The Week Ahead in Congress: April 13 – 17

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From our Hill Sources: Congress returns from recess in time for spring! And the cherry blossom trees are in full bloom—as is allergy season! House Majority Leader Kevin McCarthy (R-CA) released a memo outlining the House Republican agenda for April, which includes “tax freedom and financial independence.” Meanwhile, the Senate will consider the recurring issue of Medicare Sustainable Growth Rate (SGR) payments for doctors and the “doc fix,” as well as Congressional review of an agreement with Iran and possibly a bill addressing human trafficking.

Congressional Review on an Iran Nuclear Deal

The Senate Foreign Relations Committee will vote Tuesday, April 14, on whether to require Congressional review of a nuclear deal with Iran. The Committee Chairman, Senator Bob Corker (R-TN), believes “the American people, through their elected representatives, must have the opportunity to weigh in to ensure any final deal truly can eliminate the threat of Iran’s nuclear program and hold the regime accountable.” 

Iran Nuclear Agreement Review Act (S 615)

Sponsor: Sen. Bob Corker (R-TN) —Bipartisan— Requiring congressional review of any comprehensive nuclear agreement with Iran, according to the bill sponsors. “Would mandate the President submit the text of any agreement to Congress and prohibit the Administration from suspending Congressional sanctions for 60 days. During that period, Congress would have the opportunity to hold hearings and approve, disapprove or take no action on the agreement.” (Read bill text)

From our Hill Sources: Senator Corker (R-TN), the bill sponsor, was one of seven Republican Senators who did not sign a controversial letter to Iran’s leaders warning that Congress could invalidate any nuclear agreement. And last week, President Obama telephoned Senator Corker “to talk to him about the commitments that Iran had made,” according to White House Press Secretary Josh Earnest. “The President said to him what he has said publicly, which is that he certainly has a lot of respect for the way that Chairman Corker has approached the situation; they have obvious differences. But the President made the case to him once again that the President believes that this principled approach to diplomacy is the best way for us to prevent Iran from obtaining a nuclear weapon. The conversation was not an opportunity for the two men to negotiate the terms of any sort of legislation, but rather just an opportunity for the President to speak directly to the chairman to underscore his view about the opportunity that now exists.” 

"Restoring Trust in the IRS"

According to House Majority Leader McCarthy’s memo to House Republicans, the House will consider two bills to “make sure Americans keep more of their hard earned money”:

Death Tax Repeal Act (HR 1105)

Sponsor: Rep. Kevin Brady (R-TX) —Bipartisan— “Will finally end the death tax and ensure fairness for all family businesses,” according to the House Ways and Means Committee

State and Local Sales Tax Deduction Fairness Act (HR 622)

Sponsor: Rep. Kevin Brady (R-TX) —Bipartisan— To make permanent the taxpayer election to deduct state and local general sales taxes in lieu of state and local income taxes.

In addition, House Majority Leader McCarthy said the House will vote on a series of bills that “will begin the process of restoring trust in the IRS, increasing transparency, fairness, and accountability”:

Taxpayer Bill of Rights Act (HR 1058)

Sponsor: Rep. Peter Roskam (R-IL) “Would ensure that taxpayers dealing with the IRS have the right to be informed and assisted, the right of appeal and the right to confidentiality, among others,” according to the bill sponsor.

IRS Email Transparency Act (HR 1152)

Sponsor: Rep. Kenny Marchant (R-TX) “Would legally prohibit IRS officers and employees from using personal email accounts for official business,” according to the bill sponsor

Taxpayer Knowledge of IRS Investigations Act (HR 1026)

Sponsor: Rep. Mike Kelly (R-PA) Would amend the tax code to permit the release of certain information regarding the status of ongoing investigations related to the improper disclosure of taxpayer information by employees of the Internal Revenue Service (IRS). Under Section 6103 of the Internal Revenue Code, it is currently a felony for an IRS official to disclose such information to the public or to another government agency, which bars victims of wrongful IRS leaks from knowing the status of their no-longer private information,” according to the bill sponsor

Ensuring Tax Exempt Organizations the Right to Appeal Act (HR 1314)

Sponsor: Rep. Patrick Meehan (R-PA) Amends the Internal Revenue Code to require the Department of the Treasury to prescribe regulations for allowing a tax-exempt organization to request an administrative appeal to the Internal Revenue Service Office of Appeals of an adverse determination, made on or after May 19, 2014, with respect to: (1) the initial or continuing qualification of such organization as tax-exempt, or (2) the initial or continuing classification of such organization as a private foundation or a private operating foundation.

