The House of Representatives returns to Washington this week to begin the second session of the 114th Congress on Tuesday, January 5. The Senate does not return for another week.
The House will kick off the second session by keeping a promise GOP leadership made to constituents in 2014 when Republicans took control of both chambers: repealing the Affordable Care Act, or “Obamacare” as it is known to its critics, by voting on the budget reconciliation bill.
The House has voted more than 50 times to repeal the health care law or specific provisions since the law’s enactment five years ago, but opportunities for passage through the Democratic-controlled Senate were limited until Republicans took control of the upper chamber last year. Upon taking over the Senate, Majority Leader Mitch McConnell pledged a “commitment to repeal Obamacare, which is hurting the job market along with Americans’ health care.” Even though Republicans do not control 60 seats in the Senate, the passage of a budget resolution with reconciliation instructions through both chambers in early 2014 provided a method to pass such legislation because of special rules established in the Budget Control Act of 1974 that prevent the normal filibuster rules from applying to a budget reconciliation bill. Therefore, Republicans needed only a simple majority to pass a bill to repeal Obamacare, not the typical 60 needed to overcome a filibuster.
The Senate passed the budget reconciliation bill on December 3, by a vote of 52-47. Among other provisions, the reconciliation bill would repeal the authority for the federal government to run healthcare exchanges and would phase out, over two years, the major expansion of Medicaid that occurred under the law. The reconciliation measure would also remove the penalty for individuals who do not have insurance and business owners or employers who opt not to provide health insurance. In addition to these various provisions to repeal the cornerstone’s of the President’s signature achievement, the reconciliation bill would prohibit federal funding of Planned Parenthood for one year and redirect those funds to community health centers that do not provide abortion services.
Although House passage of the bill is assured, a Presidential veto is also assured and Republicans lack sufficient votes in either chamber to override the veto, Republicans no doubt will use the vote as messaging opportunity in the upcoming election year against Democratic candidates.
The remainder of the week will be spent on three bills reported out of the House Judiciary Committee. H.R. 1155, the SCRUB Act of 2015, would establish a commission to review existing federal regulations and identify those that should be repealed in order to reduce the costs and burdens to the economy of regulations that can no longer be justified. In addition, the legislation would require agencies to review all their regulations within 10 years and determine whether to retain them. The second bill, H.R. 721, is the Sunshine for Regulatory Decrees and Settlements Act of 2015. The bill would prevent “sue-and-settle” practices that result in federal agencies agreeing to promulgate and implement burdensome regulations as a result of consensual settlements to resolve “friendly” legal actions. Finally, H.R. 1927, the Fairness in Class Action Litigation Act of 2015, would prohibit federal courts from certifying any proposed class under Rule 23 of the Federal Rules of Civil Procedure unless the party seeking to maintain a class action demonstrates that each member of the proposed class suffered an injury of the same type and degree. All three bills will come to the floor under a rule. While each bill is expected to pass, none is likely to receive any consideration in the Senate, because Democrats are almost uniformly opposed to all three bills. Congress has a shortened year due to the upcoming election, and much to accomplish. Leaders of both parties in both chambers pledge good-faith efforts to restore the regular order and process appropriations and other bills in a timely manner thus year. In light of the recent track record of Congresses controlled by both parties, skepticism is warranted that these pledges will be met. In an election season that thus far has not resembled any recent election, at least on the Republican side, the safer bet is that the 114th Congress has already produced its most significant legislative accomplishments.
There is a very light hearing schedule in the House of Representatives this week, the details of which are included below:
Wednesday, January 6, 2016
House Committees
Army Fee Assistance Program (Part II)
House Oversight and Government Reform – Subcommittee on Government Operations
Subcommittee Hearing
10 a.m., 2154 Rayburn Bldg.
“Attention Needed: Mismanagement at the SBA – The GAO Findings”
House Small Business
Full Committee Hearing
11 a.m., 2360 Rayburn Bldg.
Thursday, January 7, 2016
House Committees
Document Production Status Update
House Oversight and Government Reform
Full Committee Hearing
10 a.m., 2154 Rayburn Bldg.
“Attention Needed: Mismanagement at the SBA – The Administrator Responds”
House Small Business
Full Committee Hearing
11 a.m., 2360 Rayburn Bldg.
Friday, January 8, 2016
House Committees
Treasury Oversight of TARP’s Hardest Hit Fund
House Oversight and Government Reform
Full Committee Hearing
9 a.m., 2154 Rayburn Bldg.