Floor Statements

Madam Speaker, on rollcall No. 258, I was unavoidably detained. Had I been present, I would have voted ``yes.''

I thank the gentleman for yielding.

Thousands of Nevadans have been surveyed and an overwhelming number oppose the government takeover of health care. Yet two-thirds of Nevada's delegation will defy their constituents and vote with their leadership instead.

This $2.6 trillion legislation will raise Nevada taxes, kill Nevada jobs, remove Nevada seniors from Medicare, and saddle the State of Nevada with budget-busting mandates. I urge my colleagues from Nevada to speak for Nevada--not their Beltway benefactors--when casting their vote today.

I thank my friend for yielding. Madam Speaker, I rise in support of H.R. 4825. I commend my colleague from Arizona for bringing this legislation to the floor. Our $12 trillion debt will burden future generations, and this legislation before us today is a good start. But I think Congress must and can do more.

You don't have to go any further than the unemployment rates in this country. As you well know, Madam Speaker, the unemployment rate nationwide is around 10 percent. In my State, it's closer to 13 percent. In fact, in some counties in my district, it exceeds 17 percent. Foreclosure rates are high. Families in my district and throughout my State are losing their homes. Foreclosure rates in Nevada were four times higher than the national average. Families are making tough, tough decisions in the State of Nevada, and they're asking the question, Why aren't we making these same tough decisions here in Washington? And the reason is is that Washington feels no pain. We are in a recession-proof zone here in Washington, D.C. As we have in the last year hired more than 120,000 new Federal employees across this country, States and local governments are cutting their budgets, families are cutting their budgets, small businessmen are cutting their budgets, medium-sized businessmen are cutting their budgets. And yet here in Washington, D.C., we feel no pain. I think sending the unused congressional budget account funds to pay down the debt is one thing, but stopping the growth of this account is another.

The MRA account has grown nearly 50 percent since 2000. I introduced the reduction of irresponsible MRA, or the TRIM Growth Act, to prevent the MRA from increasing during times of high unemployment or public debt. My legislation would prevent the MRA from increasing unless national unemployment is under 6 percent or less for at least 6 months, consistent with the unemployment levels of the 1990s, or unless Congress reduces the national debt to less than $5.5 trillion, which was a reduction of 50 percent at the time this bill was drafted.

Congress ultimately needs to feel the same pain as the American people. Financial challenges facing our Nation cannot be solved in one day. And as public servants, Members of Congress must lead by example. In addition to passing this legislation today, I urge my colleagues to join me in supporting the TRIM Growth Act. Let's show the Americans who are figuring out their family budgets at the kitchen table today that they are not alone.

Another day, another missed opportunity. Nevada's unemployment rate is at 13 percent. So you have to ask the question: Where are the jobs? I do tele-town hall meetings weekly in my district. I survey thousands. The question asked is: What should be the priority of this Congress? Should it be jobs and the economy or should it be health care? Over 80 percent say we should be concentrating on jobs and the economy. Instead, the majority leadership wants me to vote for the Louisiana purchase or the Cornhusker kickback or the Gator-aid. The list goes on and on.

Despite the majority's effort to hide this vote, the American people will not be fooled. The American people know the purpose of this health care bill is to make sure all Americans have the same bad health care. I encourage my colleagues to listen to the American people, create bipartisan health care reform, and get Americans back to work.

Mr. Speaker, on rollcall No. 109, had I been present, I would have voted ``nay.''

Mr. Speaker, on rollcall No. 110, had I been present, I would have voted ``nay.''

Madam Speaker, on rollcall No. 111, had I been present, I would have voted ``yea.''

Madam Speaker, pursuant to the Republican Leadership standards on earmarks, I am submitting the following information regarding earmarks I received as part of H.R. 3288, the Consolidated Appropriations Act for fiscal year 2010:

Requesting Member: Congressman Dean Heller

Bill Number: HR 3288

Account: Military Construction--Army National Guard

Legal Name of Requesting Entity: Nevada National Guard

Address of Requesting Entity: 2460 Fairview Dr., Carson City, NV 89701

Description of Request: $2,000,000. Funding will be used for wind, solar, and geothermal energy projects at facilities and training sites operated by the Nevada National Guard.

Requesting Member: Congressman Dean Heller

Bill Number: HR 3288

Account: Military Construction--Air National Guard

Legal Name of Requesting Entity: Nevada National Guard

Address of Requesting Entity: 2460 Fairview Dr., Carson City, NV 89701

Description of Request: $10,800,000. Funding will be used for the design and construction of a new fire station at the Nevada Air National Guard base located at the Reno-Tahoe International Airport in Reno, Nevada. The

new fire station is intended to replace the half-century old original structure. Construction of the new fire station will alleviate the concerns regarding the current fire station, which has become inadequate in size and insufficient in space in order to properly support the fire protection and crash/rescue requirements for the 152nd Airlift Wing.

