ISSUE 11 - 1 FRIDAY, FEBRUARY 4, 2011 House Committee on Natural Resources I NSIDE T HIS I SSUE Chairman: Rep. Doc Hastings (R-WA) Ranking Member: Rep. Ed Markey (D-MA) - New Congressional Committee Chairs Subcommittee on Indian and Alaska Native Affairs - Update on Appropriations Chairman: Rep. Don Young (R-AK) - Tribal Consultation Ranking Member: Rep. Dan Boren (D-OK) House Committee on Ways and Means Chairman: Rep. Dave Camp (R-MI) HILL UPDATES Ranking Member: Rep. Sander Levin (D-MI) New Leadership in the 112th Congress Subcommittee on Health Chairman: Rep. Wally Herger (R-CA) With a change in majority for the House and a Ranking Member: Rep. Fortney Pete Stark retirement in the Senate, leadership of (D-CA) congressional committees with jurisdiction over Tribal health has changed quite a bit. Below are the Chairs and Ranking Members Senate Committee on Appropriations of relevant committees and subcommittees Chairman: Sen. Daniel Inouye (D-HI) th Ranking Member: Sen. Thad Cochran (R-MS) for the 112 Congress: Subcommittee on Interior and the Environment House Committee on Appropriations Chairman: Sen. Jack Reed (D-RI) Chairman: Rep. Harold Rogers (R-KY) Ranking Member: Sen. Lisa Murkowski Ranking Member: Rep. Norm Dicks (D-WA) (R-AK) Subcommittee on Interior and the Environment Senate Committee on Finance Chairman: Rep. Mike Simpson (R-ID) Chairman: Sen. Max Baucus (D-MT) Ranking Member: Rep. Jim Moran (D-VA) Ranking Member: Sen. Orrin Hatch (R-UT) House Committee on Energy and Commerce Senate Committee on Health, Education, Chairman: Rep. Fred Upton (R-MI) Labor and Pensions (HELP) Ranking Member: Rep. Henry Waxman (D-CA) Chairman: Sen. Tom Harkin (D-IA) Subcommittee on Health Ranking Member: Sen. Mike Enzi (R-WY) Chairman: Rep. Joe Pitts (R-PA) Ranking Member: Rep. Frank Pallone (D-NJ) Senate Committee on Indian Affairs Chairman: Sen. Daniel Akaka (D-HI) Ranking Member: Sen. John Barrasso (R-WY) NIHB 926 PENNSYLVANIA AVE, SE, WASHINGTON, DC 20003 (202) 507-4070 WWW.NIHB.ORG Page 2 of 5 Congress Votes on Repeal of ACA the House and Senate are beginning to host An effort to repeal the Patient Protection and hearings on the effects the new legislation is Affordable Care Act (ACA) failed February already having on Americans and the United 2nd during a procedural vote in the Senate 47- States Constitution. 51. Senate Democrats raised a budget point House Committee on Ways and Means of order against the amendment to the th Federal Aviation Administration On January 26 , the House Committee on reauthorization bill, citing a Congressional Ways and Means hosted the first in a series of Budget Office estimate that repeal would add hearings entitled, “The Health Care Law’s $230 billion to the national debt. Impact on Jobs, Employers, and the Economy.” Chairman Dave Camp (R-MI) Meanwhile, the Senate did successfully repeal called business owners, the current Chairman the 1099 tax reporting requirement in ACA by of the Council of Economic Advisors, Austan a vote of 81-17. The provision requires Goolsbee, and a former Director of the businesses to file 1099 tax documents for Congressional Budget Office under George every purchase made from individual vendors W. Bush, Douglas Holtz-Eakin, to testify. totaling over $600. Repeal of this measure While Goolsbee testified in favor of the enjoys strong bipartisan support, with the positive effect ACA would have on job Obama Administration acknowledging that it creation and employers’ ability to provide presents an undue burden to businesses. The health insurance, the other witnesses did not, amendment to repeal 1099 requirements will arguing that the mandate for employer- make its way to the House for final approval. provided health insurance and other new regulations represent an undue burden to businesses. All of this comes on the heels of a January 19th vote in the U.S. House of House Committee on Budget Representatives that did repeal the ACA by a Also on January 26th the House Committee on vote of 245 - 189. The two-page bill entitled the Budget conducted a hearing on the, the, “Repealing the Job-Killing Health Care “Fiscal Consequences of the New Health Law Act”, repeals all provisions within and Care Law.” Chairman Paul Ryan (R-WI) laws changed by ACA - including the Indian called the CMS Chief Actuary Richard Foster, Health Care Improvement Act (IHCIA). Secretary of Wisconsin Health Services Dennis Smith, and 2 think tank economists to While it is unlikely that ACA will be repealed testify on ACA’s effects on deficit reduction. in its entirety, it is expected that the House While Foster did note that Congressional will later attempt to repeal portions of the law Budget Office-predicted savings in Medicare piecemeal. Having instituted a ‘repeal and might be overblown, he excluded other replace’ strategy, the House Majority passed a provisions from his presentation. subsequent bill instructing four jurisdictional