I thank the gentleman for yielding. Mr. Speaker, I rise in strong opposition to the Republicans' Midnight Rules Relief Act. The bill is an unnecessary abdication of legislative responsibility by the Republican-led Congress, and it is very…
I thank the gentleman for yielding.
Mr. Speaker, I rise in strong opposition to the Republicans' Midnight Rules Relief Act.
The bill is an unnecessary abdication of legislative responsibility by the Republican-led Congress, and it is very poor public policy. The bill short-circuits open debate and public participation. It is also very wasteful because it jettisons carefully and long-crafted policies that protect American families from threats to their economic security, their health, and their safety.
Under the U.S. Constitution, after Congress passes a law, agencies craft rules to implement that legislation. If Members of Congress want to clarify or change executive branch regulations, they have a responsibility to address the matter in a transparent way and through open, regular order. Republicans don't want to do that, however,
because the public might find out what they are doing.
This Republican scheme sets a dangerous precedent by expanding the ability of the Congress to use the Congressional Review Act to disapprove hundreds of carefully crafted policies at one time and with very little notice or debate. Republicans want to reach back to last May and cherry-pick policies that they do not agree with.
But how will the public know?
That will be difficult; and, in many instances, Republicans do not want the public to know.
I urge my colleagues to reject this power grab by the new Republican Congress. It is just like what they tried to do yesterday with the Office of Congressional Ethics. These policies don't just come out of thin air. There is a long, painstaking process with extensive public comment. Public participation doesn't appear to be a priority in this new Congress, so reject this dark bill. Side, instead, with our democratic principles in America, which include open debate, transparency, fiscal responsibility, and the security of our neighbors.
Mr. Speaker, I have a motion to recommit at the desk.
I am opposed.
Mr. Speaker, this is the final amendment to the bill, which will not kill the bill or send it back to committee. If adopted, the bill will immediately proceed to final passage, as amended.
My amendment provides an important safeguard for the economic security of American families by maintaining the consumer-friendly protections in the Affordable Care Act for, one, the cost-saving provisions in Medicare of lower prescription drugs for our parents and our grandparents; and, two, the vital consumer protection that prohibits insurance companies from denying coverage because someone has a preexisting condition like cancer, asthma, or diabetes.
The Affordable Care Act, which Republicans say they want to repeal without a replacement bill in sight, provided these very important consumer protections for all Americans not just for the 20 million Americans who gained health insurance through the marketplace or HealthCare.gov, but for the vast majority of Americans who are covered through Medicare, which is about 43 million Americans, and for the folks who have health insurance through their jobs, which is about 155 million Americans.
Here is what the Affordable Care Act has done for those folks: One, Medicare is stronger. The Affordable Care Act strengthened the Medicare fund, extending its life by over a decade. In addition, Medicare enrollees have benefited from huge savings in prescription drug costs. They have also saved through preventative screenings for breast and colorectal cancer, cardiovascular disease, and diabetes; that when they go to the doctor's office now, there is no cost, there is no charge. That is the Affordable Care Act.
So if Republicans aren't careful in their zeal to repeal the Affordable Care Act, they, in essence, will be asking our parents and grandparents to pay more, a whole lot more for their prescription drugs.
Let me get a little local here. I represent the State of Florida where about 18 percent of Floridians rely on Medicare for their health care. Because of the Affordable Care Act, it has started to close the doughnut hole. Repeal it now and that stops. That goes away. Just in 2015 alone, 350,000 Florida seniors saved $351 million on their prescription drugs. That is an average of about $1,000 per beneficiary. So my amendment makes the point that Democrats are going to fight for our older neighbors to keep those savings intact, brought to you by the Affordable Care Act.
Second, we also want to put everyone on notice that Democrats intend to fight tooth and nail to keep the vital consumer protection, one of the bedrocks of the Affordable Care Act, that bars health insurance companies from refusing to cover you or charge you more because you have a preexisting condition or charge women more than men.
Whether you know it or not, all Americans have benefited from the bar on discrimination from preexisting conditions since January 1, 2014. So if you have health insurance through your employer, you have benefited from the Affordable Care Act. If you have gone to healthcare.gov because you are a student, part-time worker, or you don't have it through your job, you have benefited. If you have health insurance for your children through the Children's Health Insurance Program or Medicaid, you are no longer subject to discrimination.
Remember a few years ago when insurance companies maintained a long list of conditions where they said, if you have cancer or diabetes or something, you are automatically excluded, that is the way things worked. A congressional investigation into this practice during the healthcare reform debate uncovered more than 400 medical diagnoses or conditions that insurance used to justify coverage denial. At the top of the list were cancer, heart disease, pregnancy, diabetes, HIV/AIDS, multiple sclerosis, and muscular dystrophy.
You know what? Generally, States with the highest rates of denial were in the South and the Midwest where the overall health status of residents has consistently been worse than in other parts of the country. The incidence of cancer, heart disease, and diabetes is higher in those States.
