America. If you give them incentives to be able to do this to compete, the jobs that they would have here, these firms in order to be successful have to have some workers. And we are not going to say that we are going to give passports to every American to find a job overseas. It is the multinationals that have to be governed by where the profits are, not where the patriotism is.
So if you want to be competitive overseas, if you want them to be able to do the best vaccine in the world for flu, then you encourage them to do it overseas. But one day you will look around and you will see that all of this competition, we have taken our skilled labor jobs, things we used to be proud of, televisions, computers, cars, shoes, things that used to say ``Made in the USA.'' Now, if it is not made in the USA, I hope you are not going to give a passport or citizenship to those foreigners who are making it. I have nothing against the CEOs except I want it to be, not an equal playing field, I want to give every American manufacturer a fair advantage to have jobs here in the good old USA. I am sorry that there are other people that believe that these tax incentives are good for the United States when our jobs go overseas.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Let me thank the gentleman from Ohio, my friend and someone that has now brought us back to why we are here. From time to time people are talking about tobacco and sales tax and things like that; but as he pointed out, we are here to correct a $4 billion World Trade Organization problem that we had. If we had just taken away the
subsidy, guess what? We would have reduced the deficit by $70 billion. But we took a big different course, and so we are taking care of tobacco, and we are also taking care of a problem that some people have in their States where they do not have income taxes so they want to get equity. I have to learn how to do all of these things in case the original purpose of the bill does not have enough supporters and we want to make it bipartisan. We have to find Democrats who have real problems back home in other areas.
Mr. Speaker, for that reason, I yield 2 minutes to the gentleman from Washington (Mr. Baird) who really first brought this problem to my attention, and I wanted to make certain that it got in this bill before the Committee on Agriculture took care of it.
Mr. Speaker, I yield myself such time as I may consume.
I would like to say that she is indeed a real Member from Washington. We will miss her. I want to thank her for her support for the real FSC bill that she supported Crane-Rangel. We will miss her. We thank her for the great contribution she made to our committee and to this Congress.
Mr. Speaker, I yield to the gentlewoman from Texas (Ms. Jackson-Lee) for the purpose of making a unanimous consent request.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from Illinois (Mr. Emanuel), an outstanding Member of our party and of the House.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I thank the chairman of the Ways and Means Committee and chairman of the whole conference for having a major tax bill come to the floor, not in the middle of the night, but at least nine or ten o'clock, which is a courtesy. I only wish that he had given the Members of the House an opportunity to at least see the bill, but that is asking for too much. But, again, I want to thank him that he did get it on the Web site, and it is going to encourage a lot of Members on both sides to get more computer wise. We may not ever know what is in these tax bills; but we are learning, in the few minutes that we do have, what they do have in this tax bill.
So remember, for people who do not know what they are getting and who is getting the benefits or whether it is tax related or not, if someone wants to say ``thank you'' or they are sorry that they missed me, go to waysandmeans.house.gov.
I hope the other committees learn how to do this because I have spent 34 years here, and this seems to be a waste for us to ask what is in bills anymore since we have to go to the Web site. Or maybe we can find out how Members of the House really do not have to come down here. Just go to the Web site, ask what have they done, and if they are not a conferee, they can go to waysandmeans.house.gov.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.
Mr. Speaker, pursuant to House Resolution 830, I call up the conference report on the bill (H.R. 4520) to amend the Internal Revenue Code of 1986 to remove impediments in such Code and make our…
Mr. Speaker, pursuant to House Resolution 830, I call up the conference report on the bill (H.R. 4520) to amend the Internal Revenue Code of 1986 to remove impediments in such Code and make our manufacturing, service and high-technology businesses and workers more competitive and productive both at home and abroad, and ask for its immediate consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the U.S. economy has experienced robust growth in the past 12 months, and it can be largely attributed to the tax relief this Congress provided the American people in 2001, 2020 and 2003.
Today, we are considering H.R. 4520, the American Jobs Creation Act of 2004. We believe it will encourage further economic expansion and job creation by relieving sanctions and providing tax relief to America's job creators.
Mr. Speaker, the U.S. economy has experienced robust growth in the past 12 months--which can be largely attributed to the tax relief this Congress provided to the American people in 2001, 2002 and 2003. Today we are considering H.R. 4520, the American Jobs Creation Act of 2004, that will encourage further economic expansion and job creation by relieving sanctions providing tax relief to America's job creators.
Right now 12 percent sanctions are being levied on thousands of American products--like agriculture, steel and timber--because the World Trade Organization ruled that the FSC/ETI export subsidy is noncompliant. These sanctions are making U.S. products more expensive in overseas markets, which hurts America's competitiveness in the worldwide economy. H.R. 4520 will repeal the offending provision, bringing our tax code into compliance, thereby ending sanctions.
Repealing that provision without providing equivalent relief will amount to a tax increase on American businesses. To encourage further growth in the U.S. economy, the American Jobs Creation Act will provide tax relief to American manufacturers--including corporations, S corporations, partnerships and sole proprietorships. These American businesses will save nearly 10 percent on their income tax bills for manufacturing activities here at home.
Meanwhile, the international portions of our Tax Code are antiquated--they have not been updated in four decades. To help provide U.S.-based businesses with a more level playing field when competiting against their worldwide counterparts, this legislation reduces double taxation and simplifies our complex international tax law.
The WTO ruling forced us to update our tax laws but also provided the opportunity to improve the tax code to encourage business growth; to close abusive loopholes; to update our antiquated international tax law for the first time in 40 years; and to make all of these structural improvements without increasing the deficit.
This conference report rightly enjoyed strong bipartisan support from conferees and I urge Members of the House to vote for H.R. 4520, the American Jobs Creation Act of 2004.
Mr. Speaker, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Speaker, I am pleased that the gentleman from Maryland has, in essence, kicked off the debate, because he indicated that since we did not operate on his timetable, that there is a 12 percent assessment imposed as sanctions, and basically shamed us for not moving sooner. If my colleagues did not pay attention to what he said during the remainder of his speech, what he said was, if it was up to him, the sanctions would stay in place, because he is going to vote no on this conference report, which means the sanctions would go up to 17 percent, which means all of the burdens that he described would be even greater. He wants it both ways. He wants to criticize for not moving, but he does not want to help to solve the problem.
I am pleased that in the conference, there were a lot of people who wanted to help, especially on the Senate side. There were 23 Senators; 17 of them voted to support the conference report. Six of them were Democrats. Three-quarters of the Senate conferees support this measure, a majority of the gentleman's own party in the Senate.
On the House side, of the 17 conferees, two-thirds of them supported the conference report. So an overwhelming majority of the conferees urge a yes. The gentleman from Maryland lambasts Republicans for not getting it done, but will not help solve the problem. That, I think, is a theme we are going to hear repeated over and over again on the other side: you folks did not do it right, but we are certainly not going to help. What a message.
Mr. Speaker, I yield 3 minutes to the gentleman from Illinois (Mr. Crane), the chairman of the Subcommittee on
Trade, and let me say that without his yeoman work, we would not be here today.
Mr. Speaker, it is my pleasure to yield 2 minutes and 15 seconds to a distinguished member of the Committee on Ways and Means, the gentleman from Pennsylvania (Mr. English).
Mr. Chairman, will the gentleman yield?
Mr. Speaker, I thank the gentleman from Pennsylvania for his question.
The rule and the Statement of Managers upon closer examination, we believe, contain some ambiguity as to which deductions are disallowed. The intent of the rule is to disallow only deductions for expenses that relate directly to generating the dividend income in question.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the gentlewoman said ``they'' stripped from the bill. Well, who is they? How about six of the 10 Democrat Senators who were on the conference. The Democrats who were on the conference were the minority leader, the ranking member of the Senate Finance Committee, the ranking member of the Committee on the Budget, the Senator from Arkansas.
A majority of those Democrats support, signed a conference, and agreed with what we did. It seems to me that when the minority leader on this side describes ``they,'' the world should know who ``they'' is.
Mr. Speaker, I yield 2 minutes to the gentleman from Arizona (Mr. Hayworth), a distinguished member of the Committee on Ways and Means.
(Mr. HAYWORTH asked and was given permission to revise and extend his remarks.)
Mr. Speaker, might I inquire the time remaining on each side?
Mr. Speaker, it is my pleasure to yield such time as he may consume to the gentleman from Virginia (Mr. Goodlatte), the chairman of the Committee on Agriculture, a member of the conference committee, for the purpose of engaging in a colloquy with the ranking member of the House Committee on Agriculture, a member of the conference.
Mr. Speaker, I yield myself such time as I may consume.
First of all, I want to thank both of the gentlemen, members of the conference committee, Republican and Democrat. Both of them voted for the conference report, and the Chair appreciates that.
The Chair would like to engage in a colloquy with the gentleman from Florida and will consume as much time as is required.
I yield to the gentleman from Florida.
Mr. Speaker, reclaiming my time, I tell the gentleman it does and he is correct.
Mr. Speaker, I yield myself such time as I may consume.
This conference report is in front of us tonight due to a number of Members doing yeoman's service. There is a provision in this bill that was alluded to by the chairman of the Committee on Agriculture that is long overdue to be changed.
This gentleman from California started his congressional career on the Committee on Agriculture, and I tried to do something about it at that time. This was an opportunity to do something to correct the record that is long overdue for correcting.
The gentleman I am going to recognize to speak was one of the first to come to me to suggest that this might be an opportunity that we could take advantage of.
I have to tell my colleagues that as far as a State-wide race in North Carolina, I have received only one phone call from those individuals. I have worked beside only one of those individuals for far more than a decade, and the provision of removing the tobacco buyout was placed in the House bill long before it was placed in the Senate bill.
I can assure anyone that had we not been able to put it in the House bill, it would not have been in the Senate bill, and so for all of those people who are now going to receive a payment, the argument about how much they are going to get, whether or not it is greater than someone other's offer, is all moot.
The fact of the matter is, tonight, we are finally going to end a depression-era government created program that is long overdue for repeal, and the primary gentleman that worked with me to make sure that it would be in there is my friend, the gentleman from North Carolina (Mr. Burr), a senior member of the Committee on Energy and Commerce.
Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from North Carolina (Mr. Burr).
(Mr. BURR asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Brady), an important member of the Committee on Ways and Means, who, I daresay, virtually single-handedly made sure that there was an additional item in this particular conference report for those States that do not have income tax.
Mr. Speaker, I yield myself such time as I may consume.
