[Congressional Record Volume 157, Number 43 (Tuesday, March 29, 2011)]
[Senate]
[Pages S1909-S1910]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             REPEAL OF 1099

  Mr. JOHANNS. Madam President, it feels a bit like deja vu standing 
here today discussing the ongoing saga of the 1099 repeal. Two weeks 
ago, I offered amendment No. 161 to the small business bill.
  If we read all the press releases and the public statements, it 
appears that absolutely nobody could possibly oppose repeal of the 1099 
requirement in section 9006 of the health care bill. Yet once again the 
other side is attempting to delay or derail the 1099 repeal by offering 
a second-degree amendment. I might have been open to a second-degree 
amendment when we started this process many long months ago. But now we 
are approaching the 1-year anniversary since we began fighting to 
repeal this unnecessary mandate. It had no place in the health care 
bill in the first place.
  I can't help but question why on Earth we are still swinging and 
missing at this one. Is it a lack of support in my caucus? The answer 
to that is no. Support amongst Republicans is absolutely unanimous. 
Lack of Republican support certainly has not held this up.
  I ask myself if there is a lack of bipartisan support that is holding 
up the effort. The answer to that is also no. My colleague, the junior 
Senator from West Virginia, has cosponsored the last several versions 
of this repeal legislation in the Senate. Together, Senator Manchin and 
I have secured dozens of Democrats who strongly support the repeal, and 
76 Democrats voted for identical 1099 repeal in the House of 
Representatives. Bipartisan support is enormously, if not unusually, 
strong.
  Might our problem be a lack of support from the White House? The 
answer to that is also no. The President has publicly called for repeal 
of this 1099 mandate on several occasions in press conferences. He even 
referenced it in his State of the Union Address.
  Is it possible there is still confusion about how our small 
businesses feel about the mandate? That is not the case. The chorus of 
job creators opposing this mandate is almost deafening: the chamber of 
commerce, the National Federation of Independent Business, the American 
Farm Bureau Federation. I could go on and on listing organizations 
arguing for its repeal.
  Has it been a controversial pay-for that has slowed down progress? 
Interestingly enough, an almost identical budgetary offset passed this 
Chamber unanimously only 4 months ago. Requiring someone to repay what 
was given to them erroneously is, plain and simple, good government.
  Even Secretary of Health and Human Services Sebelius noted that 
repayment of improper subsidies is ``fair for recipients and all 
taxpayers.'' So arguments about the pay-for simply are hollow excuses 
to justify inaction.
  Our job creators are seeing it for what it really is. It is more 
nonsense. It astounds me that we can seemingly pass benchmark after 
benchmark without going over the finish line. How can we make so much 
important progress only to be stymied again and again by some silent 
opposition?

  My friends across the aisle have often complained about the slow pace 
of the Senate. They have blamed the other side of the aisle for 
preventing progress. Well, my side of the aisle has been ready for a 
long time to repeal this job-killing mandate. I want you to know we 
stand ready to vote.
  Considering the high unemployment rates plaguing our country, it 
seems absolutely incomprehensible that we would waste even another day 
without addressing this mandate in the health care bill. Our job 
creators have watched dueling amendments and proposals and 
counterproposals. Well, that has gone on for 1 year.
  I first circulated a Dear Colleague letter asking for cosponsors of 
this 1099 repeal in June of last year. When we introduced it in July, 
with 25 cosponsors, well, small businesses cheered. It gave them hope 
common sense would prevail in Congress and that partisanship is 
sometimes set aside to simply do the right thing.
  But now they see there is yet again a delay tactic in the form of a 
second-degree amendment to the 1099 repeal. They have been frustrated 
time and time again--when it failed to advance in September and 
November and appeared stalled well into the new year.
  Today, we have a simple choice: We can pass my amendment with strong 
bipartisan support and demonstrate we have the 60 votes necessary for 
the House version or we can pass the second-degree amendment and push 
this repeal off into limbo into Never Never Land yet again. We can 
actually fix the problem in a bipartisan way or we can continue to kick 
this can down the road.

[[Page S1910]]

  If we pass the second-degree amendment, quite simply, what we have 
voted yes to do is delay the repeal of the 1099 amendment and 
eventually we are going to flirt with disaster on this and it will not 
get done.
  We need to focus all our energy on helping our job creators grow and 
create more jobs, not force them into worrying about hiring more 
accountants. Pardon my boldness but there is no reason to delay. An 
identical version of my amendment passed the House with large 
bipartisan support: 314 to 112. I urge my colleagues, with all I have, 
to oppose the second-degree amendment my friend from New Jersey is 
proposing.
  Let's be clear. This latest distraction from 1099 repeal is just 
that--it is a distraction. We all know it is not truly about a study to 
look at health care costs. If we want to do a study, put the amendment 
on some other piece of legislation. This is about derailing and 
delaying the 1099 repeal because if the second-degree amendment passes, 
it says: Instead of sending this to the President to become law, we 
need to go back to the drawing board.
  While the proponents of the second-degree amendment will claim it is 
innocuous, make no mistake, it is designed to obliterate this amendment 
because of a budgetary offset. Again, I remind us, a similar offset was 
passed unanimously recently by the Senate. Just like a Politico article 
from yesterday noted: ``Senate Democrats are working on an amendment 
that could kill the [Republicans' pay-for in the future].''
  If the second degree passes, then we are essentially adding nearly 
$25 billion to our debt over the next 10 years. While some may preach 
the virtues of pay-as-you-go rules, when it comes right down to it, 
they will undermine virtually any fiscally responsible pay-for.
  So here we are again crossing the same bridge we have crossed so many 
times before. In fact, the Senate refused this idea when we rejected 
the Baucus amendment that repealed 1099 but was not paid for. That 
amendment fell 23 votes short of passage because it fiscally did not 
make sense.
  So why are we still here aimlessly walking around in circles when we 
ought to be marching straight ahead? Why are we proposing to send this 
bipartisan legislation back to the House? Because that is what will 
have to happen, when it ought to go directly to the President's desk 
for signature.
  Our vote today can send a message that we have all the votes 
necessary to get this done and get it on the President's desk and 
everybody can celebrate: our job creators, Democrats, Republicans, 
Independents.
  The logic of the second-degree amendment is absolutely baffling. Here 
we are in the ninth inning and somehow our pay-for has become magically 
unacceptable, even after a similar pay-for was approved unanimously by 
the Senate before. Where were all the objections? Where was the demand 
for further study when we unanimously approved a similar offset for the 
doc fix legislation?
  Let me be very clear: A vote in favor of the second degree is a vote 
against our business and job creators. My amendment has been waiting 
for a vote for 14 days now, and the repeal has been pending for nearly 
1 year. Isn't enough enough?
  The time for delay and further study must be over. Let's pass my 
amendment today by an overwhelming vote of the Senate. Let's reject the 
second degree. Let's get this piece of legislation to the President for 
his signature and we can all celebrate. Small businesses, our job 
creators, deserve no less.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Alabama.

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