IRS Bureaucracy Reduction and Judicial Review Act (HR 1295)

Sponsor: Rep. George Holding (R-NC) "The IRS has a troubled track record when it comes to approving organizations to operate as a 501(c)4, often forcing groups to wait months or even years to gain tax-exempt status. These indefinite delays, particularly when motivated by dislike for the groups’ views, make it impossible for these organizations to become operational in a timely manner—or, in some cases, ever. My bill will streamline this burdensome IRS process by allowing groups to declare their tax-exempt status rather than wait for endless amounts of time to gain approval,” according to the bill sponsor

Prevent Targeting at the IRS Act (HR 709)

Sponsor: Rep. James Renacci (R-OH) —Bipartisan— "Authorizes the IRS to terminate employees who target individuals based on their political beliefs," according to the bill sponsor

Fair Treatment for All Gifts Act (HR 1104)

Sponsor: Rep. Peter Roskam (R-IL) To provide a deduction from the gift tax for gifts made to certain exempt organizations.

Contracting and Tax Accountability Act (HR 1562)

Sponsor: Rep. Jason Chaffetz (R-UT) —Bipartisan— To prohibit the awarding of a contract or grant in excess of the simplified acquisition threshold unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that the contractor or grantee has no seriously delinquent tax debts.

Federal Employee Tax Accountability Act (HR 1563)

Sponsor: Rep. Jason Chaffetz (R-UT) “Makes individuals with seriously delinquent tax debts ineligible for federal employment,” according to the House Oversight Committee

“Financial Independence”

According to the House Majority Leader’s memo to House Republicans, another priority for April is a “a series of bills to promote a healthier economy, preserve consumer choice and help our fellow Americans achieve the dream of financial independence”:

Capital Access for Small Community Financial Institutions Act (HR 299)

Sponsor: Rep. Steve Stivers (R-OH) “Would provide regulatory relief for small, community-based enterprises in an effort to boost the housing market. Purchasing a home is an important part of the American dream,” according to the bill sponsor. “With the continued stagnation in the housing market, I believe it is important to ensure all credit unions have the liquidity and ability to make home loans to their members.” 

Helping Expand Lending Practices in Rural Communities Act (HR 1259)

Sponsor: Rep. Garland Barr (R-KY) —Bipartisan— “Would provide individuals in rural areas the right to petition for the area to be properly reclassified as “rural” and relieve local community banks and credit unions from burdensome regulations that unfairly limit their ability to lend and help create jobs in their communities,” according to bill sponsors.  

Bureau Advisory Commission Transparency Act (HR 1265)

Sponsor: Rep. Sean Duffy (R-WI) Amends the Consumer Financial Protection Act of 2010 to apply the Federal Advisory Committee Act to each advisory committee and subcommittee of the Consumer Financial Protection Bureau.

Eliminate Privacy Notice Confusion Act (HR 601)

Sponsor: Rep. Blaine Luetkemeyer (R-MO) —Bipartisan— “Would eliminate the current requirement that financial institutions have to mail all customers annual privacy notices explaining information sharing practices even when a financial institution’s privacy policies have not changed. This legislation would require banks and credit unions to provide information to customers only if privacy policies have in fact changed at their financial institutions,” according to the bill sponsor

Applying the Expedited Funds Availability Act to American Samoa and the Northern Mariana Islands (HR 1367)

Sponsor: Rep. Aumua Amata Coleman Radewagen (R-AS) Amends the Expedited Funds Availability Act to apply it to American Samoa and the Commonwealth of the Northern Mariana Islands. Extends by two business days, for American Samoa and the Commonwealth, any time periods established for large or redeposited check, repeated overdraft, reasonable cause, or other emergency exceptions to the 30-day funds availability requirements for deposits in an depository institution account by a new depositor.

Preserving Access to Manufactured Housing Act (HR 650)

Sponsor: Rep. Stephen Fincher (R-TN) —Bipartisan— Amends the Truth in Lending Act to revise the exclusion from the meaning of "mortgage originator" of any employee of a retailer of manufactured homes who does not for compensation or gain take residential mortgage loan applications, for compensation or gain offer or negotiate terms of a residential mortgage loan, or advise a consumer on loan terms (including rates, fees, and other costs).

