April 19, 2012 CONGRESSIONAL RECORD — HOUSE H1981 STEM, eduction, IMSA has developed Unfortunately, a lack of effective for- call up House Resolution 620 and ask the talented workforce our State and est management in the United States for its immediate consideration. Nation needs to compete in the modern has led to poor forest health. This can The Clerk read the resolution, as fol- world. Furthermore, the academy has and does cause catastrophic forest lows: provided opportunities to under- fires. H. RES. 620 resourced students, effectively break- Recently, in Colorado, the North Resolved, That upon the adoption of this ing down geographic and socio- Fork fire destroyed 27 homes and killed resolution it shall be in order to consider in economic barriers. 3 homeowners. The fire was caused by a the House the bill (H.R. 9) to amend the In- I am proud to represent the academy prescribed burn designed to prevent a ternal Revenue Code of 1986 to provide a de- here in Washington, and I’m proud of catastrophic forest fire. Clearly, this duction for domestic business income of the way IMSA alumni represent Illi- incident exemplifies the need for alter- qualified small businesses. All points of nois. native forest management tools, such order against consideration of the bill are waived. The amendment in the nature of a I’d like to add a special thanks to Dr. as increased timber harvesting, to re- substitute recommended by the Committee Leon Letterman. His vision helped duce the risk of wildfires in the future. on Ways and Means now printed in the bill found the academy; his leadership has Through prudent forest management shall be considered as adopted. The bill, as helped it to become what it is today, and the ability to access and harvest amended, shall be considered as read. All and his presence will be missed after he our timber resources, these commu- points of order against provisions in the bill, retires. nities can support jobs while fostering as amended, are waived. The previous ques- Congratulations to the Illinois Math healthy forests, safeguarding the nat- tion shall be considered as ordered on the and Science Academy, and good luck to ural beauty of Colorado and the Na- bill, as amended, and on any further amend- tion, and protecting against dangerous ment thereto, to final passage without inter- the Titan Robotics Team as they com- vening motion except: (1) one hour of debate pete in St. Louis. wildfires. equally divided and controlled by the chair f f and ranking minority member of the Com- MILITARY KID OF THE YEAR ROTARY DAY mittee on Ways and Means; (2) the further amendment in the nature of a substitute (Mr. WALZ of Minnesota asked and (Mr. DEUTCH asked and was given printed in the report of the Committee on was given permission to address the permission to address the House for 1 Rules accompanying this resolution, if of- House for 1 minute and to revise and minute and to revise and extend his re- fered by Representative Levin of Michigan or extend his remarks.) marks.) his designee, which shall be in order without Mr. WALZ of Minnesota. Madam Mr. DEUTCH. Madam Speaker, today intervention of any point of order, shall be I rise to recognize the White House’s considered as read, and shall be separately Speaker, I rise today to honor Ms. Syd- debatable for 20 minutes equally divided and ney Schmidt. first-ever Rotary Day. Tomorrow, controlled by the proponent and an oppo- Sydney hails from Hayfield, Min- Americans from Rotary Clubs across nent; and (3) one motion to recommit with or nesota, the First Congressional Dis- the Nation will be honored as cham- without instructions. trict of Minnesota, and was recently pions of change in their communities. The SPEAKER pro tempore. The gen- named the Military Kid of the Year. Many of us in this House frequent tleman from Texas is recognized for 1 She is the daughter of Mary Kay and Rotary Clubs throughout our districts. hour. Lieutenant Colonel Brad Schmidt and I’m always pleased to meet with con- AMENDMENT OFFERED BY MR. SESSIONS a sister to Dani Schmidt. stituents so committed to honest dis- Mr. SESSIONS. Madam Speaker, I As a high school teacher and a 24- cussion, civic engagement, and the bet- ask unanimous consent to amend the year veteran of our military, I under- terment of our community. resolution with an amendment I have stand how challenging it is for families Last week, at a meeting of a Rotary placed at the desk. when parents are deployed overseas. Club in Coral Springs, Florida, I was The SPEAKER pro tempore. The We know that when a parent is called reminded of something I would like to Clerk will report the amendment. to duty, they aren’t the only ones who share with you today. It’s called the The Clerk read as follows: serve this Nation. The family serves us Four-Way Test. These principles guide as well. Rotary members in their daily lives, Page 2, line 8 strike ‘‘one hour’’ and insert and they read as follows: ‘‘70 minutes’’. Sydney maintains a 4.0 grade aver- Page 2, line 16 strike ‘‘20’’ and insert ‘‘25’’. age, volunteers as a Big Sister, tutors Is it the truth? elementary students, spends time with Is it fair to all concerned? The SPEAKER pro tempore. Is there senior citizens, and, as well, excels at Will it build goodwill and better objection to the request of the gen- band and sports. friendships? tleman from Texas? I applaud Sydney’s ability to set an Will it be beneficial to all concerned? Without objection, the resolution is example for her peers, not only in Hay- Madam Speaker, Washington has amended. field, but across this country. Sydney’s been paralyzed by partisan politics and There was no objection. remarkable achievements at such a a disappointing level of discourse. If we Mr. SESSIONS. Thank you, Madam young age are a testament to her pas- could just approach our Nation’s prob- Speaker. sion for community, her involvement lems a bit more like the Rotary Club’s Madam Speaker, for the purpose of and her love of country. We honor Four-Way Test, we would all be better debate only, I yield the customary 30 those achievements and the example off. After all, at a time of great chal- minutes to my friend from Florida (Mr. she has set for others. lenges facing our Nation, the American HASTINGS), pending which I yield my- Congratulations to Sydney, all the people deserve no less than a Congress self such time as I may consume. Dur- military kids, families, and service- that operates with honesty, builds bi- ing consideration of this resolution, all members. I and the rest of this Nation partisanship, and bases decisions on time yielded is for the purpose of de- thank you for your service to America. whether or not they will be beneficial bate only. to all our citizens. GENERAL LEAVE f Enjoy your visit to the White House Mr. SESSIONS. Madam Speaker, I AMERICA’S NATIONAL FORESTS tomorrow for Rotary Day. I hope the ask unanimous consent that all Mem- (Mr. COFFMAN of Colorado asked Rotary’s Four-Way Test visits this U.S. bers have 5 legislative days to revise and was given permission to address Congress very soon. and extend their remarks. the House for 1 minute and to revise f The SPEAKER pro tempore. Is there and extend his remarks.) b 0920 objection to the request of the gen- Mr. COFFMAN of Colorado. Madam tleman from Texas? Speaker, if managed wisely, America’s PROVIDING FOR CONSIDERATION There was no objection. national forests can provide a safe OF H.R. 9, SMALL BUSINESS TAX Mr. SESSIONS. Madam Speaker, I wildlife habitat, recreational opportu- CUT ACT rise today in support of this rule and nities, and thousands of jobs in the Mr. SESSIONS. Madam Speaker, by the underlying bill. House Resolution timber industry. direction of the Committee on Rules, I 620 provides a structured rule for H.R.

