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Congress at Work: Protecting Citizens, Encouraging Small Business Growth

July 2014 - Posted in Congress at Work

oil platform

There was a flurry of activity in Congress in June, with themes focused on protecting citizens and encouraging small business growth. There’s even an act to review various rules to determine whether we still need them. Here’s what’s on tap.

Customer Protection and End User Relief Act (HR 4413) – Sponsored by Frank Lukas, R-Okla., this bill would reauthorize the Commodity Futures Trading Commission. The objective of the legislation is to better protect futures customers, provide end users with market certainty, conduct basic reforms to ensure transparency and accountability, and help farmers, ranchers and end users manage risks to help keep consumer costs low, as well as other purposes.

Text of the Scrub Act of 2014 (H.R. 4874) – This bill would establish a Retrospective Regulatory Review Commission. The objective for this nine-person commission would be to review various established sets of rules to determine if any should be repealed to eliminate or reduce the cost of regulating the economy. The commission may meet when, where and as often it determines appropriate, but not less than twice a year. Its guidelines are to review rules 1) that have been in effect for more than 15 years; 2) that impose excessive paperwork burdens; and 3) that impose disproportionately high costs on smaller entities. Its goal is to achieve a reduction of at least 15 percent in the cumulative costs of Federal regulation without impacting effectiveness.

Emerging Business Encouragement Act of 2014 (H.R. 4876) – Introduced by Rep. Andre Carson, D-Ind., this bill would amend the Small Business Act to provide contracting preferences and other benefits for emerging business enterprises, and for other purposes. Specifically, it would establish criteria for the designation of an emerging business enterprise, such as the number of employees, age of business, salary requirements, etc.

Small Business Women’s Procurement Parity Act(S. 481) – This bill would amend the Small Business Act to provide authority for sole source contracts for certain small business concerns owned and controlled by women, and for other purposes. The bill enables contracts to be awarded to economically disadvantaged small business concerns owned and controlled by women in underrepresented industries.

Lowering Gasoline Prices to Fuel an America that Works Act of 2014 (H.R. 4899) – The bill was assigned to a Congressional committee on June 19. The purpose of this prospective legislation is to lower gasoline prices in the United States by increasing domestic onshore and offshore energy exploration and production, and by streamlining and improving onshore and offshore energy permitting and administration. Provisions include outer continental shelf leasing program reforms, the reorganization of minerals management agencies of the Department of the Interior, process reform for the application of permits to drill, permit streamlining, funding oil and gas resource assessments, oil shale leasing, and long-range planning for American energy.

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Congress at Work: Accountability, Authority and Lots of Opinions

June 2014 - Posted in Congress at Work

World War 1 Centenary

Data Act (S. 994) – Introduced on May 21, 2013, it took nearly a year for this bill to be passed and signed by the President, who did so on May 9, 2014. Sponsored by Sen. Mark Warner, D-Va., this bill expands the Federal Funding Accountability and Transparency Act of 2006 to increase accountability and transparency in federal spending and other purposes. Soon taxpayers and policymakers will be able to track federal spending more effectively through streamlined reporting requirements and reduced compliance costs at USASpending.gov. Federal agencies will be held accountable for the completeness and accuracy of the data, which must be submitted in a searchable, downloadable format.

Department of Veterans Affairs Management Accountability Act of 2014 (H.R. 4031) – Sponsored by Jeff Miller, R-Fla., this bill would give the Secretary of Veterans Affairs the authority to remove, transfer or demote any senior executive for performance reasons. The House was scheduled to consider the bill in May and, if approved, it will move on to the Senate.

Both the House and the Senate were busy in May introducing simple resolutions, a nonbinding opinion that does not carry the full force of the law. They are typically matters of operation considered only by the division of Congress in which they are introduced. The vote for a simple resolution is conducted by roll call, in which congressional members may vote yes, no or abstain. A smattering of resolutions in May includes the following:

Condemning the abduction of female students by armed militants from the terrorist group known as Boko Haram in northeastern provinces of the Federal Republic of Nigeria (H.Res. 573) – Introduced by Rep. Frederica Wilson, D-Fla., this resolution is under consideration by the house.

A resolution designating the week of May 1 through May 7, 2014, as “National Physical Education and Sport Week” (S.Res. 441) – Introduced by Sen. Amy Klobuchar, D-Minn., this resolution was agreed to in the Senate on May 13.

A resolution recognizing the 50th anniversary of the Congressional declaration of bourbon whiskey as a distinctive product of the United States (S.Res. 446) – Introduced by Senior Sen. Mitch McConnell, R-Ky., this resolution was agreed to in the Senate on May 15.

A resolution expressing the regret of the Senate for the passage of section 3 of the Expatriation Act of 1907 that revoked the United States citizenship of women who married foreign nationals (S.Res. 402) –Introduced by Junior Sen. Al Franken, D-Minn., this resolution was agreed to in the Senate on May 14.

Providing for the Establishment of the Select Committee on the Events Surrounding the 2012 Terrorist Attack in Benghazi (H.Res. 567) – Introduced by Rep. Pete Sessions, R-Texas, this resolution was agreed to in the Senate on May 8.

