Verona In Washington: ACA Repeal, North Korean Sanctions

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This week, Verona’s congressman Rep. Rodney Frelinghuysen (R-11) voted to approve the American Health Care Act (AHCA), the measure that replaces the Affordable Care Act passed under President Obama, though Verona’s senators signalled that they will put up a stiff fight to approval by the U.S. Senate. 

In announcing his vote for the AHCA, Frelinghuysen said in a statement that the measure “…protects those with pre-existing conditions and restores essential health benefits.” The AHCA does not list conditions that will not be covered but it allows states to stop requiring coverage for things such as maternity care and emergency-room visits and it allows insurers to charge people who have a pre-existing condition more for their coverage. New Jersey Policy Perspective, an advocacy group, estimates that up to 3.3 million New Jerseyans with pre-existing conditions would no longer be guaranteed affordable health coverage under the Republican plan.

In other action, there was bipartisan consensus to approve an appropriations act to fund the government through the remainder of fiscal 2017, averting a government shutdown. The House also voted almost unanimously to expand the president’s authority to impose sanctions on anyone who violates U.N. Security Council resolutions on North Korea.

The House is not in session next week, although the Senate is. Rep. Rodney Frelinghuysen (R-11),  will be hosting another Telephone Town Hall. Constituents can register to participate through the button on the right-hand side of Frelinghuysen’s website or by calling one of his offices, 973-984-0711 or 202-225-5034 to be put on the call list. Frelinghuysen’s office has not announced the date or time of the virtual town hall.

“Verona In Washington” is a weekly column summing up the activity of Verona’s representatives in Congress. Here are the legislative actions by Verona’s federal representatives, both major and procedural, during the week of May 1-5:

May 1, 2017 — Introduced
S. 999: A bill to amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer Continental Shelf in the Mid-Atlantic, South Atlantic, North Atlantic, and Straits of Florida planning areas.
Sponsor: Sen. Robert “Bob” Menéndez [D-NJ]
This bill was referred to the Senate Committee on Energy and Natural Resources which will consider it before sending it to the Senate floor for consideration.

Motion to Invoke Cloture on the Nomination of Jay Clayton, of New York, to be a Member of the Securities and Exchange Commission: Jay Clayton, of New York, to be a Member of the Securities and Exchange Commission for a term expiring June 5, 2021
Cloture Motion Agreed to 60/36
Sen. Booker [D-NJ]: Nay
Sen. Menéndez [D-NJ]: Nay

May 1, 2017 6:54 p.m. — Vote
H.R. 910: Fair Access to Investment Research Act of 2017
Passed 405/2
Rep. Frelinghuysen [R-NJ11]: Yea
H.R. 910 establishes a safe harbor that would allow broker-dealers to issue research reports that cover Exchange Traded Funds (ETFs), so that these reports are not considered “offers” under the securities law. The research reports would need to meet certain requirements to be eligible for this safe harbor. Under current law, such reports would be considered an offering for sale and the broker or dealer would be required to file a registration statement with the SEC for that offering.
An Exchange Traded Fund (ETF) is a marketable security that tracks a stock index, a commodity, bonds, or a basket of assets like an index fund. Unlike mutual funds, an ETF trades like a common stock on a stock exchange …

May 1, 2017 7:04 p.m. — Vote
a href=”https://www.govtrack.us/congress/votes/115-2017/h238″ target=”_blank”>H.R. 1312: Small Business Capital Formation Enhancement Act
Passed 406/0
Rep. Frelinghuysen [R-NJ11]: Yea
Since 1982, the SEC has hosted an annual government-business capital formation forum to review concerns of small business called the “SEC Government-Business Forum on Small Business Capital Formation,” (“Forum”) as mandated by the Small Business Investment Incentive Act of 1980. The main focus of the Forum is to provide a platform to highlight perceived unnecessary impediments to small business capital formation and address whether they can be eliminated or reduced. Each Forum seeks to develop recommendations for government and private action to improve the environment for small business capital formation, consistent with other public policy goals, including investor protection.

May 1, 2017 7:11 p.m. — Vote
H.R. 657: Follow the Rules Act
Passed 407/0
Rep. Frelinghuysen [R-NJ11]: Yea
H.R. 657 extends whistleblower protections for federal employees who refuse to violate rules and regulations. The Whistleblower Protection Act (WPA) generally provides protections for federal employees who make disclosures evidencing illegal or improper government activities. In order to trigger the protections of the WPA, a case must contain the following elements: a “personnel action” that was taken because of a “protected disclosure” made by a “covered employee.”
Recently, a Federal court ruled that the WPA safeguards federal workers against employment retaliation for refusing orders to violate Federal law, but those same safeguards do not apply to employees who refuse to violate rules and regulations. An example can include the following: Consider sanctions against North Korea which Congress directed the …

May 2, 2017 2:29 p.m. — Vote
On Ordering the Previous Question: H.Res. 299: Providing for consideration of the bill (H.R. 1180) to amend the Fair Labor …
Passed 233/190
Rep. Frelinghuysen [R-NJ11]: Yea

