Washington Update
Congressman Gary Miller

June 24, 2011—This Week in Congress:

 Maximizing Domestic Energy Production – On Wed., June 22, the House approved H.R. 2021, the Jobs and Energy Permitting Act of 2011, by a vote of 253-166. The legislation would eliminate needless permitting delays that have stalled important energy production opportunities off the coast of Alaska. Through several technical corrections to the Clean Air Act, the bill would eliminate uncertainty and confusion under the Act that has delayed – sometimes for years – oil exploration in the Alaskan Outer Continental Shelf and other offshore areas. The bill also eliminates the permitting back-and-forth that occurs between the Environmental Protection Agency and its Environmental Appeals Board. Rather than having exploration air permits repeatedly approved and rescinded by the agency and its review board, the EPA will be required to take final action within six months of receiving a permit application. All appeals will go to the D.C. Circuit Court for resolution because of the national implications of oil production on the Outer Continental Shelf and the need for consistency in decision-making.

 Encouraging Entrepreneurship and Growth: On Thurs., June 23, the House approved H.R. 1249, the America Invents Act, by a vote of 304-117. The bill would implement a first-inventor-to-file standard for patent approval, create a post-grant review system to weed out bad patents, and help the Patent and Trademark Office (PTO) address its backlog of patent applications. The Congressional Budget Office (CBO) estimates that enacting the bill would reduce net direct spending by $725 million and revenues by $8 million over the 2011-2021 period. Most changes in direct spending would result from providing the PTO with the authority to collect and spend certain user fees. In total, the bill’s changes would decrease budget deficits by $717 million over the 2011-2021 period.

 FAA Reauthorization: On Friday, the House approved H.R. 2279, a short-term extension of Federal Aviation Administration programs, through July 22, 2011. On Feb. 27, 2011, the Senate approved S. 232, a full FAA authorization bill by a vote of 87-8. The House approved an alternative version, H.R. 658, the FAA Reauthorization and Reform Act of 2011, by a vote of 223-196 on April 1, 2011. A conference committee is expected to report a final agreement soon for House and Senate consideration. H.R. 658 would reauthorize FAA operations and programs for four years, including the remainder of FY 2011 through FY 2014. In addition, the bill makes a number of policy changes, including a repeal of a National Mediation Board (NMB) rule allowing airline employees to unionize without a majority vote of an airline’s employees. CBO estimates that the bill would decrease direct spending by $4 billion and increase revenue by $34 million over the FY 2011 through FY 2016 period.

 Limiting U.S. involvement in Libya — Also on Friday, the House disapproved H.R. 2278, by a vote of 180-238. The resolution would have prohibited funds appropriated or otherwise available to the Department of Defense (DoD) from being obligated or expended for U.S. Armed Forces support of North Atlantic Treaty Organization (NATO) Operation Unified Protector with respect to Libya. However, exceptions to the funds limitation would have been for the following activities: search and rescue (SAR); intelligence, surveillance, reconnaissance (ISR); aerial refueling; operational planning; and non-combat missions.

 Libya Authorization — Additionally on Friday, the House disapproved H.J.Res. 68, by a vote of 123-295. This resolution would have authorized the President to continue limited use of the U.S. Armed Forces in Libya, in support of U.S. national security policy interests, as part of the NATO mission to enforce United Nations Security Council Resolution 1973 (2011).

Other Items of Note
 Cong. Miller Introduces Environmental Review Cooperation Act: Under federal law, highway projects that receive federal funding must comply with environmental standards set by the National Environmental Protection Act (NEPA). The current process adds unnecessary delays to worthy highway construction projects and wastes taxpayer dollars. Cong. Miller has introduced The Environmental Review Cooperation Act to allow states that have environmental review standards that are equal to or exceed federal requirements to apply their own environmental laws to highway projects and bypass the NEPA process. This proposal will speed up development of important projects and save taxpayer dollars without compromising current environmental protections

 District Work Period: The House of Representatives has adjourned for a district work period. The House will be back in session on Wed., July 6.

Excessive Government Regulations
 To put Americans back to work, we must remove the yoke of red tape around the neck of our nation’s job creators.
 The fact is that federal regulations stifle innovation and investment in our economy by increasing the cost of doing business.
 Federal regulations serve as a de facto tax on employers, forcing them to divert resources that could otherwise be used to expand their businesses to comply with government mandates.
 With the U.S. economy struggling, and families hard-pressed to make ends meet, the costs of regulations on our economy have never been more significant.
 According to a recent study, 43 major regulations were enacted in Fiscal Year 2010 alone, at a total economic cost of $26.5 billion.
 The costs of excessive regulations are particularly burdensome on our nation’s small businesses.
 The Small Business Administration reports that the average small business with fewer than 20 employees faces a cost each year directly attributed to federal regulations of over $10,000 per worker they employ.
 Just imagine the positive impact on job creation nationwide if small businesses had these funds available to them to expand their business, invest in new products and services, or hire new employees.
 Over the past two years the Obama Administration has promulgated 121 major regulations, with many more still under consideration.
 Furthermore, his $2.6 trillion government overhaul of our nation’s health care system has alone added 6,123 pages of new federal regulations since it was enacted nine months ago, while 243 new rulemakings are expected from the Democrats’ Dodd-Frank financial bill.
 Real, sustainable job growth comes from the private sector, not government spending and interference.
 It is time for Washington to get out of the way and tear down these obstacles to job creation.

Spending and the National Debt
 On Wednesday, the Congressional Budget Office (CBO) released a report showing just how dire our nation’s looming debt crisis is unless action is taken to stop out-of-control federal spending.
 The CBO projects that government spending as a share of the economy will increase by nearly 70 percent between now and 2035 – up dramatically from the historical average of 20 percent.
 As a result of massive unchecked federal spending – driven primarily by entitlement programs – the U.S. debt could amount to 190 percent of the nation’s economy by 2035.
 The CBO projection also affirms the failure of Obamacare to curb the cost of health care. The agency projects that mandatory federal spending on health care will increase by 86 percent by 2035.
 To get our economy back on track and give the private sector the confidence it needs to create new jobs, Congress must act now to cut excess federal spending and implement meaningful budget reforms that will get our debt under control.
 House Republicans have negotiated in good faith with the Vice President in meetings to identify spending cuts that exceed the amount of the Obama Administration’s request for a debt limit increase.
 Democrats insist that any deal must include tax increases – which are not supported by the American people and will not receive support in the House.
 This week, key Senate Democrats called for even more government spending as a part of the negotiations.
 This country does not need another failed trillion-dollar stimulus plan. No nation can spend, tax, or borrow its way to job creation and economic prosperity.
 To create jobs and put our nation’s fiscal house back in order, we must not enable the Administration to continue to borrow trillions of dollars for our children and grandchildren to repay without implementing measures that will prevent future government overspending, including sending to the states a balanced budget amendment.
 We are not in this situation because taxes are too low. The problem is Washington’s addiction to spending.
 The solution for reviving our economy is straightforward: cut wasteful spending to help the economy grow.