Weekly Roundup
From the Office of Congressman Gary G. Miller

September 16, 2011

This Week in Congress:

Resolution of Disapproval on the Debt-Limit Increase– On Wednesday, the House approved a resolution to disapprove of a scheduled $500 billion increase in the statutory debt limit, by a vote of 232-186. The Budget Control Act (BCA) authorizes Congress to consider a resolution of disapproval of the debt limit increase and provides expedited procedures for consideration of the resolution. If it is not approved in both chambers, or is vetoed by the President and the veto is not overridden, the debt limit would increase by $500 billion, for a total initial debt limit increase of $900 billion – which coincides with a $917 billion in initial spending reductions required under the BCA. If a resolution of disapproval against the increase is approved and becomes law, $400 billion (the amount of the initial debt ceiling increase) would be subject to automatic spending cuts with exceptions for Medicare, defense, veterans, and Social Security. On September 7, 2011, the Senate voted 45-52 to reject a motion to proceed to a Senate resolution of disapproval, S. J. Res 25, which had been introduced by Senate Minority Leader Mitch McConnell.

NLRB’s Boeing Ruling– On Thursday, the House approved on a 238-186 vote H.R. 2587, the Protecting Jobs from Government Interference Act, as part of House Republicans’ regulatory relief and job creation agenda. The bill would amend the National Labor Relations Act to prohibit the National Labor Relations Board (NLRB) from ordering any employer to close, relocate, or transfer employment under any circumstances. This legislation would effectively prevent the NLRB from restricting where an employer can create jobs in the United States. On April 20th, the NLRB issued a complaint against The Boeing Company for the alleged transfer of an assembly line from Washington state to South Carolina. As of this writing, not one union employee at Boeing’s Puget Sound facility has lost their job as a result of the proposed South Carolina plant. However, the NLRB is continuing to pursue a “restoration order” against the company that would cost South Carolina thousands of jobs and deter future investment and business expansion in the United States. If passed by the Senate and signed into law by the President, this bill would eliminate this extreme, punitive remedy. The bill would not change what is and is not a violation under the National Labor Relations Act, and the NLRB will continue to have other remedies to hold accountable those who violate U.S. labor laws. At a time when more than 14 million Americans are unemployed House Republicans believe that private companies should have the flexibility to develop their businesses in the state that offers the best opportunities for growth, job creation, and stability.

School Choice – This week, the House overwhelmingly voted to approve H.R. 2218, the Empowering Parents through Quality Charter Schools Act. The bill, approved on a vote of 365-54, would provide financial assistance for the planning, program design, and initial implementation of charter schools; expand the number of high-quality charter schools available to students across the nation; evaluate the impact of such schools on student achievement, families, and communities; and encourage states to provide support to charter schools for facilities financing in an amount commensurate to the amount states have typically provided for traditional public schools. In addition, the legislation would support efforts to strengthen the authorizing process for charter schools to improve performance management, including transparency, monitoring, and evaluation of such schools. H.R. 2218 authorizes $300 million per year (versus $450 million currently authorized), subject to appropriations. The Congressional Budget Office (CBO) estimates that the bill would cost $1 billion over the next five years, with no direct impact on spending or revenues.

Next Week:

Continuing Resolution – Next week, the House is expected to consider H. J. Res. 79, a continuing resolution (CR) to provide short-term appropriated funding for discretionary government operations through November 18, 2011. Under the current CR, appropriations are set to expire after September 30, 2011, the end of the fiscal year. H.J. Res 79 will continue government operations and services and allows time for Congress to complete the FY 2012 Appropriations bills that provide annual funding for the federal government. The CR would provide $1.043 trillion in appropriated funding for government operations. This is the same funding level required under strict budget caps contained in the Budget Control Act and represents a 1.4 percent cut from FY 2011. Compared to FY 2010 spending levels ($1.089 trillion), this CR represents a cut of $46 billion. The measure also includes a total of $3.65 billion in disaster relief funding. Of this disaster funding, $1 billion is designated for fiscal year 2011 and will be available immediately upon enactment of the CR, offset by a $1 billion cut to the Department of Energy’s Advanced Technology Vehicles Manufacturing Loan program. The CR also provides $2.65 billion in fiscal year 2012 for the FEMA Disaster Relief Fund for continued recovery efforts.