When there is a problem that is overdue for fixing, and has been for more than half a century, someone who argues process is the reason why we should not fix it, does not get it. Given the kind of problem that we have seen, it needs to be fixed. Tonight we are fixing it.
Mr. Speaker, it is my pleasure to yield 1\1/2\ minutes to the gentleman from Kentucky (Mr. Lewis), a member of the Committee on Ways and Means who helped us fix this more than half-a-century-old problem.
(Mr. LEWIS of Kentucky asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume to join with the gentleman in thanking the ranking member for his tireless work on the tobacco buyout as well.
Mr. Speaker, it is now my pleasure to yield 2 minutes to the gentlewoman from Connecticut (Mrs. Johnson), a senior member of the Committee on Ways and Means.
Mr. Speaker, it is my pleasure to yield 1 minute to the gentleman from Texas (Mr. Sam Johnson), an invaluable member of the Committee on Ways and Means, a gentleman who also happens to be a member of the Texas delegation.
(Mr. SAM JOHNSON of Texas asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I tell the gentleman that I would be pleased to invite him to the bill signing ceremony so that he can see the President of the United States sign this bill into law.
Mr. Speaker, it is my pleasure to yield 2\1/2\ minutes to the gentleman from Louisiana (Mr. McCrery) who is the chairman of the Subcommittee on Select Revenue Measures and was the foundation for building the overwhelming majority portion of this conference report, the tax provisions.
Mr. Speaker, it gives me great pleasure to yield 2\1/2\ minutes to the gentleman from Ohio (Mr. Portman), a valuable member of the Committee on Ways and Means, to perhaps offer another view on the position that the gentleman from New York just indicated.
Mr. Speaker, I want to compliment the gentleman from New York for maintaining his competitive edge, notwithstanding the fact that by my count now more than a majority of the people who have taken the well on his side of the aisle are supporting the conference report.
Mr. Speaker, it is now my pleasure to yield 2 minutes to the gentlewoman from Washington (Ms. Dunn), the real Member from Washington who actually made sure that the sales tax provision was in the bill.
Mr. Speaker, I yield 1 minute to the gentleman from Wisconsin (Mr. Ryan), a member of the Committee on Ways and Means.
Mr. Speaker, I yield myself the balance of my time.
I want to thank all of the Members on both sides of the aisle. I want to thank the staffs on both sides of the aisle. This has been a very arduous and long journey. I think it is one of the more remarkable debates when half of the Members on the other side of the aisle taking the well say they are going to support the conference report. Apparently it was not that difficult for them to find out what was in this conference report.
It is kind of interesting that after all of the difficulties we have been through, the last comment was about process. Not about content, not about righting the wrongs that for so long should have been righted. I want to tell my friends on the other side of the aisle, I enjoyed working with them; I look forward to working with them again. Jurisdiction is not as important as righting wrongs, and we will do that.
And I want to tell the gentleman from New York that in the largest State in the Union, it is only 6:15.
I ask Members to support this conference report. Let us get this work behind us.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I yield myself such time as I may consume, and I want to thank the gentleman from New York (Mr. Reynolds) for yielding me the customary 30 minutes. Mr. Speaker, I guess it is refreshing…
Mr. Speaker, I yield myself such time as I may consume, and I want to thank the gentleman from New York (Mr. Reynolds) for yielding me the customary 30 minutes.
Mr. Speaker, I guess it is refreshing that the Republican leadership is allowing this House to debate and vote on a bill that now has actually been filed, and I am glad that the majority has finally provided paper copies of this massive bill to Members of this House.
Unfortunately, we are still considering a flawed bill under a very flawed process.
Let me remind my colleagues this rule waives the normal 3-day layover of the conference report. Those are the rules of the House. Members of Congress and the American people deserve to have at least 3 full days to read and examine and analyze this massive tax cut, but this rule waives that layover and allows this body to consider this bill today when most Members have not read the bill in its entirety.
Like I said this morning during debate on the martial law rule, this is not the first time the Republican leadership has broken and flaunted the rules to get their way. And while I continue to be disappointed by the way the Republican leadership continues to misuse the House rules, I want to talk for a few minutes about the substance of this conference report.
Mr. Speaker, to describe this bill as flawed does not do it justice. This conference report is a legislative grab bag filled with goodies for special interests. Every Member of this body knew about the export subsidy that was ruled illegal by the World Trade Organization. Thousands of U.S. exporters are needlessly paying tariffs to European countries simply because the Republican-controlled Congress has failed to pass legislation to avoid these penalties. Thanks to the Republican leadership of this Congress, jewelry, textile and small manufacturers in my Congressional District have been especially hard hit by these sanctions.
Now, our colleagues, the gentleman from Illinois (Mr. Crane) and the gentleman from New York (Mr. Rangel) joined together and sponsored a bipartisan bill to fix this problem a long time ago, and 177 Members are cosponsors of that bill. The Crane-Rangel bill was clean, it was simple, and it would bring the United States into compliance with the WTO without the extra add-ons that the Republican leadership felt compelled to include in this conference report as sweeteners or incentives for passage of this bill.
Crane-Rangel would have been approved by this House if the Republican leadership would have allowed the bill to come to the floor for an up- or-down vote. It would have been sent to the President and signed into law by now, if the Republican leadership did not drag its heels while pretending to address this problem. And its small cost could have been completely paid for.
Instead of bringing a clean bill fixing this problem to the floor, the Republican leadership has delivered this monstrosity. Once again, the Republican leadership has turned a noncontroversial issue in a noncontroversial bill into bad policy.
Does this conference report fix this problem we have with the WTO? Well, according to the Republican leadership it does. But according to press accounts, the European Union is hinting this legislation may not accomplish its goal; and, if true, the sanctions on American exports will not be lifted.
Mr. Speaker, there was a better way to do this, and I am disappointed that the Republican leadership took the hard way out of what should have been an easy problem to fix. But while this conference report should be about eliminating the WTO sanctions against American corporations, it is really about the tax breaks and other goodies provided to special interests.
This conference report gives tax breaks to various corporate interests. There are 276 separate tax breaks that benefit everyone from restaurant owners to foreign gamblers. Provisions like the one that will help native Alaskan whalers were inserted to help vulnerable Members in the other body win reelection. Home Depot and General Electric, two companies who have donated large sums of campaign funds to the Republican Party, get significant tax breaks in this bill.
Mr. Speaker, this conference report should not be used to reward corporate contributors. This is no way to do tax policy. We can and we should do better.
Now, if that were not bad enough, Mr. Speaker, several provisions that actually do help average Americans, which were included in the other body's version of this bill, were stripped out by Republican leaders. When the Republican leadership had a chance to actually do something good for a change, they turned away and ignored the needs and concerns of everyday Americans.
Included in this conference report is a bailout for tobacco farmers. This provision will provide $10 million to financially vulnerable tobacco farmers in tobacco communities. These funds would come from an assessment on tobacco companies, not from taxpayers.
While this bailout provision is important to a small segment of the American population, the heart of the amendment adopted by the other body was FDA regulation of tobacco. The Senate amendment would give the Food and Drug Administration the broad authority to regulate the sale, distribution, and advertising of cigarettes and smokeless tobacco.
We know that each day, 5,000 children try their first cigarette; that 2,000 children will become daily smokers, and nearly 1,000 will die prematurely from tobacco-induced diseases. The other body included this language as a bipartisan amendment adopted by a vote of 78 to 15. But instead of supporting this bipartisan amendment, the Republican leadership stripped FDA regulation from this conference report, leaving only the tobacco bailout.
By stripping out FDA regulation, we continue to leave our children vulnerable to the dangers of tobacco. This is unconscionable, and I am disappointed by the Republican leadership's action.
During debate on the other body's version of this legislation, two amendments were adopted to block President Bush's overtime regulations that recently went into effect. These regulations are yet another nasty attack by this administration on American workers.
Mr. Speaker, we all know that these overtime regulations will deny six million workers overtime protection. The House has voted against these regulations twice, and the other body has voted against it three times. These overtime cuts are pay cuts. When workers lose their overtime pay protection, employers force them to work longer hours for no extra pay. That is wrong.
Protecting the 40-hour workweek is vital to protecting the work- family balance for millions of Americans in communities in all parts of this Nation, and I am disappointed that the Republican leadership did not stand up to the corporate interests and support these two amendments. Instead, they caved to pressure from their corporate friends and allowed these misguided regulations to continue to stay in effect.
Finally, Mr. Speaker, I must express my extreme displeasure with the Republican leadership for stripping out the provision that would provide tax relief to every company in business that voluntarily makes up the difference in income to an employee activated in the National Guard or Reserves. This provision would also have provided support to those same companies to train temporary companies to fill the jobs left vacant by active duty employees.
The gentleman from California (Mr. Lantos) and I attempted to offer this amendment during the debate on this bill when it was considered in June, but the Republican leadership denied us the opportunity to offer that amendment to the bill. However, a similar amendment offered by Senator Landrieu was adopted.
During this time of national emergency, when members of the Reserves and Guard are serving extended deployments in Iraq and Afghanistan, it is vital that the Congress provide help to the hundreds of small businesses suffering from long-term vacancies or the families whose loved ones have been activated for service in Iraq and Afghanistan. But instead of showing a little compassion, instead of doing the right thing, instead of standing with the troops, their families, and their hometown communities, the Republican leadership in both Chambers stripped this provision from the final bill.
Mr. Speaker, it is truly a sad day when this body turns its back on those who are fighting for this country.
Mr. Speaker, I urge my colleagues to join me in opposing this conference report. We need to draw a line in the sand when it comes to corporate giveaways and legislative sweeteners like the ones written into this conference report. It is time we say enough is enough.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
I just wanted to comment on some of the words of my colleague from New York (Mr. Reynolds) who read very well from the Republican talking points on this bill. I would say that if we followed the rules of this House and he actually had the 3-day layover to actually read what was in this bill or what was not in this bill, he would have noticed that this bill actually undercuts the will of the House and the other body with regard to President Bush's nasty overtime regulations which was removed from this bill.
He would realize that the Republican leadership stripped out a provision that would provide tax relief to every company and business that voluntarily makes up the difference in income to an employee activated in the National Guard or Reserves. I think he would see that of the 276 separate little provisions that benefit special interests, makers of bows and arrows, tackle boxes and sonar finders and even importers of Chinese ceiling fans, let me say to my colleague from New York that I think those who are serving in our National Guard and Reserves and those businesses that are struggling as those brave men and women are fighting overseas in Afghanistan and Iraq, I think they are more important, quite frankly, than Chinese ceiling fans. I think they deserve a bigger break than makers of bows and arrows and tackle boxes and sonar fish finders.
