THE DAILY WHIP: FRIDAY, AUGUST 2, 2013

For Immediate Release:

August 2, 2013

Contact:

Katie GrantStephanie Young, 202-225-3130

House Meets At: First Vote Predicted: Last Vote Predicted:

9:00 a.m.: Legislative Business

Five “One Minutes” per side

9:15 a.m. 12:00 – 1:00 p.m.

**Members are advised that first votes are expected as early as 9:15 a.m. today.

Complete Consideration of H.R. 367 – Regulations From the Executive in Need of Scrutiny (REINS) Act (Rep. Young (IN) – Judiciary). This bill modifies the federal rule-making process by requiring Congress to approve executive agency regulatory proposals that are deemed to be “major rules” (those with an economic impact greater than $100 million) – rather than allowing Congress to disapprove of those proposed rules and regulations, as is currently the case under the Congressional Review Act (CRA). This bill would seek to give Congress the responsibility of approving any rule proposed by the administration before it can go into effect.

By requiring Congressional approval of major rules, this measure would stifle Federal agency rulemaking, while undermining the ability of agencies to provide essential protections to Americans.   

The GOP Leadership continues to pursue an ideological agenda while not taking action to create jobs, finish a budget, or end the sequester. With just two days left before the August district work period, there is nothing on the schedule to address the numerous critical issues facing Congress. Instead, Republicans continue to waste more time on messaging bills. H.R. 367 would give the Republican Majority even more legislative responsibility than they currently have, which they have repeatedly demonstrated they are unable to handle.

The Rule provides for no further general debate. As of late night, the House had completed debate of all twelve amendments.  The following amendments have recorded votes pending:

Rep. Scalise Amendment. Subjects any regulation that places a fee, price or levy on pollution to the Congressional approval procedure mandated under the bill.
Rep. Smith (MO) Amendment. Subjects all rules issued under the authority of the Affordable Care Act to the Congressional approval procedure mandated under the bill.
Rep. Latham Amendment. Requires federal agencies to report to Congress on proposed or prospective regulatory actions by any other Federal agencies with authority to implement the same statutory provision or regulatory objective.
Rep. Nadler Amendment. Exempts from the bill's Congressional approval requirement any rule pertaining to nuclear reactor safety standards. The amendment would ensure enhanced nuclear safety protection requirements can go into effect.
Rep. Johnson (GA) Amendment.  Exempts from the bill's Congressional approval requirement any rule that the Office of Management and Budget determines would result in net job creation. The amendment would ensure rules that create jobs can go into effect.
Rep. Jackson-Lee Amendment. Prohibits the underlying bill from impeding the Department of Homeland Security from issuing regulations, including responding effectively and immediately to disasters such as tornadoes, hurricanes, earthquakes and the need for emergency infrastructure work caused by disasters and in developing security responses covering modes of transportation such as aviation and mass transit. 
Rep. Moore Amendment. Exempts rules pertaining to veterans from the additional requirements of the bill.

Bill Text for H.R. 367:
PDF Version

Background for H.R. 367:
House Report (HTML Version)
House Report (PDF Version)

H.R. 2009 – Keep the IRS Off Your Health Care Act (Rep. Price (GA) – Ways and Means) (One Hour of Debate). The bill prohibits the Treasury Secretary, or any delegate of the Secretary – including the Internal Revenue Service (IRS) – from implementing or enforcing any provisions of the Affordable Care Act (ACA).

One of the cornerstones of the ACA, ensuring access to care, is accomplished by implementing over $1 trillion in subsidies and tax credits for middle class families and small businesses for the purchase of coverage.  These tax breaks, aimed at making coverage more affordable, come in the form of premium tax credits, available only if a taxpayer does not have an affordable coverage offer from an employer and if the household income for the taxable year is 100-400 percent of the federal poverty level (FPL).  In addition, cost sharing subsidies also will be made available under the ACA so that co-pays for services such as doctor visits and hospital admissions are affordable. 

This bill, by prohibiting the IRS from making or enforcing rules on premium tax credits for exchange coverage and small business tax credits for employee coverage, would cause millions of middle class American families and small businesses to be stripped of access to these tax credits and, consequently, access to affordable care.  Eliminating hundreds of billions of dollars in tax breaks (that would serve as incentive for obtaining coverage) amounts to a tax hike on millions of middle class families and businesses who would otherwise benefit and would derail implementation of the ACA, which is Republicans’ long-stated goal.

This will mark the 40th time that Republicans have voted to repeal or defund the Affordable Care Act.  With the Supreme Court’s upholding of the law’s constitutionality and the reelection of President Obama, Speaker John Boehner declared: “Obamacare is the law of the land.”  Even that, however, has not stopped Republicans from wasting more time and taxpayer money to force yet another messaging bill through the House. With little time left before a five-week recess, the GOP Leadership should instead be finishing work on a budget that replaces the sequester and sends a strong signal of certainty to the American people and the markets. Members are urged to VOTE NO.

Bill Text for H.R. 2009:
PDF Version

 
The Daily Quote

“The most telling thing that happened as Congress scrambled to get out of town for its August recess was the vote that didn’t happen. On Wednesday, House Republican leaders abruptly yanked a $44 billion transportation spending bill from floor debate. The purported reason was scheduling — a pile of proposed amendments that supposedly made it difficult to finish up in time. In fact, lawmakers had already disposed of most of that pile. The more plausible reason: The votes weren’t there. The bill cut too much, even for many Republicans to stomach — despite the fact that they had passed a budget requiring cuts of that size. When it came time to put their mouths (and votes) where the money wasn’t, lawmakers balked. House Republican leaders gamely vowed to take up the transportation measure next month, but Rogers declared its prospects to be ‘bleak at best, given the vote count on passage that was apparent this afternoon.’ Indeed, the measure was beset on all sides. Some House Republicans are so extreme that no domestic spending bill can cut enough to satisfy them… Perhaps August will be chastening. The events of July do not offer much hope.”

-    Ruth Marcus, Washington Post, 8/1/13