reconsider is laid on the table.

the speaker pro tempore: would members please clear the aisles and take their conversations and take their conversations off the floor. would members please clear the aisles and take their conversations off the floor.

for what purpose does the gentleman from michigan seek recognition? >> madam speaker, pursuant to h.r. -- h.res. 1205, i call up h.r. 4849, the small business and infrastructure jobs tax act and ask for its immediate consideration. the speaker pro tempore: the clerk will report the title of the bill. the clerk: calendar 257, a bill to amend the internal revenue code of 1986 to provide tax incentives for small business jobs creation, extend america bonds program, and for other purposes. the speaker pro tempore: once again, i would like members to please take their conversations off the floor.

the speaker pro tempore: pursuant to house resolution 1205, the amendment in nature of a substitute printed in the bill modified by the amendment printed in house report 111-455 is adopted and the bill, as amended, is considered read. the house will be in order. the gentleman from michigan, mr. levin and the gentleman from michigan, mr. camp, will each control 30 minutes. the chair recognizes the gentleman from michigan, mr. levin. mr. levin: i ask that all

members have five legislative days to revise and extend their remarks and insert extraneous material in the record. the speaker pro tempore: without objection, so ordered. the gentleman from michigan is recognized. mr. levin: in addition, ways and means ranking member dave camp and i asked the joint party on taxation to make available to the public a technical explanation of the modifications made to h.r. 4849 by the rule this technical explanation supplements committee report 111-454 with information on the committee's understanding and legislative intent behind these modifications. it is available on the joint committee's website at www.jc tsks.gov and is listed under document number jcx-21-10. the speaker pro tempore: without objection. will the gentleman suspend.

would staff please take their conversations off the floor. the gentleman from michigan is recognized. mr. levin: it's my pleasure to yield one minute to our distinguished minority leader, steny hoyer of maryland. the speaker pro tempore: the gentleman from maryland is recognize plsmed hoyer: i thank the gentleman for yielding and i congratulate him for his leadership and thank mr. camp as well for his work. in the fall of 2008, america did not know whether it was heading for a second great depression. those weren't my words, they were the words of ben bernanke, head of the federal reserve. since then, the work of the obama administration and the democratic congress has headed off disaster. most important has been the recovery act, which cut tacks for small businesses and 95% of

families, funded thousands of job-creating projects across america, provided emergency assistance to those hit hardest by the recession, saved states from laying off teachers, firefighters and police officers and much more. no matter what its partisan critics say, the facts say it clearly. the recovery act is working. the recovery act created some two million jobs and since president obama took office, monthly job losses are down 96%. from 7266,000 other a four-month average in the latter part of the bush administration to 27,500 over the last four months. 96% improvement in job losses. that's not success but it is progress. success will be when we grow jobs as we did in november. our economy is growing again.

in the most recent quarter, it grew by 9.5%, the fastest rate in six years and the second straight quarter of growth under president obama. in addition, it's a 12.3% turn around from the last quart ore of 2008 to the last quarter of 2009. the dow is up some 60-plus percent from the low it hit shortly after president obama signed the recovery act. the s&p 500 is up from its low and the nasdaq is up 87% since we passed the recovery act. that's progress to be proud of. but as long as millions of americans remain out of work through no fault of their own, we have not reached the goal. we have not had the success we want. we know that to a family struggling through chronic unemployment, all the positive economic numbers in the world must look like they bear little relation to reality.

that's because time and again, employment numbers are the last part of a recession to turn around. the families who are struggling and suffering right now did not create this economic collapse but they are bearing its brunt. so it's imperative that we act for them. this month, the president signed the hire act, which eliminated the payroll tax for every employed work whore is hired. -- worker who is hire the good news about that is we don't pay anything unless we accomplish the objective. if they add the job they get the credit, which the nonpartisan c.b.o. calls the most -- one of the most effective methods of job creation. it also gives businesses tax credits for keeping new employees on the payroll, helps small business finance their expansion and creates much-need job training and highway programs. when the house passed the hire

act, the democrats made it clear on this floor it was an important step but by no means the last one. that's why we're back here today and that's why i urge my colleagues to support the smaug business and train structure jobs act this bill expands the successful build america bonds and recovery zone bonds, which help state and local governments fund needed projects and put people to work. as of this month, build america bonds help state and local governments pay for 78 -- $78 billion in infrastructure programs, projects that were needed but did not have the funds. build america bonds assured they had the funds and created the jobs. this bill also contain pross visions to help small business innovate and grow. it increases the deduction for business startup expenses, so enterprising americans all over our country will have stronger incentives to open the books of new businesses.

an important measure we owe to my maryland colleague and friend congressman frank kratovil. it excludes 100% of small business capital gains from taxation which will lead to a new influx of investment, investment small businesses need to expand and hire new workers. for democrats, job creation is our single most important job. i think, frankly, republicans share that sentiment. i think that's a bipartisan sentiment. this bill carries that work forward and i believe it will provide significant relief to the americans who are still feeling the recession's harsh effects. again, i congratulate mr. levin for the work of his committee in bringing this to the floor. i also want to congratulate my friend charlie rangel, who has been so instrumental in working on these jobs bills for so long and, madam speaker, i urge my colleagues to strongly support the legislation. i yield back the balance of my time.

the speaker pro tempore: the gentleman from michigan is recognized. mr. camp: thank you, madam speaker. i yield myself such time as i may consume. the speaker pro tempore: the gentleman from michigan. mr. camp: it's tough to see the bill as either a small business bill or a jobs bill. specifically, i have three concerns. one, it raises tacks on employers during a recession. making it tougher for americans to find needed work. two, roughly 80% of the so-called tax relief in the bill is dedicated to state and local governments. small governments are not small business. and they do not create this kind of private sector jobs we need. and three, the limited and very narrow tax provisions, even if well intentioned, will not do enough to help employers create jobs. under this bill american jobs will be taxed. that's the simple truth regarding the provision limiting treaty benefits for certain deductible payments . this is very similar to

something that was introduced by mr. doggett and provides 40% of the $19.4 billion of the tax i creases in the bill. there's never a good time to raise taxes on employers and american workers, but given the continued weakness in the economy, now may be the worst time. data from the department of labor confirms that 48 states have lost jobs since the democrats' stimulus bill passed. 3.3 million jobs have been eliminated since the democrats' stimulus bill passed. and a record 60 million americans are out of work. in case you needed more evidence that the democrats' stimulus bill failed, just look at the $2.5 quote-unquote emergency wellfare spending paid out.

that's the third year. this bill increases spending, it increases taxes and will not create private sector jobs. in that respect, this is the mini me of the democrats' stimulus bill. i urge my colleagues to vote no, and i reserve the balance of my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from michigan is recognized. mr. levin: i yield myself as much time as i shall consume. the speaker pro tempore: the gentleman from michigan. mr. levin: this indeed is a jobs bill. it's a continuation of the work in this congress by some of us to spur job creation to recover from the 8.4 million jobs lost in this recession. and to improve the quality of life in our communities. the cornerstone indeed of this package is an extension of the build america bonds program. it's been an effective tool in

job creation. it's been a vital resource for state and local governments looking to advance infrastructure programs. mr. camp talks about the number of states. i think you refer to 47 where jobs have been lost. i think every one of those states, it's 46, have benefited from the build america bonds programs. the money goes to local communities for infrastructure and that creates jobs. that's why finance experts have said about babs,s one of the economic recovery efforts' biggest successes. as i mentioned, as of march 1, 2010, state and local governments have used babs to invest $78 billion in infrastructure programs. with your permission, madam speaker, i'd like to submit for

the record a list by states about the bonds program. the speaker pro tempore: without objection, so ordered. len levin the legislation excludes 100% of capital gains -- mr. levin: the legislation excludes 100% of capital gains tax. it will in turn help small businesses hire new workers and continue fueling our economic recovery. and remove owners' penalties from small businesses so they can create more jobs. also, there's a provision, an important one, to reduce the barrier of startup expenses on new businesses. the bill would also extend for one year the tanf emergency contingency fund. the governor's association has said this fund helps, and i quote, speed economic recovery through subsidizing employment and training programs, end of quote. this bill is completely offset

and will not add a dime to the federal deficit. the bill is offset with provisions to ensure compliance with our tax laws, close down a loophole that allows paper companies to claim a $1.01 per gallon tax credit for highly corrosive fuel waste products. and it does crack down on foreign tax haven corporations that are taking advantage of the u.s. tax treaty network in order to dodge u.s. taxes. and to just say you're opposed to any tax increases? tax increases on people who are avoiding paying legitimate taxes? i have a chart here in very simple terms, spells out how these companies, these foreign corporations that are not part of a tax country, they are nontax treaty country, how they avade taxes -- evade taxes

through a fwimic. and to oppose this because of that i think is very wrong. and this helps our country continue down the path of economic recovery and job creation. you know, it should be a bipartisan bill. in the markup that we held, there wasn't a single amendment offered by the minority to strike a specific jobs provision here. this congress will continue to take additional targeted and effective steps to accelerate economic recovery for american families, and i say with sadness as i hear mr. camp speak, that it looks like it will not receive the bipartisan support it so fully deserves. i reserve the balance of my

time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from michigan's recognized. mr. camp: thank you. at this time i yield three minutes to a distinguished member of the ways and means committee, the gentleman from california, mr. herger. the speaker pro tempore: the gentleman from california is recognized for three minutes. mr. herger: madam speaker, republicans have been arguing ever since the debate on last year's failed stimulus bill that we need real tax relief to get our economy going and to create jobs. today, the democratic majority has brought forward a bill that offers $3.5 billion in tax relief for small businesses. unfortunately, it also includes $19 billion in new taxes including a major tax aimed directly at companies that invest in the u.s. and hire american workers. this comes just days after the democrats rammed through a health care bill that raises taxes by $569 billion.

and if congress does not extend the tax relief that expires at the end of this year, americans will see their taxes go up by another $3 trillion. so while there are some good things in this bill, it's hard to see how a collection of minor tax relief measures will spur job creation when small businesses are starting -- staring down the barrel of unprecedented tax increases in the year ahead. when the ways and means committee considered this bill last week, i had offered an amendment to make permanent the $250,000 expense and allowance under section 179. however, democrats voted down this and every other effort to provide real permanent tax relief for small businesses. what has been added to the bill is another $2.5 billion bailout

for state welfare programs. this has nothing to do with creating jobs. yet, it was mere tear yussly added -- mysteriously added to the bill after we had marked it up in committee. i hope this was not a deliberate plan to avoid having a vote in committee on the merits of this funding. after the public outrage over back room deal making in the health care bill, it is disappointing to see the majority party again bypassing regular order to make last-minute changes to the bill reported by the committee. madam speaker, the american people still want to know, where are the jobs? this bill fails to answer that question, and the house should reject it.

the speaker pro tempore: the gentleman yields back. the gentleman from michigan is recognized. mr. levin: thank you, madam speaker. it's now my privilege to yield two minutes to my colleague and friend, mr. rangel of new york. the speaker pro tempore: the gentleman from new york is recognized for two minutes. mr. rangel: i ask unanimous consent to revise and extend my remarks. the speaker pro tempore: so ordered. mr. rangel: thank you, madam chairman. i really can't understand how this discussion is dealing with republicans and democrats. when someone loses his job and loses his health care, loses his dignity and pride and able to take care of his or her rent, pay the mortgage or tuition in school, when they make applications for unemployment compensation, i really don't think that people ask, are you a republican or a

democrat? and this is true of health insurance as well as it is for education and job training. this is what makes america great, not the majority or minority party. at the end of the day, what have we done as a congress and a part of government to allow people to put their hopes and dreams together so that we can get a full recovery? for those critical of this bill for what it hasn't done is only one step as we attempt to move forward to get america back to work. that's what we all want. for those who say too much is given to government, my god, we're talking about putting people back to work so that they have the ability to buy from small business people. we eliminate taxes for capital gains. if you invest in small businesses we provide incentives to start up funds so

that people can have the small businesses. and there's not a man, there's not a governor who doesn't truly believe that putting people to work on infrastructure, building schools, getting involved in low-income housing, we're talking about jobs, not democratic jobs, not republican jobs but jobs that can put people -- money in people's pocket to fulfill their obligations and their dreams. so let's get away from this partisanship. why don't we pass it? it's good for america and not just good for our party. the speaker pro tempore: the gentleman from michigan is recognized. mr. camp: at this time, madam speaker, i yield three minutes to the distinguished gentleman from the ways and means committee, the gentleman from texas, mr. brady. the speaker pro tempore: the gentleman from texas is recognized for three minutes. mr. brady: an hour week, another stimulus. -- another week, another stimulus. the third or fourth such effort, i've lost count, is another proof of the failed

policies of the washington democrats. and the stimulus bill has fallen far short of its debt-driven wastefully spent promise to revive america's recovery. from a jobs standpoint for small businesses, this bill does next to nothing. in fact, by increasing taxes on global companies it invests and create jobs here in america, this bill may actually kill more jobs than it creates. this bill wrongly breaches long-standing tax treaties and increases taxes by more than $7 billion on global companies with subsidiaries here in the united states. we want america to be the place companies choose to put their workers. why punish them, especially with thousands of americans without jobs? this measure also expands the heavily taxpayer subsidized buy american bond which is popular but taking shape of a long-term entitlement which our local

governments are becoming quickly addicted. finally, much has been made about the centerpiece of this bill, it's 100% cutout of capital gains on small businesses. but who qualifies for this? i can tell you who doesn't qualify as a small business. look closely at the section that says if you're in health, in law, in engineering, architecture, accounting, science, performing arts, consulting athletics, financial services, brokerage services or any trade or business where your reputation of your employees counts, you're not eligible if you're in banking, insurance, financing, leasing, investing or similar business. you're not eligible if you're a farming small business, a business involving extraction of commodities like energy or mining. you can't be a hotel, motel or restaurant or similar business. you can't have ownership or dealings in or renting of real -- real estate property or rental property. the question is, who does qualify for this? the answer is nobody.