VerDate Mar 15 2010 00:05 Apr 20, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.005 H19APPT1 smartinez on DSK7TPTVN1PROD with HOUSE H1982 CONGRESSIONAL RECORD — HOUSE April 19, 2012 9, the Small Business Tax Cut Act. The cause we must grow our economy by Democrats, quite likely, as we have bill was introduced on March 21, 2012, giving those job creators a chance to heard up in the Rules Committee and by our leader, the gentleman from Vir- get that done. seen in the press, will oppose this novel ginia (Mr. CANTOR), and was ordered re- H.R. 9 will allow small businesses concept because they really want ported by the Committee on Ways and under 500 full-time employees to take a Washington lawmakers and bureau- Means on April 10. tax deduction equal to 20 percent of crats, not our hardworking constitu- The rule provides for consideration of their domestic business income. So, no ents back home, to have the avail- an amendment in the nature of a sub- matter how they’re organized under ability to get those dollars. I’m proud stitute as is standard practice for this the Tax Code, under the bill the size of to tell the small businesses in the con- legislation when dealing with tax pol- the tax cut is kept at 50 percent of W– gressional district that I represent in icy. 2 wages paid, encouraging increasing Dallas, Irving, Addison, and Richard- Madam Speaker, today we will be hiring. I have been in touch with small son, Texas, that with this bill those considering the underlying legislation, businesses across Dallas, Texas, and small businesses, not just in my con- which will allow the House of Rep- across that area, and we do understand gressional district that I am lucky to resentatives yet another opportunity that small business wants to come and represent, but all across this country, to ease the burden on small businesses create more jobs to increase the will be able to see the potential, will be across America by giving them the eco- amount of not just employment, but to able to grow and succeed and, perhaps nomic tools to create jobs and to help help them grow their businesses. In re- most of all, it is a group of people in grow our economy. It would be an un- turn, what happens is that loyalty that Washington who are willing to listen to derstatement not to recognize that this comes from entrepreneurship to those the needs of small business, men and country, including small business, is employees and obviously, then, Uncle women who are trying to create the under duress. Sam, gets the advantage because taxes avenues of success, not just for them We are under duress in this country. are being paid instead of paying for un- and the American Dream, but also for The economic circumstances, which employment. more employees. Small business, we know, employs abound across the entire country, are b 0930 not only obvious to every one of our about half of our private sector work- citizens but also to this body, and we force and generates 65 percent of our I encourage my colleagues to vote for are here doing our job today following new jobs. What we are here on the floor this fair rule and the underlying bill, through not just in regular order, but talking about today supports ideas and I reserve the balance of my time. Mr. HASTINGS of Florida. I thank the process to make sure that we are that come straight from these small business job creators, directly from my friend for yielding the time. talking about what Congress should be I would begin a little bit unusually doing to aid small business. I believe men and women, many minorities, many moms who are in the market- by asking a few questions of my friend that by giving them the economic and then yielding to him for any re- tools, the free enterprise system and place who are trying to help their fam- ily to make sure that they can perhaps sponse that he may have. entrepreneurs, men and women, will pay for their kids to go to college, A gentleman named Bruce Bartlett know exactly what to do because we’re ideas that they have. was the former Department economist allowing them competitive advantages. Entrepreneurship, the American for President Ronald Reagan. He Earlier this week, congressional Dream, is what we are talking about makes this comment: The serious point Democrats and President Obama of- today, and we need to keep that dream here is that the term ‘‘small business’’ fered their competing plan, and their alive. With an unemployment rate con- casts a very wide net. plan is to raise taxes on small busi- sistently over 8 percent for the past 3 Indeed, since the only test for being a nesses. We disagree with that. years, it’s time that we not only take small business under the legislation, as Today, the Republicans in the House aggressive action, but that we do the my good friend proposes, is the number of Representatives, under the great tu- things that are being asked for that of employees, the ultimate bene- telage and leadership of our majority will create jobs. ficiaries of the Republican bill will be leader, ERIC CANTOR, offer a different In my home State of Texas, the 14 some large and profitable businesses vision for America. Despite their best million citizens who work for 387,000 that just happen to have few employ- effort, congressional Democrats think small businesses and 1.69 million sole ees. that we can tax our way to improving proprietorships will see immediate ben- What is my friend’s response to that? our economy. It’s really simple logic. efits from this bill. They call that re- Mr. SESSIONS. Thank you for yield- Increasing taxes on job creators will lief. They call that competitiveness, ing me the time, and I hope that the not help create jobs. It will place new and we call it up here giving back to substance that I provide back is of impediments and roadblocks for not those job creators what they need by great measure to the gentleman’s re- just job creation, but the opportunity listening to them and then offering so- quest. for business and small business to be lutions. Those real Texans are strug- First of all, let me say I know Bruce successful. gling even in the midst of perhaps one Bartlett. I had a chance to work with Congressional Republicans, once of the best economies in this country. Mr. Bartlett when I served as vice again today, will stand with small Texans are still struggling, and small president of the National Center for businesses across the Nation as we de- business needs this opportunity today. Policy Analysis. Mr. Bartlett was a mand less government intervention Madam Speaker, just a few weeks contributor not just to the NCPA, but and more marketplace creativity and ago, Congress and the President came of economic terms. the opportunity for small business to together to pass what was known as I will completely agree with Mr. get what it needs. the JOBS Act, a bill designed and des- Bartlett that there are many out there Madam Speaker, as this Congress and ignated to generate unique sources of who have successful businesses. Our the American people know, job cre- new credit for small business. I was point is we want them all to grow. Suc- ators are small businesses. They are proud to manage that rule and for leg- cessful businesses are able to hire new the engine of our economy and, as a islation that not only passed on a bi- people. Unsuccessful businesses strug- former chairman of the board for a partisan effort, but has become law. gle and cannot provide not only an in- small chamber of commerce in Dallas, This underlying bill today applies crease in the amount of pay, but also Texas, the Greater East Dallas Cham- those very same principles. But instead the benefit issue becomes difficult. So ber of Commerce, I saw firsthand entre- of opening up new avenues of credit, we want people to be successful. And I preneurship and the availability of tal- this legislation before us enables the think Mr. Bartlett is correct. It’s a ent that was necessary in small busi- very same small businesses to keep wide swath. ness. That same engine of our economy more of what they have earned and to I want small business, because of the is what we are trying to restart and ig- reinvest into their own business and to size, not because of how successful they nite today. Congressional Republicans make sure that that capital that was are, to be able to employ more people. will continue to promote job creation difficult to achieve is now possible And that’s what Republicans are trying through robust economic growth be- through their own success. to do. Guilty as charged.

VerDate Mar 15 2010 00:05 Apr 20, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.008 H19APPT1 smartinez on DSK7TPTVN1PROD with HOUSE April 19, 2012 CONGRESSIONAL RECORD — HOUSE H1983 Mr. HASTINGS of Florida. Then I that would not necessarily work. Well, cans opportunity. Toward that end, ask my friend first to just listen, and why are we spending the time on this what is a $46 billion measure going to then I will ask yet another question. when my friend and I know that this do, other than blow a hole in the def- Mr. Bartlett also said this: measure is not going to become law for icit, since it’s not paid for? The Republican tax plan will do nothing the reason, whether we like it or not, I yield to my friend. whatsoever to increase employment. It is that the United States Senate is not Mr. SESSIONS. I appreciate that and nothing more than an election-year give- going to pass it? thank you so much for asking the ques- away to favored Republican constituencies Last week, contrary to what you tion. and should not be taken seriously. said, in the United States Senate the The gentleman was here in 1997. The But I ask my friend, after hearing President’s plan and the Democrats’ exact same arguments took place as we what Mr. Bartlett said, and listening to plan was offered where there would be worked with President Clinton, and we you, as well, saying that it’s suggested an alternative minimum tax for people were told on this floor a capital gains that there will be jobs, is there a re- that pay a million dollars or more in tax cut will result in $9 million not quirement in the legislation as is pro- taxes. It’s been referred to as the coming into the Treasury, and $554 mil- posed that requires the creation of Buffett rule. You said that it didn’t lion appeared quickly in that same tax jobs? pass. It had a majority. But it didn’t year. Mr. SESSIONS. I thank the gen- come up because Republicans didn’t I would say to the gentleman, if we tleman. allow for it to have a majority. Where- encourage people to go do things, they Mr. HASTINGS of Florida. Can you as, had it come up, it likely would have will turn things into great opportuni- give me a ‘‘yes’’ or ‘‘no’’? passed because some Republicans ties. Mr. SESSIONS. Here’s what I can would have caused it to pass, also. Mr. HASTINGS of Florida. Reclaim- give. Mr. Bartlett is wrong, because I You don’t create jobs with your 20 ing my time, we can point back. I’m know there will be at least one new net percent. And now you need to answer talking about what you’re trying to do job created, and I know that because for me: What if somebody, after they today. What you’re trying to do today the testimony and information that I get the 20 