David Thomas: “Mr. Speaker, as is usually the case with motions to instruct, it contains a number of phrases which seem controlling in…”

“Mr. Speaker, as is usually the case with motions to instruct, it contains a number of phrases which seem controlling in nature. For example, under the first point and the A section, "shall not include"; B, "shall include provisions"; C, "shall adjust". The fact of the matter is that the motion to instruct has no binding capability whatsoever. In fact, if one goes up to the very first line and reads the motion to instruct it says, "Mr. Stark moves that, to the maximum extent permitted," which means any time one reads "shall" under here, it has no consequence whatsoever. However, we should not let this opportunity go by without correcting some of the factual misstatements that have already occurred, not just about the bill that we have in front of us, but about the bills that the House has voted on in terms of modifying the tax obligation of citizens of the United States. In the bill that the House passed dealing with the child tax credit, which seems to be the thrust of point number three of the listed points in terms of providing benefits to every family with children that has income tax on payroll tax liability, the answer is simple. The bill that passed the House provided for the ability to utilize a refundable credit to cover payroll taxes beyond income taxes.”