Providing For Consideration Of H.R. 3962, Affordable Health Care For America Act, And Providing For Consideration Of H.R. 3961, Medicare Physician Payment Reform Act Of 2009

Floor Speech

Date: Nov. 7, 2009
Location: Washington, DC

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Mr. SESSIONS. Parliamentary inquiry.
The SPEAKER pro tempore. Objection was heard. The gentleman from Texas will state his parliamentary inquiry.

Mr. SESSIONS. The question is, could the Speaker please advise us of the time that is being consumed. Does it come off the time that would be allowed in the rule for debate by the gentlewoman from New York?

The SPEAKER pro tempore. A Member asking to insert remarks into the Record may include a simple declaration of sentiment toward the question under debate but should not embellish the request with extended oratory.

The gentlewoman from New York is recognized.

Ms. SLAUGHTER. Mr. Speaker, I am pleased to yield to the gentlewoman from California (Ms. Woolsey) for a unanimous consent request.

Ms. WOOLSEY. Mr. Speaker, I ask unanimous consent to revise and extend my remarks in support of this bill because it will make health care affordable for women who still earn 77 percent less than men.

Mr. SESSIONS. Mr. Speaker, I reserve the right to object.

The SPEAKER pro tempore. The Chair recognizes the gentleman from Texas on his reservation.

Mr. SESSIONS. Mr. Speaker, I believe that what is occurring is that the facts of the case are that this has gone beyond the rules of the House in the presentation, and I object and would ask for regular order.

The SPEAKER pro tempore. The gentleman from Texas has objected.

The gentlewoman from New York continues to be recognized.

Ms. SLAUGHTER. I am pleased to yield to the gentlewoman from Hawaii (Ms. Hirono) for a unanimous consent request.

Ms. HIRONO. Mr. Speaker, I ask unanimous consent to revise and extend my remarks because the women in my district cannot wait any longer for meaningful health care reform.

Mr. SESSIONS. Mr. Speaker, I reserve the right to object.

The SPEAKER pro tempore. The gentleman from Texas is recognized on his reservation.

Mr. SESSIONS. Mr. Speaker, I believe what is occurring now is not only opposed to the House rules but is containing further comment, which was not allowed in the rule nor in the general provisions of the House.

The SPEAKER pro tempore. The Chair will restate the ruling that the Chair made earlier.

A Member asking to insert remarks may include a simple declaration of sentiment towards the question under debate but should not embellish the request with extended oratory.

The Chair has heard nothing which contravenes that, and the Chair makes the statement to my good friend that we will continue as we have in allowing each Member----

Mr. SESSIONS. Mr. Speaker, parliamentary inquiry.

The SPEAKER pro tempore. The gentleman is out of order. The Chair is busy ruling.

Mr. SESSIONS. Could the Speaker please advise me about the time that is presently being consumed?

The SPEAKER pro tempore. The gentleman will suspend.

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Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, we are here on the floor today to debate the government takeover of health care in America. We understand that this bill is about a massive tax increase, $740 billion. We understand it is about deep Medicare cuts, some $430 billion. We also understand that millions of jobs will be lost and that mandates for purchasing insurance will cost an incredible $1.2 trillion, and there will be 118 new Federal bureaucracies created by this legislation.

The gentleman from Massachusetts came down and talked about the evil insurance companies. Well, the fact of the matter is that the largest six insurance companies in this country made about $6 billion 2 years ago, but the Federal Government in their mismanagement lost $90 billion. Mr. Speaker, we know who can best take care of the health care for our country.

For the past 5 months, the American people have called out, written and taken part in town hall meetings, calling the Capitol and their Members of Congress to express their outrage to the Democrat health care proposal. But here we are today. Month after month, this country has bled jobs. We are now at a record 10.2 percent unemployment rate, and over 15 million Americans are currently unemployed. And what do we do? We stick it to them again.

Mr. Speaker, last night I offered an amendment in the Rules Committee that would have prohibited any provisions of this bill to take place if the Office of Management and Budget, working with the Department of Labor, found that this bill would result in 4 million jobs or more being lost, but my Democrat opponents defeated that. That means that they really could care less how many jobs are lost in America as a result of this legislation. They want a government-controlled and -run health care system.

Chairman Rangel, the chairman of the Ways and Means Committee, was up before Rules last night. He admitted to the Rules Committee that he had not asked the CBO or any other independent source for employment implications of this bill. Yet Republicans, using the same economic forecasts and economic models that the White House uses, we find that there would be between 4 and 5 million free enterprise-system jobs that would be lost.

During a time of recession where every single American is trying to make ends meet, what do we find? We find $730 billion in new taxes that are on this bill. Taxes on small businesses, taxes on health savings accounts, and the worst part is is that this will surely lead to a double dip in the recession. This is a problem not only for employers, but it will be a problem for people who want to find jobs.

Mr. Speaker, this is a hard mandate on business, and it means that the free enterprise system will simply not employ more Americans. We're concerned about this. We Republicans are on the floor today, and we're going to stand and say ``no'' to what is happening.

