Pete Sessions

Mr. SESSIONS

Mr. SESSIONS. I appreciate the gentleman engaging me. An announcement has been made, Mr. Speaker, that the Rules Committee will be in this afternoon to do just that. I thank the gentleman

Mr. SESSIONS. Mr. Speaker, I yield 1 minute to the gentleman from Houston, Texas (Mr. Culberson).

Mr. SESSIONS. I thank the gentleman for yielding. It is a meeting all Republican Members are attending, and we are meeting together and speaking. We will be up in the Rules Committee this afternoon.

Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume. I appreciate the gentlewoman's arguments that she makes on the floor, but the facts of the case are the facts of the case. ObamaCare took $716 billion out of Medicare to fund ObamaCare. Secondly, since ObamaCare was passed, there have been seven part-time jobs added for every one new full-time job added. We cannot pay for this bill. It is nonsustaining, and it's harming America and its future. That's why Republicans are here, gathering in strength and in numbers with resolve again today. I reserve the balance of my time.

Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume. There's a lot of words that are coming out of my friends' mouths about a secret meeting, about things that are happening, like they can't figure it out. Mr. Speaker, right behind me are going to be 230 strong Republican Members of Congress who were in a meeting where we, with great resolve, saw the future of this country. They saw it not only the same way, but we're going to do our job. I think the height of irresponsibility is any of these two bodies sending their Members home. Speaker John Boehner has the Republican Members of Congress who are here, ready, willing, and able to vote. And you're right, you did hear these Members gathering together with excitement about helping our future, helping the American people. That's why we're here today. We're proud to be Republicans. We're proud to be Americans, one Nation under God. I reserve the balance of my time.

Mr. SESSIONS. Mr. Speaker, we have our Republican majority Members here ready, willing, and able not just to do the work of the American people, but to do the things that will make sense about our future for the next generation of Americans. I am through with any speakers that we now have and would reserve the balance of my time for the gentleman to close and use his time as he chooses.

Mr. SESSIONS. Mr. Speaker, thank you very much. In fact, I will confine my remarks to you, Mr. Speaker, because we appreciate your great service. We also know that you represent John Boehner, our great Speaker, who has Republican Members here today to do the business of the American people. We are not a body that cuts and runs; we're a body that stays here and gets our work done. Mr. Speaker, I yield myself the balance of my time. The gentleman from Massachusetts asked and made a point about same- day rules. In fact, Democrats in the 110th Congress were faced with this circumstance 17 times; in the 111th Congress, 26 times. It becomes normal and regular that you have to be here to get your work done, and that is what we're doing. Mr. Speaker, plain and simple: the Republican Party is here today because we are opposed to ObamaCare and the big government that comes behind it. We're opposed to what it is doing not just to the American people and our economy, but taking freedom away from people and making us more reliant upon the Federal Government. Less pride and freedom will be available in America if we do not do something about it. The cost is simple. The cost means that we're finding that $716 billion was taken by the Democrats out of senior care in ObamaCare to fund the ObamaCare issue. The bottom line is, since ObamaCare was passed, there have been seven part-time jobs created for every one full-time job. That is not a future that we are going to stand with. The Republican Party is here in strength and numbers today. Mr. Speaker, I yield back the balance of my time and move the previous question on the resolution. The previous question was ordered.

Mr. SESSIONS

Mr. SESSIONS. Mr. Speaker, I rise concerning certain provisions of H.R. 3204, legislation addressing human drug compounding and drug supply chain security. This legislation confirms that Section 503(A), originally passed in 1997, allows the U.S. Food and Drug Administration (FDA) to enter into memorandums of understanding with the states to address ``the distribution of inordinate amounts of compounded products interstate,'' and to make sure that there are procedures that provide ``for appropriate investigation by a State agency of complaints relating to compounded drug products distributed outside such State.'' It is my understanding that this authority is to be used by the FDA to make sure that systems and procedures are set up so that consumers have available redress for any potential problem with compounded prescriptions that are shipped across state lines. I am aware of concerns that the FDA may use this authority to try to restrict interstate commerce rather than following the letter of the law, which seeks to guarantee ``appropriate investigation'' on complaints and other issues that may arise. Mr. Speaker, I will continue to monitor the implementation of Section 503(A) in consultation with compounding pharmacies in Texas, and call on the FDA to ensure that these provisions are not used to restrict interstate sales of compounded pharmaceuticals within all applicable laws and regulations.

Mr. SESSIONS

Mr. SESSIONS. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 366 and ask for its immediate consideration.

Mr. SESSIONS. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from New York (Ms. Slaughter), the ranking member of the committee and my friend, pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. General Leave

Mr. SESSIONS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks.