percent, rather than hiring is blowing a $46 billion hole in the def- received last week as I was at the somebody, fires somebody; do they still icit, which will destroy opportunity. North Dallas Chamber, several people get the tax cut? I thank my friend, and let me move told me this is exactly what they need. Mr. SESSIONS. Thank you very on, now that I’ve had the opportunity They needed the jobs bill to get credit. much for yielding. to talk with you. They need this opportunity. As the gentleman knows quite well b 0940 And what’s interesting is, on the re- from the legislation and from the hear- verse side, is where Illinois, in Janu- ing which we had in the Rules Com- I rise in strong opposition to this ary, a full year ago, passed a bill which mittee yesterday, that while these are rule and its opportunity-destroying increased taxes, and they lost 58,000 great questions that you ask, the an- under the underlying bill. When it jobs in Illinois quickly because of high swer is we do not tell them what to do. comes to small businesses, Congress taxes. We’re trying to make it easier to There are no limitations in this bill should work to create chances for grow small business. Mr. Bartlett that would say that you must or must smart, savvy, small business owners to seems like there will be no new job not do these things. We don’t do that. thrive so that hardworking Americans growth—there will be—and he knows We try and encourage, on the Repub- can get a fair shot at a good paying job better than that. lican side, and believe that this is what for an honest day’s work and thereby Mr. HASTINGS of Florida. Let me small business is asking for. I think ensure that our economic recovery con- offer to my friend a complaint: the fact you will be shocked with not only the tinues. that this matter didn’t go through reg- success, if we had testimony from these Instead, the Republican bill creates ular order, did not have hearings. It did small businesses, but this is what only one opportunity, and that is the have one question period during the they’re asking for. opportunity for those that are better Ways and Means Committee markup, Let’s go to the worthiness of why off, including those of us in the United and the person that was being ques- would we possibly push an agenda that States Congress, to pay less than we tioned on the Committee on Taxation will never be held to the light of day could and can as our fair share in was the chief of staff, Thomas with a vote in the United States Sen- taxes. Barthold. And when he was asked ate—for the same reason that the Make no mistake: H.R. 9, despite its about the effects of H.R. 9—and the President will never get a tax increase name, is not going to level the playing question was put to him by our col- from JOHN BOEHNER. This Republican field so that American businesses can league, Mr. BECERRA: Is there a re- House will not increase taxes, and so I create the kinds of opportunities that quirement that you create jobs? Mr. don’t know why the President is doing the average American needs. That’s be- Barthold says: There’s no requirement what he’s doing. cause House Republicans have made on the result of the tax relief. Mr. HASTINGS of Florida. All of the benefits of this bill available to a I go back to you and ask you again: what my friend says is most regret- wide range of enterprises owned by Is there a requirement that jobs be cre- table. One of the things that I’m sure wealthy people, including lawyers. I’m ated in the measure as offered? Members in your Conference are con- one of the lawyers, not one of the Mr. SESSIONS. The answer is no. cerned about is the fact that this is a 1- wealthy. But when I was a lawyer and And I would reply to the gentleman, I year measure. had three secretaries as a single practi- saw in this House of Representatives Am I correct about that? tioner, if you had given me a 20 percent when former Speaker PELOSI increased Mr. SESSIONS. I believe that would tax cut, I may have shared some of the amount of money that we had in be correct. that with those three employees. I as- our Member reimbursement account, Mr. HASTINGS of Florida. Tell me sure you I would not have hired any- we went out and did more, and I hired then, how many times have we passed body. Had you, when I was a lawyer, an additional person at that rate. anything 1 year that’s a tax something given me a 20 percent tax cut and re- If given an opportunity, small busi- or another that cuts taxes? Let’s take quired me to hire somebody, then I ness wants to grow and they want to the Bush tax cuts that lasted 10 years would have hired somebody, and it may add employees, and this is what nobody that are soon to expire. How is it then have done some good. But other seems to understand in this town. that you expect that this is not going wealthy people—lobbyists, hedge funds, We are for growing our economy. No to go beyond 1 year? One year already private equity fund managers, as well one on our side would do something is going to cost $46 billion. as many professional sports teams, that wouldn’t necessarily work. We are Now my friend is a deficit and a debt without a single requirement to expand doing it because this is what people are hawk, and I like to think that I’m con- employment or invest in the United asking for to grow the economy. servative enough to feel that the def- States. Mr. HASTINGS of Florida. My friend icit and the debt are matters that we In fact, under this bill, a business says that no one would do anything should address in order to give Ameri- owner could fire, as I asked my friend,

VerDate Mar 15 2010 00:41 Apr 20, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.009 H19APPT1 smartinez on DSK7TPTVN1PROD with HOUSE H1984 CONGRESSIONAL RECORD — HOUSE April 19, 2012 U.S. workers, hire full-time workers in over those lawyers and lobbyists here (Mr. CRAVAACK) who is a freshman who foreign countries and still be eligible in this town. serves on the Transportation, Home- for the full deduction. Simply put, what we have before us land Security, and Science Commit- According to an analysis of the Tax is the exact opposite of a jobs bill. It’s tees, and a man who understands what Policy Center, approximately 49 per- a boon for the rich, the very antithesis people back home are asking for. cent of the benefits of H.R. 9 would go of smart tax reform, and does nothing Mr. CRAVAACK. I rise today in sup- to 0.3 percent of people with incomes to create opportunities for middle port of this rule and the underlying exceeding $1 million in 2012—each re- class, let alone, poor Americans. In- bill, H.R. 9, the Small Business Tax ceiving an average tax cut of more stead of this misguided legislation be- Cuts Act. than $44,000. fore us today, Madam Speaker, we The fact is, Madam Speaker, Amer- That’s not creating an opportunity should pass policy initiatives that ican small businesses are drowning in environment in which small businesses stimulate economic growth and job red tape, and the National Federation can create jobs. As I’ve said before and creation such as public-private part- of Independent Business has deter- will say again, I have no quarrel with nerships. mined that tax compliance is one of millionaires and billionaires and the When compared to measures such as the biggest costs. wealthiest of us in America. And like infrastructure spending, today’s bill American small businesses now spend my friend from Texas, I want every- would have a relatively small effect on between 1.7 billion and 1.8 billion hours body to be able to have significant strengthening our economy and help- on tax compliance, with a total esti- wealth if that were to be possible. I do, ing businesses create even more jobs. mated cost of between $15- to $16 bil- however, have a problem with legisla- In comparison, for every $1 billion in- lion annually. This wasted time and ef- tion designed to tip the scales in favor vested in infrastructure construction fort would be better invested in cre- of the best among us in this country projects, 18,000 jobs—and nobody con- ating jobs and manufacturing products masquerading as tax cuts for small troverts that, and if you do, say 15,000 instead of handing over hard-earned businesses. jobs—are supported nationwide. And capital to the government. Furthermore, Madam Speaker, the my Governor turned down a billion- I support efforts to reform the Tax Republican justifications for this kind plus dollars for a rail project that had Code and make it simpler to reduce of ‘‘trickle down’’ tax policy are inac- been appropriated and that Repub- those tax compliance costs, and I also curate and debunked by history. In ac- licans and Democrats had sought, and support reducing the tax burden on tuality, tax rates have little bearing on it would have created 18,000 jobs. And American job creators. That’s why I economic productivity. Some of the yet we find ourselves in Florida, just am glad to be cosponsor of H.R. 9, leg- fastest economic growth of the post- like other places in this country, suf- islation that would reduce the burden war period came in the 1950s, when the fering job diminution. This wasn’t faced by small businesses. Since 99.9 top tax rate was above 80 percent. The money that did not go to Illinois, Cali- percent of all U.S. businesses employ slowest growth came in the 2000s, when fornia, and the Northeast Corridor for less than 500 people, small businesses the top tax rate was 35 percent—which rail; it just did not come to Florida. are vital to the American economy. I pay, and which some of you do not be- There are other circumstances. We In the Eighth District, 8 out of 10 cause you are in better circumstances yesterday passed a measure here to ex- jobs are due to small businesses. When than mine, but all of us in the House of tend the transportation measure for 3 I return home, I repeatedly listen to Representatives are better off than the months. Cut me some slack. Jim Ober- the same concerns from small business people we want to really help, other star had been begging us before he left people in the Eighth District. My con- than those that are better off like us. Congress to do a $400 billion infrastruc- stituents are hesitant to expand their Furthermore, Madam Speaker, the ture bill that probably would have put businesses as a result of deficient ac- Republican justifications allow that us in the position of not having to have cess to capital, complex legal burdens, this occurrence, that the change from done the stimulus had we done it when and Tax Code uncertainty. the 1950s to the 2000s, is easy to ex- he asked for it, and we need to do a b 0950 plain. Businesses do not make deci- better bill than the 3-month extension. sions based on tax rates. They make This was the 10th extension of the The Small Business Tax Cut Act im- decisions based on factors specific to transportation measure that we have mediately creates access to capital by their business, like their number of done. We are better than that, and we allowing productive employers to rein- competitors and larger macro- and could have done what the Senate of- vest more of their hard-earned money microeconomic factors. fered, MAP–21, and we would kick-start into their businesses. Bills such as