[Congressional Record Volume 157, Number 163 (Thursday, October 27, 2011)]
[House]
[Pages H7149-H7151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
3% WITHHOLDING REPEAL AND JOB CREATION ACT
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 674) to amend the Internal Revenue Code
of 1986 to repeal the imposition of 3 percent withholding on certain
payments made to vendors by government entities, will now resume.
The Clerk read the title of the bill.
Motion to Recommit
Mr. ANDREWS. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. ANDREWS. Yes, I am, in its present form.
Mr. CAMP. Mr. Speaker, I reserve a point of order.
The SPEAKER pro tempore. A point of order is reserved.
The Clerk will report the motion to recommit.
The Clerk read as follows:
Mr. Andrews moves to recommit the bill H.R. 674 to the
Committee on Ways and Means with instructions to report the
same back to the House forthwith with the following
amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. DENIAL OF RELIEF TO COMPANIES FOUND DELINQUENT IN
PAYING THEIR FEDERAL TAXES.
(a) In General.--Paragraph (1) of section 3402(t) of the
Internal Revenue Code of 1986 is amended by striking ``any
person providing'' and inserting ``any Federal tax delinquent
which provides''.
(b) Federal Tax Delinquent.--Subsection (t) of section 3402
of such Code is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the
following new paragraph:
``(3) Federal tax delinquent.--The term `Federal tax
delinquent' means any person who owes a delinquent tax debt
(as defined in section 6103(l)(22)(C)).''.
(c) Conforming Amendment.--Subsection (t) of section 3402
of such Code is amended by inserting ``to Federal Tax
Delinquents'' after ``Payments Made by Government Entities''
in the heading thereof.
(d) Effective Date.--The amendments made by this section
shall apply to payments made after December 31, 2011.
Mr. CAMP (during the reading). Mr. Speaker, I ask unanimous consent
that further reading of the motion be dispensed with.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey is recognized for 5 minutes in support of his motion.
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Speaker, this ends yet another week for the House of
Representatives without consideration of a meaningful jobs bill. More
meaningfully, though, this concludes another week where a nightmare is
about to come true for our constituents. This is another week without a
paycheck for a lot of Americans. It might be the week that their
unemployment benefits expire. This might be the day that someone shuts
down their small business and closes the doors for the last time. This
might be the week that the foreclosure notice is executed and someone
loses their home. This has been a bad week for a lot of Americans. It's
been a bad time for a lot of Americans. But what they have lost is not
simply their job, not simply their business, not simply their health
insurance or their pension. Many of our neighbors have lost their basic
faith that America is fair.
Mr. Speaker, 50 percent--50 percent--of the American people recently
surveyed said the American Dream was either dead or on life support.
They see in the halls of big institutions, they see on Wall Street and
they see in the Halls of Congress a basic sense that America is not
fair anymore, that the basic deal that if you work as hard as you can,
give as much as you can and do as much as you can that you can go as
far as your abilities will take you, too many of our constituents no
longer believe that.
My motion makes what I believe is an improvement to a good bill. I'm
going to support this bill that says that no small business person
should have to make an interest-free loan to the Federal Government to
do business with the government. I think that's exactly right. But
here's the improvement it makes. It recognizes that some who would take
advantage of that provision are taking advantage of our tax system and
not paying their fair share.
When I say ``not paying their fair share,'' I'm not talking about
policy or arguing about tax rates. I'm talking about someone who is
delinquent on their taxes and cheating the rest of us. So when someone
looks at their pay envelope this afternoon and sees what's taken out in
FICA and Federal withholding tax, they're paying their fair share. Some
like it, many do not, but they're paying their fair share. Why should
it be that someone who is not paying their fair share to support this
country should take advantage of this very good bill? I say they
shouldn't.
So my improvement to this bill is very simple. If you run a barber
shop or a software company or a delicatessen or a manufacturing plant,
you no longer have to make an interest-free loan to the government to
do business with the government. I agree with that, and I salute the
authors of the bill. But if you are delinquent on your taxes, if you
haven't paid your fair share, if you are cheating the rest of the
community, then you may not take advantage of this opportunity.
This amendment is not just about improving the revenue flow to the
Federal Government. It's about making the country a little more fair
again. It's about saying that those who follow the rules, our small
businesses, our middle class citizens, those who follow the rules can
take advantage of the law, but those who do not follow the rules may
not take advantage of the law. I think the American people want to see
that in big hospitals and insurance companies; I think they want to see
that on Wall Street; and I think they want to see it right here on the
floor of this Chamber.
So let's cast a vote today not just for an improvement to this bill,
but let's make America a little more fair. Let's
[[Page H7150]]
make the American Dream a little more alive. Let's stand for the
proposition that those who play by the rules benefit from the rules,
but those who break the rules do not.
The question raised, colleagues, by this amendment is this: Where do
you stand? Do you stand with small businesses and middle class people
who follow the rules, or do you follow with those who would violate the
rules and pillage the American system?
The American people have had enough of this. We need to do far more
than this to restore fairness to our country, but this is a good start.
I would urge a ``yes'' vote on this motion.
Mr. CAMP. Mr. Speaker, I withdraw my point of order and seek time in
opposition to the motion.
The SPEAKER pro tempore (Mr. Denham). The gentleman's reservation is
withdrawn.
The gentleman from Michigan is recognized for 5 minutes.
