Recently in Washington

Last week the House passed H.R. 1540, the National Defense Authorization Act for Fiscal Year 2012, which authorizes activities of the Department of Defense for the coming fiscal year.  The House also passed H.R. 1216, legislation to move funding included in the Democrats’ healthcare bill for graduate medical education back on budget so that it can be funded through the annual appropriations process.  Lastly, the House passed S. 990, legislation to extend certain portions of the USA PATRIOT Act through June 1, 2015.  Congressman Simpson supported these bills.

Simpson Seeks Reform of Taxpayer Lawsuit Subsidies
Idaho Congressman cosponsors legislation reforming the Equal Access to Justice Act
Congressman Mike Simpson has acted to protect taxpayers by requiring new transparency in a federal program that pays people to sue the federal government. Simpson did so by signing on as an original cosponsor to the Government Litigation Savings Act, authored by Rep. Cynthia Lummis (R-WY), which reforms the federal Equal Access to Justice Act (EAJA) and shines a spotlight on abuses of the program, which are particularly prevalent with regards to land management agencies. Simpson is the Chairman of the House Appropriations Subcommittee on Interior and the Environment.

“For too long, the Equal Access to Justice Act, and its millions of dollars in yearly federal payouts, has operated without review by Congress and without regard for taxpayers, allowing litigation to become a cottage industry,” said Congressman Mike Simpson. “The Government Litigation Savings Act is a prudent, responsible step in the right direction toward a more accountable and less costly judicial access program for those with limited means. It is well past time for this program to see fundamental reforms, and I am pleased a bill like this is now before Congress.”

Among its many provisions, the Government Litigation Savings Act:
• Requires that EAJA filers must show a “direct and personal monetary interest” in the action to be eligible for payments.  Direct and personal interest includes personal injury, property damage, or unpaid agency disbursement.
• Establishes a cap of $175 per hour for attorney’s fees, pegged to inflation.
• Caps total EAJA reimbursements to $200,000 for any single action, and allows no more than three EAJA awards in a calendar year.
• Establishes reporting requirements government-wide, including  an explanation from the agency explaining why its position was not substantially justified, and establishes an online, searchable database for funds paid out of EAJA and to whom the funds were paid. 
• Requires that funds paid from EAJA in sealed settlement agreements must be included in the online report.

In addition, the legislation requires the Government Accountability Office to conduct an audit of EAJA payments over the last 15 years.

“The EAJA program was originally intended to help people with limited resources seek redress against the wrongs of the federal government, and nobody disagrees with that intent,” said Simpson. “Unfortunately, it has turned into a program that uses taxpayer dollars to subsidize the litigious addictions of special interest groups. American taxpayers, businesses, farmers, and ranchers, as well as our nation’s court system, are ill-served by EAJA in its current form and that is why this legislation is so important.”

DELEGATION WELCOMES INL CLEANUP ANNOUNCEMENT 
Idaho Treatment Group named for waste processing contract at Idaho Lab
Members of Idaho’s Congressional Delegation said last week they appreciate the announcement by the U.S. Department of Energy (DOE) that today named the Idaho Treatment Group (ITG) as the recipient of a $417 million contract to process and dispose of approximately 26,500 cubic meters of transuranic and mixed low-level waste that is stored in Idaho and will be bound for storage in New Mexico.  The contract runs through 2015 and will likely continue employment for 800 workers in Southeast Idaho.

“The incumbent contractor, Bechtel-BWXT, Idaho (BBWI), has made significant progress completing and exceeding its mission,” said Senator Mike Crapo.  “BBWI proved to be a valuable community partner and they have instituted a strong safety culture.  I look forward to working with Idaho Treatment Group to carry on and complete the mission safely and in compliance with the 1995 Settlement Agreement.”

“This announcement means we will, of course, continue cleanup at the INL site, protecting Idaho’s environment and economy,” said Senator Jim Risch.  “I am hopeful that it is further indication that the administration intends to live up to its legal obligations by removing all waste from Idaho.”