the one before us today this economy rather than kicking this The bill will have an immediate im- ignore this reality in favor of pushing can down the road. pact on every city and town in this Republican pet policies that ignore the Let me tell you something about the country. In fact, more than 22 million actual difficulties facing hardworking can. It’s getting ready to run up small businesses will receive a much- small business owners. In the Rules against a wall or a cliff, and there ain’t needed infusion of capital. Committee, I cited Betty’s Restaurant going to be nowhere else to kick it. Several small business owners that I in Fort Lauderdale, Florida, where I Some day, Republicans and Democrats, have personally spoken with in my dis- eat breakfast and sometimes lunch or liberals and conservatives, are going to trict have already expressed strong dinner. Betty’s doesn’t have more than have to stand up and face the fact that support for this proposal. This includes nine employees. If we were to target we must address this in a significant businesses like RC Fabricators in our relief to 20 percent, Betty would be way, and we can’t have this gridlock, Hibbing, Minnesota, which manufac- in better shape. But if Larry Flynt at and we can’t have this continuing tures precision steel and aluminum ‘‘Hustler’’ is going to be in better shape standoff. construction equipment; Extreme because he has less than 500 employees, This is supposed to be the ‘‘land of Equipment Repairs in Harris, Min- I’m taking Betty. opportunity,’’ Madam Speaker. Let’s nesota, which specializes in large I get my clothes cleaned at Spring make sure that it’s the land of oppor- transport truck repair; and the London Cleaners. They’ve been in business for tunity for rich people. Let’s make sure Road Rental Center in Duluth, Min- over 25 years. The owner of that busi- that it’s the land of opportunity for nesota, which provides all kinds of ness, after he retired, left it with his middle class and poor people. Let’s equipment and party rentals for the daughter. They don’t have more than make sure that it’s the land of oppor- Duluth area. 10 employees in 2 of their cleaning tunity for small and large businesses. For example, because of the recent plants. This kind of measure, if tar- In short, opportunity for all Ameri- success in northern Minnesota’s min- geted to her, would help her. But a law cans. ing and paper industries, RC Fabrica- firm here in Washington or a lobbying I reserve the balance of my time. tors has been looking for ways to ex- firm with 49 lawyers that’s making $500 Mr. SESSIONS. Madam Speaker, at pand, but high taxes have prevented million a year will qualify for this tax this time, I would like to yield 4 min- them from accumulating enough cap- cut, and I’m taking Spring Cleaners utes to the gentleman from Minnesota ital to grow. This bill will ease that tax

VerDate Mar 15 2010 00:41 Apr 20, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.011 H19APPT1 smartinez on DSK7TPTVN1PROD with HOUSE April 19, 2012 CONGRESSIONAL RECORD — HOUSE H1985 burden and allow them to update ma- small businesses. According to the Con- businesses to create jobs here in Amer- chinery, hire workers, and provide gressional Research Service, less than ica. It allows people to go back to high-quality products. These kinds of one-half of 1 percent of businesses may work. Those folks, when they go back stories are repeated throughout the be impacted by the Buffett rule. to work, actually pay taxes. They start country, and this legislation will help Here is what the Buffett rule is really contributing as citizens of this great them. about: fairness. Plain and simple, this country. Madam Speaker, H.R. 9 is a common- is about fairness. It’s high time that we This small business group tax deduc- sense, pro-growth bill that will provide level the playing field between middle tion affects small businesses that are immediate assistance to employers and class taxpayers and those who make minority-owned, that are women- American workers as we labor to jump- over $1 million per year. The Paying a owned, that are veteran-owned busi- start our economy and ease the burden Fair Share Act will help restore peo- nesses. You hear all this talk about felt by small businesses and American ple’s faith that if you work hard and how it affects all these other folks, but families. play by the rules, you’ll have a chance this is really about creating jobs in I urge all of my colleagues to support to get ahead. America. It’s about allowing people the rule as well as the underlying bill. It’s up to Congress to fix this obvious that are entrepreneurs to utilize the Mr. HASTINGS of Florida. Madam injustice. According to a recent CNN resources that they’ve worked hard for Speaker, if we defeat the previous ques- poll, nearly three-quarters of Ameri- and their employees have worked hard tion, I will offer an amendment to the cans support the Buffett rule. Earlier for to create additional jobs. rule to ensure that the House votes on this week, a bipartisan majority of You’ve heard a whole lot of stuff the Buffett rule, which Representative Senators demonstrated their support down here about transportation. The BALDWIN has introduced—and I’m a co- for the Buffett rule to institute tax transportation bill expired back in sponsor of—as H.R. 3903, the Paying a fairness for the middle class. September of 2009. My good friend from Fair Share Act of 2012. This bill would I urge my colleagues to vote to de- Florida, I agree with you, we should ensure that people making over $1 mil- feat the previous question so that I have a long-term transportation bill. lion a year do not pay a lower tax rate may offer the Paying a Fair Share Act, But what did you do since 2009? I got up than middle class Americans. To dis- also known as the Buffett rule. here in 2011. We’re still talking about cuss our amendment to this rule, I’m Mr. SESSIONS. Madam Speaker, the lack of action by this Congress, by very pleased to yield 3 minutes to my we’re hearing a lot of rhetoric today the Senate, and by this President since good friend, the gentlewoman from about all these millionaires that are 2009 to get Americans back to work. Wisconsin (Ms. BALDWIN). out there. And I would be for their When you talk to those that are Ms. BALDWIN. I thank the gen- ideas if they worked, but the facts of small businesses that actually do the tleman from Florida for the time. the case are what they create is less work on roads, they said if you do a 90- I rise today on behalf of the hard- opportunity. day, a 2-year extension, we’re not going working middle class families in Wis- The IRS, on their Web site, shows to add jobs. We’re going to be able to consin and across the country who that there were 37 percent fewer people keep the jobs that we have, but we’re have unfairly been paying at a higher who filed as millionaires one year over not going to add jobs. We’re not going tax rate than multi-millionaires and the next. That’s the latest information to be buying equipment from Cater- billionaires. we have on the IRS Web site—37 per- pillar up in Peoria, Illinois, and put- Working Wisconsinites are struggling cent fewer people reported numbers of ting people to work in Illinois. We’ve to find good-paying jobs, pay their $1 million or more. That falls right in already canceled those jobs. mortgages, send their kids to college, line with what’s happening as America So, Madam Speaker, this is about and save for a secure retirement; mean- goes into bankruptcy. Because this is America. This is about actually look- while, the ultra-rich are reaping bene- about fairness. Well, it shouldn’t be ing people in the eye, those that actu- fits unavailable to the rest of us. No about fairness. It should be about op- ally create jobs. Remember, small busi- wonder middle class Americans have portunities, creating more opportuni- nesses create over 70 percent of the new long felt that our tax system is rigged ties. That’s the same reason why this jobs in America. We’re making them against them. Frankly, it is. same rhetoric, why 63 percent of our the villain in this instead of returning Middle class Americans deserve a children move back in to our homes it back and saying, you know, small Tax Code that is fair. Powerful special when they finish college—lack of op- businesses and entrepreneurs, they’re interests have manipulated our Tax portunities. That’s not fair. Fairness is going to use the money to grow their Code to make sure that the wealthiest opportunity and the chance for people business. That’s why they’re in it. Americans don’t have to pay their fair to go make something better of their That’s why they get into this whole share. Loopholes and special provisions lives. thing in regards to putting their risk, have made it so that billionaire Warren What we’re talking about today will their money, and their reputations at Buffett’s secretary pays a higher tax help some 54,509 women-owned busi- stake. rate than he does. In fact, approxi- nesses in the State of Texas alone that 1000 mately one-quarter of all people who account for 483,000 individuals. That’s b make over $1 million a year pay lower what we’re trying to help and save. You hear about class warfare. We effective tax rates than middle class This is the right thing. I’m very proud heard it here today. families. of it. And I agree about comprehensive tax I introduced the Paying a Fair Share I know what they want to do is raise reform. I’ll give you the best com- Act, which would make the Buffett taxes. I know what they want to do is prehensive tax reform. Why don’t we rule law and ensure that middle class call it fairness. All it simply does is move to the fair tax? workers do not pay a higher tax rate cause further economic malaise and de- Why don’t we move to the fact that than those making over $1 million a ficiencies all across this country of we can encourage our small businesses year. This is a commonsense solution small business. and businesses in America that can that would address the disparity that Madam Speaker, at this time I’d like compete globally instead of under a tax Warren Buffett decried, and it would to yield 3 minutes to the gentleman burden and debt that we have here in reduce the deficit by billions of dollars from Florida (Mr. NUGENT), the gen- America? over the next decade. tleman who sits on the Rules Com- We have the ability to move forward Now, let’s be honest about what the mittee. and do the right thing. Let’s not get Buffett rule is and what it is not. The Mr. NUGENT. Thank you, Mr. Chair- caught up in the semantics and the po- Buffett rule is not a comprehensive tax man. I appreciate the opportunity to be litical rhetoric. Let’s really stand here reform bill, which I favor, by the way. here. and do the right thing for small busi- The Buffett rule is not going to wipe Madam Speaker, we hear so much nesses to allow them, Madam Speaker, our Nation’s deficit away, something out here on the House floor. I support to create the jobs that we know they that I agree must be tackled. The the rule and the underlying legislation can. I have the utmost confidence in Buffett rule is not a tax increase on because it gives the ability to small small businesses.

