[Congressional Record Volume 156, Number 89 (Tuesday, June 15, 2010)]
[House]
[Pages H4477-H4479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1715
SMALL BUSINESS JOBS TAX RELIEF ACT OF 2010
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX,
proceedings will now resume on the bill (H.R. 5486) to amend the
Internal Revenue Code of 1986 to provide tax incentives for small
business job creation, and for other purposes.
The Clerk read the title of the bill.
Motion to Recommit
Mr. CAMP. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. CAMP. I am, in its present form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Camp moves to recommit the bill H.R. 5486 to the
Committee on Ways and Means with instructions to report the
same back to the House forthwith with the following
amendment:
At the end, add the following:
Subtitle C--Health Provisions
SEC. 541. REPEAL OF INDIVIDUAL HEALTH INSURANCE MANDATE.
Section 5000A is amended by adding at the end the following
new subsection:
``(h) Termination.--Subsections (a) and (b) shall not apply
with respect to any month beginning after the date of the
enactment of this subsection.''.
Mr. CAMP (during the reading). Mr. Speaker, I ask unanimous consent
to dispense with the reading.
Mr. LEVIN. I reserve a point of order.
The SPEAKER pro tempore. A point of order is reserved.
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
Michigan is recognized for 5 minutes in support of his motion.
Mr. CAMP. Mr. Speaker, with the unemployment rate stuck at nearly 10
percent, far too many Americans and small businesses are struggling to
get by. While the bill before us contains some very limited benefits,
it does little to help small businesses create the jobs so many
Americans desperately need.
The motion to recommit the underlying bill keeps the underlying bill
intact and provides real help to Americans by repealing one of the most
onerous provisions of the new health care law, the individual mandate
that, while exempting illegal immigrants, forces Americans to buy
government-approved health insurance or pay a tax if they don't.
The Federal Government has never required its citizens to purchase a
particular product before, and doing so with health insurance violates
the basic principles of freedom and individual choice. No American
should be forced to buy or purchase health insurance they don't want or
can't afford.
This provision is so controversial that 20 States and the Nation's
leading small business organization, the National Federation of
Independent Business, have filed a lawsuit questioning its
constitutionality. While legal experts will soon start arguing that
case, we already know that the individual mandate tax penalty will fall
hardest on middle- and low-income Americans.
According to the Congressional Budget Office, in 2016, nearly 75
percent of the Americans who pay this tax will have household incomes
below 500 percent of the Federal poverty level. That's roughly $73,000
for a married couple with no children. CBO also tells us that the
Democrats' health care law will increase premiums for millions of
Americans by up to 13 percent. That's a premium increase of about
$2,100.
As the Democrats' health care bill drives up the cots of health care
premiums even higher, it will become more and more unaffordable for
American families to comply with the mandate. Repealing this mandate
will directly benefit millions of Americans and uphold the freedoms
upon which this Nation was founded. It has the added benefit of
eliminating the need for the IRS to hire thousands of additional
employees, possibly as many as 16,000, just to enforce the new health
care law.
The recently enacted health care law is bad for workers, bad for
employers, and bad for America. Clearly, we need to repeal and replace
this law with commonsense reforms that will actually lower health care
costs and let Americans keep the plan they have and like.
And let me remind my colleagues of a quote from then-Presidential
candidate Barack Obama. And I quote, ``A mandate means that in some
fashion everybody will be forced to buy health insurance. . . . But I
believe the problem is not that folks are trying to
[[Page H4478]]
avoid getting health care. The problem is they can't afford it.''
This health care law increases premiums by $2,100 for millions of
American families and requires them to buy this government-approved
insurance that they cannot afford.
I urge my colleagues to stand with the American people and vote for
the motion to recommit.
I yield back the balance of my time.
Mr. LEVIN. Mr. Speaker, I withdraw my reservation of the point of
order, and I rise in opposition to the motion.
The SPEAKER pro tempore. The gentleman from Michigan withdraws his
reservation.
The gentleman is recognized for 5 minutes.
Mr. LEVIN. Colleagues, individual responsibility is a cornerstone of
health reform to ensure that every American has affordable health
insurance coverage, and that's why it was included in the GOP 1994
reform. So this is nothing more, nothing more than a disingenuous
political stunt to undermine health reform.
Without individual responsibility, it would mean that we could not
eliminate exclusions for preexisting conditions. We could not prohibit
insurers from refusing to cover someone when they apply. We could not
prohibit insurance companies from charging more when you get sick. And
according to the CBO, if this were to pass, it would result in the loss
of coverage for more than 16 million Americans: 6 million of the most
needy among us, 5 million who would lose their insurance from their
employers, 5 million who would lose individual insurance. It would
raise health insurance premiums for every American buying coverage
through the exchange by nearly 20 percent.
This is a small business bill, and it would hurt small business. It
would reduce assistance to them to provide health care to their
workers, and it would increase taxes on individuals and employers who
failed to cover their workers. This is misguided, period. We should
defeat this in a round fashion.