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Congress at Work: Budgets, Physicians, Black Boxes and Pop Warner Football

May 2014 - Posted in Congress at Work

Football Players

Establishing the budget for the United States Government for fiscal year 2015 and setting forth appropriate budgetary levels for fiscal years 2016 through 2024 (H.Con.Res. 96)
Introduced by Rep. Paul Ryan (R-WI), this bill outlines recommended revenue, spending, and deficit levels and amounts for federal revenues, new budget authority, budget outlays, deficits, debt subject to limit and debt held by the public for fiscal years 2015 through 2024. This resolution was passed in the House on April 10, 2014 and is now in the Senate for consideration.

Protecting Access to Medicare Act of 2014 (H.R. 4302)
Sponsored by Joseph Pitts (R-PA), this bill was passed by both the House and Senate and signed by the President on April 1, 2014. It amends the Social Security Act to extend Medicare payments to physicians and other provisions of the Medicare and Medicaid programs, and for other purposes. The bill extends the current payment schedule through the end of 2014, freezes the payment rate to the single conversion factor at 0.00 percent for Jan. 1, 2015 through March 31, 2015, and requires that the conversion factor for April 1, 2015 through Dec. 31, 2015, and for 2016 and subsequent years be computed as if such a freeze had never applied.

Driver Privacy Act (S. 1925)
Introduced by Sen. John Hoeven (R-ND), this bill would mandate that if a data recorder is required to be installed in cars, the data pertaining to any subsequent wrecks is the property of the owner (or leaser) of the vehicle. The bill states that the only ways for a third party to retrieve this data is (1) via a court order; (2) if all owners or lessees consent in writing; (3) by an authorized investigation of the National Transportation Safety Board (NTSB) or the Department of Transportation; (4) to determine the appropriate emergency medical response to a motor vehicle crash; or (5) for traffic safety research (omitting personally identifiable information and VIN numbers). This bill has been reported on by committee and is awaiting a vote in the Senate.

Youth Sports Concussion Act (S. 1014)
This bill is designed to help reduce the incident of concussions in youth sports by authorizing the Consumer Product Safety Commission to make recommendations to protective equipment manufacturers regarding voluntary standards to: (1) reduce the risk of sports-related injury for youth athletes wearing protective equipment; (2) improve the safety of reconditioned protective equipment; and (3) modify protective equipment warning labels. The Act would also make it against the law to sell equipment under false or misleading claims with respect to safety benefits. It is currently in committee review, and was originally sponsored by Sen. Tom Udall (D-NM).

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Hard Hat Safety

Shaming Russia, Enforcing Laws and Honoring Plumbers

April 2014 - Posted in Congress at Work

A Resolution Condemning Illegal Russian Aggression in Ukraine (S. Res. 378) – This is a simple resolution that condemned Putin’s seizure of Crimea and demanded the immediate withdrawal of Russian military from the region. Clearly, this resolution did not make an impact on Russia’s ultimate action to annex Crimea. This simple resolution, introduced by Sen. Richard Durbin (D-IL), was agreed to on March 11; the only legislative process required for a simple resolution.

Enforce the Law Act of 2014 (H.R. 4138) – This act is designed to disallow the President of the United States from impeding the enforcement of laws passed by Congress. This act was introduced in the wake of President Obama’s suspension of immigration laws that make some groups of undocumented individuals immune to deportation, as well as several delays to and modifications of the Affordable Care Act. This bill would create a process by which members of the House or Senate could initiate civil action if the President or any federal officer launched action that prevented or delayed the enforcement of a law. The bill passed the House on March 12 and currently sits in the Senate.

SGR Repeal and Medicare Provider Payment Modernization Act of 2014 (H.R. 4015) – This act would amend Medicare to change the current methodology for paying physicians who care for Medicare patients. The act would change the sustainable growth rate (SGR) factor to a single conversion factor over a transition period. From 2014 through 2018, the single conversion factor would be 0.5 percent; from 2019 through 2023, the factor would freeze at 0.00 percent; then starting in 2024 and going forward, the factor would update to 1 percent for providers participating in an alternative payment models (APM) and 0.5 percent for those who do not. APMs feature payments linked to the value and effectiveness of physician care, as opposed to today’s more prevalent fee-for-service rates. The bill was introduced by Rep. Michael Burgess (R-TX26) and was passed by the House on March 14.

Keep the Promise to Seniors Act of 2014 (H.R. 4160 – This bill would prevent the Secretary of Health and Human Services (HHS) from implementing any of the changes proposed by the Centers for Medicare and Medicaid Services to the Medicare Part D program. Specifically, these recommendations restrict plan options, eliminate some of the most popular Medicare Part D plans, and permit HHS to intervene in negotiations between health care plans and pharmacies. The act, which was introduced by Rep. Renee Ellmers (R-NC2), was assigned to a House committee on March 6.

A resolution designating March 11, 2014, as “World Plumbing Day” (S.Res. 390) – The plumbing industry plays an important role in safeguarding the public health of people in the United States and around the world. In developing countries, 24,000 children under the age of 5 die every day from preventable causes, such as diarrhea contracted from unclean water. The installation of modern plumbing systems must be accomplished in a specific, safe manner by trained professionals in order to prevent widespread disease. Based on these and seven other similar statements, the Senate agreed to designate one day of the year to honor plumbers. The resolution was co-sponsored by Sen. Jeff Merkley [D-OR] and Orrin Hatch [R-UT] and agreed to on March 13.

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