Full Committee Vote on Committee Prints: Proposed Matters for Inclusion in Reconciliation Recommendations, the Gasoline Regulations Act of 2012, and the Strategic Energy Production Act of 2012

Tuesday, April 24, 2012 - 4:00pm and Wednesday, April 25, 2012 - 10:00am
Energy and Commerce
2322 Rayburn / 2123 Rayburn
Background Documents and Information: 

Markup Notice

Background Memo

Committee Prints: Proposed Matters for Inclusion in Reconciliation Recommendations (Title I; Title II; Title III);

H.R. 4471, the Gasoline Regulations Act of 2012

H.R. 4480, the Strategic Energy Production Act of 2012

Opening Statements: 

Energy and Commerce Committee Chairman Fred Upton

Amendments & Votes: 

Title I

Author Description and Link to Text Outcome Vote
Pallone Pallone (State Exchange Grants): Section 101 shall not apply to a state award is a Governor certified that the State prefers not to have a federal exchange and wants to establish and operate such an Exchange.  Failed 16-28
Gonzales Gonzales (State Exchange Grants): Section 101 shall not apply to awards for the Small Business Health Options Program. Failed 20-30
Eshoo Eshoo (State Exchange Grants): Section 101 shall not apply for a state award for the use of certifying health plans as qualified health plan which satisfy applicable requirements for not having lifetime or annual limits. Failed 21-30
Schakowsky Section 101 shall not apply to awards for corrective actions related to rate review. Failed 18-33
Capps Section 102 shall not take effect until Healthy People 2020 goals have been met. Failed 22-30
Matsui Section 102 shall not take effect until the date that the health objectives in Healthy People 2020 relating to older adults have been met. Failed 22-30
Schakowsky Schakowsky (Prevention Slush Fund): Section 102 shall not apply to programs to provide breast cancer, cervical screenings, and other preventive health services for women. Failed 22-30

Title I was agreed to by a vote of 30 yeas to 22 nays.

Transmitting Title I to the Budget Committee was agreed to by a voice vote.

Title II

Author Description and Link to Text Outcome Vote
Sarbanes The Sarbanes amendment was a second degree amendment to the Barton amendment that would have continued the performance bonus payments program beyond its CHIPRA statutory expiration by allowing for the redirection of CHIP funds from the allocations and contingency fund to the performance bonus payments after FY2013. Failed 18-30
Barton Rescinds the performance bonus payments to states that were created in the Children’s Health Insurance Reauthorization Act of 2009 (CHIPRA). These bonus payments are awarded to states that increase their Medicaid enrollment above a defined baseline from the prior year and loosen eligibility review procedures. Adopted 30-21
Christensen This amendment would strike Section 204 of Title II (Medicaid), which returns Medicaid funding levels for the U.S. territories to pre-PPACA and pre-ARRA levels. Failed 21-30
Pallone This amendment would amend Section 201 of Title II (Medicaid) by carving out nursing facilities from the new 5.5% tax threshold. Failed 21-29
Engel This amendment would strike Section 202 of Title II (Medicaid), which rebases the state DSH allotments for Fiscal Year 2022. Failed 21-30
Baldwin This amendment would strike Section 203 of Title II (Medicaid), which repeals the Obamacare Maintenance of Effort (MOE). Failed 21-30
Markey This amendment would amend Section 203 of the Medicaid Committee Print by preventing the repeal of the Maintenance of Effort (MOE) until the Secretary of HHS can certify that disabled children or dual-eligibles are not affected by its repeal. Failed 21-30
Baldwin Requires government negation of Part-D prescription drug prices. Non-Germane  

Title II was favorably reported by a roll call vote of 30 yeas to 20 nays.

Title II was favorably transmitted to the Budget Committee by a voice vote.

Title III

Author Description and Link to Text Outcome Vote
Baldwin This amendment states that H.R. 5 does not preempt any state law pertaining to medical malpractice or medical product liability case. Failed 22-29
Barrow This amendment states that the provision does not preempt or supersede any state constitution including provisions construed by state case law. Failed 22-29
Castor This amendment would not apply the common sense liability reforms to causes of action arising out of Obamacare for services related to women’s preventative health services. Although the health care law ignored medical liability reform supporters claimed the bill would not give rise to more litigation. Failed 20-31

Title III was favorably reported by a roll call vote of 29 yeas to 22 nays.

Title III was favorably transmitted to the Budget Committee by a voice vote.

Congressional Session: 
112th