THE DAILY WHIP: WEDNESDAY, JUNE 17, 2015

**Members are advised that the House is only expected to consider the Rule for both H.R. 1190 and H.R. 160 and general debate of H.R 160 today.  General debate of H.R. 1190 and votes on passage will occur on Thursday.

H.Res. 319 – Rule providing for Consideration of both H.R. 1190 – Protecting Seniors' Access to Medicare Act of 2015 (Rep. Roe – Ways and Means/Energy and Commerce) and H.R. 160 – Protect Medical Innovation Act of 2015 (Rep. Paulsen – Ways and Means) (One Hour of Debate). The Rules committee has recommended one Rule which provides for consideration of 2 bills.

For H.R. 1190, the Rules committee has recommended a closed Rule that provides for one hour of general debate with 30 minutes equally divided and controlled by the Chair and Ranking Member of the Committee on Ways and Means and 30 minutes equally divided and controlled by the Chair and Ranking Member of the Committee on Energy and Commerce.  The Rule allows one motion to recommit, with or without instructions, and it also waives all points of order against the legislation.

For H.R. 160, the Rules Committee has recommended a closed Rule that provides for one hour of general debate, equally divided between the Chair and Ranking Member of the Committee on Ways and Means. The Rule allows one motion to recommit, and waives all points of order against the legislation.

The Rules Committee rejected a motion by Ms. Slaughter of New York to consider both bills under an open Rule. Members are urged to VOTE NO.

H.Con.Res. 55 – Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces deployed to Iraq or Syria on or after August 7, 2014, other than Armed Forces required to protect United States diplomatic facilities and personnel, from Iraq and Syria (Rep. McGovern – Foreign Affairs) (Unanimous Consent Agreement, Two Hours of Debate). The House will debate H.Con.Res. 55 under a unanimous consent agreement. Pursuant to the UC Agreement, Mr. McGovern will control 40 minutes of debate and the Chair and Ranking Member of the Foreign Affairs Committee each will control 40 minutes.

H.Con.Res. 55 directs the President of the United States to remove U.S. Armed Forces deployed to Iraq or Syria on or after August 7, 2014, other than Armed Forces required to protect U.S. diplomatic facilities and personnel, from Iraq and Syria, no later than 30 days after the adoption of this concurrent resolution or, if the President determines that it is not safe to remove such Armed Forces, before the end of that period, by no later than December 31, 2015, or such earlier date as the President determines that the Armed Forces can safely be removed.

Bill Text for H.Con.Res. 55:
PDF Version

Background for H.Con. 55:
Talking Points from Rep. McGovern
CRS Report: The War Powers Resolution: Concepts and Practice

Begin Consideration of H.R. 160 – Protect Medical Innovation Act of 2015 (Rep. Paulsen – Ways and Means) (One Hour of Debate). This bill would repeal, without offset, the excise tax established by the ACA on medical devices manufactured in the U.S. or imported going forward. 

Because most sectors of the health industry were correctly expected to benefit from additional revenue when millions of previously uninsured Americans gained coverage under the ACA, the ACA included a series of provisions that asked those industries that are benefitting to contribute a portion of their additional revenue to help pay for the newly insured.  These provisions helped to ensure that the ACA reduces the deficit, as confirmed time and again by the Congressional Budget Office.  In the case of the medical devices, this contribution comes in the form of a 2.3% excise tax on revenues from all devices sold in the United States.

The JCT estimates that this permanent tax cut will add $24.4 billion to the deficit over 10 years, and Republicans have chosen to bring the bill to the Floor without providing an offset.

This permanent tax cut comes on the heels of several other permanent tax extender bills that Republicans have brought to the Floor without offsets this year, which would add $611 billion to the deficit.  The choice made by House Republicans to address these provisions one by one, while adding their cost to the deficit, represents an irresponsible approach – one that not only undermines the ACA but will also make reaching comprehensive tax reform and fixing our broken tax system harder.

Further, this bill marks the 59th time that Republicans have voted to repeal, defund or undermine the Affordable Care Act (ACA). Despite the Supreme Court’s upholding of the law’s constitutionality, the reelection of President Obama, and Speaker John Boehner’s declaration that: “Obamacare is the law of the land,” Republicans refuse to stop wasting time and taxpayer money in their effort to take away the patient protections and benefits of the Affordable Care Act.

Positive effects of the Affordable Care Act are already being seen across the country: over 16 million previously uninsured Americans now have health insurance, people cannot be denied coverage due to a pre-existing condition, women cannot be charged more for the same insurance policy, and the rate of Medicare cost growth is at the lowest it has been in 50 years. However, Republicans are making it once again clear that repealing the Affordable Care Act is their only goal.

The White House agrees and has issued the attached SAP stating that the President’s senior advisors would recommend that he veto this bill. If House Republicans are serious about fiscal responsibility, they should work with Democrats to make the tough decisions necessary to address our broken tax code through comprehensive tax reform, which would address these and other tax provisions in a way that does not add to deficits and does not limit our ability to invest in domestic discretionary priorities. Members are urged to VOTE NO.

Bill Text for H.R. 160:
PDF Version

Background for H.R. 160:
House Report (HTML Version)
House Report (PDF Version)

Suspensions (4 bills)

1. H.R. 2570– Strengthening Medicare Advantage through Innovation and Transparency for Seniors Act of 2015, as amended (Rep. Black – Ways and Means)
2. H.R. 2507 – Increasing Regulatory Fairness Act of 2015, as amended (Rep. Brady (TX) – Ways and Means)
3. H.R. 2505– Medicare Advantage Coverage Transparency Act of 2015, as amended (Rep. Kelly (PA) – Ways and Means)
4. H.R. 2582– Seniors’ Health Care Plan Protection Act of 2015, as amended (Rep. Buchanan – Ways and Means)