Investing In American Jobs And Closing Tax Loopholes Act Of 2010
Mr. Speaker, I yield myself such time as I may consume. (Mr. CAMP asked and was given permission to revise and extend his remarks.) It has been nearly 1\1/2\ years since the President signed the $1 trillion stimulus bill into law, and now…
Mr. Speaker, I yield myself such time as I may consume.
(Mr. CAMP asked and was given permission to revise and extend his remarks.)
It has been nearly 1\1/2\ years since the President signed the $1 trillion stimulus bill into law, and now the majority has come up with a new ``Make It in America'' agenda, which begs the question, if the stimulus was such a success, why don't we already make it in America?
The facts are that, after stimulus, the unemployment rate continues to hover near 10 percent, well above the 8 percent we were promised. Instead of creating or saving 3.7 million jobs, over 2.6 million private-sector jobs have been lost, including over 707,000 manufacturing jobs, and nearly 100,000 in my home State of Michigan. Overall, 47 out of 50 States have lost jobs.
Now we used to make it in America. And if Democrats would stop passing bills that spend more money on State and local governments and instead focus on small businesses, we might actually see the real sustained private-sector job creation Americans need.
In fact, I submit for the Record a letter here from the United States Chamber of Commerce, the world's largest business federation, representing more than 3 million businesses. They oppose this bill. Let me just read you what that letter says, what real job creators think about this bill.
The Chamber says this bill ``would impose draconian tax increases on American worldwide companies that would hinder job creation, decrease the competitiveness of American businesses, and deter economic growth.''
I want to repeat that.
This bill ``would impose draconian tax increases on American worldwide companies that would hinder job creation, decrease the competitiveness of American businesses, and deter economic growth.''
That's right. This bill raises taxes on employers during a recession, making it tougher for Americans to find needed work. You cannot expect to increase jobs in this country when you are increasing taxes. It just doesn't work. That is exactly what the majority is proposing to do in this bill.
Now, this bill does closely resemble a bill the majority has already pushed through the House once before, H.R. 4849, the so-called Small Business and Infrastructure Jobs Tax Act of 2010. At the time, I said the bill was more about small governments than it was about small businesses since most of the bill was about getting aid to State and local governments instead of helping small businesses.
Like H.R. 4849, the vast majority of spending in the bill today--a whopping $25.6 billion over 11 years--goes to State and local governments through various infrastructure incentives. These include a substantial increase in spending on the Build America Bonds program, a heavily subsidized spending program providing direct payments to State and local governments that issue these bonds.
Small governments are not small businesses, and they do not create the kind of private sector jobs we need. Unlike H.R. 4849, however, the Democrats didn't even bother to provide token tax relief for small business in this bill.
In case you need more evidence that this bill isn't about helping U.S. employers or about helping Americans find jobs, just look at the extra $5 billion in welfare spending in this bill. It is so much money that the CBO, the nonpartisan Congressional Budget Office, says the States won't even be able to spend all of it. Democrats claim this spending is for jobs, but 75 percent of these welfare emergency funds that were already given to States have been spent on more welfare checks, not on jobs.
Chamber of Commerce of the
United States of America,
Washington, DC, July 28, 2010.
To the Members of the U.S. House of Representatives: The
U.S. Chamber of Commerce, the world's largest business
federation representing the interests of more than three
million businesses and organizations of every size, sector,
and region, opposes H.R. 5893, the ``Investing in American
Jobs and Closing Tax Loopholes Act of 2010,'' which would
impose draconian tax increases on American worldwide
companies that would hinder job creation, decrease the
competitiveness of American businesses, and deter economic
growth.
This legislation contains numerous changes to longstanding
U.S. international tax law which are severely detrimental to
American worldwide companies. For example:
Denial of foreign tax credit with respect to foreign income
not subject to U.S. taxation by reason of covered asset
acquisitions--This provision relates primarily to Sec. 338,
which allows taxpayers the ability to characterize stock
acquisitions as asset acquisitions for U.S. tax purposes. An
acquisition can be concluded as either a share acquisition or
an asset acquisition. Acquisitions by American worldwide
companies are good for the U.S.
economy--they provide additional jobs and broaden the U.S.
tax base. Section 338 recognizes the inherent challenges and
obstacles to asset acquisitions and, in effect, levels the
playing field, allowing taxpayers the ability to choose the
tax implications of an acquisition, regardless of the
willingness of a seller to agree to one form or the other of
a particular deal. Moreover, Sec. 338 unquestionably serves
to encourage acquisitions by American worldwide companies by
minimizing the competitive advantage that certain foreign
competitors enjoy due to the participation exemption systems
in which most are headquartered. This legislation would
significantly strip away the benefits of Sec. 338 and would
likely serve to further impede any competitive advantages of
American worldwide companies in their bids for foreign
targets.
