Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to the legislation before us today and urge all of my colleagues to vote against it today. Most critically,…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to the legislation before us today and urge all of my colleagues to vote against it today.
Most critically, the bill claims to be a package of tax extenders, but fails to deal with the biggest and most pressing extender in the code, the AMT patch, the alternative minimum tax patch. This is a missed opportunity. We should have included that in this bill of other expiring provisions in the code.
The majority's failure to extend this patch for 2008 would mean an additional 21 million--mostly middle class--individuals and families would be ensnared by the alternative minimum tax. As a result, affected families will pay an additional $61.5 billion in taxes for this year. This oversight--this neglect, I think--is the single largest flaw in the bill.
The majority, I'm sure, will claim during today's debate, just as they did during committee markup, that they will address the AMT before adjourning this year, just not now. Surely our experience from 2007, when the AMT patch wasn't enacted until the day after Christmas, suggests that maybe we ought to begin acting on this now and not just run down the shot clock. Mr. Speaker, it simply does not make sense to vote to extend dozens of tax provisions, some for several years, without also dealing with the biggest and most far-reaching expiring provision, the AMT patch.
The bill also clings to the mistaken view that the House's PAYGO rules require us to raise taxes in order to prevent tax increases. I was pleased last year that, when the House finally did pass the AMT patch, we recognized the foolishness of applying PAYGO to expiring tax provisions, and I'm disappointed that that bipartisan approach is not being followed here today.
Simply put, we shouldn't have to pay to extend current law. This is not paying for a new tax cut in the main. Most of this bill is extending current law.
As we stare at the prospect of a more than $3.5 trillion tax increase baked into the budget by the majority's misguided PAYGO rules, I think it will become even more obvious in the years to come why Congress should not have to raise taxes to prevent a tax increase.
If the majority was ever willing to offset tax provisions with spending cuts, I might view this a little differently. But this bill shows once again that the only tool the majority has to meet its PAYGO requirements is the hammer of tax increases. It's little wonder, then, that to them every problem looks like a nail.
As I documented many times last year and during our committee markup last week, Washington doesn't have a revenue problem. We're getting enough revenues. We're already collecting more in taxes as a percent of our GDP than the historical average of revenues coming into Washington. That's not the problem. The problem is spending. So how many times have we had PAYGO rules be adopted and followed in this House using spending cuts to pay for extending current tax law? Zero.
Mr. Speaker, the continued use of tax increases to pay for extending current law is unacceptable to this ranking member of the Ways and Means Committee, and I hope will be objectionable to a majority of the Members of this House. In fact, this bill not only contains tax cuts, it actually does increase spending. There are items in this bill that score as spending--expanding refundable tax credits, the New York Liberty Zone project. Those score as spending. So we're increasing spending in this bill, and we're paying for that with tax increases.
In addition to those two provisions, the bill contains numerous other new temporary and permanent provisions, undermining the claim that the bill is merely extending current law. Some of the new provisions might be meritorious, but a few of those I think deserve closer examination.
For example, some of my colleagues may be surprised to know that there is a nearly $1.6 billion special tax break for trial lawyers in this bill. The provision overrides developing case law and lets lawyers using certain types of contingency fee arrangements to deduct sooner their expenses. CBO's Joint Tax Committee scores this as costing the taxpayers $1.6 billion over the next 10 years. Now, this provision was not the subject, that I'm aware of, of any hearings or examination by the committee, and yet it's in this bill today.
I would hope that before we make such a significant change in tax law costing taxpayers $1.6 billion, all going to one very narrow set of people in this country, trial lawyers, that we would want to have a hearing on that and flesh it out to see if maybe it could be crafted better, or whether, in fact, it's of any value at all to the country.
This bill also revisits the ``green pork'' tax credit bonds that were much discussed during the energy debate in 2007. These are the same bond proceeds, remember, that could be used for all sorts of dubious projects, maybe hybrid snowmobiles in Aspen, or maybe a new Wal-Mart with a couple of solar panels out front.
State and local governments using the bond proceeds don't even have to certify that the projects will reduce fossil fuel consumption or greenhouse gas emissions. Unfortunately, the majority rejected a sensible fix for this oversight when this was offered last year.
We know how this is all going to end. It will end with the passage of an AMT patch without offsets, like last year, and probably many extenders being approved without tax increases. More than 40 Senators have signed a letter pledging to oppose a package such as the one before the House today. And even if it somehow squeaks by the Senate, the President has indicated he would veto this bill.
