Madam President, I rise to call up amendment No. 284, cosponsored by Senators Kerry and Rockefeller, which is at the desk and ask for its immediate consideration. I ask unanimous consent that the reading of the amendment be dispensed with.…
Madam President, I rise to call up amendment No. 284, cosponsored by Senators Kerry and Rockefeller, which is at the desk and ask for its immediate consideration.
I ask unanimous consent that the reading of the amendment be dispensed with.
Thank you, Madam President. I understand Senator Baucus is on his way from a meeting, and in the interim I will start off and recognize myself.
I offer this amendment on behalf of middle-class families and on behalf of small businesses. I support repealing the 1099 reporting requirement and have, in fact, voted no less than six times on this floor to repeal 1099 in this body. However, I strongly believe we must do so in a manner that does not increase the burden on our small businesses and their employees, and that is exactly what I fear H.R. 4 does.
The broad bipartisan support for 1099 repeal comes from the fact that it provides relief to small businesses, but the only problem with this version of the repeal is that while it provides relief on the one hand, it may very well take it away with the other. It repeals the 1099 reporting requirements but, at the same time, I am concerned it increases the health care burden on the very same people to whom we are seeking to provide relief.
Some have argued we have already used this very same offset before. We have. Therefore, there is no reason to be concerned now.
The difference is, however, H.R. 4 is very different than what we did 4 months ago, and it risks driving up health insurance costs and cutting health insurance coverage for small businesses and middle-class families. It increases tax penalties--tax penalties. As we approach April 15, I know we are all very tax sensitive. It increases tax penalties on middle-class families, leaving some with a potential tax burden of $10,000 or more.
How would most middle-class families deal with a tax bill of $10,000 or more just because their income may have increased $1 above the eligibility limit during the year for which they got a subsidy?
Some have also argued my amendment will block implementation of the 1099 repeal. That is just factually incorrect. It is an outright misstatement of the facts. My amendment simply directs the Secretary of Health and Human Services after--emphasize ``after''--the 1099 repeal passes into law to study the offset in H.R. 4 and determine its effect on small businesses. If the study finds the offset increases health care costs or decreases coverage for small businesses, then current law on the repayment remains in effect. If the study says, no, it didn't do any of those things, then there is no harm.
Let me be clear. We all want 1099 repeal. My amendment does not in any way affect the repeal of 1099. My colleagues can vote for this amendment and for H.R. 4 because this would repeal 1099. The only potential change my amendment makes would be to the risky offset in the underlying amendment, and only if the study finds that it hurts small businesses after the repeal has taken place.
My colleagues on the other side of the aisle are trying to frame this debate as either for or against small business, but they are, in my mind, both helping and harming them at the same time under H.R. 4. With this amendment, we can have not only the ability to help small businesses and repeal the 1099 provision, but we can also ensure that small businesses and their employees will not get hurt at the end of the day.
For those who may consider opposing my amendment, think of this: On the one hand, if you do not believe this offset will hurt small businesses and their employees, there is no harm in voting for it because you are saying the study will not show an impact and the offset will remain in place.
However, if you believe my amendment would have a revenue score, you are assuming that the offset hurts small businesses and their employees. Either option would argue for supporting my amendment. Either it has no impact, in which case there should be no problem supporting it, or it provides protections for small businesses and their workers, in which case you should want to support it.
I realize what I am concerned about is the harmful effect of this offset provision won't hit small businesses until 2015, and I know the voices for 1099 repeal are much louder than those against the payback tax. But I also know this is an issue that we will hear about when our constituents get those tax bills at that time, when this provision goes into effect and taxpayers get that first big $10,000, or more, surprise on their tax bill.
Do you want to be on the record as having given them the tax bill or do you want to be on the record as trying to have saved them from it and saved rising costs for small businesses in their health insurance? I think you want to be on the side of this amendment and having saved them from it.