that's why this does so little for small business, so little for our economy. the truth of the matter is, the reason businesses aren't hiring back workers or hiring new ones is they're scared of the policies in washington. cap and trade, new health care mandates, new taxes, new regulations, the scary debt, that's what's keeping small businesses on the sidelines. that's what's holding our economy back. this bill does not hold our support. we can do better. i yield back. the speaker pro tempore: the gentleman yields back. the gentleman from michigan is recognized. mr. levin: i now yield two minutes to another senior member of our committee, mr. mcdermott from the great state of washington. the speaker pro tempore: the gentleman from washington is recognized for how long? mr. levin: two minutes. the speaker pro tempore: two minutes. two minutes the gentleman from washington. mr. mcdermott: madam speaker, the gentleman from california asked where the jobs are. well, this one-year extension of the emergency contingency

fund will produce more than 160,000 subsidized job placements in clerical, health care, maintenance, human service, and customer service jobs in 35 states. they're already up and running, many of them. even haley barbour, down in mississippi, thinks it's a good idea. my office received a tremendous increase in calls from out-of-work amendments -- americans who are reaching the end of their benefits. the long-term unemployed need help transitioning into the job market and they need jobs right now. proven programs like the emergency contingency fund are already creating at a lower cost than virtually any other program. if states are uncertain of the extension, they will begin ramping down the programs in september.

it is critical we pass this immediately. we've seen strong bipartisan support from the national governors' association, the national conference of state legislators, the national association of counties, all of them urging the congress to extend this program. kevin hassatt of the conservative american enterprise institute said, quote, given the state of the labor market, it's hard to imagine huh howe any sensible person could oppose extending this emergency fund. if they had to be the party of more than just no, the republicans need to rally around the democrats who have shown such a reserved pragmatism. i urge my colleagues on both sides of the aisle to support this bill. the speaker pro tempore: the gentleman yields back. the gentleman from michigan. mr. camp: before i yield to the gentleman from illinois, i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized.

mr. camp: i heard this welfare expansion is about job, frankly, it's not. democrat pross pose to extend the welfare emergency fund contained in last year's failed stimulus bill by $2.5 billion, they just extend it for another year and add that money. but since this legislation doesn't really alter how the money is spent we can only assume the new spending will be a lot like the current spending. what has the money been spent on so far? almost none of it is spent on jobs, almost all of it is spent on more and larger welfare checks. ski unanimous consent to insert in the record from the recent congressional service report from how the welfare funds have been spent today. only 13% of the funds have been spent on subsidized employment. instead, 87% was spent on short-term aid and basic assistance. that's on welfare checks. now i would yield three minutes to the distinguished member of the ways and means committee, the gentleman from illinois. the speaker pro tempore: the gentleman from illinois is

recognized for three minutes. >> i thank the jell for yielding. during the markup of this bill, mr. rangel of new york was magnanimous in his concern for our emotional well-being on our side of the aisle he said no matter how sincere they are in the argument it must be awkward and embarrassing to say no. i do appreciate that gesture and the concern for how we're feeling but the good news for mr. rangel we don't feel embarrassed and this isn't awkward. it is with a sense of duty we stand up and say, you know what, this bill is a classic underperformer. if you notice something, we're hearing echos of the exact same rhetoric that we heard during the stimulus debate. the stimulus, as you remember, was $750 billion, plus or minus, plus interest, so you're at $1 trillion worth of commitment and a stampede argument of spending that said if we would only do this now,

only do this quick, only do this right now, unemployment would peak at 8%. well, that didn't happen in my home state of illinois. in fact the "chicago tribune" recently quoted a civic leader, the civic federation of chicago, this is what they said regarding the state of illinois' budget morass, notwithstanding all the help that the majority has claimed they foisted on these state they said, this is historic, it is epic, it is impossible to overstate the level of peril. that's with the majority's help. so now the argument comes, well, you republicans talk about small government all the time and let's help small government here. well, i think that's an inherently flawed argument. what we're doing is borrowing and then foisting more spending. look, i think ultimately, the most difficult and troublesome component of this is the overriding of 60 bilateral

trade agreements. i have over 3,400 employees in my district alone in suburban chicago, that's not to mention another over a quarter million employees who were employed by companies that are in-sourcing jobs. i think the national association of manufacturers and the u.s. chamber of commerce got it just right when they opposed this bill for all the right reasons. i yield back. the speaker pro tempore: the gentleman yields back. the gentleman from michigan is recognized. mr. levin: i now yield two minutes to a very distinguished gentleman from georgia, my friend, john lewis, two minutes, mr. lewis. the speaker pro tempore: the gentleman from georgia is recognized for two minutes. mr. lewis: madam speaker, i want to thank the chairman, my friend, for yielding. madam speaker, not long ago the american economy was headed toward disaster. in the past year, businesses have closed their doors and

more and more of our sisters and brothers have joined the unemployment line. in my district, unemployment is still over 10%. that is unacceptable. with this bill this piece of legislation, we can do better. while this congress and this administration have brought our economy back from the brink of depression, there is still so much left to do. today, with this bill we can take another step down that long road to recovery this bill would create jobs. it would save jobs. and it will save our small businesses. is it possible -- is it too much to ask for -- is it some way, somehow we all can come together to create jobs to put our people back to work? this bill will help the family-owned restaurant that has served our community for years.

it will help businesses facing cutbacks and it will help people follow their dreams to open their own businesses. i urge my colleagues to pass this bill for all of our small business and to pass it now. the speaker pro tempore: the gentleman yields back. the gentleman from michigan is recognized. mr. camp: thank you, madam speaker. i yield one minute to the gentleman from illinois. the speaker pro tempore: the gentleman is recognized for one minute. >> you can't tell the people, madam speaker, in rockford, illinois, whose unemployment is at 20%, that all these stimulus bills are working. in fact, even before the president was sworn in, because he mentioned a carbon tax, the city of east dubuque over on the east mississippi river, runtech, which makes an hydrous

ammonia, was set to make an investment to substitute goal for natural gas in the process resulted in also the production of aircraft fuel. 1,000 manufacturing jobs, $800 million investment, wiped out, because even the threat of cap and trade had the investors pull the plug on it. and now we come up with still another bill, still another government program, one to tax foreign direct investment. many of those people involved in the manufacturing sector. 240,000 jobs in illinois. directly depend upon foreign direct investment. mr. camp: i yield the gentleman an additional minute. mr. manzullo: we passed the cap and trade, the health care bill, every time we pass these bill the people i represent

lose more jobs. we don't need help from congress we need congress to leave the people alone. the speaker pro tempore: the gentleman yields back his time. the gentleman from michigan is recognized. mr. levin: i now yield to my friend from massachusetts who is such an active member of this committee on the issues before us, mr. neal of massachusetts two minutes. the speaker pro tempore: the gentleman is recognized for two minutes. mr. neal: i want to thank the chairman of our committee and i rise in support of this small business an infrastructure jobs tax act. as a former mayor, i'm pleased this contains a number of infrastructure tools to lower the cost for state and local government. let me put the rest of the argument that there was no cooperation on this bill. mr. ryan a prominent republican on the committee, and i, supported legislation that would exempt private activity bonds from a.m.t. and guess what, it's working. the u.s. department of transportation cited this

provision as saving $635 million for construction projects at 38 airports around the country, including cleveland, milwaukee, and houston among others. we don't check those airports to find out if they have a republican congressman or a democratic congressman we think they are worthwhile undertakings. these construction projects have created thousands of jobs nationwide at a time that our economy really needs them. in my office if you want to secure the information, we would be happy to provide you with the information about airport expansion which in my m communities is a public-private partnership, but they have taken advantage of the initiative. these bonds are also used for student loans and protection from a.m.t. means lower rates on borrowers. in massachusetts alone, 26,000 students will benefit. now the bill we're debating today also includes a provision offered by, yes, my friend, mr. tiberi and i, we want to

protect new market tax credits from a.m.t. a reasonable undertaking a reasonable provision. since its inception this program has generated over $15 billion of private sector investment in some of the poorest communities in this country. repeat, mr. tiberi and i sponsored this provision. mr. ryan and i co-sponsored provisions here. protection from a.m.t. means financing costs are lower. freeing up greater investigation. for struggling neighborhoods. i want to submit, mr. chairman, and to the speaker as well, there is not a republican mayor in america who would be against the provisions offered here. the speaker pro tempore: the gentleman's time has expired. mr. neal: i thank the speaker. the speaker pro tempore: the gentleman from michigan is recognized. mr. camp: at this time i yield two minutes to the distinguished gentleman from new york. the speaker pro tempore: the gentleman is recognized for two minutes. mr. lee: i rise today in support of the provision in the bill allowing for small business startup expenses.

this is one of the most significant things we can do to encourage entrepreneurs. that's why i joined with a colleague of mine from maryland, mr. kratovil to introduce legislation that increases it from $5,000 to $20,000, designed to encourage entrepreneurs to act now this serves as an added incentive for entrepreneurs to get off the sidelines and create new job growth in the private sector. as someone who has actually run a manufacturing company up until i came to congress last year, it's very disappointing for me, however that i cannot support the underlying bill. this bill, without a doubt, will raise taxes on u.s. manufacturing and jeopardize jobs here at home. american manufacturinging workers are facing -- american manufacturing workers are already facing an unfair playing field against chinese competitors and according to the national association of manufacturers this bill, quote, makes it more difficult for them to compete in the global

marketplace and in some cases will threaten u.s. jobs and economic growth, unquote. i believe we should be strengthening u.s. manufacturing, not saddling them with job-killing tacks. this will further impede efforts to grow our economy and create jobs right here in the good old united states. madam speaker, it's past time that the house finally move through true pro-growth legislation. unfortunately, despite the inclusion of the small business startup ke ducks, the underlying bill just isn't it. with that, i yield up. the speaker pro tempore: the gentleman yields back. the gentleman from michigan is recognized. mr. levin: i yield two minutes to the distinguished gentleman from texas, mr. doggett. the speaker pro tempore: the gentleman from texas is recognized for two minutes. mr. doggett: regarding the ill-considered arguments against the treaty shopping provisions that allow a handful of firms to dodge their

responsibilities to fund national and homeland security, let's get the facts straight. there's not one company headquartered in the united states that will pay one cent of additional taxes as a result of these provisions. number two, there is not one company that is headquartered in a foreign country with whom we have a tax treaty that will pay one cent of additional taxes. what this applies to, and that covers, by the way, 90% of all foreign investment in the united states. that we were just hearing about. over 90% not touched whatsoever if they're headquartered in a tax treaty country. what it does touch is the minority, defended by the republican party that determined to dodge their fair share of the costs of running america. those are companies that are headquartered in tax haven that set up their operations specifically to dodge their responsibility to pay taxes. and we believe they ought to follow the same rules as american-owned companies, as

american headquartered companies. it is amazing to me that the same folks that would defend the flimflam artists at enron from dodging their tax responsibility that would defend the american corporations that renounced their american citizenship to move to some sunny tax haven are now defending this small minority of firms that will not pay their fair share of american taxes. and what of this phony argument that we're somehow violating our tax treaty responsibilities? it's just that, it's phony because this measure is actually an incentive to support the tax createy system. that's where 90% of the investment already is. and so we're saying, as the joint committee on taxation, a nonpartisan group con, concluded, this provides an incentive for any responsible foreign investor to locate in a treaty country, the treaties are set up to help american companies. that's what as the companies should do.

