[Congressional Record Volume 158, Number 85 (Thursday, June 7, 2012)]
[House]
[Pages H3615-H3618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HEALTH CARE COST REDUCTION ACT OF 2012
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 436) to amend the Internal Revenue Code
of 1986 to repeal the excise tax on medical devices will now resume.
The Clerk read the title of the bill.
Motion to Recommit
Mr. BISHOP of New York. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. BISHOP of New York. I am in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
[[Page H3616]]
The Clerk read as follows:
Mr. Bishop of New York moves to recommit the bill H.R. 436
to the Committee on Ways and Means with instructions to
report the same back to the House forthwith with the
following amendment:
Page 1, after line 8, insert the following:
(b) Prohibiting Tax Benefits for Companies That Outsource
American Jobs.--
(1) In general.--The amendment made by subsection (a) shall
not apply to any sale of a taxable medical device by the
manufacturer, producer, or importer which outsourced American
jobs during the testing period with respect to such sale.
(2) Determination of outsourced american jobs.--For
purposes of paragraph (1), American jobs are outsourced by a
manufacturer, producer, or importer, as the case may be,
during a testing period if the manufacturer, producer, or
importer has fewer full-time equivalent employees in the
United States on the last day of the testing period as
compared to the first day of the testing period and has an
increase in the full-time equivalent employees outside the
United States on the last day of the testing period as
compared to the first day of the testing period.
(3) Definitions and special rules.--For purposes of this
subsection--
(A) Testing period.--The testing period with respect to a
sale is the calendar year in which the date of sale occurs.
(B) Employees outside the united states.--An employee shall
be treated as employed by the employer outside the United
States whether employed directly or indirectly through a
controlled foreign corporation (as defined in section 957) or
a pass-through entity in which the taxpayer holds at least 50
percent of the capital or profits interest.
(C) Exception for employees separated voluntarily or for
cause.--The number of full-time equivalent employees shall be
determined without regard to any employee separated from
employment voluntarily or for cause.
(4) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary or
appropriate to carry out this subsection, including
regulations or guidance on employer aggregation, mergers and
acquisitions, and dispositions of an employer and rules
regarding the payment date for taxes owed if the offshoring
occurs after the date of a sale.
Page 1, line 9, strike ``(b)'' and insert ``(c)''.
Page 2, line 1, strike ``(c)'' and insert ``(d)''.
Mr. BISHOP of New York (during the reading). Mr. Speaker, I ask
unanimous consent to waive the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
Mr. PAUL. Mr. Speaker, I object.
The SPEAKER pro tempore. Objection is heard.
The Clerk will read.
The Clerk continued to read.
Mr. PAULSEN. Mr. Speaker, I reserve a point of order against the
motion to recommit.
The SPEAKER pro tempore. A point of order is reserved.
The gentleman from New York is recognized for 5 minutes.
Mr. BISHOP of New York. Mr. Speaker, this is the final and only
amendment any Member has been given the opportunity to offer to this
bill. It will not kill the bill or send it back to committee. If
adopted, H.R. 436 will immediately proceed to final passage as amended.
The amendment I offer is a simple, commonsense effort to discourage
American employers from outsourcing American jobs. It conditions the
repeal of the medical device tax on an employer keeping jobs in the
United States. If a device manufacturer sends jobs overseas during a
calendar year, then the repeal of the tax does not apply to that
manufacturer for that year.
Both Democrats and Republicans want to create conditions that get
American families back to work; both Democrats and Republicans agree
that the Tax Code should discourage employers from shipping jobs
overseas; and both Democrats and Republicans want American families to
prosper and have the opportunity to achieve limitless possibilities.
But we have different approaches to achieving that goal. While we have
different approaches, I think all reasonable people can agree that the
ultimate job destroyer is outsourcing.
I listened very carefully to the debate that took place on the
underlying bill. Virtually every speaker on the Republican side of the
aisle mentioned jobs, mentioned employment, mentioned job-killing
regulations, job-killing taxes. I think the best way to kill a job
isn't a regulation and it isn't a tax. The best way to kill a job and
to kill American opportunity is to have that job done by someone
overseas instead of by an American simply because it's cheaper to have
that job done overseas.
This is an issue that weighs heavily on the minds of our
constituents. A 2009 Harvard study found that half of all Americans are
resentful of businesses that send jobs overseas, and over 80 percent
have concern for their family's future due to outsourcing. No American
should be fearful that their job will be shipped overseas, and this
Congress should end those policies that provoke this anxiety.
The Tax Code still gives incentives to employers who create jobs in
foreign countries rather than here at home. Our Republican colleagues
rail against foreign aid, but isn't providing another country a job
that an American could do the ultimate example of foreign aid?
I doubt we'll be able to eliminate outsourcing, but with this
amendment, this Congress can discourage it. Adopting this amendment is
our first step towards reforming our tax system in a way that benefits
American businesses and American workers. Every time a U.S. business
moves operations overseas, we lose opportunity, we lose economic
growth, we lose competitiveness, and we lose desperately needed revenue
necessary to reduce the deficit.
This bill was considered under a closed rule, so Republicans can't
justify their opposition with the usual claim that Democrats are trying
to subvert an open amendment process. An open amendment process simply
didn't exist for this bill. This time there is no hiding: Either you
support American jobs for Americans or you don't.
I urge all Members to support this amendment and to protect American
jobs.