"The Department of Energy today chose the Idaho Treatment Group as the next contractor to run the Advanced Mixed Waste Treatment Project and I look forward to working with them to continue the success of the project and to meet the requirements of the Idaho Settlement Agreement," said Congressman Mike Simpson.  "The Idaho Treatment Group team is made up of a number of partners, many of whom are already very familiar with the cleanup process in Idaho including Babcock and Wilcox, URS/WGI, and Energy Solutions.  I am confident they will hit the ground running once the contract changes hands.  At the same time, it is important that we recognize the tremendous work and accomplishments of the incumbent contractor, Bechtel-BWXT, and offer our gratitude to them and their workforce for a job well done.  They have maintained their focus through repeated delays to, and extensions of, this contract and have been a valued contributor toward the community throughout the duration of their contract."

Committee Action

At 5:00 p.m. on Tuesday, the House Appropriations Committee will hold a full-committee markup on the Agriculture, Rural Development, and Related Agencies Appropriations Act for FY2012.

At 10:00 a.m. on Thursday, the House Energy and Water Development Appropriations Subcommittee will mark up the Energy and Water Development Appropriations Act for FY12.

At 10:30 a.m. on Thursday, the House Budget Committee will hold a hearing entitled, “Fannie Mae, Freddie Mac & FHA: Taxpayer Exposure in the Housing Markets.”  Scheduled witnesses include:  Deborah J. Lucas, Assistant Director, CBO; and Alex J. Pollock, Senior Fellow, American Enterprise Institute for Public Policy Research.

Floor Schedule

Monday, May 30th
On Monday, the House was not in session.

Tuesday, May 31st
On Tuesday, the House will meet at 12:00 p.m. for morning hour and 2:00 p.m. for legislative business. Votes will be postponed until 6:30 p.m.

Legislation Considered Under Suspension of the Rules:
1) H.R. 1954 - To implement the President's request to increase the statutory limit on the public debt (Sponsored by Rep. Dave Camp / Ways and Means Committee)
2) H.R. 1484 - Veterans Appeals Improvement Act, as amended (Sponsored by Rep. Bob Filner / Veterans’ Affairs Committee)
3) H.R. 802 - To direct the Secretary of Veterans Affairs to establish a VetStar Award Program (Sponsored by Rep. Bob Filner / Veterans’ Affairs Committee)
4) S. 1082 - Small Business Temporary Extension Act of 2011 (Sponsored by Sen. Mary Landrieu / Small Business Committee)
5) S.Con.Res. 16 - Authorizing the use of Emancipation Hall in the Capitol Visitor Center for an event to celebrate the birthday of King Kamehameha (Sponsored by Sen. Kahikina Akaka / House Administration Committee)
6) H.R. 1194 - To renew the authority of the Secretary of Health and Human Services to approve demonstration projects designed to test innovative strategies in State child welfare programs (Sponsored by Rep. Jim McDermott / Ways and Means Committee)

Wednesday, June 1st, and the Balance of the Week
On Wednesday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business.

On Thursday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business.

On Friday, the House will meet at 9:00 a.m. for legislative business. Last votes for the week are expected no later than 3:00 p.m.

H.Con.Res. 51 - Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove the United States Armed Forces from Libya (Subject to a Unanimous Consent Agreement) (Sponsored by Rep. Kucinich / Foreign Affairs Committee)

H.R. 2017 - The Department of Homeland Security Appropriations Act, 2012 (Subject to a Rule) (Sponsored by Rep. Robert Aderholt / Appropriations Committee)

H.R. __ - The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2012 (Subject to a Rule) (Sponsored by Rep. John Culberson / Appropriations Committee)

In the News

Republicans to Hone Medicare Pitch after New York Loss in House Contest
By James Rowley - May 26, 2011 www.bloomberg.net
Republicans are vowing to prevent the 2012 election from becoming a referendum on their proposal to privatize Medicare after a New York Democrat who opposed the plan won a vacant U.S. House seat.

Democrat Kathy Hochul scored an upset in a traditionally Republican western New York district in a May 24 special election after hammering opponent Jane Corwin for endorsing the Medicare plan approved in April by almost all House Republicans.

“We knew that the first person that threw something on the table was going to get the living crap beat out of them” and “we might be beat up in the elections in the future,” Republican Representative Mike Simpson of Idaho said in an interview. “But you got to be willing to take that if you want to reform the system.”