the speaker pro tempore: the gentleman's time has expired. the gentleman from michigan is recognized. mr. camp: thank you, madam speaker. before i yield to the gentleman from georgia i yield myself such time as i may consume. the speaker pro tempore: the gentleman from michigan is recognized. mr. camp: i'd ask unanimous consent to place in the record a letter to mr. levin and myself from the organization for international investment, large association with representing over five million americans. it's an association of u.s. subsidiaries of companies headquartered abroad, which also counts of 1/5 of all experts, which says that the language in this legislation would override many of our bilateral income tax treaties and could lead to retalitory actions by other countries. i'd also note that during the markup of this bill in the committee, even the obama administration witnessed the deputy assistant of tax policy stated that the treasury department has, and i quote, concerns about the specifics of this provision and whether it

will override many of our income tax treaties. she also stated that the administration prefers a more targeted approach. i yield two minutes to the distinguished gentleman from georgia. the speaker pro tempore: the gentleman from georgia is recognized for two minutes. mr. kingston: i thank the gentleman from michigan. i'm confused, maybe because i'm not on the ways and means committee. i'm on the appropriations committee, and on march 16 at 10:00 we had a hearing and our special guest at the hearing was the secretary of treasury, geithner, the secretary of o.m.b., mr. orszag, and the president's economic advisor, and all of them said to the full committee the stimulus program is working. it is the greatest program. in fact, i thought they were going to start high-fiving and hugging each other right there in the committee they were so excited about it. but now, i'm like you. you democrats on the ways and means committee, i kind of agree with you. it ain't working. we know it's not working. that's why we are now debating the third stimulus jobs bill in

the house. we had one a couple weeks ago. we had one in december. and all it is is spend, spend, spend. the $862 billion stimulus program was supposed to keep unemployment from getting to 8% and is now pushing 10%. of course it's not working. but does this work? it's just more spending, more money for municipal governments. i keep hearing the mayors like it, the county commissioners like it. oh, yeah, we're sending them more money. i guess they do like it. they envy us because we can print it and we can borrow it. we borrow a lot of money. in fact if you look at it, ever dollar that we spend we actually -- every dollar that we spend we actually borrow 40 cents. now, you would never do that back home but that's what's going on. we borrow to pay for the military, to pay for education, to pay for transportation, to pay for the national park service. we borrow foreign aid.

can you think of the absurdity of that? we borrow money to give it to other countries. that's what's going on. and here comes this bill with more borrowing. you know, if you look at what's gone on, last may, $168 billion -- this is may of 2008, $168 billion for the stimulus bill. failed. i voted no. the speaker pro tempore: the gentleman's time has expired. mr. kingston: all these stimulus bills, all it's -- the speaker pro tempore: the gentleman's time has expired. mr. kingston: it doesn't create jobs. we need to vote this down. i yield back. the speaker pro tempore: for what purpose does -- the gentleman from michigan is recognized. mr. levin: i yield myself 15 seconds. to the gentleman who just spoke, this bill is paid for unlike bills you voted for. and also, let me say to the distinguished gentleman, you're opposed to this bill because it isn't big enough or it's too small?

it's not clear. the recovery program is beginning to work. this will make it work better, and yet you're standing here opposed to it. mr. kingston: will the gentleman yield? the speaker pro tempore: the gentleman from michigan has the floor. the gentleman from michigan has the floor. mr. kingston: i ask -- the speaker pro tempore: the gentleman from michigan has the floor, sir. mr. kingston: will the gentleman yield? mr. levin: i now yield -- links links will the gentleman yield? -- mr. kingston: will the gentleman yield? mr. levin: the answer is no. the speaker pro tempore: the gentleman from michigan has the floor. the gentleman from michigan. mr. levin: i congratulate the distinguished speaker for trying to keep order. and i now yield one minute to the gentleman from california, mr. becerra. the speaker pro tempore: the gentleman from california has one minute. mr. becerra: i thank the gentleman for yielding, and just to correct the record once again, this bill, unlike previous bills passed by our colleagues and friends on the other side of the aisle, is completely paid for. there's not a cent that would

be added to the deficit. you have to make some tough decisions when you pay for things but this bill is completely taken care of and paid for. so the cuts we make -- tax cuts we give to small businesses we take care of that. we don't do it in an irresponsible fashion. that's why we should vote for this legislation. we need to put this country back on track and back to work. and this bill continues the series of legislation that have come through this house, gone through the senate and been signed by the president which put america back to work. that economic recovery package, which too many of our colleagues rail against that the independent nonpartisan congressional budget office told us has already created at least two million jobs in america. and we still have more of the economic recovery package effects to go -- to take place over this coming year. and so what we do know is that if we keep at it and do it responsibly we could put america back to work. that's what this is all about. that's why we should support this legislation. i urge my colleagues to support this bill. the speaker pro tempore: the

gentleman from michigan's recognized. mr. camp: do you know how much time there is? the speaker pro tempore: the gentleman, mr. levin from michigan, has 13 1/2. the gentleman from michigan, mr. camp, also has 13 1/2. the gentleman from michigan, mr. camp. mr. camp: thank you, madam speaker. at this time i yield two minutes to a distinguished member of the ways and means committee, dr. boustany of louisiana. the speaker pro tempore: the gentleman from louisiana is recognized for two minutes. mr. boustany: thank you, madam speaker. and i thank ranking member camp for yielding time. you know, we're talking about jobs, and this bill purports to be a job creation bill, but i have deep -- i have deep reservations about one of the pay-fors in the bill. it's in section 301. it raises $7.7 billion in taxes. and where do they taxes come from? where does this tax increase come from? well, it comes from u.s. companies who happen to be headquartered overseas. now, what does that mean? these are companies that employ u.s. workers. these are companies that are in every one of our communities

that also stimulate business activity that help create jobs in other businesses that affiliate with these and do business with them. so what are we doing here? we're basically hurting job growth, u.s. job growth. we're hurting u.s. workers. furthermore, these -- this provision would basically abrogate some 60 bilateral tax treaties that we currently have. we know the senate has opposed these types of provisions in the past, so why are we doing this? secondly, i'd like to mention that during the course of the hearing we had the deputy assistant secretary for tax policy and said this was not the preferred approach of the administration. and also expressed concerns that this could invite retaliation upon u.s. companies doing business overseas. further hurting u.s. jobs. now, if we're going to create jobs, let's try to get sensible

about this and make sure that our tax policy is coordinated with trying to create jobs. what do we know about these jobs in the u.s. by these u.s. companies who happen to be headquartered overseas? well, they pay better wages. in fact, their compensation packages are roughly 1/3 more. these are high-skilled jobs. why on the one hand do we say we want to create jobs and on the other hand focus on policies that will kill jobs? i just don't understand the logic here, and so for this reason i oppose this bill. the speaker pro tempore: the gentleman's time has expired. mr. boustany: and i yield back. the speaker pro tempore: the gentleman yields back. the gentleman from michigan is recognized. mr. levin: i now am glad to yield one whole minute to the gentleman from maryland, the distinguished gentleman from maryland, chris van hollen. the speaker pro tempore: the gentleman from maryland is recognized for one whole minute. spranvan thank you, --

mr. van hollen: thank you, madam speaker. everyone is entitled to their opinions but not the facts. i wish my colleagues would read the bill. it doesn't add one penny to the deficit. first we have a speaker on the other side of the aisle complaining about the fact that it adds to the deficit when it doesn't because the next speaker then complains how we went to pay for it. this bill is paid for. this bill will help small businesses just like the economic recovery bill has helped stabilize the economy. just a little over a year ago when president obama was sworn in our economy was in free fall. we were headed from recession to depression. now, here we are about 14 months later, the economy has begun to stabilize. we went from 5.7% negative growth to 5.6% positive growth, the biggest sway in growth in 30 years. people are beginning to go back

to work. obviously we have not turned the corner there, but it's a vast improvement from where this country was a little over a year ago. this is another important step by assisting small businesses to keep -- the speaker pro tempore: the gentleman's time has expired. mr. van hollen: thank you, madam speaker. the speaker pro tempore: the gentleman from michigan's recognized. mr. camp: at this time i reserve my time. the speaker pro tempore: the gentleman from michigan reserves his time. the gentleman from michigan, mr. levin. mr. levin: i now yield one minute to the distinguished gentleman from california, mr. thompson. the speaker pro tempore: the gentleman from california is recognized for a minute. mr. thompson: madam speaker, i rise in support of this important jobs bill in general and two provisions in particular. the s.b.a. provision makes a change to the tax code to encourage private investment in the small business investment company program which in turn will help small businesses hire more employees. the extension of the a.m.t. exemption for private activity bonds is critically important to creating jobs and growing our economy. bonds have been one of the

economic recovery efforts' biggest successes and they're responsible for creating jobs and funding important projects in nearly every state of -- in our country. one example can be seen at the sacramento international airport in my district. they sold bonds to complete their terminal renovation. this money was directly responsible for preserving 1,200 construction jobs and generating over $1 billion in the surrounding community. we must do everything we can to put americans back to work. today's jobs bill is paid for. the speaker pro tempore: the gentleman's time has expired. mr. thompson: today's jobs bill is paid for and one more way to spur economic development. the speaker pro tempore: the gentleman from michigan's recognized. mr. camp: i continue to reserve, madam speaker. the speaker pro tempore: the gentleman from michigan reserves. the gentleman from michigan is recognized. mr. levin: i now yield one minute to the distinguished gentleman from oregon, mr. blumenauer. the speaker pro tempore: the gentleman from oregon is recognized for one minute.

mr. blumenauer: thank you. there's a certain amount of irony hearing our friends on the other side of the aisle talking about a recovery package that hasn't worked as well as all of us would like because it was deliberately scaled down at the effort to try and secure republican support. more that was put in tax cuts than what we would have liked in infrastructure to rebuild and renew america. we know if it would have been done the way the democrats wanted it would have worked better. but nonetheless, it -- i hate to think of what would happen in the state of michigan without this money. in the state of oregon without this money. three brief points. one, by putting more money here in infrastructure, we're going to be putting people back to work. second, this is fully paid for, unlike what we've seen with the efforts of our friends on the republican side of the aisle when they were in charge. and third, the pay-for is incorporating recommendations that came from the bush administration treasury that

recognized there were corporations that were not meeting their obligations to the united states treasury. these provisions will enable the speaker pro tempore: the gentleman's time has expired. len levin i yield the gentleman -- mr. levin: i yield the gentleman 30 seconds. mr. blumenauer: these provisions will take a small number of countries. there's less than 10% of the countries that don't have a tax treaty with us. they will be encouraged to have a relationship to avoid tax avoidance, and it will be an opportunity for people who are not paying their fair share now to put some money behind renewing and rebuilding america. it's a good bargain for the taxpayer. it's a good bargain for revitalizing our community and i appreciate the committee bringing it forward. the speaker pro tempore: the gentleman's time has expired. the gentleman from michigan is recognized. mr. camp: i yield 30 seconds to the gentleman from louisiana. the speaker pro tempore: the

gentleman from louisiana is recognized for 30 seconds. mr. boustany: thank you, madam speaker. i just want to respond to what was just said about these provisions, these tax provisions, and that is the previous administration actually wanted to work through these treaties and recognize there were some problems but did not just simply want to abrogate 60 tax treaties. i yield back. . -- abrogate 60 tax treaties. i yield back. mr. levin: i yield 15 seconds. the speaker pro tempore: gentleman from texas is recognized for 15 seconds. mr. doggett: a republican congress wouldn't approve them. that's one of the reasons we need to take this firm action today. we see the benefits of doing that in the almost $8 million that are raised not from american companies, but from companies that are located in these -- the speaker pro tempore: the gentleman's time has expired. the gentleman from michigan, mr. camp, is recognized. mr. camp: thank you. i yield myself such time as i may consume. i would just say to the gentleman and to those on the floor that to say this is the

same proposal that occurred in the previous administration is really an oversimplification. what they said -- let me complete my thought and then i'll think about it. i think you may be able to seek your own time. the previous administration really wanted to have a more tarring thed approach to this. they wanted to certainly through treaty amendments, tarring thed domestic law provisions -- targeted domestic law provisions would address the abuses thund area of law be they didn't want to damage our treaty relationships with the other countries. as the gentleman from louisiana has said, this would damage our treaty relationships with over 60 countries. we have a letter in the record from the organization overseeing nearly five million u.s. workers and companies headquartered abroad. the treasury testified at the committee that this is not the approach they want to take. they would much prefer to take