That is the complaint here, that this bill is filled with special goodies for people who do not need it when in fact some of the people who need it most do not get anything. What is even more frustrating is the fact that people are going to vote on this bill today, this conference report, when it was just brought before us today, breaking the rules of this House, waiving the rules of this House where we are supposed to have 3 days to know what is in it.
Mr. Speaker, I yield 5 minutes to the distinguished gentleman from New York (Mr. Rangel), the coauthor of the Crane-Rangel bill.
(Mr. RANGEL asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the gentleman from Tennessee (Mr. Wamp) mentioned it is almost an election year. Judging from all the special goodies that are in this bill, it is an election year.
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Sherman).
(Mr. SHERMAN asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Massachusetts (Mr. Lynch).
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Maryland (Mr. Van Hollen).
Mr. Speaker, I thank the gentleman for yielding me this time, and I thank him for his great leadership on issues of importance to middle income Americans. The gentleman tried very hard to correct…
Mr. Speaker, I thank the gentleman for yielding me this time, and I thank him for his great leadership on issues of importance to middle income Americans. The gentleman tried very hard to correct this problem in a way that would not decrease the deficit and would increase jobs in America but, unfortunately, that approach was rejected. I wish that we had a chance to vote on it today.
Mr. Speaker, in commending the gentleman from New York (Mr. Rangel) for his excellent work on so many issues emerging from this committee, I deeply regret that we would not have the opportunity to take the approach he took, which the gentleman from New York (Mr. Rangel) shared with the gentleman from Illinois (Mr. Crane) for a long time.
The gentleman from California (Mr. Thomas), the chairman of the committee, gave the gentleman from Illinois (Mr. Crane) a dubious distinction by saying he did yeoman duties in bringing this bill to the floor, but this is a terrible bill for working families in America.
Please do not paint him with that brush. He really did try; but, unfortunately, he succumbed to the bad bill.
Mr. Speaker, I rise in opposition to this deeply flawed bill, and I thank the ranking member again for his steadfast leadership on behalf of our manufacturing sector.
This conference report is yet another example of the stark differences between Republican and Democratic priorities. We are faced with a simple problem caused by your trade sanctions, but Republicans are using a $4 billion trade issue to pry open the door wide for special interests. This is a blatant example of corporate welfare, full of pork for the special interest. This is not, just as the expression goes, this little piggie goes to market. This is the whole hog lot goes to the public trough. The oinking is so loud the Republicans cannot even think straight.
If you listen closely you can hear those hogs oinking. Can you hear them?
That may be why at every step of this process Republicans have consistently made decisions that are against the interests of middle- income Americans.
The difference between the parties is clear. In our New Partnership for America's Future, Democrats pledge to create new jobs here in America. But Republicans under this bill are exporting jobs overseas. For more on the subject, I will follow the lead of the gentleman from New York (Mr. Rangel) and say please visit HouseDemocrats.gov for more on the New Partnership for America's Future.
Can you believe this? In the past 3 years nearly half a million jobs have been shipped overseas. But instead of working to stop this hemorrhaging, this Republican bill tonight has in it tax incentives to export American jobs. Think about it. You are a U.S. taxpayer in a job. They are using your tax dollars to export your job overseas. In fact, as businesses around the country are hit with 12 percent tariffs on more than 1,600 products, Republicans have been holding this bill hostage so they could include 24 extraneous provisions that will create jobs overseas rather than here at home.
No, Mr. Speaker, our distinguished whip and I in criticizing this bill are not saying that the problem should not be corrected. We said it should be done right, not at the expense of middle-income Americans, not at the expense of increasing our deficit.
This bill includes a whopping $42 billion in tax cuts for the foreign operations of U.S. multinationals. We all recognize the importance of multinationals to our economy, but we must face the facts. Many of those very same corporations pay no income tax whatsoever. Many of the multinational corporations getting tax breaks in this bill, pay no income tax whatsoever. And from 2001 to 2003, Federal corporate tax collections fell to their lowest sustained level in 6 decades, in 6 decades.
Democrats led by the gentleman from New York (Mr. Rangel) pursued a bipartisan bill that was tailored to create good-paying jobs in the U.S. without sacrificing our long-term fiscal health.
The difference is clear. In our Partnership for America's Future, Democrats have made a commitment to fiscal responsibility and the gentleman from California's (Mr. George Miller) pay-as-you-go. Republicans chose in this bill to spend as they please and then hide the true costs of their bill with expensive gimmicks. A convoluted combination of phase-in, sunset dates, changes in scoring rules mask the true cost of the bill and how it will constrict our choices in the future.
This conference report is being touted as revenue neutral. But, in fact, it will cost nearly $80 billion over the next decade. The difference is clear. In our New Partnership for America's Future, Democrats put forth an agenda to support manufacturers and small businesses. In this bill, Republicans choose to give handouts to special interests. Please again visit us on HouseDemocrats.gov.
Our manufacturing sector is struggling to stay competitive in global markets. The erosion of our manufacturing base is cause for serious concern in our country, but not in the Republican Party. Under the Bush administration, we have lost nearly 2.7 million manufacturing jobs. Despite this depressing fact, this conference report stripped language that would have given bigger tax cuts to companies that manufacture more of their goods in the U.S.
That was one of the gentleman from California's (Mr. Rangel) provisions. They stripped from the bill a provision that would have given tax incentives to companies that manufacture more of their goods in the United States. The conference report also has broadly expanded the definition of manufacturing to include activities wholly unrelated to the manufacturing of goods and products.
Now, listen to this: the bill is riddled with special interest giveaways including suspension of customs duties on ceiling fans and steam generators, tax deductions on bows and arrows, fishing tackle boxes and sonar devices, as well as tax incentives for other specialized industries. Even the Bush administration's Treasury Secretary has criticized the Republican FSC/ETI bill as including a myriad of special interest tax provisions that benefit few taxpayers and increase the complexity of the Tax Code.
How is that for an indictment? The choices that Republicans are making are clear, and it is clear that they are the wrong choices. The same Republicans who today will find enough money for their special interest giveaways have not found the funding to secure loose nuclear materials to protect the American people. They have shortchanged veterans health care by $1.3 billion. They have underfunded No Child Left Behind by about $9 billion every year, 9.4 billion this year; and they have broken their promises on Pell grants.
They have defeated a $1,500 bonus for our brave men and women in uniform returning from Afghanistan and Iraq, 213 to 213. Every Republican who voted against that bonus is responsible for its defeat because it failed by one vote.
I urge my colleagues to make the right choice and defeat this job- exporting, budget-busting, special interest handout.
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Mr. Speaker, I thank the distinguished gentleman from California, the Chairman of the Committee on Ways and Means, for the time. This is indeed a special night for many people across this country,…
Mr. Speaker, I thank the distinguished gentleman from California, the Chairman of the Committee on Ways and Means, for the time.
This is indeed a special night for many people across this country, farmers who have struggled over the last 5 years, who have made a livelihood on the farm, because of a commitment to the land, and throughout North Carolina and many other States, we see the benefits of their success in the schools and the churches because it is their generosity that built the communities that, in fact, they live in.
Because of that program that we put them into decades ago, which has now served as a noose around their neck over the past 5 years, the Federal Government has cut their livelihood by 50 percent. I ask anyone in this body who were in business before they came here if they artificially got 50 percent of their revenue eliminated, would they be able to survive? The answer is likely they would not, and the fact is that our farmers are not.
This piece of legislation that this body will pass tonight will probably enable 10,000 individuals in North Carolina alone not to file bankruptcy this year. It is inevitable that communities will exist tomorrow because we are willing to step up and to provide the necessary help that they need.
Mr. Speaker, former Senator Helms once said that getting a tobacco buyout through the United States Congress would be one of the hardest legislative efforts ever undertaken. He was certainly right about that. Mr. Speaker, not only was it a long road, it was an uphill road. The obstacles were many, but they have been overcome tonight, and I believe tomorrow both bodies will have passed this legislation.
I would like to take the time remaining to thank those individuals who helped so much: My colleagues, the gentleman from Tennessee (Mr. Jenkins), the gentleman from North Carolina (Mr. McIntyre), the gentleman from Kentucky (Mr. Rogers), the gentleman from Kentucky (Mr. Lewis), the gentleman from Virginia (Mr. Goode), and the gentleman from Georgia (Mr. Kingston), individuals that for over 10 months met to try to strategize on how we move a piece of legislation, not that that was the richest, but one that could be signed into law, the single most important objective. We are not the first to stand in this well and promise people back home that we can deliver, but we are the first to be able to deliver.
I would also like to thank the staff members who put their long hours in and probably spent too much time with each other: Brenda Otterson, Jeff Hogg, Michael Higdon, Megan Spindel, Jerr Rosenbaum, Emily Howard and Chris Joyner.
I would also like to thank the gentleman from California (Mr. Thomas). He was truly a partner in this every step of the way. It is not often that we take an agricultural piece and we ask to put it on a tax bill, but let us face it. We needed a vehicle that could become law. I thank the Chairman for his willingness to work with us. I thank him for the informative response that we always had with the Committee on Ways and Means, and I praise him tonight for a great piece of legislation.
I urge my colleagues to support this bill.
Mr. Speaker, I rise today in strong support of this legislation. This legislation contains a number of critical provisions. It ends sanctions on our exports, and provides tax benefits for our Nation's manufacturing sector. It provides tax incentives for businesses, including much needed S-corp reform. It extends important electricity production and alternative fuel tax credits.
But it also includes a long-overdue and desperately-needed provision that is near and
dear to my heart--and the hearts of countless farmers in my State and across the southeast: A tobacco quota buyout and repeal of the Federal tobacco program.
It is hard to find an agriculture issue in my State that has taken on more passion--more emotion--than the tobacco buyout. My State's tobacco farmers--like their colleagues in other tobacco States--are trapped in the depression-era tobacco program. It is a program that promises little more than bankruptcy and foreclosure. It is a program that promises economic collapse for their communities. Today, at long last, we are taking action to restore some hope to our tobacco farmers and their communities.
With the inclusion of the tobacco buyout and reform package, this Congress is extending a lifeline to rural communities that were built on tobacco, but have faced difficulties as tobacco use has declined. It is offering tobacco farmers a way out, and the assistance they need to transition to new crops. It is providing tobacco families with some certainty, and the promise of a better day ahead. It is restoring hope to those who thought that this city had forgotten them.
The inclusion of the buyout in this legislation is the culmination of years worth of work. It has been a long road since Charlie Rose began his work on the issue in the early 1990s. It is a road that saw few travelers in the early years--but it is a well-traveled road now.