VerDate Mar 15 2010 00:41 Apr 20, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.013 H19APPT1 smartinez on DSK7TPTVN1PROD with HOUSE H1986 CONGRESSIONAL RECORD — HOUSE April 19, 2012 Mr. HASTINGS of Florida. Madam The stimulus package created 3 mil- A recent study by the U.S. Chamber Speaker, I am very pleased to yield 3 lion jobs because we had a mission of found that 80 percent of small busi- minutes to the distinguished gentle- shovel-ready projects, and, in addition, nesses reported that taxation, regula- woman from Texas (Ms. JACKSON LEE), we gave monies to people who put the tion, and legislation from Washington my good friend. money out on the street. make it harder for them, for their busi- Ms. JACKSON LEE of Texas. I thank The SPEAKER pro tempore. The nesses, to hire more employees. This Judge HASTINGS, I thank him very time of the gentlewoman has expired. tax cut will have an immediate effect, much for telling us the story of Amer- Mr. HASTINGS of Florida. I yield the I believe, on the economy and certainly ica, from spring cleaners to families gentlewoman an additional 30 seconds. in my State. that have held their businesses for a Ms. JACKSON LEE of Texas. I thank Just several weeks ago the Senate, long period of time. the distinguished gentleman. the House, and the White House, we And I really wish I could join my But not in this case. No requirement worked together to pass the JOBS Act; friend. I know he’s pleading for us to for jobs. You want to sit here and tell and I’ve already gotten very positive believe that any job will be created, at-home moms, working moms like the feedback from several people that but, frankly, the answer is that there is young woman that I wanted to tell you they’re, number one, glad that we’re no requirement for jobs to be created about who gets up early morning, looking at the real problem in this under this tax bill. doesn’t get into a car, gets onto a bus, country, which is the lack of jobs and rides that bus to get her child to the What this tax bill does is complicate job creation and, number two, that we school, jumps off the bus, makes sure any manner of tax reform which Amer- did something together, that we she can run to the front door of the icans are begging for. It adds to the al- worked together to try to get ourselves school, drops the child before the bus ready burgeoning, growing Bush tax out of this slow recovery that we’re in turns around to get her back; on the cuts. Now this added burden, $6 trillion right now. bus to go across town to get a job or to in the combination package of the ex- I hope we can work in the same bi- go to her work, you’re cutting her ac- isting tax cuts under the Bush adminis- partisan spirit and pass this tax cut to cess to health care because you’re tak- tration. It adds to the deficit of human give our job creators the ability to hire life. ing $46 billion. Madam Speaker, all I can say to you: somebody else, buy new equipment, ex- And let me just tell you about some This is a budget buster on top of $6 tril- pand their businesses, choose another young woman, a caretaker, a mother, lion of which we are paying for the location, all the things that I think maybe a mother who’s at home and Bush cuts. We’re doing nothing for res- this tax cut bill will provide. works at home, not only to take care taurants, nothing for small businesses, Mr. HASTINGS of Florida. Madam of her children, but has a home busi- and nothing for the working young Speaker, I would urge my friend from ness, or maybe a caretaker taking care woman that I’ve told you about this Texas that I’m going to be the last of an elderly or disabled person. Let me morning. speaker, and I’m prepared to close if he tell you what these tax cuts will do. Mr. SESSIONS. Madam Speaker, I has no further speakers. And this is what it equals. yield myself such time as I may con- Mr. SESSIONS. Thank you very It equals almost $180 billion in cuts sume. much. In fact, I would tell the gen- and food stamps, where soldiers’ fami- By the way, President Obama even tleman we have no additional speakers lies cannot eat and the caretakers can- admitted that did not work, that shov- other than myself, and I’ll plan to not provide for their families. It equals el-ready proposition that he tried to close. to the increase in the Stafford loans to sell across the country simply did not Mr. HASTINGS of Florida. Madam 6.8 percent in interest, where middle work. I would be for the President’s Speaker, I yield myself the balance of class families are priced out of higher ideas if they worked. What they’re the time. education. It equals the cut in Med- about is the supposed fairness, which H.R. 9 is not about creating jobs or icaid to women who need access to diminishes the economic opportunity helping small businesses increase hir- health care. for this country to grow and have jobs ing. It is another in a long line of Re- And I don’t know why we haven’t ad- and make small businesses grow. publican proposals that benefit those of dressed our good friends in the res- Madam Speaker, at this time I yield us, including those of us in the House taurant industry. These are the people 2 minutes to the gentlewoman from of Representatives, that are the better- whose doors are open and truly could West Virginia (Mrs. CAPITO). off Americans at the expense of the hire an additional staff, who has the Mrs. CAPITO. I thank my friend from middle class. smallest margin of profit. Texas for yielding me the time. My Republican friends rejected an We’re not doing anything for depre- I wanted to come down and talk amendment offered by our colleague, ciation relief. No, we’re sitting around today. I support the rule, but I really Representative CROWLEY, which I of- giving the top 3 percent over one-half support H.R. 9, the Small Business Tax fered in the Rules Committee in his of this tax break, a big Christmas in Cut bill. This tax relief will go to 28,000 stead, which would have prevented the middle of April. 125,000 millionaires small businesses in West Virginia. businesses from eliminating jobs in the will get a check for $58,000, and then I’m from a small State. Small busi- United States while creating jobs over- it’ll cost a budget busting $46 billion. nesses, I heard earlier, the statistics, seas under this bill. In my own State of Texas, there’s an create 70 percent of the jobs. In my Procedurally, it is also disconcerting article that says we’re pricing the mid- State, it’s probably 90 percent of the that, contrary to my Republican col- dle class, Congressman HASTINGS, out jobs are small business owners. Entre- leagues’ self-professed commitment to of higher education. They’re investing preneurship and small businesses are an open process, Democrats have been in research, but tuition is going up and going to drive us to recovery, not more allowed only one substitute in an oth- there’s no relief. And the loans that we spending and more debt. erwise closed process. Nor was H.R. 9 give from the Federal Government, as I I heard the gentlelady talk about res- the subject of any hearing before either said, will be almost 7 percent in inter- taurants. That’s who this is aimed at. the full Ways and Means Committee, or est in just about 70 days. This is what Our top three small businesses in West the Select Revenue Measures Sub- this tax cut will do. Virginia would be health care and the committee, with the exception of a I’m not afraid to stand up for small service industry and the food industry. brief question-and-answer session with businesses, but you absolutely need to I’ve spent the last 2 weeks traveling Joint Committee on Taxation staff look at the framework. Five hundred in my district and listening to the con- during the markup. employees. You could be a big law firm. cerns of families and job creators. Finally, instead of taking real steps You could be a big engineering firm. They’re very frustrated, very frus- to address the very real need to create And God bless you; I want you to keep trated by the high price of gasoline, opportunities for businesses to succeed working. That’s why I voted on the rising health care costs, and new regu- in a still nascent economic recovery, transportation bill. But what I need to lation upon new regulation. It’s mak- House Republicans are more than will- have happen is that there is a require- ing it difficult for our job creators to ing to rush through another tax bill ment for jobs. operate and to grow the jobs. that could, if it were to pass—and it is