Mr. Speaker, the bottom line is that this legislation for health care will do about for health care what the stimulus did for jobs, the diminishment of employment in America.

I reserve the balance of my time.

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Mr. SESSIONS. Mr. Speaker, I appreciate the gentlewoman's story. The other side of the story is that it will be $730 billion worth of taxes, that we will have a health care system where you will not be able to choose your own physician, where you will have to call someone to then find out which doctor you go to, and perhaps worst of all, the gentlewoman also needs to know--because we heard in the Rules Committee last night--if you willingly make the decision that you do not want to participate and you do not pay the tax to the IRS, there is a penalty and a fine that is a criminal penalty of up to 5 years in prison and up to a $250,000 fine. That is not freedom.

Criminalizing this issue is a bad way. Mr. Speaker, the Democrats have it on the floor today. It is not in the Senate bill. It is in this bill. So to glorify this bill which has criminal felony penalties is a difficult way to have enforcement.

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Mr. SESSIONS. Mr. Speaker, I know that Republicans in our districts are also telling seniors and other people that there will be a $730 billion tax increase to pay for this massive government takeover of health care.

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Mr. SESSIONS. Mr. Speaker, the gentleman from Arizona is correct. This bill is as much about health care as the stimulus package was about jobs. It is to bust the free enterprise system and for all of the control of health care to go to the Federal Government. I get it, and I assure you, the American people get it, also. And we will give our friends, the Democrats, all of the credit for what they are doing.

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Mr. SESSIONS. Mr. Speaker, the Rules Committee did a great job; they held a 12-hour meeting yesterday.

I would like to say to the American people that everybody understands what's in this bill, they have a chance. No unintended consequences with this. Republicans have laid out what we believe will happen.

Mr. Speaker, lots of groups around the country also know what would happen, and I would like to insert into the Record the list of people who would say vote ``no'' on this bill. They are business organizations all across this country.

H.R. 3962--The Affordable Health Care for America Act

GROUPS KEY VOTING ``NO''

American Bakers Association; American Conservative Union; American Council of Engineering Companies; American Hotel and Lodging Association; American Rental Association; Americans for Tax Reform (Double Rating); Associated Builders and Contractors, Inc (ABC); Associated Equipment Distributors; Associated General Contractors of America; Automotive Recyclers Association; Brick Industry Association; Club for Growth; Concerned Women for America; Council for Citizens Against Government Waste; Family Research Council; FreedomWorks.

Independent Electrical Contractors; International Foodservice Distributors Association; International Franchise Association; National Association of Manufacturers; National Association of Wholesaler-Distributors; National Federation of Independent Business (NFIB); National Lumber and Building Material Dealers Association; National Ready Mix Concrete Association; National Retail Federation; National Taxpayers Union; North American Die Casting Association; Printing Industries of America; Small Business & Entrepreneurship Council; U.S. Chamber of Commerce.

GROUPS OPPOSING H.R. 3962

Aeronautical Repair Station Association; Air Conditioning Contractors of America; American Academy of Facial Plastic and Reconstructive Surgery; American Apparel & Footwear Association; American Architectural Manufacturers Association; American Association of Neurological Surgeons; American Benefits Council; American Center for Law and Justice; American Electric Power; American Family Insurance; American Farm Bureau Federation; American Foundry Society; American International Automobile Dealer Association (AIDA); American Petroleum Institute; American Society of General

Surgeons; American Staffing Association; American Veterinary Medical Association; American Wire Producers Association; America's Health Insurance Plans (AHIP); AMT--The Association For Manufacturing Technology; Arizona-New Mexico Cable Communications Association; Arkansas Medical Society; Association of Ship Brokers and Agents.

Association of Washington Business; AT&T; Automotive Aftermarket Industry Association; Best Buy Co., Inc.; Blue Cross Blue Shield; Blue Cross Blue Shield of North Dakota; Bowling Proprietors' Association of America; Business Roundtable; Caterpillar, Inc.; CIGNA; Congress of Neurological Surgeons; Corporate Health Care Coalition; Deere & Company; Eastman Kodak Company; Electronic Security Association (ESA); Florida Chamber of Commerce; Florida Medical Association; Food Marketing Institute; Goodrich Corporation; Heating, Air-conditioning & Refrigeration Distributors International; HR Policy Association; HSBC North America; Illinois State Medical Society; Independent Insurance Agents & Brokers of America.

Independent Office Products & Furniture Dealers Association; Indiana Chamber of Commerce; Indiana Manufacturers Association; International Association of Refrigerated Warehouses; International Housewares Association; International Sleep Products Association; Kansas Medical Society; Land O'Lakes, Inc.; Maine Chamber of Commerce; Marathon Oil Corporation; Marine Retailers Association of America; MeadWestvaco Corporation; Medical Association of Georgia; Medical Society of Delaware; Medical Society of New Jersey; Medical Society of the District of Columbia; Minnesota Chamber of Commerce; Missouri Chamber of Commerce and Industry; Motor & Equipment Manufacturers Association; NAMM, International Music Products Association.

