Healthcare

The House Ways & Means Committee on Thursday will markup a bill that would repeal language in last year's healthcare law that requires companies to report goods and services transactions valued above $600 to the IRS.

The committee was expected to move ahead with a bill this week at some point. The Senate has passed so-called "1099 repeal," but did so as part of the Federal Aviation Administration (FAA) authorization bill. It is not clear whether the House would attach its own 1099 repeal to FAA legislation; if it does not, that could complicate passage, since the House and Senate will need to agree on identical language before it can become law.

A Republican lawmaker has asked the administration to not implement the healthcare law because of a Florida court decision.

The broad desire in Congress to repeal widely hated tax reporting language in last year's healthcare law may yet run into a procedural hurdle in the coming weeks: the House/Senate reconciliation process.

According to a committee spokesman, the House Ways & Means Committee intends to mark up legislation next week to repeal the so-called 1099 language. That language requires companies and other entities to file 1099 forms with the IRS for all goods and services transactions valued at $600 or more.

But while a Ways & Means markup will move the repeal bill along, it's not yet clear whether the bill would move on its own, or be attached to some other bill.

D.C. Delegate Eleanor Holmes Norton (D) became visibly emotional on the House floor Tuesday as she decried Republicans' plan to ban the use of all federal funds for abortion and count funding for the District of Columbia as "federal funds."

"Get out of our affairs," said Holmes while raising her voice. "You have enough to attend to here."

Washington, D.C., is a federal city, according to the Constitution. As such, a bill that is working its way through the Judiciary Committee that would ban the use of federal funds for abortion would cover D.C. monies. The measure is backed by Republican leadership.

But Norton argued in her speech that the use of funds that come from the residents of D.C. should be determined by the people, not the Congress.

"Don't cross the line between democracy and autocracy and dictate to a local jurisdiction how to spend its own local funds, which you had nothing to do with raising," said Norton.

Norton was replying in part to a hearing on the No Taxpayer Funding for Abortion Act held by the House Judiciary subcommittee on the Constitution on Tuesday. Norton had petitioned the subcommittee to testify on behalf of the District, but her request was denied.

"Shame on the Judiciary subcommittee," said Norton on the House floor in response to her denial. "What are you afraid of?"

"Our new bill is designed to permanently end any U.S. government financial support for abortion whether it be direct funding or by tax credits or any other subsidy," Rep. Christopher Smith (R-N.J.) said as he explained the bill last month.

The continuing resolution (CR) pushed by Republicans in coming months will attempt to "preclude" funding for Democrats' healthcare legislation, Majority Leader Eric Cantor (R-Va.) told reporters Tuesday afternoon.

"I expect to see, in one way or another, the product coming out of the House ... to preclude any funding to be used for" the healthcare reform law, said Cantor.

The CR is expected to fund the government for the 2011 fiscal year.

Many Republicans have vowed to rollback the sweeping changes in Democrats' landmark healthcare bill since the day it was signed into law by President Obama. A bill to do that has already passed the House but was stopped in the Senate late last month. Defunding the bill through the appropriations process is one of several strategies Republicans are pursuing to prevent full enactment of the bill.

In his weekly session with reporters Cantor also offered other clues on Republican's upcoming agenda.

On the CR, Cantor said Republicans would adhere to regular order and that all members who have amendments would have a chance to present them.

On repeal of the 1099 section of the healthcare law, which the Senate voted to repeal in an amendment to the Federal Aviation Administration authorization bill last week, Cantor noted that it is working its way through committees by regular order in the House.   He said he expects it to hit the floor in a “relatively short time.”

On the Patriot Act extension, which the House will vote on Tuesday night, Cantor signaled he expected a extension to be enacted through Dec. 8.

Legislation that would allow states to obtain an earlier waiver from last year's healthcare law cleared a procedural hurdle last night, bringing it one step closer to possible consideration on the Senate floor.

The Senate agreed by unanimous consent that the Senate Health, Education, Labor and Pensions Committee is discharged from considering the Empowering States to Innovate Act (S. 248), and that the bill is referred to the Senate Finance Committee for further consideration.

The bill would allow states to get a waiver as early as 2014 from certain elements of the healthcare law, such as the individual mandate, the employer penalty for not providing coverage, federal standards that healthcare plans must meet, and the requirement to create health insurance exchanges.