VerDate Mar 15 2010 00:41 Apr 20, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.015 H19APPT1 smartinez on DSK7TPTVN1PROD with HOUSE April 19, 2012 CONGRESSIONAL RECORD — HOUSE H1987 not going to, and they know that—only ties for Americans. Obviously, what that employ millions of American workers as help those of us that are better off in we’re here today to do is to grow the a precondition for cutting our bloated fed- society, while sticking middle- and economy. eral spending. lower-income families with the bill and Madam Speaker, I would like to in- To see the real world effect of this proposal on jobs and the economy, President Obama’s creating exactly zero jobs. clude in the RECORD an article which is home state provides a useful, cautionary ex- b 1010 from The Wall Street Journal, June of ample. 2011. I would like to read just a little And you call this opportunity? This past January, Illinois Governor Pat bit of this: Quinn signed into law a 67 percent increase Madam Speaker, I ask unanimous This past January, Illinois Governor Pat in the state personal income tax rate and a consent to insert the text of the Quinn signed into law a 67 percent increase 45 percent increase in corporate taxes. Be- amendment to the rule in the RECORD in the State personal income tax rate and a tween its passage and June, Illinois lost along with extraneous material imme- 45 percent increase in corporate taxes. 56,223 jobs according to statistics released diately prior to the vote on the pre- By the way—and it’s off what is last week. vious question. here—this was done for fairness. It is To combat the job losses caused by the The SPEAKER pro tempore. Is there the same proposal that Barack Obama, higher taxes on businesses, the Illinois De- objection to the request of the gen- partment of Commerce ‘‘has already shelled as our President who was just elected, out some $230 million in corporate subsidies tleman from Florida? was trying to push in the campaign. Il- There was no objection. to keep more than two dozen companies from linois thought it sounded really, really fleeing the state.’’ Mr. HASTINGS of Florida. Madam great. So let’s see what happened, what So not only is Illinois bleeding productive Speaker, I urge my colleagues to vote the fairness resulted in, and I go back jobs, but it’s now allowing the government ‘‘no’’ on this opportunity-destroying to the article, that between its passage to pick winners (large, politically-connected measure and to defeat the previous and June—6 months later—Illinois lost companies) and losers (everyone else). question. I urge a ‘‘no’’ vote on the 56,223 jobs according to statistics re- Extracting an ever-increasing toll from job rule, and I yield back the balance of leased by their own departments there creators is simply the wrong answer for my time. American jobs. Just ask the 56,000 Illinoisans in the State of Illinois. But here is who have lost their jobs since January. Mr. SESSIONS. I appreciate the gen- what’s really amazing. It’s not just tleman from Florida, not only for his Spreading this failure nationwide is simply that they lost the jobs, but it’s the not an option. vigorous defense of the Democrat posi- hysteria that ensued therein. I con- We are in a debt crisis not because we tax tion to increase taxes, but I would like tinue to read: too little, but because Democrat-led Wash- to, if I can, state what really are the To combat the job losses caused by the ington spends beyond its means. House Re- facts of the case and what is in this higher taxes on businesses, the Illinois De- publicans have been focused on encouraging bill. partment of Commerce ‘‘has already shelled and providing certainty (not new burdens) to The claim is that tax cuts will be out some $230 million in corporate subsidies our job creators—and paying down our na- available for small businesses even if to keep more than two dozen companies from tion’s debt for our children. they ship jobs overseas. Well, the fact fleeing the State.’’ The rest of America simply cannot afford is this legislation allows the 20 percent So they were not even going to get more of the failed policies of the President’s deduction for qualified domestic busi- home state, and House Republicans will fight $230 million worth of additional rev- against tax hikes so that we may ensure a ness income. Domestic. That’s here. enue. They put this tax on, and now brighter future for generations to come. Domestic business. It would not be al- they’re having to beg people to stay. The material previously referred to lowed to include money that was Madam Speaker, I would be for what by Mr. HASTINGS of Florida is as fol- earned overseas. So I think that that is President Obama and our friends, the lows: a good part of this bill. I think what Democrats, are for if it worked the way Mr. CANTOR did is understand that we they said it would. The facts of the AN AMENDMENT TO H. RES. 620 OFFERED BY are trying to grow American jobs. case are simple. MR. HASTINGS OF FLORIDA There have also been a lot of state- The Republicans understand busi- At the end of the resolution, add the fol- ments made by our friends, but I think ness, but we understand the ability to lowing new sections: the American people need to hear this listen and give small business what it’s SEC. 2. Immediately upon adoption of this about the bill and the substitute, asking for. They’ll do their job. I know resolution the Speaker shall, pursuant to which will be allowed and which was clause 2(b) of rule XVIII, declare the House small business and I know it well. resolved into the Committee of the Whole allowed in the Rules Committee, and They’ll get their job done, and they’ll House on the state of the Union for consider- that is, similar to H.R. 9, which is this do it quite well. They will add employ- ation of the bill (H.R. 3903) to reduce the def- bill, the Levin amendment, which ment. They will hire their neighbors. icit by imposing a minimum effective tax would be the substitute, does not in- They will hire more women and mi- rate for high-income taxpayers. All points of clude any provision addressing compa- norities who can come in. They will order against consideration of the bill are nies that continue to make foreign in- provide real dreams for people and give waived. General debate shall be confined to vestment. It’s devoid of that. Both pro- them not just that entrepreneurship the bill and shall not exceed one hour equal- posals do tie the small business tax de- ly divided and controlled by the chair and angle but the angle to make sure that ranking minority member of the Committee duction to domestic wages. Both bills we’re adding revenue in this country. on Ways and Means. After general debate the do that exact same thing. So to accuse Republicans get it and Democrats, bill shall be considered for amendment under us of not doing something or some- too. We are for fairness in a different the five-minute rule. All points of order thing that would create or stop busi- way. Fairness comes from a job and job against provisions in the bill are waived. At ness from having jobs overseas, that’s creation and the American Dream, not the conclusion of consideration of the bill for devoid of that in both bills. They are losing jobs and explaining to people, amendment the Committee shall rise and re- both consistent. It’s about domestic I’m sorry, we just had to do this just to port the bill to the House with such amend- works. ments as may have been adopted. The pre- make things fair. vious question shall be considered as ordered Similar to H.R. 9, the Levin amend- Fairness and not having a job is not on the bill and amendments thereto to final ment does not require job creation to fairness. We’re aiming for job creation passage without intervening motion except benefit from the tax deduction. No one and the development of that, and that’s one motion to recommit with or without in- says you have to go and create jobs. We why we’re asking people to make sure structions. If the Committee of the Whole understand enough about business to that we pass this bill today. I applaud rises and reports that it has come to no reso- know this is what they’re asking for so Republican Majority Leader ERIC CAN- lution on the bill, then on the next legisla- tive day the House shall, immediately after they can grow jobs. TOR for introducing this legislation. It The Levin amendment does deviate the third daily order of business under clause comes from his listening to people 1 of rule XIV, resolve into the Committee of from H.R. 9 in one very significant across this country. the Whole for further consideration of the way, and that is the amount of money I encourage a ‘‘yes’’ vote on the rule. bill. that would be available to small busi- Over the last few weeks, President Barack SEC. 3. Clause 1(c) of rule XIX shall not ness so that they can expand the econ- Obama has adamantly supported raising apply to the consideration of the bill speci- omy, grow jobs, and create opportuni- taxes on corporations and small businesses fied in section 2 of this resolution.