National Association of Convenience Stores (NACS); National Association of Health Underwriters; National Association of Mortgage Brokers; National Association of Theatre Owners; National Automobile Dealers Association; National Business Group on Health; National Club Association; National Coalition on Benefits (440 Associations and Companies); National Council of Chain Restaurants; National Funeral Directors Association; National Grocers Association; National Newspaper Association; National Roofing Contractors Association; National Rural Electric Cooperative Association; National Teachers Associates Life Insurance Company; National Tooling Machining Association; National Utility Contractors Association; North Carolina Chamber; North Dakota Chamber of Commerce; Northeastern Retail Lumber Association.

Nursery and Landscape Association; Ohio Chamber of Commerce; Ohio State Medical Association; Pennsylvania Chamber of Business and Industry; Pharmaceutical Research and Manufacturers of America (PhRMA); Plumbing-Heating-Cooling Contractors Association; Precision Machined Products Association; Precision Metalforming Association; Professional Golfers Association of America; Republican Jewish Coalition; Retail Industry Leaders Association (RILA); Self-Insurance Institute of America (SIIA); Small Business Coalition for Affordable Health Care; Society for Human Resource Management; Society of American Florists; Society of Chemical Manufacturers & Affiliates; South Carolina Chamber of Commerce; South Carolina Medical Association; Specialty Equipment Market Association (SEMA); SPI: The Plastics Industry Trade Association.

Tennessee Chamber of Commerce & Industry; Texas Association of Business; The Black & Decker Corporation; The Business Coalition for Fair Competition; The Business Council of New York State, Inc.; The Dow Chemical Company; The ERISA Industry Committee; The Louisiana State Medical Society; The Medical Association of the State of Alabama; Tire Industry Association; Triological Society; Tyco International; UAM Action Network; United Parcel Service, Inc.; United States Steel Corporation; Universal Health Network; Utah Manufacturers Association; Verizon Communications; Virginia Chamber of Commerce; Wedding & Event Videographers Association International; WellPoint, Inc.; Western Growers Association Wisconsin Manufacturers & Commerce; Wood Machinery Manufacturers of America (WMMA); Xerox Corporation.

Mr. Speaker, we understand $732.5 billion worth of tax increases. Once again, let's get this right. No unintended consequences here. This is a job killer.

I will insert into the Record a list of the tax increases that are proposed in this bill.

Top Ten Tax Increases Included in H.R. 3962
(As scheduled for consideration on the House Floor on November 7, 2009)

1. Small business surtax (Sec. 551, p. 336): $460.5 billion.

2. Employer Mandate tax* (Secs. 511-512, p. 308): $135.0 billion.

3. Individual Mandate tax* (Sec. 501, p. 296): $33.0 billion.

4. Medical device tax* (Sec. 552, p. 339): $20.0 billion.

5. $2,500 Annual cap on FSAs* (Sec. 532, p. 325): $13.3 billion,

6. Prohibition on pre-tax purchases of over-the-counter drugs through HSAs, FSAs, and HRAs* (Sec. 531, p. 324): $5.0 billion.

7. Tax on health insurance policies to fund comparative effectiveness research trust fund* (Sec. 1802, p. 1162): $2.0 billion.

8. 20% Penalty on certain HSA distributions* (Sec. 533, p. 326): $1.3 billion.

9. Other tax hikes and increased compliance costs on U.S. job creators: $60.2 billion.

IRS reporting on payments to certain businesses (Sec. 553, p. 344): $17.1 Billion.

Repeal implementation of worldwide interest allocation rules (Sec. 554, p. 345): $6.0 billion.

Cellulosic Biofuel Credit/deny eligibility for ``black liquor'' (New Sec. 555, inserted on p. 346): $23.9 billion.

Override U.S. treaties on certain payments by ``insourcing'' businesses (Sec. 561, p. 346): $7.5 billion.

Codify economic substance doctrine and impose penalties (Sec. 562, p. 349): $5.7 billion.

10. Other revenue-raising provisions: $2.2 billion.

Total tax increases: $732.5 billion.

* = Violates President Obama's pledge to avoid tax increases on Americans earning less than $250,000.

Mr. Speaker, also, last night at the Rules Committee we found out--which is very devastating and I believe unwise--the Senate does not have this provision. They removed it. But the House keeps in this bill the failure to comply with individual mandates in this bill could lead to a $250,000 fine and 5 years in jail, criminal penalties that are a felony if you willingly choose not to participate, if you willingly choose then not to pay the fine in your taxes. Mr. Speaker, what we are going to do is criminalize Americans who choose not to join in this government-run health care system.

There are not unintended consequences. The Members need to know that this is going to raise premiums, it is going to raise taxes, and perhaps worst of all, we are going to criminalize with felony penalties noncompliance. Mr. Speaker, this is not a way to run a bill.

Mr. Speaker, I reserve the balance of my time.

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