Requesting Member: Congressman Dean Heller

Bill Number: HR 3288

Account: Transportation--Federal Highway Administration--Surface Transportation Priorities

Legal Name of Requesting Entity: Nevada Department of Transportation

Address of Requesting Entity: 1263 South Stewart St., Carson City, NV 89712

Description of Request: $779,200. The project will add three miles of controlled access freeway from Fairview Dr. to the southern connections at the existing US 50 West--Tahoe Juncture/Carson Street intersection. The Freeway will be designed for two lanes in each direction with provisions for future widening in the median connection to the Reno/ Sparks community with Carson City and the Lake Tahoe Basin.

Madam Speaker, I yield myself 2 minutes.

Madam Speaker, here we go again. Christmas is a week away and Congress is scrambling at the last minute just so we can go home. While Americans are doing last-minute holiday shopping, the majority party is doing its last-minute spending. This year, many families are cutting back on their holiday shopping. The average holiday spending by Americans this year has dropped to $343 per person from $372 a year ago. You would think that during these tough times when most Americans are forced to tighten their belts, Congress would do the same. No chance under this majority.

This majority stumbled into 2009 with a budget that raised the deficit by $1.8 trillion. Then Congress decided to pass an $800 billion stimulus bill, $3 billion on Cash for Clunkers, $1.3 trillion on the Democratic health care bill, a trillion dollars on cap-and-trade and, recently, another $447 billion was spent on Washington, D.C., bureaucrats. After all this spending, the national debt is now $12 trillion. Every American citizen will now owe more than $39,000 to pay for Washington's spending.

Now Democrats want to raise the debt limit to allow even more spending in 2010. The real fat cat is the Federal Government which spends, spends, spends while the American public gets stuck with the bill.

I urge my colleagues to reject raising the debt limit. Give the gift that America deserves: a responsible Federal budget.

Merry Christmas to everyone.

I reserve the balance of my time.

Madam Speaker, I yield 1 minute to the gentleman from California (Mr. Herger).

Madam Speaker, I yield such time as he may consume to the ranking member of Ways and Means, the gentleman from Michigan, Mr. Camp.

Madam Speaker, I yield 1\1/2\ minutes to the gentleman from Texas, a colleague of mine on Ways and Means, Mr. Brady.

Madam Speaker, I yield 2 minutes to the gentleman from Maryland (Mr. Bartlett).

(Mr. BARTLETT asked and was given permission to revise and extend his remarks.)

Madam Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. Ginny Brown-Waite).

Madam Speaker, I yield 1 minute to the gentleman from Texas (Mr. Hensarling).

I yield 1 minute to the gentleman from Louisiana (Mr. Scalise).

Madam Speaker, I yield 2 minutes to a friend of mine, a colleague on the Ways and Means Committee, the gentleman from Illinois (Mr. Roskam).

Madam Speaker, I yield 1\1/2\ minutes to the gentleman from Texas (Mr. Gohmert).

Madam Speaker, I yield 1 minute to the gentleman from Indiana (Mr. Burton).

Madam Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Stearns).

(Mr. STEARNS asked and was given permission to revise and extend his remarks.)

Madam Speaker, may I inquire as to the time remaining on both sides?

Madam Speaker, I yield 2 minutes to the Republican policy Chair, the gentleman from Michigan (Mr. McCotter).

Madam Speaker, I yield 1 minute to the gentleman from Utah (Mr. Chaffetz).

Madam Speaker, I yield 1 minute to the Republican leader, the gentleman from Ohio (Mr. Boehner).

Madam Speaker, I yield back the balance of my time.

Madam Speaker, I demand a recorded vote.

Mr. Speaker, on rollcall No. 971, had I been present, I would have voted ``yea.''

Mr. Speaker, on rollcall No. 972, had I been present, I would have voted ``aye.''

Mr. Speaker, on rollcall No. 973, had I been present, I would have voted ``aye.''

Mr. Speaker, I have a motion to recommit at the desk.

Yes, in its current form.

Mr. Speaker, this point of order shows the blatant inconsistencies the majority has set up with its own rules. On one hand, clause 10 of rule XXI--known as the PAYGO rule--requires amendments, including those contained in motions to recommit like this one, to be budget neutral. On the other hand, clause 7 of rule XVI-- known as the germaneness rule--constrains our ability to offer pay-fors by requiring that they be related to the underlying bill.

These two rules are problematic in today's case because H.R. 4154 is drafted so narrowly that it is impossible to identify germane offsets. Thus, not surprisingly, the majority has stacked the rules of the House to try to make it impossible for the minority to offer its preferred approach. We saw that 2 weeks ago on the SGR fix and are witnessing it again today as the rules are being used to keep us from offering a full and permanent repeal of the death tax.

Ironically, the bill before us today, H.R. 4154, doesn't even meet the House's own PAYGO rules. That's right. That is because the budget resolution allows the chairman of the Budget Committee to simply reset the baseline to accommodate a certain amount of death tax relief.