a similar approach to the bush administration. in terms of tax policy, we actually have the treasury department wanting to do the same thing. this is outside of that. this is overbroad. it would hurt our relationships. and i reserve my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from michigan is recognized. mr. levin: i yield 30 seconds to the gentleman from texas. mr. doggett: we are -- the speaker pro tempore: the gentleman from texas has 30 seconds. mr. doggett: we are in no way saying this is the same legislative language that the bush administration recommended. we are saying it addresses the same problem and that you didn't like the bush administration approach any better than you liked the obama administration proach any better than you like this approach. the only beneficiaries of this obstruction, of any answer to this legislatively are the same tax dodgers in these tax havens that have been avoiding their responsibility. we want to level the playing field. we don't want to shirk treaty responsibilities. we want a incentive to every one of these companies to go --

the speaker pro tempore: the gentleman's time has expired. mr. doggett: i yield back. the speaker pro tempore: the gentleman from michigan, mr. camp, is recognized. the gentleman from michigan, mr. camp, is recognized. mr. camp: i reserve my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from michigan, mr. leffy, is recognized. mr. levin: thank you. i now yield a minute and a half to the very distinguished gentleman from new jersey, mr. pascrell. the speaker pro tempore: the gentleman from new jersey is recognized for how long? mr. levin: a minute and a half. the speaker pro tempore: a minute and a half. mr. pascrell: thank you for yielding, mr. chairman. no more loopholes, no nor sheltered tax havens. no more privileged class perks, period. that's how we are paying for this bill. mr. chairman, mr. speaker, once again the day after significant legislation has been passed we are back at our greatest priority, putting people back to work. there are many sections of this bill that do that. i want to highlight just one of

them. the sustainable water infrastructure investment act. i hope you support that part of the legislation. it was introduced, this provision will generate significant investment to the use of tax exempt bonds. if we don't go that way, our communities are going to have to find the money to fix their infrastructure. to fix their sewer systems, to fix their water systems. you know that's not going to happen. our communities look to us for help. our infrastructure is in disrepair, and it's just not our roads and just not our bridges. early this year the american society of civil engineers gave the nations water and water system the lowest grade of any infrastructure category, d minus. this legislation aims to repair our crumbling water infrastructure while leveraging private capital to create jobs. every dollar invested in public

water in sewer infrastructure will add $8.97 to the national economy. economists estimate a $1 billion investment. 10 seconds? the speaker pro tempore: the gentleman is recognized for 10 additional seconds. mr. pascrell: thank you, madam speaker. economists estimate a $1 billion investment in water infrastructure will create 28,500 jobs. for anybody to stand up here and say this particular legislation does not specifically face off against the job -- the speaker pro tempore: the gentleman's time has expired. mr. pascrell: they haven't read the bill. thank you. the speaker pro tempore: the gentleman from michigan is recognized. mr. camp: i reserve at this time. the speaker pro tempore: the gentleman reserves. the gentleman from michigan is recognized. mr. levin: now it's my privilege to yield a minute and a half to the gentlelady from nevada, shelley berkley. the speaker pro tempore: the gentlelady from nevada is recognized for a minute and a half. ms. berkley: thank you, madam speaker. thank you, mr. chairman, for your leadership. this legislation is yet another strong step towards economic

recovery for las vegas, the state of nevada, and the nation. the provisions of this bill will spur the creation and growth of small businesses and help state and local governments make critical job creating infrastructure investments that are essential to long-term economic recovery. build america bonds have been essential source of funding for critical infrastructure projects in my district. that includes millions for investments by mccarron international airport, millions for essential upgrades to water and sewer systems by the las vegas water authority. millions in highly transit improvements by clark county. the extension of recovery zone bond programs will make my district eligible for yet another source of financing for infrastructure projects that will spur economic growth and help bring down one of the highest unemployment rates in the nation. 50% of the building trades in las vegas are idle. families are suffering. and speaking of families, families and small businesses are going to directly benefit from this legislation.

the increase deduction for small business start-up expenses will provide new opportunities for business creation and help create jobs we so desperately need and temporary assistance to needy families. this is incorporated in the bill and will help many nevada families who struggle daily to make ends meet. the people of my district are struggling with difficult economic times. this congress continues to focus on policies that will create nigh opportunities for growth and investment in las vegas. and help our entrepreneurs build job creators. i thank the speaker. the speaker pro tempore: the gentlelady's time has expired. the gentleman from michigan is recognized. mr. camp: i continue to reserve. the speaker pro tempore: the gentleman from michigan is recognized. mr. levin: i now have the privilege of yielding one minute to the gentlelady from pennsylvania, allyson schwartz. the speaker pro tempore: the gentlewoman from pennsylvania is recognized for one minute. ms. schwartz: thank you, madam speaker. democrats are committed to rebuilding america's economy. putting our workers back to work and ensuring our

businesses can compete in a global 21st century economy. today we will vote on the small business and infrastructure job tax act which makes smart investments, including expanding build america bonds which have been used by state and local governments across the country, including 21 times in my own home state of pennsylvania to finance $2 billion in essential infrastructure projects. by excluding capital gains taxes on the sale of small business stocks. by exempting water and sewer facility bonds from state volume caps. initiating new water infrastructure projects which will improve the quality of our drinking water. and ending unfair tax policies for small businesses that offers certain pension plans. let's be clear. this bill means voting for lower taxes, for small businesses, for new infrastructure, and for new jobs. and it does not add to the deficit. in fact it is paid for by

collecting taxes from corporations located in tax havens. the speaker pro tempore: the gentlelady's time has expired. the gentleman from michigan is recognized. mr. camp: i continue to reserve, madam speaker. the speaker pro tempore: the gentleman reserves. the gentleman from michigan is recognized. mr. levin: i now yield one minute to the distinguished gentleman from illinois, mr. dan davis. the speaker pro tempore: the gentleman from illinois is recognized for one minute. mr. davis: thank you, madam chairman. i want to thank the chairman for yielding. i note that the state of illinois has received $4,853,,000,000 up through january of this year. many of those have gone to communities that are represented by individuals who certainly are not described as democrats. matter of fact they have gone to communities throughout the state. these bonds are about building schools, roads, hospitals, creating jobs. there is no way under the sun that i could imagine not voting

for this bill. it stimulates the economy. it builds jobs. it puts people to work. and i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from michigan. mr. camp: i continue to reserve. the speaker pro tempore: you continue to reserve. the gentleman from michigan is recognized. mr. levin: i now yield one minute to the gentleman from north carolina, mr. etheridge. the speaker pro tempore: the gentleman from north carolina is recognized for one minute. mr. etheridge: permission to revise and extend my remarks. the speaker pro tempore: without objection. mr. etheridge: i thank the gentleman for yielding. thank you, madam speaker. i rise to support this bill for our small businesses and local communities. small businesses are the engine of our economy and right now they need help in order to grow, expand, and hire new workers. research shows that almost every new job in this country is created by entrepreneurs who simply have an idea and the energy to make it a reality. we should support them. and this bill does so.

this bill also invests in our local communities by expanding successful build america bonds and water and sewer bonds which our communities badly need to restore our infrastructure and more importantly create jobs. i met recently with the north carolina housing finance agency and yesterday i received a letter from the national association of counties who both support this bill. helping our small businesses, investing in infrastructure, and creating jobs should be a nonpartisan issue. we must come together to fix our economy. and as a former small business owner, i support this legislation for creating jobs on main street. i urge a yes vote and yield back. the speaker pro tempore: the gentleman's time has expired. the gentleman from michigan is recognized. mr. camp: at this time i'm prepared to close. i understand you may have one more speaker. mr. levin: we do, thank you. mr. camp: i will reserve. the speaker pro tempore: the

gentleman reserves his times. the gentleman from michigan is recognized. mr. levin: it's now my privilege to yield one minute to the gentlelady from california, ms. sanchez. a member of the committee. the speaker pro tempore: the gentlewoman from california is recognized for one minute. ms. sanchez: thank you. i would like to thank our chairman. madam speaker, i rise today in strong support of h.r. 4849, legislation that invests in affordable housing, infrastructure, and small businesses. i want to speak today about two provisions in this bill that are particularly important to the constituents i represent. i'm very pleased that the bill incorporates legislation that i wrote to strengthen the low-income housing tax credit. a stable roof over a child's head stribts to his or her, emotional well-being, and overall physical health. in california alone 4% low-income housing credits have been responsible for 125,000 new housing units in the last 20 years. by revising the value of these credits we will revitalize the housing sector creating new jobs.

additionally this bill extends the recovery act's successful build america bonds program. these bonds are responsible for almost 25% of the current new miss pal bond market. as of the end of february, $78 bill in build america bonts have been issued by state and local governments to build roads, bridges, and schools. and the jobs that are created pay a living wage. they are an investment in our community and an investment -- the speaker pro tempore: the gentlelady's time has expired. miss levin: i yield the gentlelady an additional 30 seconds. the speaker pro tempore: the gentlewoman is recognized for another 30 seconds. ms. sanchez: they are an invest n-our community and work force. investments that are going to pay dividends for years to come. i want to thank the chairman and the committee staff for their hard work on this bill and i urge my colleagues to join me in supporting this legislation. the speaker pro tempore: the gentlewoman yields back. the gentleman from michigan is recognized. mr. camp: madam speaker, i'm prepared to close. the speaker pro tempore: the gentleman from michigan is recognized.

mr. camp: thank you, madam speaker. i yield myself such time as i may consume. i urge a no vote on this legislation. from this debate i think it's difficult to see whether -- to see this legislation is either a small business bill or jobs bill. frankly it's neither one. the reason is the tax increases in this bill will hurt an already weak economy. to raise taxes on employers during a recession makes it even harder for americans to find work. second, roughly 80% of the tax relief in this bill goes to state and local governments, and to pay state and local governments to borrow more money as this bill does is not what america needs right now. and lastly, i'd say there are some tax provisions, very small ones, that have received bipartisan support. but frankly those good things are outweighed by the structure of the bill and the way the bill is drafted because even

those well-intentioned measures will not do enough to help employers create jobs and particularly the provision that would override our tax treaties with 60 countries that even the deputy assistant secretary for tax policy when testifying before the committee said she had concerns over. and also which has been rejected by the senate which means the almost $7 billion to $8 billion you are using to fund this bill will not see its way across the floor of the united states senate. so i think we would do better to come back and try to do something that would actually potentially do something about job creation and see its way to the president's desk for signature. with that i urge a no vote on this bill. i yield back the balance of my time. . the gentleman yields back the balance of his time. the gentleman from michigan is recognized. mr. levin: i yield myself such time as i may consume and strongly urge a yes vote on this. i really urge my colleagues on the minority side to think not

twice but to think tries -- thrice before voting on this bill. i don't think everybody needs to march in a partisan way in this place, especially on a bill that will create jobs. i have a letter on the contingency fund from a democratic and republican governor. currently 23 states are drawing down the funds with several more state applications pending approval. many of these things take time to approve and implement. and congress can help maximize the impact of tanf e.c.f. in providing crucial skill development and training to our workers. and regarding the build america bonds, almost every state has taken advantage of these. it's for local states and

economies to build. who builds roads? who builds bridges? it's human beings. so if you come here and vote no you're voting against jobs for human beings. and in terms of the pay-to, the only entities that will pay taxes will be those who are evading them. who are essentially using tax havens to avoid paying taxes. i think the senate will take a second look at this. i think this can become law, and we should join together to help make this become law. we owe it to the people of this country. this is a jobs bill. the speaker pro tempore: the gentleman's time has expired. mr. levin: vote yes. the speaker pro tempore: all time for debate has expired.

pursuant to house resolution 1205, the previous question is ordered on the bill. the question is on engrossment and third reading of the bill. those in favor say aye. those opposed, no. the ayes have it. third reading. the clerk: union calendar number 257, a bill to amend the internal revenue code of 1986 to provide tax incentives for special business job creation, extend the build america bonds program, provide other infrastructure job creation tax incentives, and for other purposes. the speaker pro tempore: for what purpose does the gentleman from michigan rise? mr. camp: madam speaker, i have a motion to recommit. the speaker pro tempore: is the gentleman opposed to the bill? mr. camp: in its current form. the speaker pro tempore: the clerk will report the motion. >> madam speaker. the speaker pro tempore: the gentleman from michigan. mr. levin: i reserve a point of order against the gentleman's motion.