TRAIN Act – Also next week, the House is expected to consider H.R. 2401, the Transparency in Regulatory Analysis of Impacts on the Nation (TRAIN) Act. The bill would require a cumulative economic analysis for specific EPA rules, and specifically delay the final date for both the maximum achievable control technology (MACT) standards and the cross-state air pollution rule (CSAPR) until the full impact of the Obama Administration’s regulatory agenda has been studies. The EPA’s new MACT and CSAPR rules for utility plants will affect electricity prices for nearly all American consumers. In total, 1,000 power plants across the nation are expected to be affected by these costly rules. As a result, annual electricity bills will increase in many parts of the country by as much as 12 to 24 percent.

Items of Note:

Opposed to “Backdoor” Amnesty — In August, the Obama Administration announced that it would review on a case-by-case basis individual deportation orders for illegal immigrants. This week, Congressman Miller joined 73 of his colleagues in sending a letter to President Obama expressing their strong opposition to this policy shift, which bypasses Congress and will essentially grant amnesty to those who are here illegally. The letter also strongly encourages the Administration to enforce our current immigration laws.

Protecting American Sovereignty — In recent years, the Supreme Court has permitted international law to permeate our federal court system, citing it in their rulings and setting precedent for future cases. This week, Congressman Miller co-sponsored H.R. 973, Preventing the Misuse of Foreign Law in Federal Courts Act, to prevent U.S. federal courts from deciding on any issue based upon the authority of foreign law, unless the U.S. Constitution mandates otherwise.

H.R. 2587, Protecting Jobs from Government Interference Act

• Earlier this year, the overreaching National Labor Relations Board filed a complaint against Boeing for opening a new manufacturing plant in South Carolina, a right-to-work state and demanded that the company transfer its manufacturing operation back to Puget Sound, Washington, where its workforce is unionized.
• Despite the fact that not one union employee at Boeing’s Puget Sound facilitate has lost his or her job as a result of the South Carolina plant, the NLRB is pursuing a “restoration order” against Boeing that would cost South Carolina thousands of jobs.
• If this action is allowed to proceed, it will have a chilling impact on our nation’s job creators and deter future investment in the United States.
• It is absurd that the federal government should have the authority to dictate to private companies where they may expand their operations and create new jobs.
• At a time when 14 million Americans remain unemployed while millions more have either given up seeking work or are underemployed, the government should not be punishing job creators for growing and hiring new workers.
• The NLRB was established to ensure the fair conduct of workplace representation elections and protect workers from intimidation by labor unions and management – not to make basic business decisions for private enterprise.
• The NLRB already has a dozen enforcement tools at its disposal to hold those who engage in unfair labor practices accountable. There is no reason this federal agency should be empowered to dictate where a privately-run business may locate its workforce.
• Congress must balance its responsibility to protect workers with the urgent need to enact policies that encourage economic growth and job creation here at home.
• We must do everything possible to remove obstacles to job creation and investment in the American economy.
• H.R. 2587, the Protecting Jobs from Government Interference Act will prohibit the NLRB from ordering any company to relocate, shut down, or transfer employment under any circumstance.
• By removing this extreme penalty, this legislation will help to foster a positive environment here in America for employers to develop their businesses in the state that offers them the best opportunities for growth and job creation.
• To get our economy moving again and put Americans back to work, Washington must get out of the way and allow business owners to invest in their companies and create jobs without fear of government meddling.

Cutting Government Red Tape

• According to the Small Business Administration, the total cost of complying with various government regulations costs our economy $1.75 trillion each year – enough money for businesses to provide 17.5 million private sector jobs with an average salary of $100,000.
• Regulations impose a particular hardship on our nation’s small businesses – which have created 64 percent of all new jobs in the past 15 years.
• As of 2008, small businesses face annual regulatory costs of over $10,500 per employee – 36 percent higher than the regulatory cost facing larger firms.
• Throughout the remainder of this year, House Republicans will focus on eliminating or delaying some of the most burdensome regulations facing employers and our economy.
• These regulations will seek to reign in overreaching federal agencies from the Environmental Protection Agency to the National Labor Relations Board.
• Unnecessary rules and regulations are impeding private sector job-growth, discouraging innovation and investments, and harming our ability to compete in the global economy.
• Federal regulations stifle innovation and investment in our economy. To get Americans back to work, we must remove the yoke of red tape around the neck of our nation’s job creators.