S.Amdt. 430Senate115th Congress (2017-2019)2nd degree
S.Amdt. 430
Sponsored by
Sen. James Lankford (R-OK)
Submitted July 27, 2017
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Senate amendment submitted
July 27, 2017
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SA 430. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to provide for reconciliation pursuant to title II of the concurrent resolution on the budget for fiscal year 2017; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. FINDINGS; SENSE OF THE SENATE. (a) Findings.--The Senate finds as follows: (1) Obamacare's employer mandate has had a devastating impact on the job market in the United States since it took effect in its earliest form in 2015 . Small businesses and the jobs they create have been stifled by the punishing consequences of this government mandate. (2) Under Obamacare, the employer mandate generally imposes a tax penalty on employers if they have 50 or more full-time equivalent employees and do not offer health insurance that meets all of the standards under the law. (3) In 2015, the Congressional Budget Office (referred to in this section as ``CBO'') found that these penalties are being passed on to employees in the form of reduced wages. In 2016, these reduced wages equaled $2,160 per employee according to CBO's estimates. This means that any company that ignored the employer mandate in 2016 is likely to face fines of over $2,000 per employee in 2017. (4) CBO expects that, by 2025, the amount of reduced wages per worker will balloon to $3,500. (5) In addition, CBO projects that wages are being even further reduced because companies cannot deduct the penalty as an expense, on account of Obamacare. To compensate for paying business taxes on higher accounting profits, companies are being [[Page S4456]] forced to reduce wages by more than the amount of the penalty payments. (6) CBO estimates that the penalty represents a 7 percent increase in the tax rate of employees at firms that are subject to the employer mandate penalty. (7) In addition, Obamacare's employer mandate requires that all businesses with at least 50 full-time equivalents provide their full-time workers with health insurance coverage that satisfies the law's requirements. Employers who fail to offer coverage that satisfies the employer mandate are subject to the penalties. (8) In 2015, CBO found that defining full-time employment as a 40-hour week rather than a 30-hour week would alleviate $45,000,000,000 in tax penalties on employers over the following decade. (9) The employer mandate penalty creates incentives for businesses to reduce their hiring or shift their workforce toward part-time jobs. (10) These stark realities are playing out all across the country as businesses are now well into year 2 of mandatory compliance with this onerous mandate and its negative effect on jobs. (b) Sense of the Senate.--It is the sense of the Senate that the committee of jurisdiction of the Senate should review-- (1) the economic impact that Obamacare's employer mandate and redefinition of full-time employment as a 30-hour work week has had on businesses, employee wages, and the job market as a whole; and (2) the effect on the job market, if Congress were to enact policy to restore the 40-hour work week definition, and eliminate the current 30-hour definition that is purely arbitrary and serves as a damaging barrier to more hours and better pay for American workers. ______