the speaker pro tempore: the point of order is reserved. the clerk will report the motion. the clerk: motion to recommit with instructions offered by mr. camp. mr. camp moves to recommit the bill h.r. 4849 to the -- mr. camp: madam speaker, i ask that the motion be considered as read. the speaker pro tempore: is there -- mr. levin: i object. i object. the speaker pro tempore: there's an objection. the clerk will resume reading the motion. the clerk: mr. camp moves to recommit the bill to the committee on ways and means with instructions to report the same back to the house forth with with the following amendment. strike all after the enacting clause and insert the following -- section 1, short title, etc. a, short title. this act may be cited as the tax incentives for small business growth and health care corrections act of 2010. b, amendment of 1986 code. accept as otherwise expressly provided, whenever in this act a repeal is -- repeal of, a

section or other provision, the reference shall be considered to made to a section or other provisions of the internal revenue code of 1986. c, table of contents. the table of contents for this act is as follows -- section 1. short title, etc. title 1, small business tax incentives. subtitle a, general provisions. section 101, temporary exclusion of 100% of gain on certain small business stock. subtitle b, limitations of reporting on certain penalties. section 111, limitation on penalty for failure to disclose certain information. section 112, annual reports on penalties and certain other enforcement actions. subtitle c, preservation of health savings accounts and health flexible spending arrangements. section 121, repeal of limitations on medicines. section 122, repeal of dollar limitation on health flexible spending arrangements. subtitle d, other provisions. section 131, nonrecourse small

business investment company loans from the small business administration treated as amounts as risk. section 132, increase in the amount allowed as deduction for startup expenditures. title 2, revenue provisions. section 201, exclusion of certain low quality fuels from the cellulosic biofuel producer credit. section 202, time for payment of corporate estimated taxes. title 1, small business tax incentives. subtitle a, general provisions. section 101, temporary exclusion of 100% gain of small business stock. a, in general, subsection a of section 202 is amended. 100% exclusion. in the case of qualified small business stock acquired after march 15, 2010, and before january 1, 2012, a, paragraph 1, shall be applied by substituting 100% for 50%. b, paragraph 2, shall not apply

and c, paragraph 7 of section 57-a shall not apply. b, conforming amendments. paragraph 3 of section 202-a as amended, one, by striking after the date of enactment of this paragraph and before january 1, 2011 and inserting after february 17, 2009, and before march 16, 2010, and, two, by striking special rules for 2009 and 2010 in the heading and inserting special 75% exclusion. c, effective date. the amendments made by the section shall apply to stock acquired after march 15, 2010. subtitle b, limitations in reporting on certain penalties. section 111. limitation on penalty for failure to disclose certain information. a, in general subsection b of section 6707-a is amended to read as follows -- b, amount of penalty. one, in general, accept as otherwise provided in the subsection, the amount of the

penalty under subsection a with respect to any reportable transaction should be of 70% of the tax or which would have resulted from such transaction if such transaction were respected for federal purposes. federal tax purposes. two, maximum penalty. the amount of the penalty under subsection a with respect to any reportable transaction for -- shall not exceed a, in the case of a listed transaction, $200,000, $100,000 in the case of a natural person or, b, in the case of any other reportable transaction, $50,000. $10,000 in the case of a natural person. three, minimum penalty. the amount of penalty under subsection a for any taxable year shall not be less than $10,000. $5,000 in the case of a natural person. b, effective date. the amendment made by this section shall apply to

penalties assessed after december 31, 2006. section 112, annual reports on penalties and certain enforcement actions. a, in general, the commissioner of internal revenue in consultation with the secretary of the treasury shall submit to the committee on ways and means of the house of representatives and the committee on the finance of the senate an annual report on the penalties assessed by the internal revenue service during the preceding year under the internal revenue code of 1986. one, section 662-a relating to accuracy related penalty on understatements with respect to reportable transactions. two, section 6700-a, relating to promoting abuse of tax shelters. three, section 6707 relating to failure to furnish information regarding reportable transactions. four, section 6707-a relating to failure to include

reportable transaction information with return. five, section 6708 relating to failure to maintain lists of -- with respect to reportable transactions. b, additional information. the report required under subsection a shall also include information on the following with respect to each year. one, any action taken under section 330-b of title 31, united states code, with respect to any reportable transaction as defined in section 6707-a-c of the internal revenue code of 1986. two, any extension of the time for assessment of tax enforced or assessment of any amount under such an extension under paragraph 10 of section 6501-c of the internal revenue code of 1986. c, date of report. the first report required under subsection a shall be submitted not later than december 31, 2010. subtitle c, preservation of

health savings accounts and health flexible spending arangements. section 121, repeal of limitations on medicines. effective as of the enactment of the patient protection and affordable care act, section 9003 of such act relating to distributions for medicine qualified only if for prescribed drug or insulin is whereby repealed and any provision of law amended by such section is amended to read as such provision would read if such section had never been enacted. section 122, repeal of dollar limitation on health flexible spending arangements. effective part of the protection of the patient protection and affordable care act, relating to limitation on health flexible spending arrangements under cafeteria plans is hereby repealed and any provision of law amended by such section is amended to read as such provision would read if such section had never been

enacted. subtitle d, other provisions. section 131. nonrecourse small business investment company loans from the small business administration treated as amounts at risk. a, in general, subparagraph b of section 465-b-6 is amended to read as follows -- b, qualified nonrecourse financing for purposes of this paragraph. i, in general, the term qualified nonrecourse financing means any financing. one, which is qualified real property financing or qualified sbic financing. two, except to the extent of provided in regulations with respect to which no person is personally libel for repayment. and -- liable for repayment. and, three, which is not convertible debt. three, qualified property financing. the term qualified property financing means financing which is borrowed by the taxpayer

with respect to the activity of holding real property. two, secured by real property used in such activity and, three, as borrowed by the taxpayer from a qualified person or represents a loan from any federal, state or local government or instrumentality thereof or is guaranteed by any federal, state or local government. three, qualified sbic financing. the term qualified sbic financing means any financing which, one, is borrowed by a small business investment company within meaning of section 301 of the small business investment act of 1958. and, two, is borrowed from or guaranteed by the small business administration under the authority of section 303-b of such act. b, conforming amendments. subparagraph a of section 465-b-6 as amended, one, by striking in the case of an activity of holding real property and, two, by striking which is secured by real property used in such activity.

c, effective date. guarantees made after the enactment of this act. section 132, increase an amount allowed as deduction for startup expenditures. a, in general, subsection b of section 195 is amended by added at the end of the following new paragraph. three, increased limitation for taxable years beginning in 2010 or 2011. in the case of any taxable year beginning in 2010 or 2011 paragraph 1-a-2 shall be applied, a, by substituting $20,000 with $5,000 and, b, by substituting $75,000 to $50,000. b, the effective dates. the amendments made to this section shall begin after taxable years december 31, 2009. title 2, revenue provisions. section 201, exclusion of certain low-quality fuels from the cellulosic biofuel producer

credit. a, in general, subparagraph e of section 40-b-6 is amended by adding at the end of the following clause, three, exclusion of certain low-quality fuels. the term cellulosic biofuel shall not be -- shall not include any fuel if, one, more than 4% of such fuel determined by weight is any combination of water and sediment. two, the ash content of such fuel is more than 1% determined by weight or, three, the acid number of such fuel is greater than 25. b, effective date. the amendment made by this section shall apply to fuels sold or used on or after january 1, 2010. section 202, time for payment of corporate estimated taxes. notwithstanding section 6655 of the internal revenue code of 1986, in the case of a corporation with assets of not less than $1 billion determined as of the end of the preceding taxable year, one, any

installment of any estimated tax which is otherwise due in july, august or september of 2010 shall be 100.75% of such amount. the amount of such installment referred to in paragraph 1 shall be appropriately reduced to reflect the amount of the increased by reason of such paragraph. . the speaker pro tempore: does the gentleman continue to reserve his point of order? mr. levin: i do. the speaker pro tempore: the point of order is reserved. the gentleman from michigan, mr. camp, is recognized for five minutes. mr. camp: thank you, madam speaker. today we begin to repeal some of the most troubling aspects of the democrat's health care bill. this republican motion is straightforward. it strikes troubling tax increases. it maintains tax relief for small businesses. repeals unpopular provisions of the health care bill that force

middle class families to pay more taxes and more for their health care being health care. and is fully paid for in compliance with the pay-go rules. to meet the pay-go rules, the motion eliminates the so-called emergency welfare spending and closes the black liquor tax loophole that's repeatedly passed the house but yet to become law. here's what we keep. the few provision that is directly help small businesses, including an exclusion from capital gains tax on investments and qualifying small businesses. new protections for small businesses from excessive penalties if they unknowingly fail to disclose certain information related to their participation in tax shelters and a temporary increase in the amount of small business start-up costs that can be immediately expensed. in addition to this tax relief, we begin today to repeal some of the troubling aspects of the democrats' health care bill. today we seek to eliminate two of the tax increases in the health care bill that would hit

middle class families and violate the president's pledge that you can keep the health care plan you have and like. first, the motion repeals the cap object the minimum annual contribution to flexible spending accounts, which will be capped at 2,500 per year under the health care bill starting in 2011. s.s.a.'s currently used by 35 million americans encourage consumers to be more aware of both the cost and quality of health care goods and services. approximately seven million americans put more than 2,500 into their f.s.a.'s. according to the employer's downle is on flexible compensation, the median income of a holder in 2008 was just $55,000 a year. repealing this provision will provide americans with $15.6 billion in tax relief. second, the motion repeals the

ban on using several forms of health savings, including f.s.a.'s and health savings accounts, also known as h.s.a.'s, to purchase over-the-counter head since. -- medicines. not only does this ban discourage tax-free saving, it discourages americans from using cheaper, nonprescription medicines when they are available. by repealing this provision will not only provide $5.5 billion in tax relief, but will also help american families lower their health care bills. this motion offers members a clear choice. a vote against this motion is effectively a choice to close the black liquor loophole to pay for billions of dollars in additional medicaid spending. a vote in favor of this motion is a vote to close that black liquor tax loophole to pay for small business tax relief that will actually help create jobs and undo some of the harmful tax increases on american families passed by the house in

the dark of night on sunday. i urge my colleagues to vote yes on the motion and i yield back the balance of my time. the speaker pro tempore: the gentleman yields back his time. the gentleman from michigan is recognized. mr. levin: i continue to reserve my point of order. the speaker pro tempore: the gentleman continues-- mr. levin: i would like to take some time on this motion to recommit. the speaker pro tempore: is the gentleman opposed to the motion? mr. levin: very much so. the speaker pro tempore: the gentleman is recognized for five minutes. mr. levin: well, i guess here we start. you know, what's interesting here is the following. mr. camp says that they pay for the small business provisions. they are already paid for in this bill. and so how inconsistent can he be? he wants to continue to pay for them when they are already paid

for when you intend to vote against the bill. that is the height of inconsistency. and i think that's a reason to object even if this turns out to be a motion to recommit that's in order. and then let me just talk about of black liquor so we know what's going on. talking about inconsistency, that's a charitable word. the black liquor provision is now in the health bill in the senate awaiting action. you know precisely that. so what you are now suggesting is take it out of that bill that's being considered in reconciliation and put it in here and you are claiming you are paying for it. inconsistency is charitable. there could be other words used

for that. including the unwillingness of the minority to face up to the need to pay for bills. we pay for the bill that is now before us. we pay for the bill in ways that are more than defensible but are necessary. and so a reason to object to this on its substance is that essentially this bill is a sleight of hand. i suggest to the gentleman from michigan that you walk over to the senate, ask them what's in reconciliation, it's not a very long distance from here, just walk over there and whisper to the majority leader, if you want you can whisper to the minority leader, is black liquor in the bill that's over there that is now being considered under reconciliation?

and i think both of them will tell you it is. so essentially what you're saying is, we want to take something out of the bill that is being considered under reconciliation, and claim to be paying for the small business provisions that you're going to vote against. now, my suggestion is that nobody is going to be fooled by that. and that what you ought to be doing is to tackle these issues straight on and also to tackle the pay-fors straight on and not pretend that you're paying for something when you're not. so i don't know what's worse. the majority -- the then majority now the minority having refused to pay for bills that came through here year after year, bills that came before the ways and means committee that you never

dreamed of paying for, whether that's worse than what you're now doing. i guess they are both is bad. that what you're now doing is saying we'll pay for something that's in a bill that's in the senate that's soon going to become law. as a result not only do i think that this motion to recommit deserves to be defeated on its substance, but i now want to press my point of order that the motion violates section 303 of the budget act because it includes a change in revenue in f.y. 2011 before a budget resolution for that year has been adopted. the speaker pro tempore: does any other member wish to be heard on the point of order?

