Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 616 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 616 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Hastings), 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.
General Leave
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks.
Mr. Speaker, H. Res. 616 provides for consideration of three important bills. The first, H.R. 4800, the Agriculture Appropriations Act for fiscal year 2015, will ensure continued operations for those Federal agencies responsible for monitoring the health and safety of our food and drug supplies. H.R. 4457, America's Small Business Tax Relief Act of 2014, and H.R. 4453, the Permanent S Corporation Built-in Gains Recognition Period Act of 2014, are two critical pieces of tax legislation that will give certainty to the small business community, making permanent two pieces of our Tax Code which Congress has had to continually renew annually for decades. Making these tax credits permanent will allow businesses to look out for more than a year ahead and to actually evaluate their economic situations, allowing for those businesses to make staffing and investment decisions for the long term rather than just the short term.
The rule before us today provides for a modified open rule for H.R. 4800. This allows all Members to offer any amendments to the bill that they may choose. The Speaker is committed to completing as many appropriations bills under regular order as possible.
The rule before us formalizes the same unanimous consent agreement that was entered into during the consideration of the CJS appropriations bill, which streamlines the debate, providing for 10 minutes of debate on every amendment offered on the bill. However, in no way does this rule restrict Members from offering any and all amendments to the underlying bill.
The rule further provides for the consideration of both H.R. 4457, America's Small Business Tax Relief Act of 2014, and H.R. 4453, the Permanent S Corporation Built-in Gains Recognition Period Act of 2014, both under a closed rule. By bringing these two bills here today, Members will be allowed to debate the policy of each of these tax provisions individually rather than as a single omnibus tax extender legislation hurriedly passed at the end of the year that would not allow Members to weigh in on each separate extender as this process does.
H.R. 4800, the Agriculture and Related Appropriations Act for fiscal year 2015, provides almost $21 billion for the department agencies funded in the bill. This is funded at the same level as fiscal year 2014 and $457 million above the President's request. The bill provides critical funding for agricultural research; animal and plant health; conservation programs; the Farm Service Agency; rural development, including infrastructure and food safety inspection; the Food and Drug Administration; the Commodity Futures Trading Commission; and the food and nutrition programs, including child nutrition, the Supplemental Nutrition Assistance Program, and WIC, the program for women, infants, and children.
Of particular importance to the work I have been involved with on the Energy and Commerce Committee, the agriculture appropriations bill provides over $2.5 billion in funding to the Food and Drug Administration. In addition, the bill allows for the collection of user fees cumulatively, amounting to overall discretionary funding of $4.5 billion in the FDA.
These dollars serve an important mission. From drug and device approval to food safety, the Food and Drug Administration is at the regulatory forefront of protecting the Nation's health, but it also acts as the doorway for new treatments and cures. From basic research to cutting-edge treatments, America has led the way in opening new fields of discovery and taking medicine to boundaries that I could not have imagined during my medical training or career, yet we have barely scratched the surface of medical breakthroughs that are over the horizon. And believe it or not, there are only hundreds of treatments for diseases that afflict us and thousands still without any treatment at all, let alone a cure.
Will the United States continue to be the home for the latest inventions? If the answer to that is yes, the Food and Drug Administration will be a key part of the future.
Patients and innovators are on the front lines in the fight against diseases like Alzheimer's and cancer, yet their voices are not always heard. Bureaucratic rules have stood in the way of innovation. Some estimates show that medical devices may be approved almost 4 years earlier in Europe than in the U.S.
In 2012, the President's Council of Advisors on Science and Technology recommended ``encouraging innovation'' as part of the FDA's mission statement in order to ensure that the FDA understood its role in helping new innovative treatments reach patients.
However, the true impact of the medical device, pharmaceutical, biologic, and generic drug industries in the United States is that they are partners in providing our physicians and practitioners with the tools that they need to prevent disease and alleviate human suffering.
The Food and Drug Administration must have the infrastructure and programs in place to ensure all innovations are dealt with in a fashion that ensures safety for the patient, as well as a straightforward and predictable and streamlined approval process. The Food and Drug Administration can continue to streamline the approval process of single-molecule drugs with which they have the most regulatory experience, but if we can't handle the fundamentals, then we have got a big problem.
Congress has taken several bipartisan actions in the last few years to break down the barriers to health innovation, and the Food and Drug Administration will and has seen changes as a result. The funding provided will continue to move these reforms along, but as report language notes, there is a great deal of work that remains to be done.
For the good of patients and to retain our global leadership and the economic benefits that come with it, it is time to breathe new life into the life sciences sector. As a physician, I understand the importance of ensuring that the government has the resources to lead to the next generation of treatments in the 21st century while also ensuring that those treatments are safe and effective. The bill will ensure that the Food and Drug Administration has the scientific and medical expertise that they need when reviewing products utilizing emerging science by providing adequate resources in a challenging fiscal environment.