Now I yield to the gentleman from New Jersey (Mr. Andrews).
Mr. ANDREWS. Mr. Speaker, this amendment, this motion is a guaranteed
increase in middle class health insurance premiums for all Americans.
If that's what you want, you should vote for it. But you know, when a
person goes to the emergency room and is uninsured, doesn't have health
insurance, they get health care. The question is who pays the bill.
The provision that is before us from the minority party says that
insured middle class Americans should pay the bill. The law the
President signed in March says something very different. It says that
everyone has the responsibility to earn and pay for, at a reasonable
price, their own health insurance.
The question is not whether uninsured people get care; the question
is whether insured middle class people pay for it or not. The question
is whether when someone has breast cancer or asthma and is turned away
because of a preexisting condition that we will be able to insure that
person at regular premiums. If you don't have nearly everyone insured,
you can't do that.
So if you think that middle class people paying other people's bills
is the right way to go, this is your motion. If you think that we
should no longer provide health insurance coverage for those with a
preexisting condition, then ``yes'' is your vote.
Our opponents talk of freedom. I think it's time that middle class
Americans were free from paying other people's bills and paying for the
insurance company mandates. So if that's your version of health care
reform, and I believe that's the majority of Americans, then your vote
is ``no.''
Mr. LEVIN. I urge a resounding ``no'' vote, and therefore I happily
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. CAMP. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on
the motion to recommit will be followed by 5-minute votes on passage of
H.R. 5486, if ordered, and suspension of the rules with regard to House
Resolution 1322.
The vote was taken by electronic device, and there were--ayes 187,
noes 230, not voting 15, as follows:
[Roll No. 362]
AYES--187
Aderholt
Akin
Alexander
Altmire
Austria
Bachmann
Bachus
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boucher
Boustany
Brady (TX)
Bright
Broun (GA)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Capito
Carter
Cassidy
Castle
Chaffetz
Chandler
Childers
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Critz
Culberson
Davis (KY)
Davis (TN)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Djou
Dreier
Duncan
Edwards (TX)
Ehlers
Emerson
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey (GA)
Goodlatte
Granger
Graves (GA)
Graves (MO)
Griffith
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Holden
Hunter
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McMorris Rodgers
Mica
Miller (MI)
Miller, Gary
Minnick
Moran (KS)
Murphy, Tim
Neugebauer
Nunes
Nye
Olson
Paul
Paulsen
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Radanovich
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuler
Shuster
Simpson
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Stearns
Sullivan
Tanner
Taylor
Teague
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)
NOES--230
Ackerman
Adler (NJ)
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boswell
Boyd
Brady (PA)
Braley (IA)
Butterfield
Cao
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (MD)
Ellison
Ellsworth
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Fudge
Garamendi
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perriello
Peters
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Rodriguez
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
[[Page H4479]]
Slaughter
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Stupak
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wilson (OH)
Woolsey
Wu
Yarmuth
NOT VOTING--15
Barrett (SC)
Brown (SC)
Brown, Corrine
Cantor
Deutch
Fallin
Gohmert
Hodes
Hoekstra
Inglis
Linder
Miller (FL)
Myrick
Pallone
Wamp
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1744
Messrs. SHERMAN and OBEY changed their vote from ``aye'' to ``no.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
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.
Recorded Vote
Mr. LEVIN. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 247,
noes 170, not voting 15, as follows:
[Roll No. 363]
AYES--247
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Brady (PA)
Braley (IA)
Bright
Butterfield
Cao
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castle
Castor (FL)
Chandler
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (MD)
Ellison
Ellsworth
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Fudge
Garamendi
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Minnick
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Olver
Ortiz
Owens
Pascrell
Pastor (AZ)
Paul
Payne
Perlmutter
Perriello
Peters
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wilson (OH)
Woolsey
Wu
Yarmuth
NOES--170
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Bartlett
Barton (TX)
Berry
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Boyd
Brady (TX)
Broun (GA)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Capito
Carter
Cassidy
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cooper
Costa
Crenshaw
Culberson
Davis (KY)
Diaz-Balart, L.
Diaz-Balart, M.
Djou
Dreier
Duncan
Edwards (TX)
Ehlers
Emerson
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey (GA)
Goodlatte
Granger
Graves (GA)
Graves (MO)
Griffith
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Herseth Sandlin
Hunter
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kline (MN)
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McMorris Rodgers
Mica
Miller (MI)
Miller, Gary
Mitchell
Moran (KS)
Murphy, Tim
Neugebauer
Nunes
Olson
Paulsen
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Radanovich
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Stearns
Sullivan
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)
NOT VOTING--15
Barrett (SC)
Brown (SC)
Brown, Corrine
Cantor
Deutch
Fallin
Gohmert
Hodes
Hoekstra
Inglis
Miller (FL)
Myrick
Pallone
Putnam
Wamp
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1751
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________