mr. camp: would the gentleman please state his point of order? could you repeat -- mr. levin: do you want me to restate it? you're getting more notice on the restatement than you gave to us on your motion to recommit. the speaker pro tempore: the gentleman from michigan. mr. levin: i'm glad to repeat it once or twice. i make a point of order that the motion violates section 303 of the budget act because it includes a change in revenue f.y. 2011 before a budget resolution for that year has resolution for that year has been adopted. the speaker pro tempore: does any member wish to be heard on the point of order? mr. camp: one minute, madam mr. camp: one minute, madam speaker.

mr. camp: thank you, madam speaker. the speaker pro tempore: the gentleman from michigan, mr. camp, is recognized. mr. camp: my point would be we revenues in years 2010, 2011. so i would suggest that the point of order is without merit.

mr. levin: may i speak briefly? the speaker pro tempore: the gentleman from michigan, mr. levin. mr. levin: it makes a change that's all that's necessary to violate section 303. i ask that the point of order be upheld. the speaker pro tempore: are there any members wish to be heard further on the point of order? the gentleman from michigan. mr. camp: madam speaker, i'm informed that the underlying bill has a budget act problem. and the waiving of all points of order against the consideration of the bill in the full house including 303 would make the gentleman's point of order unacceptable and would make his point of order invalid. the speaker pro tempore: the gentleman from michigan, mr. levin. mr. levin: madam speaker, i think that trying to do this through a motion to recommit is inappropriate.

and i suggest that before they bring up motions to recommit that they very much look at what the rules of the house are. and so therefore i insist on the point of order. the speaker pro tempore: if no other member wishes to be heard, the gentleman from michigan, mr. camp. mr. camp: i am prepared to hear the chair's ruling. the speaker pro tempore: the chair is going to consult on chair is going to consult on the proceedings.

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the speaker pro tempore: for what purpose does the gentleman from michigan, mr. levin, rise? mr. levin: i believe there's been much consultation and i withdraw the point of order. i have one minute left. the speaker pro tempore: that

is correct. mr. levin: i have withdrawn the point of order after there was consultation with the parliamentarian and so now we're back to the substance of the motion to recommit and i ask my colleagues to strongly vote not in favor of the motion to recommit. what it does by a trick of hand is to pretend to pay for this motion to recommit by taking a provision that is in the bill that's now in the senate as subject to reconciliation and that i trust will pass fairly soon. that's reason enough. i don't think it's appropriate for this body to vote for a motion to recommit pretending it's paying for by taking a provision that we've passed in a bill that we've passed and now is in the senate for its consideration.

so i would urge every single member on the majority side to vote no on this motion to recommit, and i yield back the balance of my time. the speaker pro tempore: the gentleman's time has expired. without objection, the previous question is ordered on the motion to recommit. the question is on the motion. those in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. the motion is -- mr. camp: i ask for the yeas and nays. d nays. the speaker pro tempore: a recorded vote has been requested. those favoring a vote by the yeas and nays will rise. a sufficient number having arisen, the yeas and nays are ordered. members will record their votes by electronic device. pursuant to clause 8 and clause 9 of rule 20, this is a 15-minute vote on the motion to recommit. it will be followed by five-minute votes on passage of the bill, if ordered, and

motions to suspend the bills with regards to h.r. 4098 and h.r. 1279, if ordered. this is a 15-minute vote on the motion to recommit. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote the yeas are 184. the nays are 239.

the speaker pro tempore: on this vote the yeas are 184. the nays are 239. the motion is not adopted. the question is on passage of the bill. those in favor say aye. those opposed, no. mr. levin: i ask for a recorded

vote. the speaker pro tempore: the gentleman from michigan is recognized. mr. levin: i ask for a recorded vote. the speaker pro tempore: a recorded vote is requested. those in support of the request for a recorded vote will rise and be counted. a sufficient number having arisen, the vote is ordered. members will record their votes by electronic device. this is a five-minute vote. this is a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote, the ayes are 246.

the speaker pro tempore: on this vote, the yeas a 246, the nays are 178. the bill is passed. without objection, the motion to reconsider is laid on the table. the unfinished business is the vote on the motion of the gentleman from new york, mr. towns, to suspend the rules and pass h.r. 4098 as amended, on which the yeas and nays were ordered. the clerk will report the title of the bill. the clerk: h.r. 4098 a bill to

require the director of the office of management and budget to issue guidance on the use of peer-to-peer file share to prohibit the use of such software by government employees and for other purposes. the speaker pro tempore: will member -- the motion is to suspend the rules and pass the bill as amended. members will record their votes by electronic device. this is a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote the yeas are 408. the nays are 13. one voting present. 2/3 having responded in the affirmative, the rules are suspended, the bill is passed and without objection, the motion to reconsider is laid on the table. the unfinished business is the question on suspending the rules and passing h.r. 1879 as amended, which the clerk will report by title. the clerk: h.r. 1879, a bill to amend title 38, united states code, to provide for employment and re-employment right for certain individuals ordered to full-time national guard duty. the speaker pro tempore: the question is will the house suspend the rules and pass the bill, as amended so many as in favor, say aye.

those opposed, no. >> mr. speaker. the speaker pro tempore: in the opinion of the chair, 2/3 being in the affirmative -- the gentleman from illinois. >> mr. speaker, on that i ask for the yeas and nays. the speaker pro tempore: the yeas and nays are requested. all those in favor of taking this vote by the yeas and nays will rise. a sufficient number having arisen, the yeas and nays are ordered. members will record their votes by electronic device. this will be a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote the yeas are 416. the nays are one. 2/3 being in the affirmative, the rules are suspended, the bill is passed, and without objection, the motion to reconsider is laid on the table. we would ask the house come to order and conversations be removed from the floor. for what purpose does the gentleman from wisconsin rise? mr. obey: madam speaker, pursuant to the rule, i call up the bill h.r. 4899 and ask for

its immediate consideration. the speaker pro tempore: the clerk will report the title of the bill. the clerk: h.r. 4899, a bill making emergency supplemental appropriations for disaster relief and summer jobs for the fiscal year ending september 30, 2010, and for other purposes. the speaker pro tempore: pursuant to the rule -- resolution, h.res. 1204, the bill is considered as read. the gentleman from wisconsin, mr. obey, and the gentleman from california, mr. lewis, each will control 30 minutes. before recognizing the gentleman from wisconsin, could we ask that conversations be removed from the floor? so the gentleman may be heard. the chair recognizes the gentleman from wisconsin. mr. obey: mr. speaker, i ask unanimous consent that all members may have five legislative days to revise and extend their remarks and include extraneous material on h.r. 4899. the speaker pro tempore: without objection.

mr. obey: mr. speaker, i yield myself one minute. the speaker pro tempore: the gentleman is recognized for one minute. mr. obey: mr. speaker, this is a very simple bill. it provides $5.1 billion as requested by the president for fema disaster relief because fema will run out of money in the next two or three weeks. consistent with all prior year fema supplementals and the president's request, this $5.1 billion is designated as an emergency. the bill also provides $600 million for youth summer jobs. this funding will support over 300,000 jobs for youth ages 16 to 21. this age group had some of the highest unemployment levels in the country. the last bill extended a small business lending program that was retained in the recovery act for another month and provides up to $60 million for theafert. again, that new funding is offset. the bill recrinds the emergency funding that is -- rescinds the emergency funding that is not yeeded foroff sets.

with -- that is not needed for offsets. with that i reserve the balance of my time. the speaker pro tempore: the gentleman from california. mr. lewis: the fiscal path our country is currently on is unsustainable. with an annual deficit of $1.6 trillion, a growing mountain of debt and unemployment hovering near 10%, it's clear that we must change our course now or face catastrophic consequences in the very near future. my colleagues, the simple truth is that uncle sam needs a diet. the single greatest challenge of this congress and our best hope for lasting recovery lies in curving uncle sam's appetite for spending. it's time to cut up the government's credit card and live within our means starting right now. today, just two nights ago

congress passed a $1 trillion health care bill that was opposed by every republican house member and 39 democrat house members. never before in our nation's history has such a historic legislation been passed by one party over such widely based bipartisan opposition. now, here we are again preparing to vote on yet another huge spending bill that was crafted without any transparency or bipartisan involvement. most members would agree that providing relief to americans suffering from national disasters is a responsible and worthy use of taxpayer dollars. most members would agree we don't need to load up a disaster bill with hundreds of millions of dollars for summer youth program or jobs. especially when there is already -- let me emphasize this.

loaded up with summer youth jobs program, especially when there's already $1.4 billion in the jobs pipeline. it's worth noting that the $600 million for summer youth jobs program is being offset by unusual funding -- in the unused funding from the stimulus bill and other past spending bills. but my underlying question is this -- if there is $1.4 trillion already in the pipeline for the department of labor jobs program, why can't we return the rescinded $600 million back to the treasury for deficit reduction? why must my democrat frien cons

members, 37 democrats, 23 republicans. it's worth noting, however, that my chairman has made it a habit to write his bills and completely bypass the democrat and republican members of the committee. do not for one minute believe that this legislation reflects the work of the house appropriations committee or even the democrats on the appropriations committee. because it does not. to my knowledge, this bill has had no input from any members other than the chairman himself. there has been no markup, no amendments and no potential offsets debated or even discussed by the committee. for example, the $1 trillion stimulus package and the subsequent senate stimulus passed by the house prior to christmas, this legislation will pass without any opportunity for a member to amend it. with billions and billions of

stimulus funding still unspent, there's no reason why the entire emergency relief portion of this legislation could not be entirely paid for or be used to begin paying down that $1.6 trillion deficit for the year. mr. obey has argued that republicans didn't, quote, pay for disasters when we were in charge. on that point he is correct. however, when republicans were the majority party, annual deficits were not $1.6 trillion as they are today. and we didn't have hundreds of billions of dollars of unnecessary funding slushing around in federal coffers. surely we can cut unspent stimulus funding to pay for the fema spending involved here. we shouldn't continue to spend money we don't have. mr. speaker, we can agree to disagree on the cause of our

economic troubles, but the fact remains that we cannot spend our way into economic health. until the congress curbs its appear tied for spending, our economy will continue -- appetite for spending, our economy will continue to suffer. i urge members on both sides of the aisle to assist, especially after sunday's budget-busting vote on health care, that we fully offset the entire cost of this legislation so they do not further burden future generations with even more debt. i will close as i began with this comment, the simple truth is that uncle sam needs a diet. i reserve the balance of my time. the speaker pro tempore: the gentleman reserves. the gentleman from wisconsin. mr. obey: i yield myself two minutes. the speaker pro tempore: the gentleman is recognized for two minutes. mr. obey: mr. speaker, i would simply note that the gentleman is complaining because the committee's using precisely the

same procedures that it used in the past when he was chairman and his party was in control of the situation. when the republicans controlled the house they brought supplementals to the floor in five out of six congresses that were handled by the chairman and the chairman alone. that is no different than is happening today. in fact, from 1995 through 2006 while republicans controlled the institution the house considered 12 supplemental appropriation bills, handled in just that same way. secondly, with respect to the so-called runaway spending for summer youth jobs, that spending is fully offset by other cuts in the bill. so much for runaway spending. i can't recall similar fiscal rectitude when the other party was running this place.

thirdly, let me suggest that when the gentleman complains about not offsetting the funding for the emergency disaster relief program i would point out that the past administration asked us to do the very same thing eight times in a row and the congress did. let me also say, by the way, that i would invite the gentleman from california to join me in co-sponsoring legislation which i've introduced in this house several times which would set up a state-funded disaster program which would be experience rated so that each state would pay into that fund ahead of time on the basis of how much they've drawn out of it in the past. i yield myself one additional minute. the speaker pro tempore: the gentleman is recognized. mr. obey: i would point out that more than half of all disaster relief since 1993 has gone to

just four states, louisiana, florida, california, the gentleman's home state, and mississippi. and 80% of all disaster relief since 1993 has gone to 10 states, those four plus texas, puerto rico, alabama, iowa, north carolina and new york. i'm perfectly happy as a representative of a state that is not in that 10 state group, i'm perfectly happy to end the need for virtually all disaster payments paid for by uncle sam by establishing the kind of proposal that i've supported for years. i doubt very much the gentleman from california would like that because then california would be paying into it in the same measure that they are drawing out of it through the years. but i would nonetheless invite any member interested in fiscal rectitude, whether from a recipient state or not, to join me in that effort and then we

won't have these meaningless debates on the floor anymore. the speaker pro tempore: the gentleman's time has expired. the gentleman from california. mr. lewis: thank you, mr. speaker. i simply rise in part to respond to the comments of my colleague. i think it's important for us to know that we do have quite a history of supplemental funding and what we do with emergency spending. as the chairman suggests, there's been a lot of funding -- funny business that's gone on. but i thought the members ought to know that from 19 -- from fiscal year 2009 to fiscal year -- to fiscal year 1989 through fiscal year 2006, there have been 36 multiagency supplemental appropriations bills that have been considered by the congress and have been -- and most of them have been enacted into law.