May 2, 2017 2:37 p.m. — Vote
H.Res. 299: Providing for consideration of the bill (H.R. 1180) to amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector; providing for proceedings during the period from May 5, 2017, through May 15,
Passed 231/193
Rep. Frelinghuysen [R-NJ11]: Aye

May 2, 2017 2:49 p.m. — Vote
H.R. 1679: FEMA Accountability, Modernization and Transparency Act of 2017
Passed 419/0
Rep. Frelinghuysen [R-NJ11]: Yea
H.R. 1679 requires the Federal Emergency Management Agency (FEMA) to ensure its ongoing efforts to modernize its grant management system, provide secure online access to applicants, and include robust accessibility and transparency measures. Specifically, FEMA’s modernization efforts shall include an online interface where applicants can complete forms, submit materials and access the status of applications, as well as include mechanisms to eliminate the duplication of benefits and enable the sharing of information among agencies with state and local governments, where appropriate.

May 2, 2017 5:17 p.m. — Vote
On Motion to Recommit with Instructions: H.R. 1180: Working Families Flexibility Act of 2017
Failed 192/234
Rep. Frelinghuysen [R-NJ11]: Nay

May 2, 2017 5:23 p.m. — Vote
On the Nomination PN47: Jay Clayton, of New York, to be a Member of the Securities and Exchange Commission for a term expiring June 5, 2021
Nomination Confirmed 61/37
Sen. Booker [D-NJ]: Nay
Sen. Menéndez [D-NJ]: Nay

May 2, 2017 5:25 p.m. — Vote
H.R. 1180: Working Families Flexibility Act of 2017
Passed 229/197
Rep. Frelinghuysen [R-NJ11]: Aye
H.R. 1180 amends the Fair Labor Standards Act (FLSA) to give private-sector employees the option of selecting compensatory time off in lieu of cash for overtime wages. An employee will be able to choose, based upon a voluntary agreement with his or her employer, to have his or her overtime compensated with paid time off. This option has been available for federal, state, and local governments for many years.
The legislation does not change the 40-hour work week and does not change the rate of compensation of non-exempt employees. The legislation provides employees strong protections against the coercive use of compensatory time.

May 2, 2017 5:34 p.m. — Vote
On Approving the Journal
Passed 237/176
Rep. Frelinghuysen [R-NJ11]: Not Voting

May 3, 2017 10:43 a.m. — Vote
Motion to Proceed on H.J.Res. 66: Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by States for non-governmental employees.
Motion to Proceed Agreed to 51/48
Sen. Booker [D-NJ]: Nay
Sen. Menéndez [D-NJ]: Nay

May 3, 2017 2:01 p.m. — Vote
On Ordering the Previous Question: H.Res. 305: Providing for consideration of the Senate amendments to the bill (H.R. 244) to …
Passed 231/192
Rep. Frelinghuysen [R-NJ11]: Yea

May 3, 2017 2:14 p.m. — Vote
H.Res. 305: Providing for consideration of the Senate amendments to the bill (H.R. 244) to encourage effective, voluntary investments to recruit, employ, and retain men and women who have served in the United States military with annual Federal awards to
Passed 240/186
Rep. Frelinghuysen [R-NJ11]: Aye

May 3, 2017 2:22 p.m. — Vote
H.R. 1665: Disaster Declaration Improvement Act
Passed 425/0
Rep. Frelinghuysen [R-NJ11]: Aye
H.R. 1665 requires the Federal Emergency Management Agency (FEMA) to give greater weight and consideration to severe localized impact when making a recommendation to the President for a major disaster declaration.
Under current law, FEMA considers the extent of both statewide and localized damage when determining whether to recommend that the President issue a major disaster declaration. This legislation would require the Administrator to give greater weight to the impact on such areas before a recommendation is made.

May 3, 2017 4:19 p.m. — Vote
H.R. 244: Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017
Passed 309/118
Rep. Frelinghuysen [R-NJ11]: Yea
This vote was on the Consolidated Appropriations Act, 2017, which would fund the government through the remainder of fiscal year 2017, that is, through the end of September 2017.
Prior to this vote, this bill, H.R. 244, was the Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017. With this vote, the House replaced the text of H.R. 244 with the text of the appropriations bill.

May 3, 2017 4:28 p.m. — Vote
H.R. 1678: To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act concerning the statute of limitations for actions to recover disaster or emergency assistance payments, and for other purposes.
Passed 423/0
Rep. Frelinghuysen [R-NJ11]: Aye
H.R. 1678 re-establishes a three year statute of limitations on actions to recover Federal Emergency Management Agency (FEMA) grants provided to state or local governments following a declared disaster. This limitation does not apply in situations where there is evidence of fraud, waste, or abuse.
The Robert T. Stafford Emergency Relief and Disaster Assistance Act (Stafford Act) authorizes the President to issue declarations for incidents ranging from destructive, large-scale disasters to more routine, less damaging events. Under the Stafford Act, the costs of response and recovery efforts are usually split between the state and the federal government, provided that the federal share shall be at least 75 percent.