I yield back the balance of my time.
Mr. PAULSEN. Mr. Speaker, I withdraw my point of order and seek time
in opposition.
The SPEAKER pro tempore. The gentleman withdraws his point of order.
The gentleman from Minnesota is recognized for 5 minutes.
Mr. PAULSEN. Mr. Speaker, this motion is nothing more than a
distraction from the real issue, and that is stopping a massive, job-
killing tax increase from taking place on the medical device industry.
The legislation before us today is a bipartisan initiative to repeal
that tax and make health care more affordable for all Americans.
House Republicans want to reduce health care costs and make coverage
more affordable for families who are struggling. Democrats clearly
rammed through a one-size-fits-all health care law that has made health
care more expensive, and now they're back at it again attempting to
thwart efforts to bring down health care costs.
This is about saving American jobs. This industry is one of America's
best success stories that accounts for about 423,000 jobs across the
country. It's made up of America's best innovators, entrepreneurs,
engineers, doctors, and risk-takers who are improving and saving lives.
This will all change, Mr. Speaker, unless we stop this tax, a $29
billion tax in just a little over 6 months that will cost this industry
over tens of thousands of jobs, according to studies.
There's also two other important provisions that are in this
legislation, Mr. Speaker. First of all, Congresswoman Jenkins'
legislation that ensures that all families with an FSA or an HSA
account can use their own health care dollars for their own health care
needs for simple, over-the-counter medications without having to go to
a doctor for a prescription. And we've also got Congressman Boustany's
legislation, which will allow flexible spending account participants to
withdraw their own unused, hard-earned dollars at the end of the year.
{time} 1630
Mr. Speaker, this legislation has 240 coauthors. It's bipartisanly
supported. I urge rejection of the motion to recommit and support of
the underlying legislation.
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.
[[Page H3617]]
Mr. BISHOP of New York. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were 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--yeas 179,
nays 239, not voting 13, as follows:
[Roll No. 360]
YEAS--179
Ackerman
Altmire
Andrews
Baca
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Doyle
Duncan (TN)
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kildee
Kind
Kissell
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)
Pelosi
Perlmutter
Peters
Peterson
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
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
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NAYS--239
Adams
Aderholt
Alexander
Amash
Amodei
Austria
Bachmann
Bachus
Barletta
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coffman (CO)
Cole
Conaway
Cooper
Cravaack
Crawford
Crenshaw
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Donnelly (IN)
Dreier
Duffy
Duncan (SC)
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)
Grimm
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
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Pence
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--13
Akin
Baldwin
Bass (CA)
Bilirakis
Coble
Filner
Hastings (FL)
Kucinich
Lewis (CA)
Marino
Paul
Shuler
Slaughter
{time} 1656
Messrs. HUNTER, SHIMKUS, and SCHOCK changed their vote from ``yea''
to ``nay.''
Mr. CARNEY and Mr. DAVIS of Illinois changed their vote from ``nay''
to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. FILNER. Mr. Speaker, on rollcall 360, I was away from the Capitol
due to prior commitments to my constituents. Had I been present, I
would have voted ``yea.''
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.
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 270,
nays 146, not voting 15, as follows:
[Roll No. 361]
YEAS--270
Adams
Aderholt
Alexander
Altmire
Amash
Amodei
Austria
Bachmann
Bachus
Barletta
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bishop (GA)
Bishop (NY)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boswell
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Cardoza
Carter
Cassidy
Chabot
Chaffetz
Chandler
Coffman (CO)
Cole
Conaway
Costa
Cravaack
Crawford
Crenshaw
Critz
Cuellar
Culberson
Davis (CA)
Davis (KY)
DeFazio
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Donnelly (IN)
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellison
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Higgins
Hochul
Holden
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Keating
Kelly
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lipinski
LoBiondo
Loebsack
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Matheson
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Paulsen
Pearce
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schock
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Sewell
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Speier
Stearns
Stivers
Stutzman
Sullivan
Sutton
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Tonko
Tsongas
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Walz (MN)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
[[Page H3618]]
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NAYS--146
Ackerman
Andrews
Baca
Becerra
Berkley
Berman
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Carnahan
Carney
Carson (IN)
Castor (FL)
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costello
Courtney
Crowley
Cummings
Davis (IL)
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Doyle
Edwards
Engel
Eshoo
Farr
Fattah
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Heinrich
Himes
Hinchey
Hinojosa
Hirono
Holt
Honda
Hoyer
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Kildee
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McDermott
McGovern
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Pallone
Pascrell
Pastor (AZ)
Pelosi
Perlmutter
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sherman
Sires
Smith (WA)
Stark
Thompson (CA)
Thompson (MS)
Tierney
Towns
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NOT VOTING--15
Akin
Baldwin
Bass (CA)
Bilirakis
Coble
Filner
Gohmert
Hastings (FL)
Kucinich
Lewis (CA)
Marino
Paul
Schmidt
Shuler
Slaughter
{time} 1704
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 against:
Mr. FILNER. Mr. Speaker, on rollcall No. 361, I was away from the
Capitol due to prior commitments to my constituents. Had I been
present, I would have voted ``no.''
Mr. AKIN. Mr. Speaker, on rollcall No. 360 and 361, I was delayed and
unable to vote. Had I been present I would have voted ``no'' on
rollcall No. 360 and ``aye'' on rollcall No. 361.
____________________