of those only seven were never considered by our appropriations committee and this one was not considered by our appropriations committee, it was introduced almost at midnight the very day we dealt with that trillion-dollar deficit package that was before us. those seven that bypassed the economy -- committee i could easily go flew and detail but they deal -- go through and detail but they it deal with disasters of the hurricanes in florida and the disaster that are impacted louisiana and the like. emergencies indeed -- have been indeed, the committee was bypassed for those emergencies and it seemed -- seems to me that it's about time we took up supplementals like this instead of being written at the last minute, be handled regular order, considered by the committee, be available to the members for not only reading but for amending and it's become a

consistent pattern that we not do that, we're bypassing the committee as though the committees or subcommittees might well not exist. i reserve the balance of my time. the speaker pro tempore: the gentleman from reserves. the gentleman from wisconsin. mr. obey: i yield myself 30 seconds. i would simply say, mr. speaker, that the white house admitted this -- submitted this request for disaster releaf over a month ago. everyone in this institution has known about it, in addition to which the gentleman's staff has known for a good two weeks that we would be considering this disaster. the only thing that's different is that we found offsets within the past few days that would help to fully pay for the summer jobs program so therefore we included that in the proposition. this is hardly a complicated matter. i'm sure that the gentleman from california is up to a full understanding of it and with that i reserve the balance of my

time. the speaker pro tempore: the gentleman reserves. the gentleman from california. mr. lewis: thank you, mr. speaker. i yield four minutes to the gentleman from kentucky, mr. rogers. mr. rogers: i thank the ranking member for yielding. i rise, mr. speaker, to voice my disappointment with this bill. first, the sheer cost of the disaster relief section of this bill has largely resulted from the administration's own reluctance to be forth right on true disaster costs. when the administration knew full well that they were looking at an immense shortfall for disaster relief costs for fiscal 2010 they all but stuck their heads in the sand, refused to get off the dime and submit an official request or budget

amendment. and that's after continued inquiries and even congressional direction, congressional direction to be more forthcoming with known costs. to add insult to injury, fema's inability to accurately assess the costs of certain damages have led to several large arbitration rulings and settlements, rulings in which fema was admonished for having no sound basis for its estimates. fema's inept tude has resulted in an additional $1.2 billion in costs to the taxpayers. these failures amount to an expensive and now hurried bill. it goes without saying that the administration and fema must do

better in estimating and budgeting for the real costs of disasters. we've been on this broken path for too long. secondly, given the failings of the administration and fema and considering this supplemental does not follow a singular catastrophic event, i see no reason why the administration and the democrat majority have not worked harder to offset this spending. and this concern is especially relevant when billions of dollars in unobligated money is lying around, sloshing in the so-called stimulus bill, a point that chairman lewis has made repeatedly here today. why are we further burdening the american people with additional debt when there are moneys that can and should be used to pay for the costs of real

emergencies? sadly the majority hasn't even consulted the minority or for that matter the committee on finding ways to pay for this and is choosing instead to just ram this bill through the house with only an hour of debate. i'd like to think that had this bill been handled properly with at least some minority input we could have collaborated to produce a more fiscally disciplined bill. and a bill that included some badly needed oversight on how the administration and fema is budgeting for disaster relief funding. needless to say, the majority seems hell bent on spending taxpayer money without even giving lip service to an offset. mr. speaker, at this rate we're simply passing an impossible financial emergency to our children. and our grandchildren.

to say that i'm disappointed at this bill's cost and lack of oversight and discipline is a gross understatement. the administration and this democrat majority must do better. thank you, mr. speaker, i yield back the time. the speaker pro tempore: the gentleman yields back. the gentleman from wisconsin. mr. obey: i yield five minutes to the distinguished gentleman from north carolina. the speaker pro tempore: the gentleman from north carolina is recognized for five minutes. >> i thank the chairman for yielding. mr. speaker, i rise in support of the disaster relief and summer jobs supplemental appropriations bill which includes $5.1 billion for the federal emergency management agency's disaster relief fund. the administration has requested this amount of emergency funding to pay for recovery from catastrophic events and to be able to respond to disastrous and -- disasters and emergencies through the balance of the fiscal year. this bill is making sure that fema keeps its promises to devastated communities, that are

-- communities that are getting back on their feet as well as to those who may face disasters in the months to come. in addition to ongoing recovery costs associated with an active hurricane season and extraordinary flooding in the midwest in 2008, fema is still required to pay for some very expensive outstanding costs related to katrina, such as the devastated louisiana schools and charity hospital. because we're still dealing with these monumental recovery efforts, the disaster relief fund is being depleted at a rate of nearly $500 million per month during this fiscal year. this is nearly double the noncatastrophic five-year average that fema bases its budget estimates on. at that rate o.m.b. projects fema will be completely out of zpafter relief funds by the end -- disaster relief funds by the end of march. it's unfortunate we find ourselves in the position of low on funds just halfway through the fiscal year.

i agree that fema needs to find a better way to budget, to account for the known costs of these catastrophic events when formulating the budget requests. i've pressed them to do that and will continue to do so. but it is disingenuous for those on the other side of the aisle to lecture us on this issue when to a large extent as they well know this supplemental is required to deal with the mess inherited from the previous administration and by the mess i mean the practice of lowballing projected disaster costs as well as billions in deferred obligations. the fact of the matter is the last administration failed to bring these major public infrastructure projects in the gulf coast to a resolution. we're talking about billions of dollars worth of liabilities that were just kicked down the road. so no lectures, please, on irresponsible budgeting. over $2 billion of this supplemental could be spent dealing with unresolved katrina costs. the fema administrator brought

these issues to light at a recent hearing before our subcommittee. he's now committed to correcting these dishsies, to cleaning up the mess he inherit and making sure fema -- he inherited and making sure fema is responsible for these accounts. based on the impending shortfall in the fund, fema announced last month that it could only pay for immediate needs for disasters, which includes assistance to families and individuals as well as debris removal and emergency protective measures, all long-term rebuilding projects are being deferred until congress acts. to put that into perspective for my colleagues, that means that over $367 million worth of projects in 43 states and four territories will continue to be delayed if we fail to act. and this backlog will only continue to grow. when you add the expensive katrina-related issues, fema is currently liable for nearly $2 billion in costs.

. we must prepare for future disasters. 1/3 may be looking at flooding and may not be able to respond to these flooding disasters. it is critical we replenish the disaster relief funds now. i remind my colleagues we have always considered disaster relief funds to be emergency funding under democratic and republican administrations. the last administration transmitted eight supplementary funding requests for the disaster relief fund between 2002 and 2006. those disaster relief funds were always requested as an emergency and were not offset. we all have a stake in the passage of this bill. i urge my colleagues to support it and i yield back.

the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from california. mr. lewis: mr. speaker, i really appreciate my colleague from north carolina. he is a regular order kind of guy and chairs the homeland security committee. i have only been complaining about the way we are handling the process. my chairman has brought -- so far has not brought a single supplement to the floor under an open rule. and you can deal these things with an open rule reasonably on the floor. but you deal with them in committee, have a chance for amendments and otherwise, we don't bring supplements to the committee for discussion. so far, there have been -- my colleagues should know this. so far there have been $800 billion in spending numbers that members didn't get a chance to have any input upon. and with that, i yield three minutes to the the gentleman from kansas. the speaker pro tempore: the

gentleman from kansas is recognized for three minutes. mr. tiahrt: thank you, mr. speaker. and i thank the gentleman from california. mr. speaker, there is no doubt that unemployment remains a problem, but the majority for some reason thinks we need to borrow another $600 million to subsidize summer jobs for kids. there is money already available. out of the $1.2 billion provided for youth jobs in the so-called recovery recovery act. there is $924 million in annual appropriations that will be available one week from now. in the last two years, there is $250 million appropriated for youth employment that has not been spent and carried forward. when you add all that up, $1.5 billion that's available today. already for youth programs this summer. why on god's green earth would we borrow another $600 million from the chinese? i have limited time.

mr. obey: i would yield 30 seconds if i could ask you a question. mr. tiahrt: i would be welcome to have your question. mr. obey: why do you keep saying we are borrowing money to add to the summer youth program when this program offsets every dime we are spending on it? mr. tiahrt: we overspent -- mr. obey: would you answer my question. we aren't adding one dime to the deficit by what we are adding to the summer jobs program. we are fully paying for it by cuts in other programs. i have great respect for my friend from kansas but needs to be accurate in what he says. mr. tiahrt: i thank the chairman and i would argue of the $655 billion that we already had to borrow, you are taking that money and applying it to this program. again, borrowing money from the chinese. mr. obey: that's new math. mr. tiahrt: i'm entitled to my new math today. these temporary youth jobs that are paid for by tax dollars

don't create permanent jobs. there was a study of what we received from the stimulus money and of the $6.2 million that was received, 600 employers temporarily hired 1,593 youth for summer jobs. out of that, 62 jobs were permanent or 3.8%. if you look at what's happened since the stimulus bill was passed, we lost 3.9 million private sector jobs. we have created 63,000 jobs and 233,000 jobs at the state and local level. how are we going to pay for those. we lost private sector jobs. a little math that's not new math, but proven math says that for every government employee, it takes 10 private sector jobs to pay enough federal taxes to cover the cost of that employee. so what we should be talking about is not temporary jobs in the summer for futh, but permanent jobs, real jobs.

and we need three million jobs just to cover the new government jobs that we have created. we can create jobs through tax relief and freezing regulations and forcing regulations through a simple formula and tort reform and need to become energy independent. mr. lewis: i yield another minute. mr. tiahrt: the point i want to make about creating a strong economy to pay for these jobs at the federal and state level, we have to provide opportunity in our economy. the way you do that is you enhance the process of hiring people. capital is only -- is a coward and goes where it's welcome. lowering taxes will attract capital into our economy. second, we need to freeze our current regulations and force all the regulations we have on the books today through a simple formula. b has to be gaiter than c.

the benefit has to exceed the cost of implementation. if we do that, we would lower the cost of making things in america and we have to make things. the third thing i would argue is we have to have tort reform. i favor a loser pay system like they have in the united kingdom. if we became energy independent, we would solve our unemployment problem. one state in the entire united states last year had increased employment. that state was north dakota and it was because they found oil under private property. had it been under public lands, we could not have extracted oil. but because it was private lands, we created jobs. i yield back the balance of my time. the speaker pro tempore: the gentleman's time has expired. the gentleman from wisconsin. mr. obey: yield myself 30 seconds. i invite the gentleman's attention to page four and page five of the bill. if he will read the two pages, he will see that every dollar of additional spending for summer jobs is paid for by a reduction

in other government spending programs. the speaker pro tempore: the gentleman from california. mr. lewis: i yield two minutes to the the gentleman from oklahoma, mr. cole. the speaker pro tempore: the gentleman from oklahoma is recognized for two minutes. mr. cole: thank you, mr. speaker. i share my colleagues' concerns about what's in the bill, but i'm also concerned by what's not in the bill and that's money to fund the settlement of the lawsuit. on boith sides of the aisle no this lawsuit stems from the mismanagement of indian trust accounts and trust lands since 1887, involves over half a million claimants and drug on for 14 years through three administrations involving both parties. in december of last year, a settlement was reached, $3.4 billion, 1.4 billion to

individual claimants, $2.4 billion to allow the purchase of frackturd lands and an indian scholarship fund. i commend secretary sala czar who did a -- salazar in bringing this issue to closure and it is squarely in our court. the president has asked us to solve this problem or fund the problem that he has negotiated. ford, i would like to enter the president's letter to the speaker asking for action on this particular item. the speaker pro tempore: without objection. mr. cole: it is fully in our court. when the settlement was negotiated, there was a deadline that we would act by december 31 of last year. we missed that. there is a second deadline of february 28. we missed that. the last deadline is april 15. many of my friends on the other side of the aisle want to settle this issue and i look forward to