Mr. Speaker, it's unfortunate that the majority has chosen against moving a bill on expiring provisions that could have had bipartisan support and instead have opted for the measure before us.
Given that its fate has already been sealed--it won't become law--I am comforted to know that we will have another chance to consider this legislation this year. I hope it's sooner rather than later so that we're not here in December once again scrambling to deal with these issues.
We can do better than what's before us today. Let's get rid of this, start over, and bring a good bill back.
Mr. Speaker, I reserve the balance of my time.
General Leave
Mr. Speaker, in fact, I agree with much of what the gentleman just said. I'm happy to hear him endorse many provisions that we, I think wisely, put into the Jobs bill several years ago when we were in the majority. So it's not those provisions that I oppose, it's the tax increases in the bill to pay for just extending current law that I'm opposed to. And I want to make that clear. I like the provisions the gentleman mentioned.
At this time, Mr. Speaker, I would yield 2 minutes to the ranking member of the Trade Subcommittee of the Ways and Means Committee, the gentleman from California (Mr. Herger).
Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Michigan (Mr. Camp), the ranking member of the Health Subcommittee on the Ways and Means Committee.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Brady), a distinguished member of the Ways and Means Committee.
I yield the gentleman an additional 30 seconds.
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Indiana (Mr. Burton).
Mr. Speaker, I yield the gentleman an additional 30 seconds.
Mr. Speaker, I yield 3 minutes to the distinguished minority whip, the gentleman from Missouri (Mr. Blunt).
Mr. Speaker, I yield myself such time as I may consume.
I assure the gentleman from Illinois that despite the fact there might be 9,300 permits to drill out there that aren't being utilized, I am sure there are good reasons for not utilizing those permits. I can assure the gentleman that if we opened up ANWR, if we opened up the Continental Shelf and more parts of the Gulf of Mexico, we would have domestic oil companies taking advantage and drilling to produce.
I would be happy to yield.
I don't agree with that.
Reclaiming my time, I don't quarrel that that may be correct. But it's beside the point. There may be legitimate reasons why those particular permits are not being utilized. But the fact is, by law our companies cannot drill in ANWR, they cannot drill in the Outer Continental Shelf beyond a few areas in the Gulf of Mexico. And that is wrong.
Look, my 14-year-old son this morning, I am driving him to school and the radio report came on that oil hit $130 a barrel, and my son says, Dad, why don't we just tell OPEC to produce more oil? Well, he's a pretty smart kid. That would help. But I said, Son, if we told OPEC to drill for more oil and then they turned it around and said, Well, why doesn't the United States drill for more oil.
No, I've already given you some time.
What if they told us, Why doesn't the United States drill for more oil, what would our answer be? We don't know, because Democrats for years have blocked every sensible environmentally sound plan to explore and develop known resources here in this country, and that is a shame. We ought to have a balanced energy policy. Yes, alternative sources that we Republicans put in legislation several years ago, passed the bill, I believe, in 2005, and began a lot of these credits that we are extending today. We agree with that.
Let us develop the resources we know we have, the proper fuel resources that can help immediately.
Thank you, Mr. Speaker.
I yield 2 minutes to the gentleman from Nebraska (Mr. Terry).
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, if my good friend Mr. Larson's description of the tax increase in the bill were correct, I wouldn't have any quarrel with it. However, the provision affects more than just offshore hedge fund managers. It affects any employee working for a company based offshore in any business. So it is much broader than the gentleman described, and that is the main reason that I oppose that provision in its current form.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, since the majority has so much more time left than the minority, I would reserve the balance of my time.
May I inquire as to the remaining time.
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Texas (Mr. Hensarling).
Mr. Speaker, I yield 1 minute to the distinguished gentleman from Georgia, Dr. Price.
Mr. Speaker, I have no further requests for time, and I would reserve the balance of my time to close on our side.
Mr. Speaker, let me close today by simply saying that we don't object to the main body of the bill, the extensions of the expiring provisions of the Tax Code. After all, those were provisions that we put in the Tax Code when we were in the majority. That is not the point.
The point is that if we follow the PAYGO rules that require these existing provisions of law to be paid for if they are extended just amounts to a built-in tax increase. If we are already bringing in to the Federal Government more money as a percent of GDP than we historically have with all these provisions in place, what sense does it make to raise taxes just to keep them in place? It doesn't make sense, unless you simply want to raise more revenue for the central government in this country, grow the government even more.
