This week, the Senate will vote on H.J.Res. 38, a House-passed resolution disapproving of the rule submitted by the Department of the Interior’s Office of Surface Mining (OSM) known as the Stream Protection Rule (SPR), which would ensure that final SPR has no force or effect, and that OSM cannot issue a rule that is substantially the same without subsequent authorization from Congress.
While initially proposed in 2008, the rule wasn’t finalized until December 19, 2016. During the intervening time, The Heritage Foundation wrote extensively about the profoundly negative impact this rule would have on the coal mining industry. In his paper The Assault on Coal and American Consumers, Heritage Foundation scholar Nick Loris writes:
This week, the Senate will consider a concurrent resolution (S. CON. RES. 3). While the resolution will technically set the congressional budget for the United States Government for the remaining eight months of fiscal year 2017, its only functional purpose will be to produce reconciliation instructions that unlock fast track authority that Congress can then use to repeal Patient Protection and Affordable Care Act (PPACA). Separately, there is an expectation that the fiscal year 2018 budget resolution will reflect the longstanding conservative values embedded in previous GOP budgets. But to be absolutely clear, adopting S. CON. RES 3 is the only way to expedite the repeal of Obamacare.
In November, the Mercatus Center’s Brian Blase and The Heritage Foundation’s Paul Winfree, who was recently appointed Director of Budget Policy and Deputy Director of the Domestic Policy Council for The White House, laid out a “roadmap” on how to repeal Obamacare. The first step is to adopt the unpassed FY 17 budget that “include[s] instructions to the relevant committees in Congress” to repeal Obamacare. “This will set up the ability for Congress to pass a reconciliation bill repealing all the budgetary components of the ACA immediately after Trump is sworn into office,” Blase and Winfree continued.
On Monday, the Senate is expected to vote on an updated version of the 21st Century Cures Act (H.R. 34), sponsored by Rep. Fred Upton. The 21st Century Cures Act was originally a bill that provided additional funds to the National Institutes of Health (NIH) for medical research and the Food and Drug Administration (FDA) for accelerated approval of new treatments. Heritage Action key voted against the original House version of the bill in 2015. Though the original version of Cures ultimately passed the House, it was never considered by the Senate.
Now Congress has taken this legislation, which was initially a 300 page bill, and turned it into an almost 1,000 page omnibus health care spending bill. The negotiators have added pieces of a mental health bill, makes changes to Medicare Part A and B, another bill making significant changes to the federal foster care system, a “cancer moonshot” requested by Vice President Biden, additional funding for opioid abuse prevention, etc., in addition to the NIH funding and the FDA funding, for a grand total of over $6.3 billion dollars. In Washington terms, backroom negotiators have turned the Cures bill into a Christmas Tree, loaded with handouts for special interests, all at the expense of the taxpayer. Therefore, conservatives should oppose the 21st Century Cures Bill for four main reasons.
This week, the Senate will vote on a 10-week continuing resolution (H.R. 5325), which in its current form is a substitute amendment (#5082) introduced by Senate Majority Leader Mitch McConnell (R-KY) 40%. The amendment — the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act — falls far short of conservative expectations. Throughout the summer and into the fall, conservatives said Congress should ensure the length of any continuing resolution did not require a post-election session of Congress. And throughout the appropriations process, Heritage Action evaluated each individual appropriations measure on the following three criteria: 1) level of spending; 2) funding of bad programs; and 3) exclusion of conservative policy riders. Heritage Action also uses these criteria to evaluate any continuing resolution, as well as factoring in a fourth, additional, and critical criteria: length of time.
Length of Time.The current bill would allow funding to lapse on December 9, requiring a post-election lame duck session of Congress. Some will argue that bill could be worse, but requiring a lame duck session will ensure things do get worse. A recent report from The Heritage Foundation outlines the history of lame duck sessions:
It has been reported that the Senate, at the request of Sen. Roy Blunt (R-MO) 47%, may vote on the confirmation of President Obama’s nominee for Librarian of Congress, Carla Hayden, before the end of the week. With less than six months left before President Obama leaves office, there is absolutely no need for the Republican Senate to confirm Obama’s unqualified nominee to a 10 year renewable term as our nation’s Librarian of Congress, who oversees all the operations of the Congressional Research Service (CRS).
As Hans von Spakovsky, a senior legal fellow at the Heritage Foundation, has written:
“In his statement nominating Carla Hayden to become the librarian of Congress, President Obama didn’t even try to sell Dr. Hayden as a distinguished scholar, author, historian, or public intellectual. The president had no choice. Any claim that Hayden possessed credentials that match those of her distinguished predecessors over the last 40 years would have been dismissed as false.”