So difficult has it been at times to see the end of the road that most people said it would be impossible to reach it--that we would never get to our destination. It was always just out of reach--just over the next hill. Over the years, the ``buyout'' took on an almost mythical status. It was talked about in feed stores and coffee shops in almost reverential tones, but people began to believe they would never see it in their lifetime.
Former Senator Jesse Helms once said that getting a tobacco buyout through the United States Congress would be one of the hardest legislative efforts ever undertaken. He was certainly right about that, Mr. Speaker. Not only was the road long, it was uphill.
The obstacles were many, but they have been overcome. I would like to take what time I have left to thank some of my fellow travelers on this long journey. We would not be here today if it were not for my colleagues Bill Jenkins, Mike McIntyre, Hal Rogers, Ron Lewis, Virgil Goode, and Jack Kingston. I would also like to thank their staff members, who put in long hours--and probably spent too much time with each other--over the last year: Brenda Otterson, Jeff Hogg, Michael Higdon, Megan Spindel, Jerr Rosenbaum, and Emily Howard.
I would also like to thank Chairman Bill Thomas and his staff for their hard work--and for recognizing the critical need for this buyout.
Finally, Mr. Speaker, we have reached our destination. I urge my colleagues to support this important legislation.
Mr. Speaker, there is much to dislike about the process that has brought this conference report before the House, and there certainly are things to dislike in the conference report itself. This is…
Mr. Speaker, there is much to dislike about the process that has brought this conference report before the House, and there certainly are things to dislike in the conference report itself.
This is not the best way to do business, and this conference report certainly is not an ideal legislative produce. On the contrary, it is filled with flaws and with provisions that are unnecessary at best.
However, with all its flaws, I will vote for the conference report.
I will vote for it because we need to make the changes in tax laws needed to end the escalating retaliatory tariffs that are being imposed because our current laws are not in compliance with our international agreements. This is a matter of great urgency and this conference report responds to it.
I will vote for it because it includes provisions to encourage American corporations doing business abroad to repatriate their overseas earnings for investment here at home. This has great potential to stimulate investment in new plant and equipment as well as in the research and development that support innovation, job creation, and prosperity.
I will vote for it because I think the provisions related to foreign tax credits will increase the competitiveness of America's information- technology companies in global markets.
I will vote for it because it includes provisions to ensure that employee stock-purchase plans and incentive stock options are not subject to payroll taxes--provisions that are very important to thousands of Coloradans and the companies that employ them.
And I will vote for it because it includes provisions that will help us lessen our dependence on fossil fuels--something that is very important because clean power production provides greater reliability for our electricity system, promotes cleaner air and water, and benefits our economy and our national security.
The conference report will extend and expand the renewable energy production tax credit (PTC) to apply to other renewable energy technologies, including solar energy, geothermal energy, open-loop biomass, and small irrigation power. An extended PTC will provide more market certainty, and expanding the
PTC to include solar, open-loop biomass, geothermal, and small irrigation power will ensure that all renewable energy sources can benefit.
Solar, wind, hydropower, biomass and geothermal energy are each potentially enormous energy resources. Every state has renewable energy potential. However, renewable resources are not spread uniformly across the country. Current tax law creates regional and technological inequities by failing to provide uniform benefits for all renewable energy resources. For example, the production tax credit enacted in 1992 has spurred significant new investment, but it only applies to power plants using wind power and closed-loop biomass. Allowing equal access to all the renewable energy sources will not only spur renewable energy investment, but it will also ensure that all renewable energy sources are allowed to compete fairly.
Also, importantly, I will vote for this conference report because as it stands it will not increase the deficit--meaning that as it stands it will not increase the national debt that will have to be repaid, with interest, in the future.
In making that statement, I refer to the conference report ``as it stands'' because I fully recognize that the present budgetary effect of the conference report reflects the fact that some of its provisions will come into effect in stages, or are temporary, or both.
I recognize--as we all recognize, Mr. Speaker--that in the future there will be proposals to extend some or all of the temporary provisions or to speed up the implementation of those that are scheduled to take effect in stages. And I recognize--as we all must-- that adoption of those proposals will have budgetary consequences that should not be ignored.
So, Mr. Speaker, I want to give notice here and now that while I am voting for this conference report as it stands, I am making no commitment to supporting any of those proposals. If I still have the honor of serving in this House when any such proposal is considered, I will consider it carefully but I will not support it unless I am convinced that it merits approval.
And, further, I want to give notice here and now that my vote for this conference report should not be read as meaning that I fully support each and every one of its provisions. That is certainly not the case, and in fact I hope that I will have the opportunity to support efforts to remove or repair many of those provisions in the future.
I could cite many examples, but let me mention just one--the fact that the conference report does not included all the provisions of the Senate bill related to tobacco and tobacco products. Omission of key parts of those provisions means we are missing an opportunity to take an important step toward better health for many Americans, especially children. This is a very bitter disappointment.
Mr. Speaker, I am sure that in the days ahead there will be a great deal of public discussion of this conference report in Colorado and across the country. There will be many who will hail it as marking the dawning of a great new day. Many others will bewail parts that they think are examples of bad legislation.
I think the second group will have much ammunition. But I also am sure that the rhetoric on both sides will be excessive. My evaluation is that the bill is too flawed to be a model, but that its merits do outweigh its flaws, although not by very much.
Mr. Speaker, I rise in strong support of the conference report for the American Jobs Creation Act. This carefully crafted and skillfully negotiated piece of legislation would end the unfair tariffs…
Mr. Speaker, I rise in strong support of the conference report for the American Jobs Creation Act. This carefully crafted and skillfully negotiated piece of legislation would end the unfair tariffs that have been targeted at textile, agriculture, high-tech and manufacturing industries.
For thousands of families not only in my home State of North Carolina, but also from tobacco producing States from across the south, this legislation is monumental because it ends the Federal tobacco price support system and gets our farmers out from under a government mandate. The current Federal
tobacco price support system is the last depression-era farm program in America. Indeed, it is time to get out of the 1930s.
This is not a bailout. It is a buyout. It is a buyout of a Federal property interest that dictates what a farmer can and cannot do with his own land. Indeed, with this, our farmers, everywhere, will be relieved from the possibility of facing yet another 30 percent cut in their income this coming winter for the new growing season next year, farmers who have already suffered a 50 percent cut in income in the last 5 years.
I want to thank Members of both parties who have courageously stepped forward to pass this bill, and especially the gentleman from California (Mr. Thomas) for his commitment. Let us give our farmers a choice. Get the government off their backs and out of their pockets. Let us do what is right and stop the uncertainty that has existed for everyone: the farmers, our government, and the American taxpayer.
Mr. Speaker, I rise in strong support of the Conference Report for H.R. 4520, the American Jobs Creation Act. This carefully crafted and skillfully negotiated piece of legislation would end the punitive tariffs that have been targeted at our Nation's textile, agriculture, high-tech, and manufacturing industries, and would replace those portions of our tax code found to be non-compliant in international law with provisions that will INSOURCE jobs to our Nation's economy. This must be done, and it must be done now!
For thousands of families--not only in my home state of North Carolina, but also from tobacco-producing states across the South--this legislation is monumental because it ends the federal tobacco price support system, allows our farmers to compete in a free market system, and gets them out from under a government mandate.
By including the Fair and Equitable Tobacco Reform Act with the American Jobs Creation Act, with which I had the privilege to coauthor with my friend from Tennessee, Rep. Bill Jenkins, we create trade opportunities for American farmers and prevent our farm jobs from going overseas.
The current federal tobacco price support system is the last Depression-era farm program in America! It's time to get out of the 1930s! Tobacco production has dramatically changed. Our federal tobacco policy, unfortunately, has remained the same: farmers producing tobacco in an overly-bureaucratic, government-controlled system which is unable to respond to market pressures and opportunities.
This is not a bailout, it's a buyout--a buyout of a federal property interest that dictates what a farmer can and cannot do with his own land.
Without this bill, tobacco farmers everywhere face the real possibility of a quota cut of over 30 percent next year under this antiquated price support system.
When I introduced the first comprehensive tobacco buyout proposal two and one-half years ago, I said then what I say now, ``It's time for the uncertainty to end!''
Although this bill before us is not perfect, it puts an end to the uncertainty that has plagued our farm communities for so many years. This bill is the right bill for our families, our farm communities, and our future.
While the underlying Jobs bill will Create, Cultivate, and Conserve American jobs, the long-awaited tobacco reform will Replace lost jobs, Revitalize rural communities, and Restore the American farmer to a competitive role in the world marketplace.
Instead of turning our backs on the families and rural communities across our Nation, we are on the cutting edge of ending discrimination against our farmers, and we are providing them with the tools to compete on the world market.
So many people have worked so hard to get us to this momentous time. I thank the Members of both parties who courageously stepped forward to pass this buyout. I also thank Chairman Thomas for his commitment to helping our tobacco producing communities by including tobacco reform legislation in the FSC/ETA Conference Report.
Let's give our farmers a choice! Get the government off their backs and out of their pockets. Do what's right, and stop the uncertainty for everyone--the farmer and his children, the government, and the American taxpayer. Support passage of this Conference Report!
Mr. Speaker, a new report indicates that 275 giant, multinational corporations have been paying taxes over the last 3 years at an effective rate which is actually less than the marginal rate, for a…
Mr. Speaker, a new report indicates that 275 giant, multinational corporations have been paying taxes over the last 3 years at an effective rate which is actually less than the marginal rate, for a family making $35,000 a year. Over this same period, eighty-two companies paid zero or they got a refund in federal income taxes in at least 1 of these 3 years. These giant, multinational corporations are paying less than an insurance agency on East 7th in Austin, Texas; they are paying less than a used car dealer on South 23rd Street in McAllen, Texas or a cafe on Cage in Pham, Texas. They are paying less than hardworking families across this country trying to make a go of it, but having to bear much more than their fair share of the Federal tax load.
But as if that were not outrageous enough, tonight, this Congress is about to pour more largess on those same multinationals that are not paying their fair share.
Let me give some specific examples. Exxon Mobil down in Texas: Exxon Mobil received $4.3 billion in corporate tax subsidies over the last 3 years, yet they stand to share in something like ten times that much in this bill. About a third of the cost of this $140 billion corporate tax bonanza will reward companies like Exxon Mobil for moving more jobs overseas.