Under last year's healthcare law, states can apply for this waiver in 2017. But S. 248, sponsored by Sens. Ron Wyden (D-Ore.), Scott Brown (R-Mass.) and Mary Landrieu (D-La.), would let states apply for the waiver in 2014.

Wyden and Brown introduced similar legislation late last year, and both see it as a way of giving states an option to develop their own healthcare policies outside federal requirements approved last year. But Republicans continue to focus on repealing the healthcare law, and Brown is so far the only Republican to co-sponsor Wyden's bill in this Congress and the last Congress.

Sen. Joe Manchin (D-W.Va.) affirmed his independence from President Obama and the Democratic Party on Thursday, criticizing the federal government for its excesses in his maiden speech on the Senate floor. 

"America's manufacturing sector is dominated by the cruel irony of rules and regulation that make it easier to create jobs abroad than in the United States," Manchin said. "Madam President, West Virginians are not asking for a handout. We're asking for a work permit."

Manchin singled out the Environmental Protection Agency for criticism in his speech. The agency is set to impose limits on greenhouse gases that could have a large impact on coal producers in West Virginia.

"I believe it is fundamentally wrong for any bureaucratic agency, including the EPA, to regulate what has not been legislated," he said.

Manchin also rapped Congress for letting the federal deficit get out of hand.

“This is what I learned growing up in West Virginia: When things are tough, we don’t back down," he said. "When we are having a trouble paying out bills, we don’t think of spending more money.”

Manchin’s speech, which he touted as a look at his “common-sense agenda,” was heavy with references to West Virginia's role as the nation’s primary coal producer.

"I am very proud of the critical role West Virginians play in providing energy to our nation," said Manchin. "I imagine the light in this very chamber would be a little bit dimmer if not for West Virginia and its coal."

Immediately following the speech, which started at 3 p.m. and lasted for about 20 minutes, party leaders rose to lavish Manchin with accolades.

"You have just heard a classic Joe Manchin speech," said Jay Rockefeller (D-W.Va.), the senior senator from West Virginia. "It’s full of optimism, strength, and common purpose."

"I too want to join in accolades for the senator for West Virginia," said Sen. Chuck Schumer (D-N.Y.) "He is just a wonderful guy and he is doing a wonderful job here already."

Senate Commerce Committee Chairman Jay Rockefeller (D-W.Va.) on Thursday indicated that consideration of the Federal Aviation Administration (FAA) authorization bill is being delayed because Democrats haven't proposed their amendments to the bill yet.

"Democrats aren't coming forward with them," Rockefeller said on the floor just before noon. He added that Republicans have come forward with their amendments, but "the Democrats really aren't doing our part."

Rockefeller said that as manager of the bill, S. 223, he is continuing to work on an agreement on which amendments will be considered. He said many would likely be able to be approved quickly by voice vote, such as one from Sen. Sheldon Whitehouse (D-R.I.) that would make it a crime to aim laser pointers at aircraft.

The Senate Wednesday voted to repeal controversial language in last year's healthcare act that requires companies to report for each vendor goods and services transactions worth $600 or more to the IRS.

The Senate voted in favor of an amendment to the Federal Aviation Administration authorization bill that would eliminate the tax language. The amendment was offered by Sen. Debbie Stabenow (D-Mich.), and was similar to a Republican proposal from Sen. Mike Johanns (R-Neb.) that had 61 Senate co-sponsors.

The Senate is expected to vote Wednesday night on two healthcare amendments to the Federal Aviation Administration (FAA) authorization bill, but is likely to delay consideration of other amendments to the FAA bill, possibly until next week. Senate aides said this is the current expectation, but cautioned that the Senate schedule is still very fluid and is subject to change.

Senate Republicans will get their vote on healthcare repeal tonight, although it is not expected to pass. Democrats are also putting up a "1099" repeal amendment as an alternative that is very similar to a Republican proposal. Both parties support the elimination of language in the healthcare law that requires small companies to report small goods and services transactions to the IRS.

Senate leaders and the chairman and ranking member of the Senate Commerce Committee are continuing to work on how to handle the several other amendments to the FAA bill. More than a dozen amendments had been filed as of yesterday, and more were filed today.

For example, Sen. Pat Toomey (R-Pa.) today filed an amendment that would require the Treasury Department to pay principal and interest on debt before making other payments, in the event that the current debt limit is reached. Many others have been filed that relate to the FAA authorization bill.

Aides said Senate leaders are likely to continue accepting amendments to the FAA bill this week before deciding which ones to put up for a vote.