committees to draft legislation to replace that Senate Committee on Health, Education, Labor and which is found in ACA, although the Pensions (HELP) committees are not subject to any deadlines. One day later, the Senate HELP Committee, chaired by Senator Tom Harkin (D-IA), hosted a hearing entitled, “The Impact of Committees Host Hearings on Impact of Health Insurance Reform on Health Care Health Reform Consumers.” Chairman Harkin called as witnesses the Secretary of Health and Human As the struggle over the fate of the Patient Services, Kathleen Sebelius and the Rhode Protection and Affordable Care Act (ACA) Island Insurance Commissioner, Christopher continues, committees of jurisdiction in both Koller, who testified in favor of the law, as NIHB 926 PENNSYLVANIA AVE, SE, WASHINGTON, DC 20003 (202) 507-4070 WWW.NIHB.ORG Page 3 of 5 well as consumer witnesses - many with APPROPRIATIONS CORNER chronic diseases - who have already seen their lives change for the better under ACA. Remainder of FY 2011 Budgets May be Reduced, FY 2012 Frozen Senate Committee on the Judiciary th On February 2, the Senate Judiciary On Tuesday, January 25 , the House voted Committee held a hearing entitled, “The 256 - 165 in favor of H. Res. 38, a non- Constitutionality of the Affordable Care Act.” binding resolution giving Budget Chairman Chairman Dick Durbin (D-IL) called a Paul Ryan unilateral authority to set all non- number of constitutional experts—law defense spending for this year at FY 2008 professors, former United States solicitors levels when the Continuing Resolution expires th general, and a state attorney general—to March 4 . This means that the entire budget discuss the constitutionality of the Affordable for Indian Health Service could regress 2 Care Act’s individual mandate under the years. Currently funded at FY 2010 levels, the commerce clause. Of the five witnesses, IHS budget could go from $4.05 billion back opinions on constitutionality were split, with to $3.35 billion under the proposed financing three testifying in favor and two against. One guidelines. notable argument in favor, however, was that of Harvard Law professor and former U.S. Chairman Ryan plans to release his budget Solicitor General under Reagan, Charles Fried, numbers sometime during the week of th a noted conservative. He testified, “ The February 7 , one week before the House health care mandate is part of the regulation brings to the floor a new Continuing of the market everyone must at some time Resolution (CR) to fund the government for enter…I’m quite sure [the mandate] is the remainder of the year. Both the House constitutional.” and Senate must agree to a new CR prior to th March 4 to avoid a government shutdown. As jurisdictional committees in both the House and Senate continue to explore the The conservative 169-member House implications of the new Heath Care Law, Republican Study Committee has proposed its more hearings are expected. Upcoming own 10-year budget reduction plan that scheduled hearings include: includes a provision to reduce FY 2011 spending even further, and may offer this February 9th, 10:00 am: House Committee on particular provision as an amendment to the Education and the Workforce Hearing on, “The CR. Their “Spending Reduction Act of 2011” Impact of the Health Care Law on the also contains a provision that would cap FY Economy, Employers, and the Workforce” 2012 – FY 2021 discretionary spending at FY 2006 levels. The bill currently has 24 co- February 9th, 1:00 pm: House Committee on sponsors. Energy and Commerce Health Subcommittee Hearing on, “H.R. ___ , a Bill to Amend the President Obama is scheduled to make his Patient Protection and Affordable Care Act to Budget Request to Congress for FY 2012 on th Modify Special Rules Relating to Coverage of February 14 . As the President discussed in Abortion Services Under Such Act” his State of the Union Address, his budget will institute a 5-year freeze on non-security February 10th, 10:00 am: House Committee on discretionary spending, excepting Social Ways and Means Hearing on, “The Health Care Security and Medicare and making targeted Law’s Impact on the Medicare Program and investments in areas like infrastructure and its Beneficiaries” education. The White House says that the spending freeze will reduce the deficit by $400 billion over the next 10 years. NIHB 926 PENNSYLVANIA AVE, SE, WASHINGTON, DC 20003 (202) 507-4070 WWW.NIHB.ORG Page 4 of 5 ADMINISTRATION UPDATES course. The Department of Justice has already indicated that the Administration will IHS Initiates Consultation on IHCIF and appeal this decision. SDPI Vinson is the second of four US District IHS is currently engaging in tribal Court judges to rule against the individual consultation via two “Dear Tribal Leader mandate, with a Virginia judge joining him; Letters.” whereas another Virginia judge and Michigan judge upholding the mandate.