Limitation on the use of Sec. 956 for foreign tax credit
planning (i.e., the ``hopscotch'' rule)--Section 956, a
longstanding provision of the Code, allows companies to
repatriate cash to the United States in a tax-efficient
manner. Foreign business acquisitions generally result in a
series of intermediate foreign holding companies which block
the repatriation of earnings for a variety of reasons such as
local statutory earnings deficits or other local restrictions
on actual dividends. American worldwide companies have had
the ability to overcome such obstacles through the use of
Sec. 956. This provision was particularly beneficial during
the recent economic downturn and ensuing credit crunch when
it was necessary for American worldwide companies to
repatriate significant funds in order to meet the financial
needs of their U.S. businesses. The revenue raising estimate
for this provision seems to assume that taxpayers would
simply bear the additional cost of the provision. However,
the Chamber believes that most taxpayers, given the choice,
would choose simply to not repatriate the earnings.
Therefore, the legislation's proposed change to Sec. 956
would significantly reduce the repatriation of foreign
earnings that otherwise might have been repatriated to the
United States. That is a poor option if Congress seeks to
enact provisions which stimulate economic growth and drive
job creation.
The Chamber strongly opposes H.R. 5893 because this
legislation would make significant changes to U.S.
international tax law which would stifle job creation and
stunt economic growth. The Chamber may consider votes on, or
in relation to, this issue in our annual How They Voted
scorecard.
Sincerely,
R. Bruce Josten,
Executive Vice President, Government Affairs.
I urge my colleagues to vote ``no'' on increasing taxes on American employers and on increasing taxes on American jobs and to vote ``no'' on this legislation.
I reserve the balance of my time.
I yield myself such time as I may consume.
Mr. Speaker, the liberal Center on Budget and Policy Priorities said that these welfare emergency fund jobs only last as long as the funding does. Frankly, nearly half of the ``jobs'' Democrats claim have been created are summer jobs, which are either over or are about to be. Let me just say that it is pretty well-known here that Governors of every political stripe are obviously looking to the Federal Government for cash, but the fact is we are broke.
At this time I yield 2 minutes to a distinguished member of the Ways and Means Committee, the gentleman from California (Mr. Herger).
I yield 2 minutes to the gentleman from Louisiana (Mr. Boustany), a distinguished member of the Ways and Mean Committee.
I yield the gentleman an additional 30 seconds.
I yield myself 15 seconds.
Look, 47 out of 50 States have lost jobs. If there was such great job creation because of the stimulus bill, why have we seen the unemployment rate continue to hover around 10 percent?
And, frankly, any minor reductions in it are because people have stopped looking for work.
I yield 3 minutes to the gentleman from Illinois (Mr. Roskam), a distinguished member of the Ways and Means Committee.
At this time I yield 2 minutes to the gentleman from California (Mr. Daniel E. Lungren).
I yield the gentleman an additional 30 seconds.
I yield myself such time as I may consume.
I agree with my friend. It's not complicated. American employers say this bill will kill jobs. Look, the Democrats promised the stimulus would create millions of jobs. It hasn't. They promised it would create 3.7 million jobs. Well, that hasn't occurred.
Instead, since the stimulus, through June of 2010, the U.S. has lost 2.6 million more private sector jobs, leaving Americans to ask: Where are the jobs? Forty-seven out of 50 States have lost jobs. No wonder more Americans think Elvis is alive than believe the stimulus created jobs.
Democrats promised the stimulus would keep unemployment below 8 percent. It hasn't. Instead, unemployment has reached 10 percent and remains stuck near at that level today.
And in addition to that high official unemployment, over 3 million other Americans are simply dropped out of the labor force, what some call the missing unemployed. And the flood of deficit spending from Democrats' policies have driven the debt to an astonishing $13 trillion. The debt is so huge, it is already hurting job creation.
Using the administration's own forecasts, the surge in debt caused by the stimulus and other Democrat policies has already destroyed 1 million jobs. Unemployment and debt have soared by a combined 60 percent since the President took office. That's an Obama misery index that reflects current and future damage caused by Democrats' failed policies.
And while the job situation seems to have finally stopped getting worse, the trickle of private sector job creation in 2010 is so anemic that, at the current rate, it would take until 2017 to recover the jobs lost during this recession. That's longer than it took to recover jobs during the Depression in the 1930s. Others say it could take as long as until 2021 to get employment back to prerecession levels
However, the Democrats' agenda has helped one industry--government. Managing all of that spending helped government jobs grow by 201,000 since the stimulus, helping to make Washington, D.C., and the area the Nation's strongest job market. Meanwhile, construction, loss of 853,000; manufacturing, loss of 707,000 jobs. Jobs across the U.S. have plummeted despite promises they would grow by 1.1 million.
