[Congressional Record Volume 153, Number 121 (Thursday, July 26, 2007)]
[House]
[Pages H8685-H8686]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    PROVIDING FOR CONSIDERATION OF H.R. 2419, FARM, NUTRITION, AND 
                         BIOENERGY ACT OF 2007

  The SPEAKER pro tempore. The gentleman from California has 3\1/4\ 
minutes remaining.
  Mr. CARDOZA. Mr. Speaker, I have stood here for the better part of an 
hour as we debated this rule, and I frankly cannot believe what I am 
hearing.
  It sounds to me like the Republican caucus of this body is actually 
considering voting against the thousands of farmers, their families, 
and the millions of people throughout this country that rely on farming 
for their livelihood in favor of a few wealthy international companies 
who are deliberately evading U.S. tax law and big oil companies that 
have been gouging Americans at the pump.
  The truth is that the Ways and Means Committee has taken the advice 
of the Bush administration and closed a loophole for tax cheats in 
order to pay for lifesaving nutrition programs for millions of 
Americans. This energy offset comes from reducing taxpayer subsidies 
for multinational oil and gas companies that have enjoyed a free ride 
from this Congress for far too long.
  The price of oil today in New York was $75 a barrel. Is that not 
enough for Americans to pay? So enough with this song and dance. This 
is about closing loopholes for tax cheats, a loophole that your 
Republican administration has been advocating. This is closing a 
loophole for tax cheats, a loophole that this administration has been 
advocating being closed for years, as it is reducing windfall profits 
for Big Oil.
  I urge my colleagues to make the right choice here and stop playing 
politics with the American public.
  We used to have a $30 billion trade surplus in agriculture. Like 
everything else, we are trading that away. If we aren't careful, we are 
going to become an importer of agricultural goods for the first time in 
the history of the United States. That won't happen on our watch.
  It's bad enough that countries like China, Japan, and Saudi Arabia 
are our bankers. Let us not make them our farmers, too. That is not the 
way this country was built, and I assure you this new Democratic 
Congress will not abandon our farm community.
  This is a once-in-a-lifetime bill that will meet our country's needs. 
Every major group, the commodities, the specialty crops, the nutrition 
groups, the conservationists and others support this bill.
  A ``yes'' vote on this rule and the underlying bill is a vote for the 
hungry, a vote for the environment, a vote for energy independence, 
but, most importantly, a vote to deliver on our long-standing 
commitment to rural America.
  I urge a ``yes'' vote on the rule and on the previous question.
  Mr. ENGLISH of Pennsylvania. Mr. Speaker, I rise in opposition to 
this rule. The rule waives all points of order on the underlying bill 
to shield the Democratic Leadership's attempt to bypass the rules of 
the House and the jurisdiction of the Committee on Ways and Means. 
Clause 5(a) of Rule 21 states that, ``a bill or joint resolution 
carrying a tax or tariff measure may not be reported by a committee not 
having jurisdiction to report tax or tariff measures.''
  Yet, the bill before us today was not reported by such a committee, 
only by the Committee on Agriculture. Specifically, Section 1303 of the 
bill would change the administration of U.S. tariff rate quotas for 
imports of sugar so that the tariff rate quotas no longer apply on a 
yearly basis, but rather on a semi-

[[Page H8686]]

annual or even quarterly basis for certain imports.
  Under this provision, importers who wish to import sugar into the 
United States outside of the narrow time period specified in the bill 
would be required to pay the over-quota tariff rate rather than the in-
quota tariff rate to which they would otherwise be entitled. Thus, this 
provision would increase the tariff rate on these imports from 1.46 
cents per kilogram to 33.87 cents per kilogram: an increase in the 
tariff rate of over 2,000 percent.
  In effect, this bill changes the tariff classification of these 
imports because it changes the tariff to which these imports are 
subject based on when they are imported into the United States. As a 
result, this language would affect the amount of tariff revenue 
collected, thus triggering clause 5(a) of rule 21.
  Completely egregious in its own right on the merits, the inclusion of 
this provision also flies smack in the face of the rules of the House 
and should not be included in the bill today. But, sadly today we are 
precluded from raising a point of order against this provision as a 
result of this rule.
  Mr. Speaker the rule also contains a self-executing tax increase that 
will put the squeeze on investment in the U.S. and cost America jobs. 
Also not considered by the Committee on Ways and Means, this provision, 
masquerading as a way to keep jobs here, will in fact send jobs 
overseas.
  The practical effect of this amendment is that employers like BASF in 
Evans City, Pennsylvania will be at a direct disadvantage simply 
because they have chosen to locate a manufacturing plant in the U.S.--
and employ U.S. workers--but have a parent company based in Germany. 
Similarly, companies throughout my district would be indirectly 
affected as a result of some of their customers--companies like Honda 
and Sony among others--being disadvantaged by this provision. In 
addition, this provision completely disregards obligations made under 
international tax treaties.
  Mr. Speaker, American workers deserve better, American employers 
deserve better, and our treaty partners deserve better.
  I urge a ``no'' vote on this most misguided rule.
  Mr. CARDOZA. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The previous question was ordered.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  Pursuant to clause 8 of rule XX, this 15-minute vote on adoption of 
House Resolution 574 will be followed by a 5-minute vote on agreeing to 
the Speaker's approval of the Journal, if ordered.
  The vote was taken by electronic device, and there were--yeas 222, 
nays 202, not voting 8, as follows:

                             [Roll No. 746]

                               YEAS--222

     Abercrombie
     Ackerman
     Allen
     Andrews
     Arcuri
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castor
     Chandler
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NAYS--202

     Aderholt
     Akin
     Alexander
     Altmire
     Bachmann
     Bachus
     Baird
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     McNerney
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Sires
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                             NOT VOTING--8

     Clarke
     Cubin
     Davis, Jo Ann
     Hunter
     LaHood
     Rogers (AL)
     Waters
     Young (AK)

                              {time}  1937

  Mr. SESSIONS changed his vote from ``yea'' to ``nay.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________