VerDate Mar 15 2010 00:41 Apr 20, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K19AP7.016 H19APPT1 smartinez on DSK7TPTVN1PROD with HOUSE H1988 CONGRESSIONAL RECORD — HOUSE April 19, 2012 (The information contained herein was Mr. SESSIONS. I yield back the bal- Schock Southerland Walberg provided by the Republican Minority on mul- Schweikert Stearns Walden ance of my time, and I move the pre- Scott (SC) Stivers Webster tiple occasions throughout the 110th and vious question on the resolution. 111th Congresses.) Scott, Austin Stutzman West The SPEAKER pro tempore. The Sensenbrenner Sullivan Westmoreland THE VOTE ON THE PREVIOUS QUESTION: WHAT Sessions Terry Whitfield IT REALLY MEANS question is on ordering the previous Shimkus Thompson (PA) Wilson (SC) This vote, the vote on whether to order the question. Shuler Thornberry Wittman previous question on a special rule, is not The question was taken; and the Shuster Tiberi Wolf Speaker pro tempore announced that Simpson Tipton Womack merely a procedural vote. A vote against or- Smith (NE) Turner (NY) Woodall dering the previous question is a vote the ayes appeared to have it. Smith (NJ) Turner (OH) Yoder against the Republican majority agenda and Mr. HASTINGS of Florida. Madam Smith (TX) Upton Young (IN) a vote to allow the opposition, at least for Speaker, on that I demand the yeas the moment, to offer an alternative plan. It NAYS—179 is a vote about what the House should be de- and nays. Ackerman Frank (MA) Nadler bating. The yeas and nays were ordered. Altmire Fudge Neal Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- Andrews Garamendi Olver Baca Gonzalez House of Representatives (VI, 308–311), de- ant to clause 8 and clause 9 of rule XX, Owens scribes the vote on the previous question on Baldwin Green, Al Pallone this 15-minute vote on ordering the Barrow Green, Gene the rule as ‘‘a motion to direct or control the Pascrell Bass (CA) Grijalva Pastor (AZ) consideration of the subject before the House previous question will be followed by 5- minute votes on adopting House Reso- Becerra Gutierrez Pelosi being made by the Member in charge.’’ To Berkley Hahn Perlmutter defeat the previous question is to give the lution 620, if ordered; and agreeing to Berman Hanabusa Peters opposition a chance to decide the subject be- the Speaker’s approval of the Journal. Bishop (GA) Hastings (FL) Peterson fore the House. Cannon cites the Speaker’s The vote was taken by electronic de- Bishop (NY) Heinrich Pingree (ME) Blumenauer Higgins ruling of January 13, 1920, to the effect that vice, and there were—yeas 234, nays Polis ‘‘the refusal of the House to sustain the de- Bonamici Himes Price (NC) 179, not voting 18, as follows: Boswell Hinchey Quigley mand for the previous question passes the Brady (PA) Hinojosa control of the resolution to the opposition’’ [Roll No. 172] Rahall Brown (FL) Hirono Reyes in order to offer an amendment. On March Butterfield Hochul YEAS—234 Richardson 15, 1909, a member of the majority party of- Capps Holden Adams Forbes Lungren, Daniel Richmond Capuano Holt fered a rule resolution. The House defeated Aderholt E. Rothman (NJ) Fortenberry Cardoza Honda the previous question and a member of the Akin Mack Roybal-Allard Foxx Carnahan Hoyer opposition rose to a parliamentary inquiry, Alexander Marchant Ruppersberger Franks (AZ) Carney Israel asking who was entitled to recognition. Amash Matheson Rush Frelinghuysen Carson (IN) Jackson (IL) Amodei McCarthy (CA) Ryan (OH) Speaker Joseph G. Cannon (R–Illinois) said: Gallegly Castor (FL) Jackson Lee Austria McCaul Sa´ nchez, Linda ‘‘The previous question having been refused, Gardner Chandler (TX) Bachmann McClintock T. the gentleman from New York, Mr. Fitz- Garrett Chu Johnson (GA) Bachus McCotter Sanchez, Loretta gerald, who had asked the gentleman to Gerlach Cicilline Johnson, E. B. Barletta McHenry Sarbanes Gibbs Clarke (MI) Kaptur yield to him for an amendment, is entitled to Bartlett McIntyre Gibson Clarke (NY) Keating Schakowsky the first recognition.’’ Barton (TX) McKeon Gingrey (GA) Clay Kildee Schiff Because the vote today may look bad for Benishek McKinley Gohmert Cleaver Kind Schrader the Republican majority they will say ‘‘the Berg McMorris Goodlatte Clyburn Kissell Schwartz Biggert Rodgers vote on the previous question is simply a Gowdy Cohen Kucinich Scott (VA) Bilbray Meehan vote on whether to proceed to an immediate Granger Connolly (VA) Langevin Scott, David Bilirakis Mica vote on adopting the resolution . . . [and] Graves (GA) Conyers Larsen (WA) Serrano Black Miller (FL) has no substantive legislative or policy im- Graves (MO) Cooper Larson (CT) Sherman Blackburn Miller (MI) plications whatsoever.’’ But that is not what Griffin (AR) Costa Lee (CA) Sires Bonner Miller, Gary Griffith (VA) Costello Levin Smith (WA) they have always said. Listen to the Repub- Bono Mack Mulvaney Grimm Courtney Lewis (GA) Speier lican Leadership Manual on the Legislative Boren Murphy (PA) Guthrie Critz Lipinski Stark Process in the United States House of Rep- Boustany Myrick Hall Crowley Loebsack Sutton Brady (TX) Neugebauer resentatives, (6th edition, page 135). Here’s Hanna Cuellar Lofgren, Zoe Thompson (CA) Brooks Noem how the Republicans describe the previous Harper Cummings Lowey Thompson (MS) Broun (GA) Nugent question vote in their own manual: ‘‘Al- Harris Davis (CA) Luja´ n Tierney Buchanan Nunes though it is generally not possible to amend Hartzler Davis (IL) Lynch Tonko Bucshon Nunnelee Hastings (WA) DeFazio Maloney Towns the rule because the majority Member con- Buerkle Olson Hayworth DeGette Markey Tsongas trolling the time will not yield for the pur- Burgess Palazzo Heck DeLauro Matsui Van Hollen pose of offering an amendment, the same re- Calvert Paulsen Hensarling Deutch McCarthy (NY) Vela´ zquez sult may be achieved by voting down the pre- Camp Pearce Herger Dicks McCollum Visclosky vious question on the rule . . . When the mo- Campbell Pence Herrera Beutler Dingell McDermott Walz (MN) Canseco Petri tion for the previous question is defeated, Huelskamp Doggett McGovern Wasserman Cantor Pitts control of the time passes to the Member Huizenga (MI) Donnelly (IN) McNerney Schultz Capito Platts who led the opposition to ordering the pre- Doyle Meeks Waters Carter Hultgren Poe (TX) Edwards Michaud Watt vious question. That Member, because he Cassidy Hunter Pompeo Ellison Miller (NC) Waxman then controls the time, may offer an amend- Chabot Hurt Posey Engel Miller, George Welch ment to the rule, or yield for the purpose of Chaffetz Issa Price (GA) Eshoo Moore Wilson (FL) Coble Jenkins Quayle amendment.’’ Farr Moran Woolsey Coffman (CO) Johnson (IL) Reed In Deschler’s Procedure in the U.S. House Fattah Murphy (CT) Yarmuth Cole Johnson (OH) Rehberg of Representatives, the subchapter titled Johnson, Sam ‘‘Amending Special Rules’’ states: ‘‘a refusal Conaway Reichert NOT VOTING—18 Cravaack Jones Renacci to order the previous question on such a rule Bass (NH) Gosar Rangel Crawford Jordan Ribble Bishop (UT) Guinta Sewell [a special rule reported from the Committee Crenshaw Kelly Rigell Braley (IA) Manzullo Slaughter on Rules] opens the resolution to amend- Culberson King (IA) Rivera Burton (IN) Marino Walsh (IL) ment and further debate.’’ (Chapter 21, sec- Davis (KY) King (NY) Roby Filner Napolitano Young (AK) tion 21.2) Section 21.3 continues: ‘‘Upon re- Denham Kingston Roe (TN) Flake Paul Young (FL) jection of the motion for the previous ques- Dent Kinzinger (IL) Rogers (AL) DesJarlais Kline Rogers (KY) tion on a resolution reported from the Com- Labrador b 1041 mittee on Rules, control shifts to the Mem- Diaz-Balart Rogers (MI) Dold Lamborn Rohrabacher Mr. PETERS changed his vote from ber leading the opposition to the previous Dreier Lance Rokita question, who may offer a proper amendment Duffy Landry Rooney ‘‘yea’’ to ‘‘nay.’’ or motion and who controls the time for de- Duncan (SC) Lankford Ros-Lehtinen So the previous question was ordered. bate thereon.’’ Duncan (TN) Latham Roskam The result of the vote was announced Clearly, the vote on the previous question Ellmers LaTourette Ross (AR) Emerson Latta Ross (FL) as above recorded. on a rule does have substantive policy impli- Stated against: cations. It is one of the only available tools Farenthold Lewis (CA) Royce Fincher LoBiondo Runyan for those who oppose the Republican major- Mr. FILNER. Mr. Speaker, on rollcall No. Fitzpatrick Long Ryan (WI) 172, I was away from the Capitol due to prior ity’s agenda and allows those with alter- Fleischmann Lucas Scalise native views the opportunity to offer an al- Fleming Luetkemeyer Schilling commitments to my constituents. Had I been ternative plan. Flores Lummis Schmidt present, I would have voted ‘‘nay.’’