Mr. SESSIONS. House Resolution 366 provides for consideration of the Senate amendment to H.J. Res. 59, the Continuing Appropriations Act for Fiscal Year 2014, and a closed rule for consideration of H.R. 3210, the Pay Our Military Act of 2013. Mr. Speaker, at midnight on Monday, just 2 days from now, the Federal Government will shut down if Congress does not act to provide the necessary appropriations. The legislation before us today will ensure that a shutdown does not happen; and, if adopted, the House amendments would make important steps to ensure that ObamaCare, the Affordable Care Act that President Obama and every Democrat voted for, does not have the opportunity to hurt American jobs and drag down our economy. The first of these three amendments would repeal the medical device tax included in ObamaCare. This medical device tax is also known as what might be the tax that will harm not only the creation of investment but also the products of medical devices, including pacemakers and other medical products that keep America's health care a leading edge. The medical device industry provides our Nation with innovative health care services as well as much-needed jobs for many, many hardworking Americans. ObamaCare's onerous medical device tax-- what we also call the pacemaker tax--is already causing job loss in this industry and negatively impacting innovation of new and other lifesaving devices. I would like to insert into the Record a letter from a gentleman from Dallas, Texas, Mr. Walt Humann, CEO of OstoeMed, who came to my office over a year ago in June of 2012. He spoke with me about how innovative medical devices clearly help not only Americans, but doctors perform very difficult and leading-edge surgeries. And I will tell you that Mr. Humann spoke very clearly about how this onerous tax would literally tax the production, not the sale, but the production of medical devices to an industry that needs more and more innovation. That clearly explains the damaging effects that this has on American businesses. His letter, Mr. Speaker, clearly outlines how it harms not only his company, but the industry as a whole. The second amendment would delay all aspects of ObamaCare for 1 year. This proposal is an important step to prevent the costly job-killing regulations contained in President Obama's health care plan from becoming an unfortunate reality. The President has already delayed several pieces of the law; and just as he begins to see how ill- conceived and unworkable his plan is, it's time for us to stop it dead in its tracks. So much for the hundreds of waivers that he has issued; so much for him delaying for his friends in business; so much for him delaying the pieces that he wants to, knowing that the harm will be on individuals all across America. It makes sense to delay the entire law for a year in an effort to protect American families from paying higher health care premiums and having fewer options. This is important, and the Republican Party is on the floor of the House of Representatives today on behalf of taxpayers and what we believe is about 60 percent of Americans who are opposed to this bill starting to work October 1. So that's why we are here. Finally, this rule provides for consideration of H.R. 3210, the Pay Our Military Act. This important piece of legislation is designed to ensure that our Nation's men and women in the military continue to receive their paychecks in the event that the Senate does not adopt a responsible CR and forces our government into a shutdown. Our Nation's military puts their lives on the line, and they have throughout the history of our country. They remain engaged in combat operations as we go to sleep tonight. They are protecting this great Nation, and the services that the men and women of the military provide to the United States of America should be aided and helped, and we should make sure that we do not stop the pay to the men and women of the United States military. In the event of a government shutdown, this body should take the necessary measures to ensure that our servicemen and -women continue to be compensated for their services. So, Mr. Speaker, we have finished a Rules Committee meeting upstairs. We spoke about this, the impacts, at the committee hearing that allowed Mrs. Lowey, on behalf of the minority, and Mr. Hal Rogers, our Appropriations Committee chairman, to talk about the important part of what we're trying to do today. So I urge my colleagues to vote ``yes'' on the rule and ``yes'' on the underlying legislation. I reserve the balance of my time. OsteoMed, June 5, 2012. Hon. Pete Sessions, House of Representatives, Washington, DC. Dear Representative Sessions: Thank you for taking time to visit with me last week regarding OsteoMed and my concerns about the significant ``headwinds'' we face, especially related to the 2.3% medical device tax that is scheduled for implementation in 2013. On behalf of OsteoMed's 400 employees, I thank you for your support of H.R. 436, which would repeal this onerous provision that otherwise will negatively impact innovation and job creation at a time when we can least afford it. As president & CEO of OsteoMed, a dynamic, 20 year old surgical device manufacturing company based in your district, I confront the challenges that America's innovators face every day. In addition to challenges with the FDA and reimbursement, this 2.3% excise tax--which is on gross sales, whether or not a business has any profits--will directly impact our ability to create new jobs, invest in research and development and effectively compete in the global market. OsteoMed formed a new subsidiary company a couple of years ago to develop an innovative spine product that greatly simplifies spine fusion surgery and improves patient outcomes. OsteoMed launched this product last year which quickly grew to almost $5MM in sales in 2011 and currently employs a number of highly skilled, high paid individuals. Due to the significant upfront investment and on-going development costs, this new company is not projected to make a profit in the near future but is nevertheless subject to the device tax which will further delay this subsidiary's success. As a result, OsteoMed has now delayed additional new product developments and personnel in order to make ``ends meet'' and achieve the returns initially envisioned when this company was created. OsteoMed's core business manufactures surgical implant systems for use in craniofacial, neurosurgical and small bone orthopedic (upper and lower extremities) surgeries. These systems require extensive, specialized instruments that are typically not sold, but are used to implant the devices that drive OsteoMed's revenue stream. The device tax will not only tax gross product revenues, but my understanding is it will also tax the instruments OsteoMed must invest in and place into hospitals at no charge thereby further reducing my company's profit opportunities and forcing expense reductions in other areas in order to achieve our profit goals. OsteoMed's products are sold through a variety of sales channels and will require a new level of administrative burden in order to track the ``gross'' revenues defined by this tax. This requirement, along with the recent challenges imposed by the Physician Payment Sunshine Act, force additional levels of administration and non value added expenses that male OsteoMed less competitive and viable. The market in which OsteoMed competes is in turmoil and has become increasingly competitive with many new offshore competitors. As economics and recent government restrictions have largely removed surgeons from the surgical device purchase decision process, hospitals are now forcing increasingly price concessions. Despite increased raw material and labor costs, OsteoMed has been unable to raise product prices over the past several years and is now equally unlikely to simply pass along the device tax to our customers. Like any other responsible business, OsteoMed must carefully manage expenses in order to make profit and continue to grow and succeed. In order to cover the shortfall the new device tax will create, OsteoMed has already started to implement cut backs in its operations including the delay/ cancellation of new product development projects and the hiring of additional personnel, including biomedical engineering positions. It should be noted that OsteoMed is also aggressively re-directing its business focus to international markets that provide a less cumbersome and lengthy regulatory pathway with revenue streams that are not subject to the medical device tax . . . immediately ``saving'' 2.3% in the process. In the past month, OsteoMed initiated the search for sales managers in China and the Middle East to supplement recent managers hired in Korea and Italy. Unfortunately, OsteoMed has already started to effectively trade U.S. jobs for overseas positions as a direct result of the medical device tax and other governmental involvement. The medical device industry not only provides numerous highly skilled and attractive jobs across the U.S., but it also pays its workers on average 40% more than the typical job. We are a vibrant sector of the economy and one of the few remaining industries that produces a healthy export of products. Tragically, this industry has now become the focus of misguided and short-term government intervention and the growth and continued prosperity of this proud American industry now faces great hurdles. Again, I thank you for your service to our country and specifically for your support of H.R. 436 to repeal this tax and to help America's innovators continue to improve patient care and drive job creation. I look forward to your ability to visit OsteoMed when you are back in Dallas so you can see firsthand our great employees and the innovative products they produce to help people around the world. Please do not hesitate to contact me to discuss this issue or any other issues impacting the medical device industry. Sincerely, Walter J. Humann, President & CEO, OsteoMed.

Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume. I am intrigued by the notion today that Republicans were meeting secretively. In fact, we have had several meetings over the past few days, and probably two or three today, and the nature of that is to make sure that our Members, some 233 Republican Members across this country, that Republican leadership like myself is hearing from them, that we are moving together and talking about the terrible and disastrous effects of ObamaCare and how we're going to work together. Some of the common things that have been talked about in those meetings, as if we need to remind ourselves--but I will again--in that ObamaCare bill, $716 billion was cut and taken away from senior health care to go directly to ObamaCare. But we've also seen the real effects of ObamaCare, as we know that since ObamaCare has been passed, there have been 7 part-time jobs created for every one new full-time job. Mr. Speaker, we're here on the floor of the House of Representatives because our country is in trouble. This is a continually difficult time for Americans back home not just to find work, but to keep work. We find that large companies, these large corporations that are talked about from time to time on this floor, especially by our friends, are moving people off the health care that they're on because it makes sense to do it, but also because of the expense. We saw just in the last few weeks large companies like UPS and Walgreens move their employees and make very, very difficult decisions. Just like Delta Air Lines had to make a decision. They announced that ObamaCare alone would cost Delta Air Lines over $100 million next year alone. These are destructive and devastating consequences of ObamaCare. The Republican Party is on the floor because this law is going to start very quickly: October 1 and January 1. People begin signing up October 1. Of course, what we've seen is the President very clearly over the last few years has given waivers to the people that he chose to give waivers to. He turned around and let business off the hook. But he keeps the law on individuals. He keeps this onerous law on individuals--and it's causing chaos and panic. It's causing chaos for people like my family and others who have children that they have to take care of that are sometimes disabled. And we are seeing problems because now we're not sure in this mix who will be the doctor. Will that be a doctor we've gone to in the past? Will that be a doctor that one time we may see and another time we may not see? There is uncertainty. And this uncertainty has been driven to what I believe has become reality. And the reality is, if you look, there is a CBS and New York Times poll showing that a majority of Americans disapprove of ObamaCare. And when a majority of Americans say this to CBS News and The New York Times, I think even our colleagues, the Democrats, should listen. I reserve the balance of my time.