Well, now you cannot be discriminated against for those preexisting conditions. That kind of discrimination wasn't right. It had no place in America, so we outlawed it in the Affordable Care Act. Like one of my neighbors, Christine Roper in Tampa--Christine is 26. She recently aged off her father's insurance and was unsure how to find coverage because she has a heart condition and asthma. Before, she would have been prohibited from getting health insurance, but not today. And we are not going backwards. That is because millions of Americans who can now buy coverage would be forced back into the ranks of the uninsured.
We are going to start this Congress off by standing up for our families and rejecting any attempts to repeal and replace the Affordable Care Act.
I urge a ``yes'' vote on my motion, and I yield back the balance of my time.
Well, according to the Midnight Rules Relief Act, the public really won't know, and that is the point.
Mr. Speaker, I thank the gentleman for yielding.
In fact, there are extensive regulations listed as major rules relating to Medicare because part of what we did in the Affordable Care Act was to begin to change Medicare from a volume-based system to a value-based system.
Major Rules Issued by the Obama Administration That Are Potentially
Eligible for Disapproval Under the Congressional Review Act in the
115th Congress
Major Rules Listed on GAO's Website As of January 3, 2017
Title of Rule (As Published in Federal Register) and RIN
Number are as follows:
Exemptions To Facilitate Intrastate and Regional Securities
Offerings 3235-AL80; Investment Company Liquidity Risk
Management Programs, 3235-AL61; Retention of EB-1, EB-2, and
EB-3 Immigrant Workers and Program Improvements Affecting
High Skilled Nonimmigrant Workers, 1615-ACO5; Walking-Working
Surfaces and Personal Protective Equipment (Fall Protection
Systems), 1216-AB80; Waste Prevention, Production Subject to
Royalties, and Resource Conservation, 1004-AE14; Investment
Company Swing Pricing, 3235-AL61; Establishing a More
Effective Fair Market Rent System; Using Small Area Fair
Market Rents in the Housing Choice Voucher Program Instead of
the Current 50th Percentile FMRs, 2501-AD74; Medicare
Program; Revisions to Payment Policies Under the Physician
Fee Schedule and Other Revisions to Part B for CY 2017;
Medicare Advantage Bid Pricing Data Release; Medicare
Advantage and Part D Medical Loss Ratio Data Release;
Medicare Advantage Provider Network Requirements; Expansion
of Medicare Diabetes Prevention Program Model; Medicare
Shared Savings Program Requirements, 0938-AS81.
Medicare Program; CY 2017 Inpatient Hospital Deductible and
Hospital and Extended Care Services Coinsurance Amounts,
0938-AS70; Medicare Program; Medicare Part B Monthly
Actuarial Rates, Premium Rate, and Annual Deductible
Beginning January 1, 2017, 0938-AS72; Hospital Outpatient
Prospective Payment and Ambulatory Surgical Center Payment
Systems and Quality Reporting Programs; Organ Procurement
Organization Reporting and Communication; Transplant Outcome
Measures and Documentation Requirements; Electronic Health
Record (EHR) Incentive Programs; Payment to Nonexcepted Off-
Campus Provider-Based Department of a Hospital; Hospital
Value-Based Purchasing (VBP) Program; Establishment of
Payment Rates Under the Medicare Physician Fee Schedule for
Nonexcepted Items and Services Furnished by an Off-Campus
Provider-Based Department of a Hospital, 0938-AS82; Medicare
Program; Merit-Based Incentive Payment System (MIPS) and
Alternative Payment Model (APM) Incentive Under the Physician
Fee Schedule, and Criteria for Physician-Focused Payment
Models, 0938-AS69; Medicare and Medicaid Programs; CY 2017
Home Health Prospective Payment System Rate Update; Home
Health Value-Based Purchasing Model; and Home Health Quality
Reporting Requirements, 0938-AS80; Student Assistance General
Provisions, Federal Perkins Loan Program, Federal Family
Education Loan Program, William D. Ford Federal Direct Loan
Program, and Teacher Education Assistance for College and
Higher Education Grant Program, 1840-AD19; Energy
Conservation Program, Energy Conservation Standards for
Miscellaneous Refrigeration Products, 1904-AC51.
Medicaid Program; Final FY 2014 and Preliminary FY 2016
Disproportionate Share Hospital, Allotments, and Final FY
2014 and Preliminary FY 2016 Institutions for Mental
Diseases, Disproportionate Share Hospital Limits, 0938-ZB30;
Cross-State Air Pollution Rule Update For The 2008 Ozone
NAAQS, 2060-AS05; Greenhouse Gas Emissions and Fuel
Efficiency Standards for Medium-and Heavy-Duty Engines and
vehicles--Phase 2, 2060-AS16; U.S. Citizenship and
Immigration Services Fee Schedule, 1615-AC09; Treatment of
Certain Interests in Corporations as Stock or Indebtedness,
1545-BN40; Establishment of the Electronic Visa Update System
(EVUS), 1651-AB08; ONC Health IT Certification Program:
Enhanced Oversight and Accountability, 0955-AA00; Cleaning
Requirement Determination Under Section 2(H) Of The Commodity
Exchange Act For Interest Rate Swaps, 3038-AE20; Standards
For Covered Clearing Agencies, 3235-AL48.
