ON THE FLOOR
The House will not be in session this week; Members will be home working in their districts during the Constituent Work Week. The House will come back into session on Monday, June 18th.
Wheelchairs schmeelchairs
Last week, the House approved H.R. 436, the Health Care Cost Reduction Act, by a vote of 270-146. Every Republican voted in favor, joined by 37 Democrats.
The legislation combines four bipartisan bills that would remove harmful limitations put in place by Obamacare. This will result in saving up to 47,000 jobs, supporting medical innovation, reducing health care costs, and providing American families more choice and flexibility. The bill repeals the 2.3 percent excise tax on medical devices scheduled to take place in 2013; repeals the limitation on reimbursement of the over-the-counter medications from health savings account (HSA), flexible spending arrangement (FSA), health reimbursement arrangement (HRA), or medical savings accounts (MSA) that took effect in 2011; and allows 33 million consumers of health FSAs to “cash out” unused funds (capped at $500) at the end of the year. Finally, the bill eliminates exchange subsidy overpayments (the subsidies—refundable tax credits—are determined based on the most recent tax return, thus an overpayment could occur when actual incomes exceed subsidy eligibility thresholds). The Congressional Budget Office estimates that H.R. 436 reduces the deficit by $6.7 billion over the 2013-2022 period. Conservatives remain committed to the full and total repeal of Obamacare, especially in light of the looming Supreme Court decision. Many conservatives worry that partial repeal and “fix-it” bills will divide and distract the coalition for repealing Obamacare and restarting on conservative health care reform.
Transportation Spending – Last week, conservatives used a procedural vote called a “motion to instruct conferees” to force a debate and vote on transportation spending. These motions are used to send a message to the conference committee—this time on the highway bill—regarding the prerogatives of one chamber of Congress. Although not binding, conservatives hope that these motions will highlight conservative priorities on transportation The first motion, offered by Rep. Jeff Flake (AZ), stipulates that states must receive back from the federal government at least 95% of the revenue they pay into the Highway Trust Fund. Under the current system, some states are unfairly rewarded at the expense of other states. The motion passed 259-154. The second motion, offered by Rep. Paul Broun (GA), states that federal highway spending cannot exceed the user fee revenues of the Highway Trust Fund. Currently, highway spending exceeds the revenues of the trust fund and borrows from the general fund. Conservatives have long argued that federal highway spending should not spend money that does not come from the Highway Trust Fund. Unfortunately, this motion was rejected 82-323.
Energy and Water Appropriations — Last Wednesday, the House approved H.R. 5325, the Energy and Water Appropriations Act of 2013, by a vote of 255-165. The bill provides a total of $32.09 billion in non-emergency, discretionary budget authority for the agencies and programs funded through the Energy and Water Development Appropriations bill. Budget authority in the bill is a reduction of $965 million, or 3 percent below, the spending level requested by the President for FY 2013. Unfortunately, the bill is also $87 million, or 0.2 percent, above the FY 2012 funding level.
Homeland Security Appropriations — Last week, the House approved H.R. 5855, the Department of Homeland Security Appropriations Act of 2013, by a vote of 234-182. The bill provides $39.1 billion in discretionary budget authority for programs funded through the Department of Homeland Security (DHS) for Fiscal Year 2013. Unlike previous years, funding for the Coast Guard’s support of the Global War on Terror/Overseas Contingency Operations are not included in the bill and are instead provided via transfer of $254 million from Department of Defense, Navy, Operations & Maintenance. Discretionary budget authority in the bill is $484 million, or 1.2 percent, less than last year and $393 million, or 1 percent, below the President’s request.
Legislative Branch Appropriations — Last Friday, the House approved H.R. 5882, the Legislative Branch Appropriations Act of FY 2013, by a vote of 307-102. The bill provides a total of $3.33 billion in discretionary budget authority for all non-Senate Legislative Branch activities, which is $34 million, or 1 percent, below last year’s levels and $189 million, or 5.4 percent, below the President’s requested level. The House and Senate traditionally determine their own funding separately and concur with each other’s bill in a conference committee. According to House Report 112-511, which accompanies the legislation, the Senate appropriations estimate is $956.1 million. When House and Senate appropriations are combined, total Legislative Branch funding would be $4.28 billion. According to the Appropriations Committee, since Fiscal Year 2010, the spending overseen by the Legislative Branch Subcommittee has been cut by 10.5 percent.
Contempt is in the Eye of the Holder
From the Washington Times
The House of Representatives is moving forward with proceedings to hold Attorney General Eric H. Holder Jr. in contempt of Congress — a major escalation in the separation-of-powers battle over “Fast and Furious,” the Obama administration’s botched gun-walking operation.
Rep. Darrell E. Issa, California Republican and chairman of the House Oversight and Government Reform Committee, said his panel will take up the contempt issue next week, and the move has the blessing of House Speaker John A. Boehner, Ohio Republican.
“The Justice Department is out of excuses,” Mr. Boehner said in a statement Monday morning. “Either the Justice Department turns over the information requested, or Congress will have no choice but to move forward with holding the Attorney General in contempt for obstructing an ongoing investigation.”
House Committee and Oversight and Government Reform Chairman Darrell expects 31 Democrats will join Congressional Republicans in finding Attorney General Eric Holder in contempt of Congress for failing to turn over documents relating to a botched gun-running investigation.
DOMA
Preventing DOMA-stic Abuse
A brief filed yesterday by ten senators who were in the Senate or House in 1996 and supported the Defense of Marriage Act (DOMA). Those senators include Hatch, Chambliss, Coats, Cochran, Crapo, Grassley, Graham, McConnell,Shelby, and Wicker.
The brief can be found here, which was filed in the Golinski v. Office of Personnel Management case.
JUDICIAL
If Looks Could Kyl
Motion to Invoke Cloture on Andrew David Hurwitz, of Arizona, to be United States Circuit Judge for the Ninth Circuit was agreed to 60-31, the vote results are posted here.
The leading advocate for the self described architect of Roe v. Wade was Senator Jon Kyl (R-Ariz.), who seemingly put politics well before principle, ignoring the numerous legal scholars on the right and the left who agree Roe v. Wadewas judicial vomit. He ultimately convinced other
Roe v. What?
Republicans that the man who brags about his role in the decision that has led to the deaths of over 55 million human beings deserves rewarding with a federal position and pension.
49 Congressmen have signed a letter opposing the confirmation of Hurwitz to the 9th Circuit. The full letter is available here. In addition here is a blog post by TX Senate Candidate Ted Cruz, taking a position opposing the confirmation of Andrew Hurwitz.
Also on Monday, Obama set the stage for another judicial fight, re-nominating his choice of Caitlin J. Halligan for the U.S. Circuit Court of Appeals for the District of Columbia.
In December the Senate blocked Ms. Halligan, who served as solicitor general forNew York, for she has taken an activist approach throughout her career. The Senate rejected cloture on her nomination, 54-45. As with Mr. Hurwitz, 60 votes were required.