After the successful passage of the farm bill this year, the next step in that process is to fund those programs. H.R. 4800 achieves that goal.
And I will add, I was disappointed to see that the Healthy Food Financing Initiative, to bring grocery stores and fresh food to underserved communities, was not funded in this appropriations bill even after the House resoundingly defeated an amendment to strip the program from the farm bill, showing that this body overwhelmingly supports this initiative. I understand that an amendment to fix this oversight will be offered during consideration of the bill, and I hope that something can be worked out.
The two tax bills before us today are, again, critical to give small businesses stability and the ability to look beyond the end of each calendar year in making decisions for their companies. Extending these provisions today will be a boost to our economy.
H.R. 4457, America's Small Business Tax Relief Act of 2014, would make permanent a provision within the Tax Code that allows annual investments of depreciable business property up to $500,000 to be expensed. Further, computer software and rules for the expensing of qualified real property--leasehold improvement, restaurant and retail improvement property--can also be written off as well.
The present tax system harms investment in many ways. One of the most important is that, unlike other expenses, businesses must deduct capital expenses--such as for business equipment--over many years rather than the year the expense is incurred. This raises the cost of capital and reduces investment. H.R. 4457 would go a long way to reverse this trend.
Likewise, the other two tax extenders that we are voting on today deal with S corporations or pass-through corporations. These corporations elect not to pay any Federal corporate taxes and, instead, pass corporate income, losses, and deductions and credits through to their shareholders.
H.R. 4453, the Permanent S Corporation Built-in Gains Recognition Period Act of 2014, makes permanent an expired tax break that would enable businesses set up S corporations to shrink the window that they have to hold built-in gains from 10 years to 5.
H.R. 4454, the Permanent S Corporation Charitable Contributions Act of 2014, would make permanent the tax rule requiring an adjustment to the basis of a shareholder's stock in an S corporation if the corporation makes tax-deductible charitable donations.
Recently, the House passed a permanent tax credit for corporate research and development. Sixty-two Democrats voted against the measure. Their reasoning, as far as I can tell, was not against the policy, but it was the fact that the measure was not offset. However, offsets are something in Congress that we need when we are creating new programs or allocating money not previously appropriated, essentially making the American people pay more in taxes. Offsets are unnecessary and not needed when, in fact, we are shielding the American people from being taxed.
Moreover, we heard last night in the Rules Committee, and I suspect we will hear it again today on the floor, about the fact that the two tax-related bills before us today in this rule are not offset. Congress only needs to pay for tax credits if one subscribes to the belief that all money in the country--all money in the country--belongs first to the government rather than the people. I reject this mind-set. Congress does not need to justify or offset not taking more money from the American people; Congress needs to justify and pay for policies that take money from the American people.
Indeed, every member of the Rules Committee on the minority side has voted at least three times to extend these very provisions without having any sort of offset. President Obama, himself, signed those three extensions of these provisions into law, all done without offsets. Senator Wyden, who has been working on a larger tax extender bill in the Senate has included the same PAYGO language that is included in these bills before us in this legislation. To make hay about this issue, which is truly much ado about nothing, is to play politics with taxpayers and our economy, and the Republican majority in this House will not play along.
In the absence of a larger, comprehensive tax reform package, permanent extenders like these are common sense. They bring back stability and certainty to businesses that are constantly waiting at the end of every calendar year to see if Congress will retroactively act to provide that tax relief.
I encourage my colleagues to vote ``yes'' on the rule and ``yes'' on the underlying bill, and I reserve the balance of my time.
Mr. Speaker, I yield myself 1 minute for the purpose of a response.
In the 111th Congress, the final 2 years of Representative Pelosi's time as Speaker, 2009 to 2010, this House never considered a single bill under an open rule. Let me state that again: 2009 to 2010, the 111th Congress, Speaker Pelosi was Speaker, the House never considered a single bill under an open rule.
Mr. Speaker, I would submit, that is the definition of a closed process.
I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, first off, I just want to reference something on Speaker John Boehner's Web site.
John Boehner took the Speaker's gavel in January of 2011,
promising to run a more open U.S. House of Representatives
than his predecessor. In the 3\1/2\ years since then, Speaker
Boehner has made good on that pledge by allowing more
amendments and a steady stream of ``open rules,'' while the
Democratic-controlled United States Senate, under Majority
Leader Harry Reid, has gone in the other direction.
One congressional expert calls open rules, which allow
Members to freely offer amendments of essentially any nature
during the consideration of a given bill, ``essential for
fair consideration of legislation on the House floor.
Under Boehner's leadership, Members on both sides of the
aisle have been allowed to offer significantly more
amendments, and the House has operated under far more open
rules than were allowed under the previous Democratic-
controlled House.