Of course, they are a key part of the lobbying coalition that produced this bill. And at the top of the list of that lobbying coalition is General Electric. General Electric has done pretty well under the federal tax system. They have had profits of nearly $12 billion over a 3-year period. In 2002, it paid zero federal income taxes. Instead, it got $33 million back in a refund check, a little bigger than that small business or that family with $35,000 a year is likely to get when their refund comes, if it does. But General Electric has added new meaning to their motto ``We bring good things to life.'' In this bill those ``good things'' are billions in tax breaks for GE-- the top recipient of tax benefits from this bill.
One after another these multinationals are being rewarded in a bad corporate grab bag bill that is being pushed through here at the last minute. What is happening here gives new meaning to Leona Helmsley's infamous comment that ``only little people pay taxes.'' The ``little people'' of America are the ones being left to pay the taxes when bills like this are passed that allow those at the top to dodge their fair share of taxes.
In addition, these same corporations will use the benefits that they get out of this bill to just export more jobs overseas. There are 24 separate provisions in this bill that deal with offshore operations by multinationals.
We have, therefore, a bill that is tragic in both its gross size and in its encouraging even more jobs to be shipped abroad. It outrageously shifts yet more of the tax burden for our national security and our homeland security to the small businesses across America that are the focus for growth in our economy and to the working families of America that cannot hire a bevy of lobbyists and a fleet of limousines to come to Washington and do the things that are necessary to get the kind of special treatment that is being rewarded here tonight.
And there is another great example. The $10 billion ``buyout'', as they call it, of tobacco farmers. Yes, it is a buyout that does not buy them out of anything, since they can keep producing just as much poison as they were before they were bailed out, which is what this bill really represents. The true effect of the bill is to reward big tobacco with cheaper tobacco with which to entice and addict even more of our children.
With one horrible giveaway provision after another, this bill must be flavored before it can be swallowed. For the folks in Texas and several other States that flavoring is a short 2 years in which they can deduct their sales taxes. I am all for that; I have voted to make such deductibility permanent. But when somebody is putting a dollar in one's hand, you need to consider whether they are swiping the wallet out of your back pocket. And that is exactly what this bill does. It is a very very high price we are asked to pay for too modest of a benefit.
Indeed, this is the very kind of bill that causes Americans to become cynical about the legislative process and to feel their government is failing them because tonight it certainly is.
Mr. Speaker, the retaliatory tariffs that the European Union has issued over our delay in complying with World Trade Organizations are hurting manufacturers all over this country, and it is past time…
Mr. Speaker, the retaliatory tariffs that the European Union has issued over our delay in complying with World Trade Organizations are hurting manufacturers all over this country, and it is past time to address this issue. Legislators on both sides of the aisle and in both the House and Senate agree on this basic premise, and it is a shame that a bill to solve this problem has been burdened with unnecessary tax incentives to corporations. I, along with many other members of Congress from both sides of the aisle have been pushing for congressional action to fix the international trade dispute over the extraterritorial income (ETI) and Foreign Sales Corporation (FSC) programs. We have a bipartisan, fully paid-for remedy that would reform these tax provisions, put the United States tax code in compliance with the World Trade Organization (WTO), and reduce the tax burden on American manufacturers and farmers. Unfortunately, the Majority leadership ignored this bipartisan approach in favor of a budget- busting, controversial bill that does little for small manufacturers in Wisconsin and includes multiple provisions completely unrelated to the trade problem we need to fix immediately.
Because of the House majority's previous inaction on reforming the FSC-ETI trade dispute, the European Union (EU) continues to ratchet up tariffs on nearly 100 categories of U.S.-produced exports. This costs American businesses and workers by making our products less competitive in the major European market. Unless we reform the FSC-ETI tax provisions, EU tariffs on American products will continue to climb, potentially costing American exporters over $4 billion.
With over two million American manufacturing jobs lost since 2001, it is critical that we act to reverse this trend by eliminating incentives for American jobs to be sent overseas and working to end trade barriers that hurt American exports. Anticipating the EU tariffs, Congressmen Crane, Rangel, Manzullo and Levin introduced bipartisan legislation last year to address the FSC-ETI trade dispute. H.R. 1769, the Jobs Protection Act, would have eliminated the American tax breaks found in violation of WTO rules, and reinvested the savings back into American manufacturers by reducing their tax rates. I, along with 175 other members of Congress, cosponsored this legislation and have pushed for the House to consider this legislation.
Despite this bipartisan compromise, the conference agreement brought to the Floor today a fiscally irresponsible bill that is filled with special interest breaks and will increase already record budget deficits. H.R. 4520 provides over $42 billion in tax incentives for large multinational corporations while providing little to no tax relief to small and medium-sized manufacturers, farmers, and unincorporated businesses. The Republican chairman of the House Small Business Committee has expressed his opposition to this legislation because it fails to include smaller non-Chapter S corporations in its manufacturing benefit.
Furthermore, the House shamefully misses an opportunity to meaningfully reform the regulation of tobacco in this country. While I support the buyout for tobacco farmers, which will help hardworking farmers in Wisconsin, I am disappointed that the bill does not include a Senate provision giving the Food and Drug Administration authority to regulate tobacco. This hard-won provision was supported by major tobacco manufacturers as well as health advocacy groups, and the conference committee, by eliminating it, has allowed an historic opportunity to improve the health of this country pass by.
Mr. Speaker, with 2.7 million American manufacturing jobs lost over the past years, including over 80,000 in my home state of Wisconsin, we should not be playing partisan games on the House floor. We should be considering legislation that will end European tariffs on American exports, helps domestic farmers and manufacturers be more competitive, closes abused corporate tax loopholes, and does not burden our children with huge amounts of debt that they will have to pay off in the future. I urge my colleagues to oppose H.R. 4520 in its current form so that Congress can move forward on responsible ETI-FSC legislation.
Mr. Speaker, I thank the chairman for yielding me this time and for this bill, and I rise in strong support of it. Let us remember why we are here. We are here because punitive tariffs are making…
Mr. Speaker, I thank the chairman for yielding me this time and for this bill, and I rise in strong support of it.
Let us remember why we are here. We are here because punitive tariffs are making U.S.-made products high priced. We are here because that reduces sales and endangers American jobs.
Some say this bill will result in exporting jobs. Inaction will result in exporting jobs. This bill provides $77 billion in tax relief to every domestic manufacturer for work they do here at home. From the smallest S corporation or partnership to the largest C corporation, companies will be encouraged to produce more goods in the United States of America.
Furthermore, it provides a new source of funding for cleaning up brownfields in our cities and encourages the growth of manufacturing in the small, medium-sized cities of America, so important to their economic revitalization.
My colleagues, this is the best bill that has come on the floor of this House for American manufacturing in the 22 years I have been here, under Republicans or Democrats. Manufacturing is the foundation of our economy, and I consider this landmark legislation in laying the foundation for a competitive 21st century American economy.
Mr. Speaker, I thank the chairman for his remarkable leadership in making passage of this legislation possible here tonight.
Mr. Speaker, I rise in strong support of the American Jobs Act. Critics fail to remember why we are here. We are here because punitive tariffs on U.S. made products are increasing their price, reducing sales, and endangering U.S. jobs.
Every day we fail to comply with the WTO ruling American companies are losing market share in Europe. Tariff rates on some American goods stand at 12 percent and will rise to 17 percent. Our trade relationship with Europe includes $1 trillion worth of goods and services and we cannot compromise that many goods without forcing many Americans into unemployment. We have an obligation to protect the jobs of our constituents and strengthen our economy to meet the challenges of the 21st century global economy.
Our bill creates greater incentives for domestic manufacturing, helps small businesses by increasing the amount of money they can just write off for investing in equipment to improve their productivity or the quality of their product. It strengthens our competitiveness abroad by eliminating complex rules that hamper commerce.
Some critics complain that this bill will result in exporting jobs. They are wrong. The truth is we need to support American multinationals or we will fail to have a U.S. economy that produces good paying jobs here at home.
Literally millions of small firms depend on the successful performance of large companies abroad. The more business they win overseas, the more business they generate in the United States. It is that simple.
Important international reforms are matched by a firm commitment to domestic manufacturers. As we all know, the manufacturing sector has suffered disproportionately since 9/11. Our bill provides nearly $77 billion in tax relief to every domestic manufacturer for work they do here at home. From the smallest S corporation or partnership to the largest C corporation, companies will be encouraged to produce more in the United States.
It should also be noted that we accomplished all of this without adding a single penny to the federal deficit. We were able to craft a revenue neutral package that clamps down on abusive tax shelters and corporate inversions.
The dispute that brought us here has lingered for too long. We owe it to American businesses and consumers to complete our work and rid ourselves of punishing tariffs.
I want to commend the chairman for remaining steadfast in his desire to get a bill passed and to the president's desk before we adjourn. I congratulate the Chairman on a bill that will help American manufacturers more than any bill ever passed by this body under Republicans or Democrats. Since manufacturing is the foundation of our economy, I consider this landmark legislation as laying the foundation for 21st century prosperity.
Mr. Speaker, I am pleased that my colleagues on the conference committee for H.R. 4520, the American Jobs Creation Act, have, by passing this legislation, taken an important step to preserve jobs in…
Mr. Speaker, I am pleased that my colleagues on the conference committee for H.R. 4520, the American Jobs Creation Act, have, by passing this legislation, taken an important step to preserve jobs in rural Kansas and across the country. In specific, I applaud Chairman Thomas for his inclusion of the Railroad Track Maintenance Credit.
This provision will help to preserve freight railroad infrastructure operated by short line and regional railroads. Over 12,000 manufacturing, mining, chemical and agricultural employers, who employ over one million workers in 49 states depend on short line railroads for their success. In many rural areas, such as the First District of Kansas, short lines are crucial in transporting agriculture goods and products to market. Across our country, there are over 500 short line railroads, operating nearly 50,000 miles of track, or nearly one third of the national freight rail network in the U.S.
The repercussions of certain federal regulations combined with the increasing gross weight of railroad cars have created a serious threat to the continued viability of this rail infrastructure. The Railroad Track Maintenance Credit will encourage investment to protect this important transportation link for American businesses and agriculture.
This provision originated with the introduction of H.R. 876. My colleagues also recognized the importance of short lines to their local economies, and as a result, 267 Members of the House co-sponsored this legislation.
I appreciate the conferees including a version of H.R. 876 with the railroad infrastructure provisions in H.R. 4520. These provisions will go a long way in preserving short line railroad track and keeping our local communities attached to the national rail network.