I yield 3 minutes to the distinguished gentleman from Texas (Mr. Brady).
I yield the gentleman an additional 1 minute.
I yield myself such time as I may consume.
I appreciate the look-back. I think it's odd so many speakers today have begun all their remarks with a look-back and attempt to re- litigate history and are sort of picking selective parts of history. The fact is, when this budget was balanced there was a Republican Congress, yes, with a Democrat President. Maybe we ought to try that combination again.
But let me just say, the people back home are concerned about today. They're concerned about the problems today, not re-litigating what may have been or might have been. Back home in Michigan, unemployment is nearly 14 percent; nationwide, nearly 10 percent. The fact is now, today--not in the 1980s, not in the 1990s, not in the Bush administration--today we've lost 700,000 manufacturing jobs, and the fact is employers in America have said this bill will hurt jobs; this will not help us create private sector jobs. And we have group after group that has come forward and said this bill hurts jobs.
That's why I urge a ``no'' vote.
I reserve the balance of my time.
I reserve my time.
I yield myself the balance of my time to close.
Mr. Speaker, the facts are clear: with unemployment stuck at nearly 10 percent and millions of jobs lost, the Democrats' trillion-dollar stimulus bill has failed.
So what is the majority's response? Raise taxes on American jobs and give more money to State and local government. That won't create the private sector jobs Americans need.
You don't have to take my word for it. Here is what some of the Nation's leading and largest employers say about this bill and the tax increases in it.
The National Association of Manufacturers says: ``Manufacturers believe strongly that imposing $11.5 billion in tax increases on these companies as proposed by H.R. 5893 will jeopardize the jobs of American manufacturing employees and stifle our fragile economy.''
The PACE Coalition, which represents employers who provide over 60 million American jobs, says: ``The $12 billion in proposed international tax increases in H.R. 5893 would further disadvantage U.S. companies, harming their competitiveness.
``At a time when other countries are taking steps to attract business, this legislation sends exactly the opposite message, with the effect of discouraging business investment and job creation in the United States.''
Mr. Speaker, I submit the NAM and PACE Coalition letters for the Record.
National Association of
Manufacturers,
July 29, 2010.
House of Representatives,
Washington, DC.
Dear Representatives: The National Association of
Manufacturers (NAM), the nation's largest industrial trade
association representing small and large manufacturers in
every industrial sector and in all 50 states, urges you to
oppose H.R. 5893, the Investing in American Jobs and Closing
Tax Loopholes Act of 2010.
An estimated 22 million people in the United States--more
than 19 percent of the private sector workforce and 53
percent of all manufacturing employees--are employed by
companies with operations overseas. Manufacturers feel
strongly that imposing $11.5 billion in tax increases on
these companies as proposed by H.R. 5893 will jeopardize the
jobs of American manufacturing employees and stifle our
fragile economy.
Many of the tax increases proposed in H.R. 5893, which are
mischaracterized as closing tax loopholes, actually represent
significant changes to the pro-growth tax policy supported by
Congress and the Administration. For example, the proposed
anticompetitive limitation on the use of Sec. 956 loans
removes a greatly needed source of U.S. cash for worldwide
American companies--a source that Treasury and the Internal
Revenue Service (IRS) sought to facilitate in guidance issued
as recently as last December. As we continue to work through
one of the greatest credit crunches in U.S. history, taking
away a source of cash for U.S. companies to grow, build and
create jobs puts our fragile recovery at risk.
We are disappointed that many of the bill's proposed tax
increases have not been adequately scrutinized during
congressional hearings. In many cases, taxpayers have relied
on these longstanding tax provisions in structuring their
businesses. Changing the rules without fair and adequate
hearings will cost in terms of jobs, investment and
manufacturers' ability to compete overseas.
Manufacturers believe strongly that changes to our
international tax laws should be considered in the broader
context of tax reform that makes the United States more
competitive--not as ``pay fors'' for unrelated policy
initiatives. Moreover, targeting some international tax law
changes in advance of the tax reform debate would make the
goal of pro-growth, pro-competitiveness reform that much more
difficult, if not impossible, to achieve.
The NAM supports provisions in the legislation that would
extend Build America Bonds and lift the state volume cap for
private activity bonds for water and waste water
infrastructure, but our support for these provisions is
heavily outweighed by the significant costs imposed on
manufacturers by the bill's tax increases. Manufacturers urge
your opposition to the bill.
The NAM's Key Vote Advisory Committee has indicated that
votes related to H.R. 5893, including votes on procedural
motions, may be considered for designation as Key
Manufacturing Votes in the 111th Congress.
Thank you for your consideration.
Sincerely,
Jay Timmons,
Executive Vice President.