This was a vote on a “motion to recommit with instructions” – i.e. an amendment -- offered by Rep. Dave Camp (R-MI), that would have repealed a number of provisions in major health care legislation recently signed into law by President Obama, including an annual limit on contributions to health flexible spending accounts (FSAs).

The amendment was offered to legislation providing small businesses with tax incentives intended to spur job creation. A motion to recommit with instructions is the minority's last chance to make substantive changes to a bill before a final up-or-down vote on the measure. If successful, the motion sends the legislation back to committee with instructions to amend the legislation as specified.

Camp contended his motion to recommit would repeal the most unpopular provisions in the health care reform law: "First, the motion repeals the cap on the minimum annual contribution to flexible spending accounts, which will be capped at $2,500 per year under the health care bill starting in 2011. FSAs, which are currently used by 35 million Americans, encourage consumers to be more aware of both the cost and quality of health care goods and services….Second, the motion repeals the ban on using several forms of health savings, including FSAs and health savings accounts, also known as HSAs, to purchase over-the-counter medicines. Not only does this ban discourage tax-free savings, it discourages Americans from choosing cheaper, nonprescription medicines when they're available."

Rep. Sander Levin (D-MI) urged the House to defeat the motion to recommit, contending it was a cynical attempt to undermine legislation passed by the House just days earlier: "Well, I guess here we start….I want to strongly urge everyone to vote against this motion to recommit. It is wrong in substance in trying to change the bill that we passed."

The House rejected the motion to recommit by a vote of 184-239. All 174 Republicans present and 10 Democrats voted "yea." 239 Democrats voted "yea." As a result, the House did not include language in the job creation bill repealing certain provisions in major health care legislation, including an annual limit on contributions to health FSAs.