So, Mr. Speaker, with all due respect to those who have spoken so eloquently on the merits of the expiring tax provisions, I agree with that. But to hold to the PAYGO provisions that require the offsets in this bill would lead us to a huge tax increase over the next 10 years.
Mr. Speaker, I have a motion to recommit at the desk.
Mr. Speaker, this is a straightforward motion that offers Members of this House a simple choice. Are you in favor of long- term extensions of these expiring tax provisions and extending the all- important AMT patch, without raising taxes?
As we have discussed at length here today, the majority's bill unwisely adheres to their ill-advised PAYGO rules. Thus, they have once again found themselves boxed in a corner, scouring the Tax Code for ways to fuel their agenda. Whether that agenda involves additional spending, new tax incentives, or even just extensions of the low-tax policies that Republicans originally enacted during our time in the majority, the Democrat solution seems to always be the same: tax, tax, tax.
Today's bill is no different. While there is virtually no disagreement in this House that the expiring tax reductions contained in the underlying legislation need to be renewed, the two parties seem to have a major disagreement about whether revenue-raisers should be necessary to pay for them. The majority's bill represents a clear choice in favor of higher taxes. Our motion to recommit, on the other hand, represents a clear choice in favor of extending current tax relief, without offsetting tax increases.
Unlike the bill brought forward today by the majority, Mr. Speaker, which contains $55.5 billion in revenue-raisers, our motion contains no--repeat, no--tax increases. Democrats were wrong to propose these sorts of offsetting tax hikes last year, and they're wrong again today. If they stick with their misguided PAYGO rules, they'll be wrong again in 2010 as well, when a huge number of critically important tax policies, ranging from the expanded $1,000 child credit to the lower rates on dividends and capital gains and lower individual rates will expire. And the majority's PAYGO logic will then require more than a $3.5 trillion tax increase simply to maintain current law. But that's where PAYGO will take us.
This motion to recommit offers us a different path, Mr. Speaker. Not only does our motion reject the majority's tax hikes, it extends the bill's positive provisions for considerably longer than the underlying bill does. Indeed, our motion extends the package of expiring provisions, including all the expiring energy tax provisions, through 2013.
So if you support the deduction for State and local sales taxes, here's your chance to extend it for 6 years, not just 1. If you support the research and development tax credit, here's your chance to extend it for 6 years, not just 1.
In short, if you want to extend all of the important low-tax policies that expired last year--as well as the energy extenders that are set to expire just months from now--on a long-term basis, here's your chance.
This motion also gives Members the opportunity to extend one final crucial provision that has gone completely unaddressed by the majority: the AMT patch. As we've highlighted throughout today's debate, the majority's legislation is deafeningly silent on the urgently needed AMT patch. Their bill's failure to patch the AMT for 2008 means that more than 25 million middle class individuals and families are in line for a $61.5 billion tax hike next April, an average tax increase for those families of more than $2,400 per taxpayer.
Our motion does what everyone knows must be done. It patches the AMT for 2008, and it does so early in the year to help ensure that we avoid a repeat performance of the legislative meltdown engineered by the majority last year, which prevented the 2007 patch from being enacted until the day after Christmas. We need to patch the AMT and we need to patch it now. This motion gives us that opportunity.
I will close, Mr. Speaker, with just a word about process. I suspect that we'll hear from our friends on the other side that this motion will kill the bill. Well, Mr. Speaker, I would submit to you that you can't kill a bill that's already dead. This bill is dead on arrival in the other body, Mr. Speaker. Forty-one Senators signed a letter last month pledging to oppose tax bills that contain revenue-raising offsets.
On the very same day that our committee, the Ways and Means Committee, reported out this bill last week, our colleagues across the Capitol passed a motion on the Senate floor instructing Senate conferees on the budget resolution to reject the House's plan to raise $110 billion in taxes in order to pay for the extension of expiring provisions, including the AMT patch.
And, Mr. Speaker, even if this legislation somehow got through the Senate, the President has indicated he would veto the bill.
You can't kill a bill that's already dead, Mr. Speaker. So let's use this motion to recommit to revive this bill, send it back to committee so that we can do our work in a bipartisan way, and get a bill passed and to the President that he will sign.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.