VerDate Mar 15 2010 01:25 Apr 20, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 9920 E:\CR\FM\A19AP7.005 H19APPT1 smartinez on DSK7TPTVN1PROD with HOUSE April 19, 2012 CONGRESSIONAL RECORD — HOUSE H1989 Ms. SEWELL. Mr. Speaker, on rollcall No. Royce Smith (NE) Upton A motion to reconsider was laid on 172, had I been present, I would have voted Runyan Smith (NJ) Walberg the table. Ryan (WI) Smith (TX) Walden ‘‘nay.’’ Scalise Southerland Webster Stated against: Mrs. NAPOLITANO. Mr. Speaker, on Thurs- Schilling Stearns West Mr. FILNER. Mr. Speaker, on rollcall 173, I day, April 19, 2012, I was absent during roll- Schmidt Stivers Westmoreland was away from the Capitol due to prior com- Schweikert Stutzman call vote No. 172 due to a family medical Whitfield mitments to my constituents. Had I been Scott (SC) Sullivan Wilson (SC) Scott, Austin Terry emergency. Had I been present, I would have Wittman present, I would have voted ‘‘no.’’ Sensenbrenner Thompson (PA) voted ‘‘nay’’ on Ordering the Previous Ques- Wolf Mrs. NAPOLITANO. Mr. Speaker, on Thurs- Sessions Thornberry Womack tion to H. Res. 620, Providing for consider- Shimkus Tiberi day, April 19, 2012, I was absent during roll- ation of H.R. 9, Small Business Tax Cut Act. Shuler Tipton Woodall call vote No. 173 due to a family medical The SPEAKER pro tempore. The Shuster Turner (NY) Yoder emergency. Had I been present, I would have Young (IN) question is on the resolution, as Simpson Turner (OH) voted ‘‘no’’ on agreeing to the resolution, as amended. NOES—178 amended, to H. Res. 620, providing for con- The question was taken; and the Ackerman Fudge Olver sideration of H.R. 9, Small Business Tax Cut Speaker pro tempore announced that Altmire Garamendi Owens Act. the ayes appeared to have it. Andrews Gonzalez Pallone Baca Green, Al Pascrell f RECORDED VOTE Baldwin Green, Gene Pastor (AZ) Mr. HASTINGS of Florida. Madam Barrow Grijalva Pelosi THE JOURNAL Speaker, I demand a recorded vote. Bass (CA) Gutierrez Perlmutter Becerra Hahn The SPEAKER pro tempore. The un- A recorded vote was ordered. Peters Berkley Hanabusa Peterson finished business is the question on The SPEAKER pro tempore. This Berman Hastings (FL) Pingree (ME) Bishop (GA) Heinrich agreeing to the Speaker’s approval of will be a 5-minute vote. Polis Bishop (NY) Higgins the Journal, on which the yeas and Price (NC) The vote was taken by electronic de- Blumenauer Himes Quigley nays were ordered. vice, and there were—ayes 234, noes 178, Bonamici Hinchey Rahall The question is on the Speaker’s ap- not voting 19, as follows: Boswell Hinojosa Brady (PA) Hirono Reyes proval of the Journal. [Roll No. 173] Brown (FL) Hochul Richardson This will be a 5-minute vote. Richmond AYES—234 Butterfield Holden The vote was taken by electronic de- Capps Holt Rothman (NJ) Adams Fleischmann Long Capuano Honda Roybal-Allard vice, and there were—yeas 290, nays Aderholt Fleming Lucas Cardoza Hoyer Ruppersberger 118, answered ‘‘present’’ 3, not voting Akin Flores Luetkemeyer Carnahan Israel Rush Alexander Forbes 20, as follows: Lummis Carney Jackson (IL) Ryan (OH) Amash Fortenberry Lungren, Daniel Carson (IN) Jackson Lee Sa´ nchez, Linda [Roll No. 174] Amodei Foxx E. Castor (FL) (TX) T. Austria Franks (AZ) YEAS—290 Mack Chandler Johnson (GA) Sanchez, Loretta Bachmann Frelinghuysen Marchant Ackerman Cooper Heinrich Chu Johnson, E. B. Sarbanes Bachus Gallegly Matheson Aderholt Crawford Hensarling Cicilline Kaptur Schakowsky Barletta Gardner McCarthy (CA) Akin Crenshaw Herger Clarke (MI) Keating Schiff Bartlett Garrett Alexander Crowley McCaul Clarke (NY) Kildee Higgins Barton (TX) Gerlach Schrader Amodei Cuellar McClintock Clay Kind Himes Benishek Gibbs Schwartz Austria Culberson McCotter Cleaver Kucinich Hinchey Berg Gibson Scott (VA) Baca Davis (CA) McHenry Clyburn Langevin Hinojosa Biggert Gingrey (GA) Scott, David Bachmann Davis (IL) McIntyre Cohen Larsen (WA) Hirono Bilbray Gohmert Serrano Bachus DeGette McKeon Connolly (VA) Larson (CT) Hochul Bilirakis Goodlatte Sewell Barletta DeLauro McKinley Conyers Lee (CA) Holden Black Gowdy Sherman Barrow Denham McMorris Cooper Levin Holt Blackburn Granger Sires Bartlett Deutch Rodgers Costa Lewis (GA) Huizenga (MI) Bonner Graves (GA) Smith (WA) Barton (TX) Diaz-Balart Meehan Costello Lipinski Hultgren Bono Mack Graves (MO) Speier Becerra Dicks Mica Courtney Loebsack Hunter Boren Griffin (AR) Stark Berg Dingell Miller (FL) Critz Lofgren, Zoe Hurt Boustany Grimm Sutton Berkley Doggett Miller (MI) Crowley Lowey Issa Brady (TX) Guthrie Thompson (CA) Berman Doyle Miller, Gary Cuellar Luja´ n Jenkins Brooks Hall Thompson (MS) Bilbray Dreier Mulvaney Cummings Lynch Johnson (GA) Broun (GA) Hanna Bilirakis Duncan (SC) Murphy (PA) Davis (CA) Maloney Tierney Johnson (IL) Buchanan Harper Bishop (GA) Duncan (TN) Myrick Davis (IL) Markey Tonko Johnson, E. B. Bucshon Harris Black Edwards Neugebauer DeFazio Matsui Towns Johnson, Sam Buerkle Hartzler Blackburn Ellison Noem DeGette McCarthy (NY) Tsongas Jones Burgess Hastings (WA) Blumenauer Ellmers Nugent DeLauro McCollum Van Hollen Jordan Calvert Hayworth Bonamici Emerson Nunes Deutch McDermott Vela´ zquez Kaptur Camp Heck Bonner Engel Nunnelee Dicks McGovern Visclosky Kelly Campbell Hensarling Bono Mack Eshoo Olson Dingell McNerney Walz (MN) Kildee Canseco Herger Boren Farenthold Palazzo Doggett Meeks Wasserman King (IA) Cantor Herrera Beutler Boustany Farr Paulsen Doyle Michaud Schultz King (NY) Capito Huelskamp Brady (TX) Fincher Pearce Edwards Miller (NC) Waters Kingston Carter Huizenga (MI) Brooks Fleischmann Pence Ellison Miller, George Watt Kinzinger (IL) Cassidy Hultgren Broun (GA) Fleming Petri Engel Moore Waxman Kissell Chabot Hunter Brown (FL) Flores Pitts Eshoo Moran Welch Kline Chaffetz Hurt Buchanan Fortenberry Platts Farr Murphy (CT) Wilson (FL) Labrador Coble Issa Bucshon Frank (MA) Poe (TX) Fattah Nadler Woolsey Lamborn Coffman (CO) Jenkins Buerkle Franks (AZ) Pompeo Frank (MA) Neal Yarmuth Lance Cole Johnson (IL) Posey Butterfield Frelinghuysen Landry Conaway Johnson (OH) Price (GA) NOT VOTING—19 Calvert Gallegly Lankford Cravaack Johnson, Sam Quayle Camp Garamendi Larsen (WA) Bass (NH) Griffith (VA) Schock Crawford Jones Reed Campbell Gibbs Larson (CT) Bishop (UT) Guinta Crenshaw Jordan Rehberg Slaughter Canseco Gingrey (GA) LaTourette Braley (IA) Manzullo Culberson Kelly Reichert Walsh (IL) Cantor Gonzalez Latta Burton (IN) Marino Davis (KY) King (IA) Renacci Young (AK) Capito Goodlatte Levin Filner Napolitano Denham King (NY) Ribble Young (FL) Capps Gowdy Lewis (CA) Flake Paul Dent Kingston Rigell Carnahan Granger Lipinski Gosar Rangel DesJarlais Kinzinger (IL) Rivera Carney Graves (GA) Loebsack Diaz-Balart Kissell Roby ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Carson (IN) Green, Al Lofgren, Zoe Dold Kline Roe (TN) Carter Griffith (VA) Long Donnelly (IN) Labrador Rogers (AL) The SPEAKER pro tempore (during Cassidy Grimm Lowey Dreier Lamborn Rogers (KY) the vote). There is 1 minute remaining. Chabot Guthrie Lucas Duffy Lance Rogers (MI) Chaffetz Hahn Luja´ n Duncan (SC) Landry Rohrabacher b 1050 Cicilline Hall Lummis Duncan (TN) Lankford Rokita Clarke (MI) Hanabusa Lungren, Daniel Ellmers Latham Rooney So the resolution, as amended, was Clay Harper E. Emerson LaTourette Ros-Lehtinen agreed to. Coble Harris Mack Farenthold Latta Roskam Cole Hastings (FL) Maloney Fincher Lewis (CA) Ross (AR) The result of the vote was announced Connolly (VA) Hastings (WA) Marchant Fitzpatrick LoBiondo Ross (FL) as above recorded. Conyers Hayworth Matsui

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