Mr. Speaker, you are being asked to rule on whether this motion to recommit complies with PAYGO, but the base bill itself is not PAYGO compliant. It would increase the deficit by more than $230 billion. This begs the question, if it's appropriate for the majority to consider estate tax relief under H.R. 4154 without offsets, in violation of the spirit of PAYGO, then why is it now inappropriate, or out of order, for the minority to provide even more tax relief under their amendment?

I request that you overrule the point of order and allow the House to debate our alternative, which is complete repeal of the death tax.

Thank you, Mr. Speaker, for the opportunity be heard on the point of order.

Mr. Speaker, I appeal the ruling of the Chair.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I have a motion to recommit at the desk.

I am, in its current form.

H.R. 4154 would be better called the Permanent Estate Tax Increase for Families, Farmers, and Small Businesses Act. My second motion to recommit still addresses elimination of the death tax. As the Chair has just ruled, the sensible alternative, full permanent repeal of the death tax, is not allowable under the House majority's rules. Therefore, this second motion to recommit is drafted to meet the arcane, pro-tax increase PAYGO rules.

This motion continues the full elimination of the death tax for 2010, as currently scheduled and promised to the American people, and then extends that full elimination 1 additional year to 2011. Business or farm income was taxed when it was created, saved, invested, and spent. These assets were taxed annually with property taxes. They don't need to be taxed yet again upon death. While 2 years is shorter than many of us in the House would prefer, it's the only alternative left.

Colleagues, the flaws with H.R. 4154 are numerous, but in defense of their misguided bill the majority cries that certainty trumps the punitive 45 percent rate. But the Federal Government shouldn't be entitled to half or even one-third of your assets when you die. Make no mistake: the purpose of the inheritance tax is to erase all of an individual's net worth within three generations. Let me repeat that: the purpose of the inheritance tax is to erase all of an individual's net worth within three generations.

Enshrining a 45 percent punitive tax rate is bad policy, and the only thing worse than bad policy is permanent bad policy. I am sure the American people will be upset with the certainty of zero. Today the majority is working hard to bring new vigor to the old adage ``The only things in life that are certain are death and taxes.''

Let's remember that the unemployment rate is still high: 10 percent nationwide and more than 13 percent in my home State of Nevada. Recent estimates show that the full repeal of the tax would create 1.5 million jobs. Again, that's jobs created. Who knows how many jobs will be saved by eliminating the death tax.

Eliminating the death tax will also have several other positive effects on the economy. One recent study showed that eliminating the death tax will increase small business capital by over $1.6 trillion; eliminating the death tax will increase the probability of hiring by 8.6 percent; eliminating the death tax will increase payrolls by 2.6 percent; eliminating the death tax will expand investment by 3 percent; eliminating the death tax will create 1.5 million additional small business jobs; and eliminating the death tax will reduce the current jobless rate by almost 1 percent.

The American people know that the death tax punishes hard work by discouraging savings and investing, undermines job creation, and frankly contradicts the central promise of American life. They know the death tax is a jobs destroyer.

Colleagues, our Founding Fathers worked to ensure the rights of life, liberty and the pursuit of happiness. In addition, they fought, spurred largely by unfair taxation, to secure their rights to private property and the efforts of their work. They wanted a nation where one could work, think, produce, create, invent and prosper. This made our Nation different than all others at the time which created the tremendous engine of the American economy. What would they say about a government confiscating 45 percent of property earned over a lifetime?

Of the 56 signers of the Declaration of Independence, 18 were merchants or businessmen and 14 were farmers. Many lost their lives or family members, and at least 11 signers had their homes and property destroyed. In committing their ``lives, fortunes, and sacred honor'' as the Declaration of Independence reads, they sacrificed to ensure their heirs could keep what they earned. What would those who sacrificed so much say about a permanent 45 percent rate?

Congress made a promise to fully eliminate the death tax. The American people are sick and tired of broken promises from their government. Congress should keep this promise to the American people and do what it committed to do 8 years ago: allow the estate tax to expire in 2010 and extend that expiration to 2011.

Death should not be a taxable event. Support this motion and keep the death tax buried.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I would be happy to respond. If the gentleman is asking to refer this piece of legislation back to Ways and Means and the Budget Committee, I would be happy to do so so that we can discuss those issues.

Mr. Speaker, I demand a recorded vote.

Madam Speaker, pursuant to the Republican Leadership standards on earmarks, I am submitting the following information regarding earmarks I received as part of H.R. 2996 the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010:

Requesting Member: Congressman Dean Heller

Bill Number: H.R. 2996

Account: Environmental Protection Agency--STAG Water and Wastewater Infrastructure Project

Legal Name of Requesting Entity: City of Fernley, Nevada

Address of Requesting Entity: 595 Silver Lace Blvd., Fernley, NV 89408

Description of Request: $300,000. This project will replace the current tank-based solids handling method with the construction of mechanical dewatering facilities. This facility's microfiltration design for arsenic removal includes solids handling storage tanks. Rehabilitation for mechanical dewatering of the residuals handing would allow the City of Fernley to provide its residents with higher quality and safer water for the long term. This project also falls in line with the mission of the EPA by

protecting and safeguarding Fernley residents' health and environment.