Medicare And Medicaid Programs; Reform Of Requirements For
Long-Term Care Facilities, 0938-AR61; Child Care And
Development Fund (CCDF) Program, 0970-AC67; Establishing Paid
Sick Leave For Federal Contractors, 1235-AAI3; OCC Guidelines
Establishing Standards For Recovery Planning By Certain Large
Insured National Banks, Insured Federal Savings Associations,
And Insured Federal Branches; Technical Amendments, 1557-
AD96; Emergency Preparedness Requirements For Medicare And
Medicaid Participating Providers And Suppliers, 0938-A091;
Migratory Bird Hunting Regulations On Certain Federal Indian
Reservations And Ceded Lands For The 2016-17 Season, 1018-
BA70; Safety And Effectiveness Of Consumer Antiseptics;
Topical Antimicrobial Drug Products For Over-The-Counter-
Human Use, 0910-AF69; Head Start Performance Standards, 0970-
AC63; Standards Of Performance For Municipal Solid Waste
Landfills, 2060-AM08; Emission Guidelines And Compliance
Times For Municipal Solid Waste Landfills, 2060-AS23.
Federal Acquisition Regulation; Fair Pay And Safe
Workplaces, 9000-AM81; Medicare Program; Hospital Inpatient
Prospective Payment Systems For Acute Care Hospitals And The
Long-Term Care Hospital Prospective Payment System & Policy
Changes & Fiscal Year 2017 Rates; Quality Reporting
Requirements For Specific Providers; Graduate Medical
Education; Hospital Notification Procedures Applicable To
Beneficiaries Receiving Observation Services; Technical
Changes Relating To Costs To Organizations & Medicare Cost
Reports; Finalization Of Interim Final Rules With Comment
Period On LTCH PPS Payments For Severe Wounds, Modifications
Of Limitations On Redesignation By The Medicare Geographic
Classification Review Board, & Extensions Of Payments To MDHS
And Low-Volume Hospitals, 0938-AS77; 0938-AS88; 0938-AS41;
Workforce Innovation And Opportunity Act; Joint Rule For
Unified And Combined State Plans, Performance Accountability,
And The One-Stop System Joint Provisions; Final Rule, 1205-
AB74; Workforce Innovation And Opportunity Act, 1205-AB73;
Medicare Program; Prospective Payment System And Consolidated
Billing For Skilled Nursing Facilities For FY 2017, SNF
Value-Based Purchasing Program, SNF Quality Reporting
Program, And SNF Payment Models Research, 0938-AS75.
Medicare Program; Inpatient Rehabilitation Facility
Prospective Payment System For Federal Fiscal Year 2017,
0938-AS78; Medicare Program; FF 2017 Hospice Wage Index And
Payment Rate Update And Hospice Quality Reporting
Requirements, 0938-AS79; Margin And Capital Requirements For
Covered Swap Entities, 3052-AC69; Medicare Program; FY 2017
Inpatient Psychiatric Facilities Prospective Payment System--
Rate Update, 0938-AS76; National School Lunch Program And
School Breakfast Program: Nutrition Standards For All Foods
Sold In School As Required By The Healthy, Hunger-Free Kids
Act Of 2010, 0584-AE09; Revised Critical Infrastructure
Protection Reliability Standards, No RIN provided; Amendments
To The Commission's Rules Of Practice, 3235-AL87; Disclosure
Of Payments By Resource Extraction Issuers, 3235-AL53;
Migratory Bird Hunting; Seasons And Bag And Possession Limits
For Certain Migratory Game Birds, 1018-BA70; Oil and Gas And
Sulfur Operations On The Outer Continental Shelf--
Requirements For Exploratory Drilling On The Arctic Outer
Continental Shelf, 1082-AA00.
Medication Assisted Treatment For Opioid Use Disorders,
0930-AA22; Department Of Labor Federal Civil Penalties
Inflation Adjustment Act Catch-Up Adjustments, 1290-AA31;
General Administrative Regulations; Catastrophic Risk
Protection Endorsement; Area Risk Protection Insurance
Regulations; And The Common Crop Insurance Regulations, Basic
Provisions, 0563-AC49; Transition Assistance Program (TAP)
For Military Personnel, 0790-AJ17; Operation And
Certification Of Small Unmanned Aircraft Systems, 2120-AJ60;
Transit Asset Management; National Transit Database; FTA-
2014-0020, 2132-AB07; Revision Of Fee Schedules; Fee Recovery
For Fiscal Year 2016, 3150-AJ66; Medicare Program; Medicare
Clinical Diagnostic Laboratory Tests Payment System, 0938-
AS33; Jams Zadroga 9/11 Victim Compensation Fund
Reauthorization Act, 1105-AB49; Energy Conservation Program:
Energy Conservation Standards For Battery Chargers, Energy
Conservation Program: Energy Conservation Standards For
Dehumidifiers, 1904-AC81; Removal Of Mandatory Country Of
Origin Labeling Requirements For Beef And Pork Muscle Cuts,
Ground Beef, And Ground Pork, 0581-AD29.
Mr. Speaker, on that I demand the yeas and nays.