Mr. CAMP. Mr. Speaker, the underlying bill that we're talking about
here today which repeals the 3 percent across-the-board rule is
cosponsored by two-thirds of this House. This bill has been endorsed by
the President of the United States as is. And when the current minority
was in the majority, in the stimulus bill they offered this exact
legislation, full repeal, without any complications. And then when the
final version came over, it was full repeal for 1 year without any
changes or complications. I obviously am in strong opposition to this
motion to recommit.
Then we get the analysis from the Joint Committee on Taxation which
says, in typical understatement from the joint committee: Your proposal
poses some administrative difficulties. Some?
The burden is going to be on State and local governments to figure
out which contractors are or are not delinquent. And either there's a
violation of taxpayer privacy, which I don't think anybody in this
House would support, a violation of rule 6103, or very complex
procedures are going to have to be put in place for government to
figure out which contractors are in compliance and which aren't.
As the Joint Committee on Taxation goes on to say: The IRS would need
to build the infrastructure to handle the volume of requests from State
and local government entities. Implementation difficulties limit
somewhat the revenue gain from withholding on State and local
governments.
{time} 1110
This is more complication in the Tax Code. It goes against what a
majority of this House wants to do. It goes against what the President
of the United States wants to do. Vote ``no'' on this motion to
recommit.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. ANDREWS. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--ayes 183,
noes 235, not voting 15, as follows:
[Roll No. 814]
AYES--183
Altmire
Andrews
Baca
Baldwin
Barrow
Bass (CA)
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree (ME)
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Ross (AR)
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Woolsey
Yarmuth
NOES--235
Adams
Aderholt
Akin
Alexander
Amash
Amodei
Austria
Bachus
Barletta
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cravaack
Crawford
Crenshaw
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Petri
Pitts
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (FL)
Young (IN)
NOT VOTING--15
Ackerman
Bachmann
Cicilline
Giffords
Grimm
Hinchey
Miller, Gary
Platts
Poe (TX)
Polis
Ros-Lehtinen
Turner (NY)
Visclosky
Wilson (FL)
Young (AK)
{time} 1128
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. GRIMM. Mr. Speaker, on rollcall No. 814, I had district work that
required my presence. Had I been present, I would have voted ``no.''
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
[[Page H7151]]
Mr. LEVIN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 405,
nays 16, not voting 12, as follows:
[Roll No. 815]
YEAS--405
Adams
Aderholt
Akin
Alexander
Altmire
Amash
Amodei
Andrews
Austria
Baca
Bachus
Baldwin
Barletta
Barrow
Bartlett
Barton (TX)
Bass (CA)
Bass (NH)
Becerra
Benishek
Berg
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Black
Blackburn
Blumenauer
Bonner
Bono Mack
Boren
Boswell
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Brooks
Broun (GA)
Brown (FL)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Butterfield
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castor (FL)
Chabot
Chaffetz
Chandler
Chu
Cicilline
Clarke (MI)
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Cravaack
Crawford
Crenshaw
Critz
Crowley
Cuellar
Culberson
Cummings
Davis (CA)
Davis (IL)
Davis (KY)
DeFazio
DeGette
DeLauro
Denham
Dent
DesJarlais
Deutch
Diaz-Balart
Dicks
Dingell
Doggett
Dold
Donnelly (IN)
Doyle
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellison
Ellmers
Emerson
Engel
Eshoo
Farenthold
Farr
Fattah
Filner
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garamendi
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grijalva
Guinta
Guthrie
Hahn
Hall
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Hayworth
Heck
Heinrich
Hensarling
Herger
Herrera Beutler
Higgins
Himes
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Inslee
Israel
Issa
Jackson (IL)
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Jordan
Kaptur
Keating
Kelly
Kildee
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Lance
Landry
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Long
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Marino
Markey
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meehan
Meeks
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Moore
Moran
Mulvaney
Murphy (CT)
Murphy (PA)
Myrick
Nadler
Napolitano
Neal
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Pearce
Pelosi
Pence
Perlmutter
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Price (NC)
Quayle
Quigley
Rahall
Rangel
Reed
Rehberg
Reichert
Renacci
Reyes
Ribble
Richardson
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Rothman (NJ)
Roybal-Allard
Royce
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schiff
Schilling
Schmidt
Schock
Schrader
Schwartz
Schweikert
Scott (SC)
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Speier
Stearns
Stivers
Stutzman
Sullivan
Sutton
Terry
Thompson (CA)
Thompson (PA)
Thornberry
Tiberi
Tierney
Tipton
Tonko
Towns
Tsongas
Turner (NY)
Turner (OH)
Upton
Van Hollen
Velazquez
Walberg
Walden
Walsh (IL)
Walz (MN)
Wasserman Schultz
Watt
Waxman
Webster
Welch
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Yarmuth
Yoder
Young (FL)
Young (IN)
NAYS--16
Clarke (NY)
Edwards
Fudge
Gutierrez
Jackson Lee (TX)
Kucinich
Lee (CA)
Lofgren, Zoe
Olver
Payne
Richmond
Schakowsky
Stark
Thompson (MS)
Waters
Woolsey
NOT VOTING--12
Ackerman
Bachmann
Giffords
Grimm
Hinchey
Johnson (IL)
Miller, Gary
Polis
Visclosky
Wilson (FL)
Woodall
Young (AK)
{time} 1145
Ms. BASS of California and Mr. RUSH changed their vote from ``nay''
to ``yea.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. GRIMM. Mr. Speaker, on rollcall No. 815, I had district work that
required my presence. Had I been present, I would have voted ``yea.''
Mr. JOHNSON of Illinois. Mr. Speaker, on Thursday October 27, 2011 I
inadvertently missed the vote on final passage of H.R. 674. I would
have cast a ``yea'' vote.
____________________