Mortgage Choice Act (HR 685)

Sponsor: Rep. Bill Huizenga (R-MI) —Bipartisan— Amends the Truth in Lending Act with respect to requirements for disclosure to a consumer of points and fees information about a consumer credit transaction, secured by the consumer's principal dwelling, but which is not a residential mortgage transaction, a reverse mortgage transaction, or a transaction under an open end credit plan, when the total points and fees the consumer must pay at or before closing will exceed 8% of the total loan amount or $400, whichever is greater.

Bureau of Consumer Financial Protection Advisory Boards Act (HR 1195)

Sponsor: Rep. Robert Pittenger (R-NC) To direct the Director of the Consumer Financial Protection Bureau (CFPB) to establish a Small Business Advisory Board to: (1) advise and consult with the CFPB in the exercise of its functions under the federal consumer financial laws regarding eligible financial products or services, and (2) provide information on evolving small business practices.

SAFE Act Confidentiality and Privilege Enhancement Act (HR 1480)

Sponsor: Rep. Robert Dold (R-IL) —Bipartisan— “Provides assurance for financial institutions that privileged information shared between federal banking regulators and state regulatory agencies will be protected and remain confidential.

Human Trafficking Legislation and the Attorney General’s Confirmation

The Senate may also pick up its work on a bill to combat human trafficking, which stalled last month.

Justice for Victims of Trafficking Act (S 178)

Sponsor: Sen. John Cornyn (R-TX) —Bipartisan— “Would empower law enforcement to further crack down on human traffickers in communities across the country while bringing about greater restitution and justice for victims. In addition to law enforcement provisions, the Justice for Victims of Trafficking Act helps victims rebuild their lives by using fines and penalties against perpetrators to improve the availability of restitution and witness assistance funds,” according to bill sponsors. (Bill text)

From our Hill Sources: The bipartisan bill, which was expected to pass without issue, hit a snag when Democrats noticed that it contained a provision extending the "Hyde Amendment" prohibition on using federal taxpayer funds for abortion-related services to the Domestic Trafficking Victims’ Fund created by the bill. This would be a departure from past Hyde Amendment practice because fines imposed on traffickers, not federal taxes, finance the fund. While the Hyde amendment language was included in the bill that passed the Judiciary Committee in a bipartisan vote, Democrats said that it was not listed in the summary of changes they were provided and it went unnoticed.

Senate Majority Leader Mitch McConnell (R-KY) has indicated that a vote on Attorney General nominee, Loretta Lynch's, confirmation will not move forward until work on the human trafficking bill is completed. President Obama had nominated Lynch, a federal prosecutor, in November, and the Senate Judiciary Committee approved her nomination in February.

Doc Fix Vote in the Senate

Before leaving for recess, the House approved legislation to address the recurring issue of the Medicare Sustainable Growth Rate (SGR) payments for doctors as part of a larger package, which also funds the Children’s Health Insurance Program (CHIP) and extends all of the Medicare extenders and funding for Community Health Centers through 2017. Senate Majority Leader Mitch McConnell (R-KY) decided not to advance the bill until after recess. Now the Senate must pass it by April 15 to prevent a 21 percent cut to Medicare payments to doctors.

Medicare Access and CHIP Reauthorization Act (HR 2)

Sponsor: Rep. Michael Burgess (R-TX) —Bipartisan— Repeals the flawed SGR formula and replaces it with HR 1470, the bicameral, bipartisan agreement that moves the Medicare payment system toward improved value and returns stability to physician payments; Preserves and extends CHIP, fully funding the program through Sept. 30, 2017; Extends all of the extenders included in the Protecting Access to Medicare Act of 2014 (PAMA, the most recent SGR patch) in addition to funding for Community Health Centers through 2017. Also includes two bipartisan Medicare bills, Medicare DMEPOS Competitive Bidding Improvement Act (HR 284), which makes modifications to the Medicare durable medical equipment, prosthetics, orthotics, and supplies competitive acquisition program; and the Protecting Integrity in Medicare Act (HR 1021), which strengthens Medicare’s ability to fight fraud and builds on existing program integrity policies. (Read bill text)


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