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On November 29, the Senate failed to gain the necessary votes on two amendments offered to S. 510, the FDA Food Safety Modernization Act, that would have repealed expanded Form 1099 reporting requirements included in health care reform legislation.

The defeated amendment offered by Senate Finance Committee Chair Max Baucus (D-MT) would have repealed the expanded information requirements carried in Sec. 9006 of the Patient Protection and Affordable Care Act; the amendment did not include an offset for the cost of repealing Sec. 9006 of the Affordable Care Act.  The defeated amendment offered by Senator Mike Johanns (R-NE) would have repealed Sec. 9006 of the Patient Protection and Affordable Care Act, but would have offset the cost with a decrease in non-defense spending.  The Johanns amendment, with a vote of 61-35, failed to achieve the two thirds majority of 67 votes needed to pass.

The many Congressional opponents of the expanded Form 1099 information reporting requirements doubtless will try again to do away with Sec. 9006 of the Affordable Care Act.  Senator Max Baucus said in a statement following the November 29 vote that he will continue working to repeal the requirements.  "Small business owners voiced legitimate concerns that these requirements would be burdensome, and the Senate should act in response to those concerns.  I am disappointed that we weren't able to repeal these requirements today, but intend to keep working until we do," he said.  "Our bill will allow small business owners to direct their focus onto job creation and growth rather than paperwork."

Senate Finance Committee ranking member Charles Grassley (R-Iowa) affirmed November 30 that Democrats and Republicans are back at the negotiating table with an expectation that a fix is still possible before year end once an appropriate legislative vehicle is found to tie the measure to the next time it's brought up.

Source:  RIA Newsstand 12/1/2010

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