In closing, I ask, why in the world--especially during these fragile economic times--would we want to do anything that could raise the costs on small businesses? That is why my amendment is supported by entities such as the Main Street Alliance, a probusiness organization; Families USA; the American Cancer Society; Cancer Action Network; Health Care for America Now, to mention a few.
With my amendment, we can protect those who earn a living making our Nation's small businesses run and repeal 1099 without delay. To me, that is the ultimate show of support for small business.
Madam President, I urge support of my amendment. I reserve the remainder of my time.
Mr. President, I know we often read that Democrats and Republicans cannot agree. Here is a news flash: We agree on repealing 1099. I have listened to my three distinguished colleagues spend a lot of their time talking about repeal of 1099. We absolutely agree. I have voted six times to do that. That is not an issue.
What is an issue, and my distinguished colleague from Nebraska--with whom I have worked with before in passing some important legislation, and I have a great deal of respect for him--talked about a victory for small business. I agree. But I want a total victory for small business, and a total victory for small business is not repealing 1099 and then giving them a bigger tax bill for their employees or raising the cost of insurance for that small business. A real victory is an opportunity to make sure we repeal 1099--my amendment clearly has 1099 repeal going forward--but then does a study that says if small businesses are going to face higher costs or their employees are going to face a $10,000 tax bill, then that part of it should not proceed.
If I am wrong, nothing will happen. The study will come. They will say: No, small business is not going to have an increase; no, taxpayers are not going get a surprise tax bill. Then the repeal will have already gone through and there is no foul, no harm. But if I am right, then voting against my amendment is voting for a tax bill for middle- class families, voting to increase insurance on small businesses.
The issue about going quickly to the President, first of all, is a priority. So if we pass this, this is not, as has been suggested, an alternative; it is just a single amendment to the existing bill on a provision that allows for the repeal to go through but makes sure small businesses and individuals do not get higher costs. That can go to the
House. The House can pass it and send it to the President--away we go; we do not have a problem. Helping small businesses by reducing their paperwork while at the same time driving up health care costs and forcing coverage cuts for small businesses is simply not good policy.
In all fairness, I did not hear voices rise up when this bill was being delayed over the last week by some of my Republican colleagues trying to get their amendments considered, and those amendments were extraneous to small business. So we either have a double standard here or a desperate attempt to defeat what I think is a good amendment.
The House could have taken up the amendment, H.R. 4, and passed it into law by now. So I think it is somewhat disingenuous to have an argument that says we can't afford one amendment to proceed on this bill when our colleagues, at the beginning of this Congress, made a big production about a full debate and an open amendment process on all things considered on the Senate floor, but when there is one amendment that is meant to protect taxpayers and small businesses, oh, no, that is going to create an inordinate delay, after we had well over a week of delays by Republican colleagues seeking extraneous amendments to a small business bill. Please.
Now, I love Senator Hatch's jalopy. I remember that movie, took my family to see it. But the worst jalopy would be taking away 1099 and then going ahead and giving small businesses higher costs and a higher tax bill for individuals. That is a real jalopy. That is a lemon.
So we have an opportunity to take away and undo and repeal the 1099. My amendment permits that to go forward but at the same time makes sure small businesses do not get hurt.
How will they get hurt? How may they get hurt? Well, a lot of States, for example, are considering whether to combine their small business and individual pools. For States that combine their pools, small businesses could see an increase in premium costs. The healthiest people with little to no health care costs will have the most flexibility to decide whether to purchase coverage, and they may simply pay the mandate penalty versus the potential for a $10,000 to $12,000 tax bill. With more healthy people opting out of buying insurance, the pool of people who ultimately enroll in the exchanges that would consist of, on average, less healthy individuals--that is going to push up the premiums for everybody else buying insurance in the exchanges, including small businesses and employees. That is only one example.