All but four House Republicans voted last month for Budget Committee Chairman Paul Ryan’s proposal containing the Medicare plan. It would replace the current system with a subsidy to help senior citizens buy private health insurance, starting with those who turn 65 in 2022. In the Senate yesterday, five Republicans joined Democrats in opposing the proposal when it failed on a procedural vote.

In her campaign, Hochul, 52, said the Republican plan would shortchange senior citizens while preserving tax cuts for “millionaires and billionaires.” Republicans say they are ready to respond to this argument.

‘Epic Battle’

“It’s going to be a hard sell,” said Republican Representative Tom Rooney, whose Florida constituency has one of the five oldest populations of the 435 congressional districts. The 2012 election fight over Medicare will “be an epic battle in politicking,” he said.

Rooney, first elected in 2008, said he will continue holding town-hall meetings with constituents to explain the plan and give voters a chance to vent.

“If I don’t do that, I could very well lose my election,” Rooney said. “We all know we are putting our neck on the line.”

Simpson said the Republican “counterattack” will be that Republicans, not Democrats, are trying to save Medicare from insolvency.

Democrats will continue to say “‘you’re ending Medicare as we know it.’ That’s true, we are ending Medicare as you know it,” Simpson said. “We are trying to take it from insolvent to solvent because if it stays where it is, it’s not going to be there for anybody.”
‘Small Part’

House Speaker John Boehner stressed that message today after saying that a “small part of the reason” Corwin lost her race “clearly had to do with Medicare.”

“The only plan out there to preserve and protect Medicare for current and future retirees is the plan that we put forward,” Boehner, an Ohio Republican, told reporters. “The Democrats have no plan, which is going to lead to bankruptcy” and benefit cuts, he said.
Under the plan proposed by Ryan, a Wisconsin Republican, participants in a privatized Medicare would pay a higher percentage of their health-care costs than under the current system, the Congressional Budget Office estimates. Medicare trustees have estimated that without changes to the program, it won’t be able to pay full benefits starting in 2024.

Democrats say they can preserve Medicare by creating savings without turning it over to private insurers.

Public Opinion

Polls showing public opposition to privatizing Medicare have put Republicans on the defensive in the aftermath of their gain of 63 House seats in last year’s midterm elections, which gave them control of the chamber. In a March 4-7 Bloomberg National Poll, a Medicare voucher plan was opposed by 54 percent of respondents compared with 40 percent supporting it.

“It’s not a good place to be politically right now,” said Representative C.A. “Dutch” Ruppersberger, a Maryland Democrat. “I don’t know how they back off, they are so far out there on the record.”

Alan Abramowitz, a political scientist at Emory University in Atlanta, said that even before this week’s New York vote, “Republican party leaders and officeholders were becoming increasingly nervous about the public reaction to the Ryan plan.”

‘Obamacare’ Focus

“We can expect to see them try to shift the focus from the Ryan plan itself to the risks posed by ‘Obamacare’ to Medicare,” Abramowitz said, referring to the health-care overhaul enacted last year when Democrats controlled both congressional chambers.

Ryan released a five-minute video yesterday in which he offered a tutorial on the financial problems facing Medicare.

Medicare is “headed for a painful collapse,” he said in the video. “We can save Medicare, but we have to reform it so that it delivers the high quality we expect at a price we can afford.”
Abramowitz said Ryan’s video emphasized a description of the problem, signaling a shift away from the details of his plan.

Last year, Medicare trustees projected that the savings from President Barack Obama’s 2010 health-care law would postpone the program’s insolvency from 2017 to 2029. That date was revised earlier this month by the trustees.

Top Priority

Senate Majority Leader Harry Reid, a Nevada Democrat, told reporters yesterday that his party has made securing Medicare’s future a top priority. Provisions of the health-care overhaul will produce savings to extend the program’s life, he said, including $166 million in savings on prescription drugs this year.

“These are the kind of changes we need to make -- get rid of the fat, fraud, waste and abuse and strengthen Medicare while preserving our promise to seniors,” Reid told reporters.
Republicans are already preparing their strategy on Medicare, said Rooney, who was among 20 lawmakers who met with Ryan and other Republican leaders the day of Hochul’s election victory to hone their arguments.

The party can prevail “by playing offense and stating the choice: doing something or doing nothing, which means bankruptcy and cuts in current benefits for current beneficiaries,” said Pennsylvania Republican Representative Charlie Dent.