working with them as we move toward that, but i find it difficult to keep people that have been waiting over 100 years, waiting a while longer while we do things in a more immediate framework. i urge the congress to act and i urge us to support the administration's negotiated settlement. when we do that's correct i will be there to help my friends on the other side of the aisle. with that, i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from wisconsin. mr. obey: yield myself 30 seconds. let me say i largely agree with my friend from oklahoma. we have one simple dilemma, both in the case of the coble settlement, the administration has asked us to provide the money. we do not yet have an understanding of whether that will be provided through an emergency designation or whether it will be fully offset. we can't proceed without the decision to move one way or the other. as soon as it is, we want to

bring both of those to the floor, because i agree, we need to deal with both of them. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from california. mr. lewis: i yield two minutes to the the gentleman from texas, mr. brady. the speaker pro tempore: the gentleman is recognized for two minutes. mr. brady: thank you, mr. speaker. i thank you for the time. today, we are debating more disaster-related spending and we have to ask ourselves, what about the money congress has sent to communities and families. texas is waiting for the supplemental disaster fund for hurricane ike that congress approved 18 months ago. congress led by chairman obey to help communities who suffered the sixth most costliest

hurricane in history. it's not fema but h.u.d. other states have received their disaster funds but continues to hold texas hostage. both parties have written to h.u.d. on this issue. we requested meetings and called and our letters go unanswered. the state worked with our communities to put together a strong recovery plan and we know because we just recovered from a hurricane and are recovering from hurricane rita as well. but h.u.d. keeps moving goalposts and says washington knows best and if washington gets its way, the impact won't even be eligible for help. it has been 541 days since congress acted to provide help for disaster victims, yet h.u.d. continues to say, your recovery doesn't matter. there's no rush. tell our communities, tell our families, tell our region that there's no rush, 541 days. h.u.d. needs to act now to prove

the texas plan and simply help our communities rebuild. i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from wisconsin. mr. obey: i yield three minutes to the the gentleman from california. the speaker pro tempore: the gentlelady from california is recognized for three minutes. ms. lee: thank you, chairman obey and thank you for introducing this bill. it's very important and thank you for your leadership and to chairman miller and speaker pelosi for working with members of the congressional black caucus to ensure that this legislation does include funding which is paid for for summer youth jobs initiatives to target funds for young people who are unemployed. the members of the congressional black caucus have been focused on stimulating the economy and creating jobs, especially for the chronically unemployed. as my colleagues know, we are in the midst of a five-week

campaign launched at the beginning of this month to seek policy solutions for the chronically unemployed. we are working with our leadership, president obama, members of this house and our coalition partners to put a strategy together to put america back to work. one of the key components of our proposed jobs package was to provide $1.3 billion to the summer youth program with the goal of creating 500,000 jobs for young people throughout the country. we met with the president and our speaker and raised the importance of the summer jobs program to adjust the huge unemployment rate among young people. we are committed to putting people back to work especially our young people because now with this economic scroun turn, many of our young people, their parents are unemployed. so they are helping to buy the food and pay the rent. when you look at the number, it's clear why this funding is so critical. the youth unemployment rate currently stands at 23%. this is a national emergency.

many low-income and minority-youth populations face even greater challenge, african americans, the rate is as high as 42%. we need targeted assistance to put our young people to work and teach them an array of valuable job skills they can use throughout their lives. while this does not include the $1.43 billion for summer youth jobs we requested, it does make a down payment of $600 million which is fully paid for to create 300,000 new jobs. and this is an important step forward. frankly, we need the full amount. i hope we can continue to work and expand increased funding for this valuable program. in addition, this bill will provide $5.1 billion in disaster relief to local communities through fema to address the impact of recent storms and disasters throughout the country. as one who comes from california, a state which is prone to earthquakes and floods,

i can tell you this $5.1 billion is desperately needed. and the bill will include additional 60 million to stepped the provision of the recovery act for another month to help small businesses to defray certain loan fees charged by the small business administration as small businesses are creating jobs to help turn this economy around. as chair of the congressional black caucus, i thank chairman obey and speaker and leadership for this initial down payment. we are pleased we can provide some some funding for summer jobs for young people and he are doing so in this jobs creation package. i yield back. . the speaker pro tempore: the gentleman from ohio is recognized for two minutes. mr. latta: i thank the gentleman for yielding. mr. speaker, on march 4rks i sent a letter to the fema

administrator, that letter was regarding my concerns and the concerns i've heard from u.s. tent manufacturers and suppliers about fema purchasing disaster relief tents from foreign manufacturers. humanitarian needs are great throughout the world and the american people have shown their generous spirit through the outpouring of monetary commodity donations as well as teams of personnel to serve in the medical assistance area. u.s. companies who manufacture things such as this tent right here, can fill the needs of humanitarian crisises around the world. u.s. tent manufacturers can provide tents to u.s. military, u.s. embassies and humanitarian relief efforts throughout the world. while we use federal tax dollars to aid in humanitarian relief efforts, we need to purchase u.s.-manufactured products. the department of defense is required under the buy america provision to purchase their humanitarian relief tents from u.s. manufactures -- manufacturers, so why shouldn't agencies such as fema or usaid be required to do the same?

companies that are proven and have had government contracts help retain and create jobs. purchasing u.s.-made tents also represent economic opportunities for our hard-hit areas in the united states where manufacturing jobs have disappeared by the thousands in the last several years. the simple question i have is, why should fema or any other government agency purchase foreign-made tents when american-made tents help keep americans employed, which are high quality and high valued? when unemployment rates continue to be at or around 10% in the fifth congressional district -- and the fifth congressional district exceeds over 12%, purchasing foreign-made products with american tax dollars is troubling to me. it's time the u.s. agencies be required to purchase u.s.-made tents and keep americans working. i yield back. thank you. the speaker pro tempore: the gentleman yields back. the gentleman from wisconsin. observe ebb -- mr. obey: i yield two minutes to the gentleman from iowa. the speaker pro tempore: the gentleman from iowa is recognized for two minutes. >> thank you, mr. chairman.

mr. speaker, i do want to thank chairman obey for his work on this important legislation. this bill is vital to ensuring fema can provide assistance to communities in all of our states that are recovering from major disasters. it is also critical to fema's ability to provide life-saving help to communities that might experience a major disaster in the future. in iowa we were devastated by the great flood of 2008. 85 out of 99 counties were declared major disaster areas. my district alone had billions of dollars in damage and is still working to recover, including through an estimated $1 billion in fema projects. however, there is a current freeze on a multitude of fema projects nationwide. according to iowa's governor this has put work in jeopardy on $100 million worth of projects in iowa alone. in fact, a hard-hit area of iowa

has received low bids on recovery projects but cannot commit because of this freeze. as a result they may lose a bid that is 20% below what was estimated which would actually save taxpayer money. the national weather service says there's an imminent widespread flood risk in the midwest this spring. we must ensure fema has the resources needed to help our citizens who might be hit by flooding again even as we pray that it won't be needed. i urge my colleagues to support this legislation, it to ensure iowans and communities nationwide continue to have this important safety net and we allow fema to fulfill its prior commitments to recovery and i yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the gentleman from california. mr. lewis: mr. speaker, these would be my closing comments on the bill. i'd like to thank the members, my chairman and colleagues, i'm

very everyone thetic to their description of the way we've handled fema funding in the past. i agree that the vast percentage of cases, that money ought to not be subject to offset requirement it's, the emergency rule is there for appropriate reasons. the only reason we're raising this in a procedural way today is because of the realities that, well, we have the disaster out there, we've never had a disaster like this huge deficit of this year, $1.6 trillion and projecting in the future, there's no end. and eventually the public knows the economy can't stand it and they're suggesting that we try to help them out of this disaster that's ahead of us. so it's indeed important for us to realize that in spite of the fact that there's a huge amount of money in the stimulus package that's yet unspent, might be used for some of these offsets, we need seriously to get on a track of reducing spending and

undermining that growing deficit so the public can at least have some sense that we're trying to affect that crises that's beyond our horizon. i plan after we're through here to offer a motion to recommit on this bill, in order to adopt the amendment i presented in the rules committee on monday. the motion is simple that cuts unnecessary money from the stimulus to pay for the $5.1 billion fema spending provided in mr. obey's bill. and the balance of the question we discussed earlier, i at this point in time would yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the gentleman from wisconsin. mr. obey: mr. speaker, i would make only one additional point. this bill also provides for a one-month extension of the recovery act small business lending program and provides an additional $60 million for that

program. through march 12 of this year, the recovery small business lending program has supported nearly $23 billion in small business lending which according to s.b.a. has helped create or preserve over 500,000 jobs. i think it's well worth the effort, we need to keep this program alive and with that i yield back the balance of my time. the speaker pro tempore: the gentleman yields back. all time for debate has expired. pursuant to house resolution 1204 the previous question is ordered on the bill. the question is on engrossment and third reading of the bill. those in favor say aye. those opposed, no. the ayes have it. third reading. the clerk: a bill making

emergency supplemental appropriations for disaster relief and summer jobs for the fiscal year ending september 30, 2010, and for other purther pur the speaker pro tempore: for what purpose does the gentleman from california rise? mr. lewis: mr. speaker, i have a motion to recommit at the desk. the speaker pro tempore: is the gentleman opposed to the bill? mr. lewis: i am. the speaker pro tempore: the gentleman equal fice. the clerk will report the motion. the clerk: mr. lewis of california moves to recommit the bill, h.r. 4899, to the committee on appropriations with instructions to report the same back to the house forthwith the following amendment. mr. lewis: i ask unanimous consent to dispense with the reading. the speaker pro tempore: is there objection? without objection. mr. obey: point of order, mr. speaker. i would raise a point of order against the amendment. the speaker pro tempore: the gentleman will state his point. mr. obey: mr. chairman, i make a point of order against the motion because it constitutes legislation under the appropriation bill which is in violation of clause 2 rule 21.

the instructions in the motion include an amendment proposing to include language in the bill that would provide for the rescission of previously appropriated funds made available in other appropriation acts. this is clearly a legislative proposition, mr. chairman, section 1052 of the house rules and manual states in part, an amendment proposing a rescission constitutes legislation under the clause. the amendment is therefore legislative in nature and is in violation of clause 2 rule 21 and i ask for a ruling from the chair. the speaker pro tempore: does anyone wish to be heard on the -- mr. lewis: yes, mr. speaker. the speaker pro tempore: the gentleman from california. mr. lewis: thank you very much, mr. speaker. as i've suggested earlier, the bill before us contains almost $of billion in new spending -- $6 billion in new spending, spend something that is not offset by true reductions. instead the $6 billion will simply plow more money onto the government's charge chard and -- card and add to our debt.

mr. speaker, it is my understanding that the bill before us today is considered to be a general appropriations bill and under the rules of the house general appropriations bills are privileged and are not -- and ought to be considered to the community appropriations or sent to the committee of appropriations prior to consideration on the house floor. i've expressed my concern about the lack of regular order, the number of supplementals and appropriations bills that are not being heard in committee or subcommittee. i won't repeat all of those concerns except to say that we are on this disastrous pathway because of our totally ignoring the need to make sense out of our national deficit and get a handle on spending. and so with that, mr. speaker, i ask for consideration of my motion to recommit. the speaker pro tempore: the chair is prepared to rule. the gentleman from wisconsin raises a point of order against the motion that it violates clause 2 of rule 21. the motion proposes to insert a

rescission as provided in section 1052 of the house rules and manual, an amendment proposing a rescission constitutes legislation in violation of clause 2, subparagraph c of rule 21. the point of order is sustained and the motion is not in order. for what purpose does the gentleman from california rise? mr. lewis: i would challenge the ruling of the chair and call for the yeas and nays. the speaker pro tempore: the question is shall the decision of the chair stand as the judgment of the house. the gentleman from wisconsin. mr. obey: table the appeal of the ruling of the chair. the speaker pro tempore: the motion is on the -- the question is on the motion to table. those in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. and the question -- it is decided in the negative.

mr. obey: i ask nor the yeas and nays. the speaker pro tempore: the gentleman asker to the the yeas and nays. those favoring a -- all those in favor of taking this vote by the yeas and nays will rise and remain standing until counted. a sufficient number having arisen, the yeas and nays are ordered. members will record their votes by electronic device. pursuant to clause 8 and clause 9 of rule 20, this 15-minute vote on the motion to table will be followed by a five-minute vote on passage of the bill if ariding without further proceedings in recommital and the motion to suspend the house rules on h.r. 3562. this will be a 15-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of