As drafted in H.R. 4520, the 50 percent tax credit available to each short line is subject to a maximum limitation. This limit is the product of $3,500 and the number of miles operated by the railroad. Credits up to this limit may be earned regardless of the length of track that is improved by the expenditures. For example, if a 100-mile railroad invests $800,000 in improving a 1,000 foot bridge span, the amount of qualified expenditures would be $800,000. The credit earned on such investment would be $400,000, or fifty percent of $800,000. The last $50,000 would be excluded as exceeding the limitation of $350,000, determined by multiplying 100 miles by $3,500. Therefore, the railroad would earn a credit of $350,000.
I believe that such a limitation will allow short line railroads to upgrade segments of track, roadbed and bridges that are in the most dire need of upgrades. At the same time, this credit will cap the potential exposure of tax revenues at a known amount: the length of a short line in miles times $3,500.
The conference committee version also includes an important provision that is a variation on the original subsection (g) proposed in H.R. 876. This provision will encourage those who depend most on short line railroads to invest directly in maintaining this critical infrastructure. Railroad customers or suppliers of railroad-related property or services may earn credits under this provision for railroad track maintenance expenditures they make in short line railroads.
I believe this provision is also critical for those two-dozen municipal or state owned railroads that are tax exempt. While those railroads cannot benefit directly from the tax credit because they are tax exempt, their customers and suppliers can still help preserve this infrastructure by investing directly.
In conclusion I want to again thank all of my colleagues who have supported our short line railroads over the past two years. I also want to thank Chairman Thomas and the conferees for including this provision to help rural America stay connected to the national transportation network.
Mr. Speaker, I rise tonight on behalf of thousands of America's rural communities, and I would like to focus attention on a looming crisis within our Nation's transportation infrastructure. Short…
Mr. Speaker, I rise tonight on behalf of thousands of America's rural communities, and I would like to focus attention on a looming crisis within our Nation's transportation infrastructure. Short line railroads, rural America's link to the national rail network, are approaching a crisis point.
Before the rail industry was deregulated, Federal policy created a tremendous investment disincentive whose repercussions can still be felt today. With America's generation of heavier rail cars, which many short lines cannot accommodate, this situation has grown worse. We must move quickly, because thousands of miles of track are in danger of being abandoned forever.
Over 550 short line rail carriers now operate 30 percent of the Nation's rail network. Short line railroads exist in all 50 States and in over 70 percent of all congressional districts. They operate 50,000 miles of track, employ over 23,000 workers at an average wage of $47,000, and earn $3 billion in annual revenue.
Today, this local service is threatened due to the introduction of heavier 286,000 pound railcars that have become a new industry standard. Because of the interconnectivity of our Nation's rail network, short lines are forced to use these heavier cars, placing an added strain on track structure and making rehabilitation urgent. Studies indicate that it will take $7 billion in new investment for our Nation's short lines to accommodate these heavier railcars. To keep our constituents connected with the national rail network, these lines must be upgraded. Unfortunately, the small railroad revenue is insufficient to get the job done.
Today, our Nation's short line railroads need help to make the capital investment required to maintain and rebuild rail service between rural and urban America. This is why I introduced H.R. 876, the Local Railroad Rehabilitation and Investment Act. This legislation has enjoyed bipartisan support with, currently, 178 cosponsors. H.R. 876 provides a $10,000-per-mile tax credit as an offset for rehabilitation investments needed to maintain and strengthen local rail service. This temporary incentive program provides a valuable tool for our railroads to rebuild and improve as they work to meet our Nation's increasing shipping needs.
Short line railroads play an important role in my home State of Kansas. Kansas ranks second in the Nation in the amount of farm products it ships out of State by rail. These railroads keep our farmers and small businesses connected to a national rail network. However, since 1980, approximately 2,500 miles of short line rail in Kansas have been abandoned.
In my State alone, the loss of short line railroads would add nearly $50 million in annual repair costs to the State's highway system. The loss of short line rail service could also add over $20 million to the annual cost of transporting and handling the State's wheat harvest, which would result in an annual net decline in farm income of over $17 million. Nearly every State and every congressional district would experience similar consequences without short line rail service.
Congress should have a strong interest in preserving the freight connection between rural and urban America, because once track is abandoned, odds are it will never be replaced. In today's world, a disruption of the network that carries our food, raw materials, and the fuel for our power plants can be ill afforded. Tens of thousands of jobs in agriculture, manufacturing, refining, and mining in almost every congressional district depend upon this service. I urge my colleagues to join me in cosponsoring this vital transportation infrastructure legislation, and I ask the leadership of this Congress to bring this bill forward.
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Mr. Speaker, I thank the gentleman for yielding me time. I am not sure who he is getting advice from, but I rise in opposition to this bill. Mr. Speaker, like most of my colleagues, I agree that we…
Mr. Speaker, I thank the gentleman for yielding me time. I am not sure who he is getting advice from, but I rise in opposition to this bill.
Mr. Speaker, like most of my colleagues, I agree that we must address the underlying problems with our international tax rules. We should have done that over a year ago. As a result of not doing so, as a result of simply delaying until we could get enough special interest provisions in this bill to get a majority for it, we have cost American manufacturers and exporters millions and millions of dollars.
But I must voice my opposition to the conference report, a product that has not improved with age. In fact, as it has been drawn out over time, it gets further and further away from the problem it was supposed to address.
There are more narrowly-crafted tax breaks in the conference report than when it left the House in June. There are fewer incentives to keep jobs in this country and just as many incentives that will continue to move jobs overseas, no matter how often they say that is not the case. Read the bill.
On the whole, the balance of this measure has absolutely nothing to do with fixing international tax rules, and were it not for some extraneous provisions that are vital in several States, I doubt that we would be debating this conference report now, because it would have never passed the House in the first place. Period.
So, once again, after a decade of rhetoric on tax reform and increased calls by leaders of the other side of the aisle for action on tax simplification, a product has been brought before this House that only serves to complicate and carve up the Tax Code even more. As a matter of fact, as the gentleman from New York (Mr. Rangel) knows, in 40 months, we have expanded the Tax Code and regulations by over 30 percent. My, my, my.
That is why, of course, Joe Scarborough said when informed that he campaigned on the basis of tax simplification, he shrugged his shoulders and said, ``We lied.'' That is what Joe Scarborough said.
U.S. Treasury Secretary Snow, U.S. Treasury Secretary Snow agrees, indicating earlier this week that its content ``went far beyond the bill's core objective,'' which was to resolve a $4 billion trade dispute with the European Union.
At a time of record job loss, especially in the manufacturing sector, Republican leaders rejected a bipartisan solution that could have passed well over a year ago, at far less cost to the country and without the delaying tactics that allowed 1 percent tariffs on our exports.
Then that advice cannot be followed.
To date, Mr. Speaker, business across this country have been harmed to the tune of nearly $187 million, because the majority did not pass this bill last year, as they should have. After having ignored fiscal discipline for the last 43 months, the majority has miraculously rediscovered the principle of revenue neutrality, but are using gimmicks, phase-outs, and controversial revenue-raisers that punish working families, small business taxpayers, and charitable organizations to do so.
True, hidden among the largesse are a few deserving provisions. I would like to support those. But I cannot support this bill, which continues the path of extraordinary fiscal irresponsibility, which took us from a $5.6 trillion surplus told that we had by George Bush back in March of 2001, to the time now when we have a $3 trillion deficit confronting the children and grandchildren of this country. How sad the performance. How ill-timed and ill-conceived this legislation.
Mr. Speaker, I thank Chairman Thomas for yielding me this time, and I thank my colleague on the other side of the aisle, the gentleman from New York (Mr. Rangel), for engaging in this debate because…
Mr. Speaker, I thank Chairman Thomas for yielding me this time, and I thank my colleague on the other side of the aisle, the gentleman from New York (Mr. Rangel), for engaging in this debate because I think he put his finger on what this is all about tonight.
What we are talking about is basically responding to the European Union's decision that we cannot continue to provide a subsidy to our exporters. That was the lemons. And then making lemonade out of it by saying, how are we going to help U.S. firms become more competitive, but not by using the FSC/ETI benefit that was found illegal.
How are we doing that? In two ways. One the gentleman from New York just talked about: we are helping manufacturers. This is an area of our economy that is under great challenge for two reasons: one, higher productivity. We are using fewer workers to produce just as much and more so we are losing jobs in manufacturing. Second, international competition. In the last 3 years of the Clinton administration, we lost over 300,000 manufacturing jobs. They are starting to come back. This year alone, we have gained over 100,000 manufacturing jobs as the economy is starting to pick up. But that is not good enough. We want to do more. We want to make sure that we have a strong manufacturing base in this country. That is why there is an effective 3 percent reduction in the corporate rate for manufacturers, big, medium, small, all manufacturers, very similar to the gentleman's legislation he introduced about a year ago.
But, second, we do try to help those global companies. Why? Because, as the gentleman from Louisiana said, the global companies are out there competing in a marketplace where 95 percent of the consumers are outside of the United States. Ninety-five percent of them. Yet we have one-third of the world's economy here. If we are not out there competing with those French and German and Japanese and other companies, we are going to lose jobs right here.
A great example is in my own district. Procter & Gamble has about 14,000 jobs in greater Cincinnati. Forty percent of those jobs support international sales. That is where their expansion is right now. Those are the 95 percent of the consumers they have to access to keep jobs in my district. That is what this bill is about. And that is why I think it is so important that we pass it tonight on a bipartisan basis.
I thank the chairman for taking the lemons which were handed to us by the World Trade Organization and by the Europeans who brought that case; and by mixing them together to create lemonade, it will truly help create jobs in this country and help us in terms of our international competitiveness. There is no more important issue, I believe, over the next few decades for us in terms of job creation than being sure we have a strong manufacturing base. That is in the legislation, partly because the gentleman from New York raised that issue over a year ago. And then, secondly, to be sure that our global companies that are out there competing day in and day out to keep U.S. jobs right here in America have the ability to access those consumers overseas. Without it, the standard of living of our kids and our grandkids will not be what we have had. That is why this legislation is good. I congratulate the chairman for his good work in getting it done.
Mr. Speaker, let me just, if I can, respond to the remarks that the gentleman from Arizona (Mr. Hayworth) offered a moment ago. You would have thought he was Robin Hood here at the well. He talked…
Mr. Speaker, let me just, if I can, respond to the remarks that the gentleman from Arizona (Mr. Hayworth) offered a moment ago.
You would have thought he was Robin Hood here at the well. He talked about the tax relief that they are giving to the little guy. The tax relief that this Congress has given now in terms of four tax cuts has overwhelmingly gone to the people at the very top of the income scale in America. But we have an obligation to object not only to the actions but to the rhetoric that was offered a few moments ago.