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

Mr. SESSIONS. Mr. Speaker, I continue to reserve the balance of my time.

Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, for every opportunity that Republicans have to talk about how bad this bill is, there is an equal opportunity for our colleagues to talk about how great it is. But the facts of the case are the American people don't see it yet. The reason why we don't see it is because this President and this administration have given out over 1,200 waivers to people, saying, It's okay for you to not have to come under this law; what you do is okay. But it's not okay for the American people, individuals of this Nation, the men and women who get up and go to work every day. And let's note, too, that we have a section of this bill that's about paying the military in case we do shut down. I would think that our colleagues on the other side of this building would want to make sure that we pay members of our military. They're important to this country. This body is going to do it. Mr. Speaker, at this time I yield 4 minutes to the gentleman from Georgia (Mr. Woodall), a distinguished young gentleman of the Rules Committee.

Mr. SESSIONS. Mr. Speaker, you know, one of the most commonsense classes that we've ever had of new Members of Congress has arrived in Washington. They're in their first year, and they're seeing some amazing things that are happening. I yield 2 minutes to the gentleman from North Carolina (Mr. Pittenger), one of these new freshman gentlemen.

Mr. SESSIONS. Mr. Speaker, you know, I would have to beg to differ with the gentlewoman. That's not what this bill is about. Evidently, the gentlewoman has not had time to read the bill. We are not debating shutting down the House. We are debating what is called a continuing resolution, Mr. Speaker. So I would encourage her to please go, and we will help her at the Rules Committee and make sure she understands what the bill is about. Mr. Speaker, at this time, I yield 2 minutes to the gentleman from North Carolina (Mr. Meadows), a distinguished young man.

Mr. SESSIONS. Mr. Speaker, at this time, I yield 2 minutes to the gentleman from Bucks County, Pennsylvania, Congressman Fitzpatrick.

Mr. SESSIONS. Mr. Speaker, I yield an additional minute to the gentleman from Pennsylvania.

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

Mr. SESSIONS. Mr. Speaker, I continue to reserve the balance of my time.

Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume. I will remind my friends that we hear stories after stories about companies dropping their employees from their employee-sponsored health care plans because of the costs and the way the health care bill is written. I think it is very interesting how--I have great sympathy for individuals who are having problems. They are in the district that I represent from Dallas also--the vast majority of people who are going to be just like them, huge amounts of people, are now being impacted by ObamaCare. It goes back to an argument that we made years and years ago moving forward: don't impact the people that have health care and insurance; help the people that don't have that. This is a case that is happening all across this country. The problem is the President played a Robin Hood plan. He went after everybody that has got insurance, he went after everybody that had a job, he went after employers. Rather than us taking care of those that did not--and let's say there were going to be 23 million people that were going to be covered, and I believe that that was the number years ago--23 million people times about $5,000 a contribution so that they could get an insurance plan would be far less destructive on our economy than going after 230 million people and destroying their health care plans. This comes back to a simple ideology, Mr. Speaker. They want a government-run health care system. That is what they are after--a government- run health care system, just like they want in other areas of the free economy. That's why they've done so many outward things with not only student loans to the banking industry, health care industry, the energy industry; they have an attack and an assault on employers and the American people. I have great respect for these individuals that we're talking about. I share their concern and I guarantee you I and my office will help these people and have been helping these people, and we care about them. But that's not what we fixed. We did a Robin Hood plan to take from everybody else and put everybody in trouble then, including the economy, including jobs, and we are now a part-time American economy. By the way they wrote the bill, it is not only expensive but it kills jobs. It is just as effective as what their EPA war on coal is. It is an attack and assault on the free enterprise system and free people. To say that the Republican Party doesn't care about these individuals is simply not true. We would offer a plan, a different way to look at it, and take the 230 million Americans that had something and worry about the others. That is what we have been trying to do all 17 years I've been in Congress. The biggest divide in this country is on taxes, and it's on health care. Republicans want normal, regular people to be able to have health care. That is what we believe in. That's the difference and the real story behind tonight. I reserve the balance of my time.

Mr. SESSIONS. Mr. Speaker, it is not I. It will not be I. I am here to help, and the legislation that's on the floor is about a continuing resolution. At this time, I yield 2 minutes to the gentleman from Houston, Texas, Congressman Culberson.

Mr. SESSIONS. I reserve the balance of my time.