The final years of the Pelosi-run House were a tour de
force in closed government. During the final 2 years of
Representative Pelosi's time as Speaker, the House never
considered a single bill under an open rule. Some Members of
Congress served their entire House careers under Speaker
Pelosi without ever operating under an open rule.
Mr. Speaker, on the issue of so-called immigration reform, the administration has done more to distance and set back any policy in that direction.
Why do I say that? The reason is the unintended effects of their policies to send a message worldwide to those that come here by any method possible, and we will not prosecute, we will not send you back.
As a consequence, we have got an issue on the border of our State in Texas that is, at the same time, both heartbreaking and frightening, with underage children literally being shoved across the border.
Mr. Speaker, what does it say when an 8-year-old child can cross our border illegally? Who else is getting in, if 8-year-olds are able to come across this porous border that the administration has opened up?
I yield to the gentleman.
Reclaiming my time, I would just point out that those conditions the gentleman referenced that might cause a child to be frightened existed 4 years ago, existed 3 years ago, but there has been a dramatic change in the past 2 years.
I believe that change is directly attributable to the policies of the administration when they went around the United States Congress to unilaterally alter the United States immigration laws, which specifically, in the Constitution, is a legislative branch requirement.
Mr. Speaker, today's rule provides for the consideration of three important bills: H.R. 4800, the Agriculture Appropriations Act for fiscal year 2015; H.R. 4457, America's Small Business Tax Relief Act of 2014; and H.R. 4453, the Permanent S Corporation Built-In Gains Recognition Period Act for 2014.
The rule is fair and important for us to move forward on the debate on these pieces of legislation.
The material previously referred to by Mr. Hastings of Florida is as follows:
An amendment to H. Res. 616 Offered by Mr. Hastings of Florida
At the end of the resolution, add the following new
sections:
Sec. 4. Immediately upon adoption of this resolution the
Speaker shall, pursuant to clause 2(b) of rule XVIII, declare
the House resolved into the Committee of the Whole House on
the state of the Union for consideration of the bill (H.R.
4582) to amend the Higher Education Act of 1965 to provide
for the refinancing of certain Federal student loans, and for
other purposes. The first reading of the bill shall be
dispensed with. All points of order against consideration of
the bill are waived. General debate shall be confined to the
bill and shall not exceed one hour equally divided among and
controlled by the chair and ranking minority member of the
Committee on Education and the Workforce and the chair and
ranking minority member of the Committee on Ways and Means.
After general debate the bill shall be considered for
amendment under the five-minute rule. All points of order
against provisions in the bill are waived. At the conclusion
of consideration of the bill for amendment the Committee
shall rise and report the bill to the House with such
amendments as may have been adopted. The previous question
shall be considered as ordered on the bill and amendments
thereto to final passage without intervening motion except
one motion to recommit with or without instructions. If the
Committee of the Whole rises and reports that it has come to
no resolution on the bill, then on the next legislative day
the House shall, immediately after the third daily order of
business under clause 1 of rule XIV, resolve into the
Committee of the Whole for further consideration of the bill.
Sec. 5. Clause 1(c) of rule XIX shall not apply to the
consideration of H.R. 4582.
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Republican majority agenda and a vote to allow
the Democratic minority to offer an alternative plan. It is a
vote about what the House should be debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives (VI, 308-311), describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused,
the gentleman from New York, Mr. Fitzgerald, who had asked
the gentleman to yield to him for an amendment, is entitled
to the first recognition.''
The Republican majority may say ``the vote on the previous
question is simply a vote on whether to proceed to an
immediate vote on adopting the resolution . . . [and] has no
substantive legislative or policy implications whatsoever.''
But that is not what they have always said. Listen to the
Republican Leadership Manual on the Legislative Process in
the United States House of Representatives, (6th edition,
page 135). Here's how the Republicans describe the previous
question vote in their own manual: ``Although it is generally
not possible to amend the rule because the majority Member
controlling the time will not yield for the purpose of
offering an amendment, the same result may be achieved by
voting down the previous question on the rule . . . When the
motion for the previous question is defeated, control of the
time passes to the Member who led the opposition to ordering
the previous question. That Member, because he then controls
the time, may offer an amendment to the rule, or yield for
the purpose of amendment.''
In Deschler's Procedure in the U.S. House of
Representatives, the subchapter titled ``Amending Special
Rules'' states: ``a refusal to order the previous question on
such a rule [a special rule reported from the Committee on
Rules] opens the resolution to amendment and further
debate.'' (Chapter 21, section 21.2) Section 21.3 continues:
``Upon rejection of the motion for the previous question on a
resolution reported from the Committee on Rules, control
shifts to the Member leading the opposition to the previous
question, who may offer a proper amendment or motion and who
controls the time for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Republican
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.