We are now fighting two wars with four tax cuts. The Republican Party says with a straight face that Social Security has got a problem, after they took $2.2 trillion out of the budget during the next 10 years. Have a $4.5 billion problem here with European Union and our other trading partners? Let us have a $140 billion solution.
Do you know what that is the equivalent of? Using a machine gun to clean the wax out of our ears. That is how far-reaching this is.
Now, just here 3 years ago the gentlewoman from Connecticut (Mrs. Johnson) and a number of us were involved in what I thought was an entirely legitimate campaign to keep Stanley Works in America instead of reincorporating to Bermuda. Well, Stanley Works decided to stay in America. I was reminded of it the other night as I came through the airport in Windsor Locks, Connecticut. Stanley Works, New Britton, an American address.
What does this legislation do to one of its competitors? You grant them a permanent grandfather clause so that they can stay in a foreign tax haven and not be assessed the same obligation that that company that we fought valiantly to keep in America, to keep an American address, is assessed.
My Dad used to have a great line when I was a child when he saw something that was outrageous. He used to simply say, At least Jesse James had enough honor to wear a mask.
What we are seeing here tonight is another giveaway. They are pushing jobs offshore, and what do they wrap themselves in? Patriotism. This is all we hear from them is the line about patriotism, and then we witness the arguments and its aftermath and we know what it is going to be in terms of this argument some sense of justice?
Well, the news media is going to go through this legislation over the course of the next couple of weeks because we all know tonight we would not have a chance to go through the legislation. Heaven forbid that the minority might have an opportunity to look it over, and then the media is going to pick it apart and they are going to look back and say, who was watching in the House?
This is a bad piece of legislation. I close on the remarks I opened with, we are fighting two wars with four tax cuts.
I would like to thank my friend for yielding me this time. Mr. Speaker, if you had a leaky faucet and your plumber told you it was going to cost $150 to fix the leak, you would not go out and put a…
I would like to thank my friend for yielding me this time.
Mr. Speaker, if you had a leaky faucet and your plumber told you it was going to cost $150 to fix the leak, you would not go out and put a $100,000 second mortgage on your house. That is what this bill does. We had a $4 billion problem, a very real and serious problem with respect to trade with our European allies and trading partners. What we now have to fix that $4 billion problem is a $140 billion raid on the Treasury.
I know we are going to be told that this bill is paid for. That is an incredible fiction, it is a delusion, because most of the way this bill is paid for is to assume that the tax breaks that are enacted in this bill will be repealed in a couple of years when they expire. You could make a fair amount of money if gambling were legal betting that that would not happen and it will not happen.
It is bad enough that we are going to reach into the Social Security trust fund again and we are going to reach out to foreign creditors again to borrow the money for these tax breaks; but when you look at what they are for and what they are not for, the bill becomes even more odious. What they are for in large part, $42 billion worth of tax breaks for American firms to support their overseas operations.
I want to repeat that. At a time when virtually everyone except apparently the Secretary of Labor thinks that the outsourcing of jobs is a major problem in this country, this bill is going to borrow $42 billion to reward American companies for creating jobs outside of the United States of America. That is pretty bad. What makes it even worse is the choice that this bill makes not to do as the gentleman from Massachusetts talked about a few minutes ago. There was an effort in this bill to provide tax relief for employers who voluntarily pay full salaries to members of the National Guard and the Reserve serving in Iraq and Afghanistan. So an employer who voluntarily says that he or she is going to keep paying a Guardsmember or a Reservist while he or she is overseas was going to get some help. That was taken out of the bill. What was left in was the tax breaks for the sonar detection of fish.
I have a suggestion, Mr. Speaker, that the sonar detector would very clearly detect a fish here. It is a rotten fish. It does not smell very good at all. This is a bill that borrows money for the wrong reason. The rule should be amended so we could fix these problems in the bill. I oppose the rule and would urge my colleagues on both sides to do so.
Mr. Speaker, we needed to replace FSC, and the chairman knows that the gentleman from Illinois (Mr. Crane) and the gentleman from Illinois (Mr. Manzullo) and the gentleman from New York (Mr. Rangel)…
Mr. Speaker, we needed to replace FSC, and the chairman knows that the gentleman from Illinois (Mr. Crane) and the gentleman from Illinois (Mr. Manzullo) and the gentleman from New York (Mr. Rangel) and I introduced a bill over a year ago. It was before it was loaded up by this House with bills that have nothing to do with this issue. And I read from the letter of Secretary Snow of October 4: ``Both the House and Senate-passed bills include a myriad of special interest tax provisions that benefit few taxpayers and increase the complexity of the Tax Code.'' That is his letter: special interest tax provisions.
We have heard laudatory comments about major provisions, the small business expensing, the ethanol excise tax credit, that is agriculture; the State and local sales tax. I want to ask any Republican who signed the conference report, because these three provisions are sunsetted, will you come to the well and tell the people of this country that you will let the sunset occur. You will not do that.
What is really happening here is that these provisions are sunsetted in order to bring down the cost of this bill. In a real sense, it is not revenue-neutral. Do not say it. Those three provisions alone, $35 billion, $5.9 billion, $25 billion, that is $66 billion more are sure to continue. You laud them; you should have included the cost.
Let me say a word about another way that you brought down the cost, and that is you deferred the effectiveness of several of these provisions, including the interest allocation and the basket provisions. The effect of deferring them is that companies will keep their profits overseas longer, not bring them back home in order to gain the benefit of those tax provisions. In that respect as well as others, you are creating incentives for companies to invest overseas instead of the United States of America. This is a form of outsourcing.
The gentleman from New York (Mr. Reynolds) said that there are proportionately more monies here for U.S. producers. That is not true. The provision of proportionality was stricken from the Senate bill.
Also, when you put together the benefit under the so-called manufacturing provision, $27 billion versus $42 billion for overseas activities, even if that is what you mean by proportionality, there is an incentive here for operations overseas. In a real sense, not only special interest wins, so does outsourcing of U.S. jobs.
Mr. Speaker, we need to go back and do this right.
Mr. Speaker, will the gentleman yield? Mr. Speaker, I rise to engage in a colloquy with the Chairman of the Committee on Ways and Means about the short line railroad incentives. The tax credits in…
Mr. Speaker, will the gentleman yield?
Mr. Speaker, I rise to engage in a colloquy with the Chairman of the Committee on Ways and Means about the short line railroad incentives.
The tax credits in H.R. 4520 will apply to expenditures for maintaining railroad tracks. Does this definition of qualified expenditures include signalization and grade crossing devices and protections?
I thank the gentleman.
Mr. Speaker, I would like to commend Chairman Thomas and the House Ways and Means Committee for bringing the American Jobs Creation Act to the floor. I thank him for his leadership in the U.S. House of Representatives, and for his service to our Nation.
There are many excellent provisions in the bill that will assist expanding businesses, creating jobs and providing tax relief and incentives. One section of this bill provides tax credits as important incentives for investing in our class 2 and 3 railroad infrastructure. Today, short line and regional railroads--such as the Florida East Coast Railroad and the Florida Central Railroad--move freight loads that otherwise would help to clog our region's highways. More than 10,000 American businesses--employing over 1 million Americans--depend on class 2 and 3 rail services. Across the country our roadbeds, bridges and related track structures must be upgraded to ensure that we can continue to move both people and freight, safely and cost- effectively.
However, it is also important that we increase grade crossing protections and improve signalization as part of this effort to invest in our Nation's railroad infrastructure. The tax credits in H.R. 4520 will provide an important tool for increasing capacity on our railways and will help to increase jobs, lower transportation costs, consume less fuel, produce less pollution, and reduce highway congestion and accidents.
Mr. Speaker, H.R. 4520 defines qualified expenditures for maintaining railroad track to include roadbed, bridges and related track structures. It is my understanding that this definition includes signalization and grade crossing devices and protections. These tax incentives will help short line railroads improve our nation's rail infrastructure not only in my congressional district in Florida, but to all parts of our nation.
I urge my colleagues to vote ``yes'' on the conference report.
Mr. Speaker, we are finally bringing to a close a dispute that has lasted not years, but decades. By repealing FSC/ETI, we will bring U.S. law into conformity with the rulings of the WTO and remove…
Mr. Speaker, we are finally bringing to a close a dispute that has lasted not years, but decades. By repealing FSC/ETI, we will bring U.S. law into conformity with the rulings of the WTO and remove sanctions that are now hurting United States workers and companies. We have got to remove these sanctions, and we must do so without delay.
We are doing a lot more in this legislation. The conference report provides a credit for domestic production activities, including software, which is enormously important to the high-tech industry in our State of Washington. It is a critical component that I worked hard on in the Committee on Ways and Means as our committee developed this proposal.
In this bill, we also help millions of our constituents in Washington, Texas, Tennessee, and other States by restoring the deductibility of State sales taxes. But we would not be here without the tireless efforts of the gentleman from Texas (Mr. Brady) and the gentleman from Washington (Mr. Nethercutt). I commend their leadership on this issue.
The legislation also includes relief for reforestation costs to help keep U.S. workers competitive with global and foreign industry. This is a critical reform for the thousands of people that I represent who work in the timber industry.
There is a long list of important reforms in this conference report, Mr. Speaker. It provides transition relief for current users of FSC. It clarifies the safe harbor provision for timber REITs. It will make U.S.-based mutual funds more competitive by suspending the withholding tax for foreign-based investors. And it goes a long way toward updating U.S. tax law and how we treat United States-based companies that operate overseas.
If we hope to continue to attract capital and keep our companies and workers competitive, we must adopt these reforms. The product before us today is the result of years of negotiations between members of the Committee on Ways and Means, among members of both parties, between the House and the Senate, between the White House and the Congress.
Nothing this complex and far-reaching is going to please everybody, but it is far too important a bill with too many critical reforms for this Chamber to reject.
Mr. Speaker, I urge all my colleagues to vote for this excellent bill.
Mr. Speaker, I urge my colleagues to oppose the conference report. This legislation is stuffed with special interest giveaways. It contains billions in undeserved corporate tax breaks. Even foreign…
Mr. Speaker, I urge my colleagues to oppose the conference report. This legislation is stuffed with special interest giveaways. It contains billions in undeserved corporate tax breaks. Even foreign gamblers who make money at dog tracks get a special tax break.
I would like to talk about one of the most egregious provisions in this bill--a $10 billion handout to tobacco growers.