The other problem is, when you are facing your constituents, I hope you are ready to tell them that through no fault of their own--when they had a job, they lost their job, you know, 6 months into the year, and they face the fact that they are still over the amount, and now they are going to get a $10,000 tax bill or, on the contrary, they didn't have a job when they got the subsidy, and then they got a job in the middle of the year and they are a dollar over the amount, and they are going to face a $10,000 tax bill. Is that what we want to do, send that type of bill to families?
Finally, I appreciate hearing Senator Hatch say this is a downpayment on total repeal of the health care law. Well, you know, if we are going to do that, if that is what this is really all about, this is not helping small businesses. Helping small businesses means we repeal 1099 and don't increase their costs and don't send their employees a $10,000 or higher tax bill.
So this is about, in my mind, making sure there is a win-win for small businesses because if we want to repeal the health care law, then that is about making sure we go back to preexisting conditions where a husband who had a heart attack on the job can no longer get insurance; where a child born at birth with a defect cannot get insurance; where a woman was facing 150-percent higher premiums than a man simply because she was a woman; where, in fact, you couldn't keep your child, up to age 26, on your insurance as they are going through school; where, in fact, we could close the prescription drug coverage for seniors. If that is what we are talking about, that is a different subject, and we can have that debate. But this debate is about making sure we repeal 1099 and making sure small businesses do not get higher costs and their employees do not get a tax penalty. I think everybody should want to be for that. We can send it straight to the House. The House can pass this version and send it to the President. That is ultimately the opportunity here.
I urge my colleagues to support my amendment. That is why the Main Street Alliance, which also supports businesses, says: Our small business owners are very supportive of efforts to remove the imposition of the new 1099 reporting requirements. We cannot, however, accept a pay-for that undermines other important provisions of the law that helps small businesses and contains costs.
My amendment ensures that we do both--repeal 1099 and not put the burden on small businesses in terms of higher health insurance costs, and their employees. I urge passage of my amendment.
I yield the floor.
Mr. President, I am compelled to answer because now I hear about fraud and $25 billion. You cannot have it both ways. You cannot say this amendment costs money--what the Joint Committee on Taxation said is it could not determine a revenue score. And it is important to point out that this amendment does not spend an additional dime. And the only reason--the only reason--this amendment would have a revenue effect would be if the offset increases health insurance costs or cuts coverage for small businesses. Otherwise, there is no issue. So you can't have it both ways. Either
there is an admission that it is going to cost small businesses more, cost taxpayers more, or it is not. That is No. 1.
No. 2, this is not about fraud. This is not about someone seeking something they did not have the right to receive. Fraud is individuals who are deliberately underreporting their income or fraudulently trying to get extra support. That is not what we do. Those enforcement provisions in the law to combat fraud and abuse are untouched by my amendment. This is simply about someone who honestly got a subsidy. And we have a provision in the law that deals with how they pay back, but it doesn't throw them over the cliff and send them a surprise $10,000 tax bill. So that is simply not exactly quite the same thing.
Yes, the doc fix--we did use a provision to deal with the SGR with the doc fix, but we did not put small businesses and families at harm, as H.R. 4 does.
So the reality is that this amendment permits repeal to move forward. After the repeal, a study is done. If there is no harm, if it supposedly does not cost small businesses any more money, does not drive up insurance costs, does not cost the taxpayer maybe $10,000 or $12,000, fine. But if it does, then we would ultimately not have that harm come upon small businesses, come upon individual taxpayers with a surprise bill. And we could, of course, if that is the end result, which we don't know--that is why the Joint Tax Committee could not come up with a determination. We will not know until the study is done. Instead of having a risky venture, let's have the actual facts. Repeal will have gone through. We can protect small businesses and those taxpayers, and, if necessary, we can find a different offset. If they are wrong and I am right, that this concern about taxpayers getting a surprise bill and small businesses having greater insurance costs is true, then we will protect them and we can look for a different offset at the time. Repeal will have taken place no matter what.
Why would you not want to protect small businesses and taxpayers from getting a surprise bill? That is all my amendment does, and that is why I urge its passage.