This giveaway enriches hundreds of tobacco quota holders who are already millionaires. Less than 10 percent of those who benefit will take home 67 percent of the money. More than $3 billion will go to people who do not even grow tobacco. Not a dime goes to help rural communities transition away from a tobacco-based economy.
The biggest winner is the tobacco industry itself. When tobacco quotas are eliminated, U.S. production of tobacco leaf will skyrocket, and the prices will plummet. A USDA economist has estimated has estimated that lower leaf prices will generate more than a billion dollars in profits for the tobacco industry each year. This windfall will far outstrip what the companies will pay to quota holders and growers.
What will tobacco companies do with the extra cash? Some will lower prices, attracting more children. Others will expand their advertising and marketing to youth. And without legislation granting authority to the FDA to oversee the tobacco industry, there will be virtually nothing to stop them.
Congress had a historic opportunity to add legislation giving FDA jurisdiction over tobacco to this bill. The FDA provision would have outlawed candy-flavored cigarettes, cigarettes that look like crayons, and other products explicitly designed to appeal to children. It would have provided for strong government oversight of our most deadly consumer product.
But this historic opportunity was squandered. The House leadership chose profits for the tobacco industry over protecting our children from addiction, suffering, and death.
This choice is shameful, and it symbolizes the misplaced priorities of this House.
I urge my colleagues to deny a victory for tobacco companies and stand up for children and families across the country. I urge you to reject this bill and fight for strong government oversight over tobacco products
Mr. Speaker, I rise today to discuss a provision included in the conference report that will clarify an ambiguity in the tax law. While Congress enacts the tax law, the Internal Revenue Service is…
Mr. Speaker, I rise today to discuss a provision included in the conference report that will clarify an ambiguity in the tax law.
While Congress enacts the tax law, the Internal Revenue Service is called upon to provide technical details, filling in gaps and ambiguities so that taxpayers have clear guidelines for compliance. One such case where taxpayers have had to rely on the Service to ``fill in the gaps,'' involves the depreciation treatment of motorsports facilities. Track owners have relied for years, in good faith, on revenue procedures promulgated by the Service to determine that these facilities have a 7-year depreciable life. The Service did not question the track owners' interpretation for two decades, in countless audits and reviews of tax returns. However, within the last two years, the Service has questioned the 7-year classification.
To address this issue, the conferees have included a provision in H.R. 4520 that clarifies that motorsports facilities should be considered 7-year property for depreciation purposes. While the provision is prospective, it also includes language stating that ``nothing in the amendments to this section shall be construed to affect the treatment of property placed in service on or before the date of enactment of this act.'' In light of this ``no inference'' provision, and the policy direction regarding the 7-year classification going forward, I hope that the Service will take an opportunity to pause to reexamine whether it should penalize years of good faith reliance on its own regulations. Taxpayers deserve clarity and certainty in complying with the tax code and its regulations. Good faith reliance that is implicitly approved by the Service should not be punished.
While the provision provides certainty for new investments, it expires on January 1, 2008. I am familiar with the decisions that went into drafting this provision, and Congress agrees such a change should be permanent, but because of revenue constraints we were unable to make the provision permanent in this bill. I urge Congress to revisit this issue as soon as possible to extend the provision, or, ideally, make it permanent. Doing so would provide additional needed clarity for taxpayers.
Mr. Speaker, I rise in opposition to this tax bill, which is full of giveaways and loopholes for the special interest. I wanted to support this bill, I support an across-the-board corporate rate…
Mr. Speaker, I rise in opposition to this tax bill, which is full of giveaways and loopholes for the special interest. I wanted to support this bill, I support an across-the-board corporate rate reduction for income from U.S. manufacturing activities so that more manufacturing jobs are created here in the United States.
Unfortunately, this bill is not about job creation or long-term investment in research. This bill is a laundry list of expensive tax breaks.
Many of my constituents enjoy NASCAR but I do not believe that they want a $101 million tax break for NASCAR, when they are trying to figure out ow to pay for college.
While, some of my constituents have some Chinese ceiling fans, I am sure they would not want a $44 Million tax break for importers of Chinese ceiling fans, when they are trying to pay the mortgage on there homes.
Many of my constituents enjoy target shooting with bow and arrows but do the makers of bow and arrows really need the tax break that this bill provides? And even if they do should they get their tax break before we pass a tax credit for families who are trying to pay for health insurance?
This bill is a textbook example of legislative give away. What started as a modest effort in Congress to replace a $5 billion-a-year export subsidy that the WTO ruled was illegal has turned into a $145 billion, 633-page corporate tax giveaway.
As if all this were not bad enough the conference report uses a large number of gimmicks, such as long phase-ins, sunsets, and changes in scoring rules, fudge its true cost.
We know that this bill will drive us even deeper into debt. And a larger deficit is something we cannot afford. Massive deficits create high interest payments that will crowd out spending on public investments for future generations. Moreover, the resulting high interest rates make it harder for Americans to purchase homes, make college tuition payments or start business ventures.
Voting for this bill would not only be a mistake, it would be grossly negligent. Using scare resources to pay for corporate special interests, tax breaks when we have an enormous budget deficit and unmet needs like homeland security is an abdication of a responsibility to our constituents.
Mr. Speaker, I wonder if the gentleman from California (Mr. Thomas) might respond to a colloquy. I specifically have a question about how to interpret one of the rules contained in section 422 of the…
Mr. Speaker, I wonder if the gentleman from California (Mr. Thomas) might respond to a colloquy. I specifically have a question about how to interpret one of the rules contained in section 422 of the conference agreement.
Would the chairman please clarify what the rule that disallows deductions for expenses ``properly allocated and apportioned to the deductible portion'' of the dividend is intended to cover?
I yield to the gentleman from California.
Mr. Speaker, I thank the gentleman from California.
Mr. Speaker, we have before us a conference report today that repeals the FSC/ETI regime and, while doing so, boldly strengthens our manufacturing sector. Passing this conference report will fulfill our duty to end the punitive job-killing tariffs that are being levied against American products.
Manufacturers in my home State of Pennsylvania are being hard-hit by the tariffs, and that is why ending the tariffs has been a top priority for many of us. The repeal of the export regime also provides us with an opportunity to enact pro-growth, pro-manufacturing policies, resulting in new and higher-paying jobs across the United States. This bill acts on that opportunity and significantly reduces the tax burden on manufacturers in the United States and begins to address the uncompetitive tax system U.S. employers are faced with.
Mr. Speaker, I particularly want to draw attention to one particular job-creating provision in this bill, which mirrors legislation I introduced and will lead to in-sourcing. This provision, known as the Homeland Investment Act, is one of the strongest stimulus proposals brought before Congress in recent years, and I think it is going to have a huge impact. It temporarily reduces the tax rate on foreign earnings of U.S. companies, when that money is brought back to the United States for investment here at home.
The billions of dollars that will be brought back will be used by American employers to hire new workers, invest in top-of-the-line equipment, and build new plants right here at home, instead of in the countries where their earnings are currently stranded. This is critical legislation to rebuild our manufacturing base.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 876 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 876
To amend the Internal Revenue Code of 1986 to provide a credit against
income tax for expenditures for the maintenance of railroad tracks of
Class II and Class III railroads.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2003
Mr. Moran of Kansas (for himself, Mr. Camp, and Mr. Ramstad) introduced
the following bill; which was referred to the Committee on Ways and
Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide a credit against
income tax for expenditures for the maintenance of railroad tracks of
Class II and Class III railroads.
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 ``Local Railroad Rehabilitation and
Investment Act of 2003''.
SEC. 2. CREDIT FOR MAINTENANCE OF RAILROAD TRACK.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. RAILROAD TRACK MAINTENANCE CREDIT.
``(a) General Rule.--For purposes of section 38, the railroad track
maintenance credit determined under this section for the taxable year
is the amount of qualified railroad track maintenance expenditures paid
or incurred by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed under subsection (a) shall
not exceed the product of--
``(1) $10,000, and
``(2) the number of miles of railroad track owned or leased
by the taxpayer as of the close of the taxable year.
``(c) Qualified Railroad Track Maintenance Expenditures.--For
purposes of this section, the term `qualified railroad track
maintenance expenditures' means expenditures (whether or not otherwise
chargeable to capital account) for maintaining railroad track
(including roadbed, bridges, and related track structures) owned or
leased by the taxpayer of Class II or Class III railroads, but only if
the appropriate State official (for the State in which such maintenance
occurs) determines that such expenditures are for an essential rail
upgrade.
``(d) Controlled Groups.--For purposes of subsection (b), rules
similar to the rules of paragraph (1) of section 41(f) shall apply for
purposes of this subsection.
``(e) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to any railroad track, the
basis of such track shall be reduced by the amount of the credit so
allowed.
``(f) Application of Section.--This section shall apply to
qualified railroad track maintenance expenditures paid or incurred
during taxable years beginning after December 31, 2003, and before
January 1, 2009.
``(g) Credit Transferability.--
``(1) In general.--The taxpayer who would (but for this
subsection) be allowed a credit under this section for any
taxable year may transfer such credit to any eligible taxpayer.
Any credit so transferred shall be allowed to the transferee,
but the transferee may not assign such credit to any other
person.
``(2) Eligible taxpayer.--For purposes of this subsection,
the term `eligible taxpayer' means--
``(A) any person who transports property using the
rail facilities of the taxpayer or who furnishes
railroad-related property or services to the taxpayer,
and
``(B) any Class II or Class III railroad.
``(3) Minimum price for transfer.--Paragraph (1) shall not
apply unless the taxpayer receives compensation for the credit
transfer equal to at least 50 percent of the amount of credit
transferred. The excess of the amount of credit transferred
over the compensation received by the taxpayer for such
transfer shall be included in the gross income of the
transferee.''
(b) Limitation on Carryback.--Section 39(d) of the Internal Revenue
Code of 1986 (relating to transition rules) is amended by adding at the
end the following new paragraph:
``(11) No carryback of railroad track maintenance credit
before effective date.--No portion of the unused business
credit for any taxable year which is attributable to the
railroad track maintenance credit determined under section 45G
may be carried to a taxable year beginning before January 1,
2004.''.
(c) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986
(relating to general business credit) is amended by striking
``plus'' at the end of paragraph (14), by striking the period
at the end of paragraph (15) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(16) the railroad track maintenance credit determined
under section 45G(a).''.
(2) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (27), by striking
the period at the end of paragraph (28) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(29) in the case of railroad track with respect to which
a credit was allowed under section 45G, to the extent provided
in section 45G(e).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45F the
following new item:
``Sec. 45G. Railroad track maintenance
credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
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