May 3, 2017 4:41 p.m. — Vote
On Approving the Journal
Passed 236/178
Rep. Frelinghuysen [R-NJ11]: Aye

May 3, 2017 5:11 p.m. — Vote
H.J.Res. 66: Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by States for non-governmental employees.
Joint Resolution Passed 50/49
Sen. Booker [D-NJ]: Nay
Sen. Menéndez [D-NJ]: Nay
H.J.Res. 66 disapproves and nullifies the rule issued by the Department of Labor on August 30, 2016, establishing a “safe harbor” from the Employee Retirement Income Security Act for government-run IRAs managed by states for private sector workers.
Under the final rule, states will not have to comply with the fiduciary oversight and other protections of ERISA that ensure that workers’ savings are available to provide a secure retirement. In addition, the rule will result in overlapping and inconsistent requirements for employers operating in multiple states, disregarding ERISA’s statutory preemption of state laws affecting employee benefit plans.

May 3, 2017 — Introduced
H.Con.Res. 53: Providing for a correction in the enrollment of H.R. 244.
Sponsor: Rep. Rodney Frelinghuysen [R-NJ11]
This resolution is in the first stage of the legislative process. It will typically be considered by committee next.

May 4, 2017 10:55 a.m. — Vote
On Ordering the Previous Question: H.Res. 308: Providing for consideration of the bill (H.R. 2192) to amend the Public Health …
Passed 235/193
Rep. Frelinghuysen [R-NJ11]: Yea

May 4, 2017 11:03 a.m. — Vote
H.Res. 308: Providing for consideration of the bill (H.R. 2192) to amend the Public Health Service Act to eliminate the non-application of certain State waiver provisions to Members of Congress and congressional staff, and providing for further considera
Passed 235/192
Rep. Frelinghuysen [R-NJ11]: Aye

May 4, 2017 11:10 a.m. — Vote
On Approving the Journal
Passed 233/186
Rep. Frelinghuysen [R-NJ11]: Yea

May 4, 2017 1:46 p.m. — Vote
H.R. 244: Consolidated Appropriations Act, 2017
Motion Agreed to 79/18
Sen. Booker [D-NJ]: Yea
Sen. Menéndez [D-NJ]: Yea
In May 2017, this bill became the vehicle for passage of the Consolidated Appropriations Act of 2017, the bill that would fund the government for the remainder of fiscal year 2017, that is, through the end of September 2017. This was the Senate final vote on passage of the funding bill.

May 4, 2017 2:10 p.m. — Vote
H.R. 2192: To amend the Public Health Service Act to eliminate the non-application of certain State waiver provisions to Members of Congress and congressional staff.
Passed 429/0
Rep. Frelinghuysen [R-NJ11]: Yea
This bill has been proposed to be passed in tandem with the American Health Care Act (AHCA), the bill that would replace the Affordable Care Act (aka Obamacare). In order to meet the requirements of the budget reconciliation process so that the AHCA is not subject to the Senate filibuster, the AHCA exempt Members of Congress from some changes to the health care law. This bill, H.R. 2192, removes those exemptions so that Members of Congress face the same health care options as other Americans.
https://policy.house.gov/legislative/bills/hr-2192-amend-public-health-service-act-eliminate-non-application-certain-state

May 4, 2017 2:18 p.m. — Vote
H.R. 1628: American Health Care Act of 2017
Passed 217/213
Rep. Frelinghuysen [R-NJ11]: Aye
The American Health Care Act of 2017 (AHCA), H.R. 1628, is the House Republicans’ leading proposal to “repeal and replace” the Affordable Care Act (aka Obamacare, but we’ll abbreviate it ACA) and “defund” Planned Parenthood.
Update – May 4, 2017
A new deal among the Republican factions was reached. The changes to the AHCA, as reported by the Rules committee, are:

  • States may opt-out of providing the ACA’s essential health benefits. (This requirement was already dropped in the bill for Medicaid but not for the individual market.)
  • States may opt-out of requiring premiums to be the same for all people of the same age, so while individuals with pre-existing conditions must be offered health insurance there is no …

May 4, 2017 2:29 p.m. — Vote
H.R. 1644: Korean Interdiction and Modernization of Sanctions Act
Passed 419/1
Rep. Frelinghuysen [R-NJ11]: Yea
H.R. 1644 amends the North Korea Sanctions and Policy Enhancement Act of 2016 to modify and increase the President’s authority to impose sanctions on persons in violation of certain U.N. Security Council resolution regarding North Korea. Specifically, the bill expands sanctions to deter North Korea’s nuclear weapons programs, targets those individuals overseas who employ North Korean slave labor, cracks down on North Korean shipping and use of international ports, and requires the administration to determine whether North Korea is a state sponsor or terrorism.

May 4, 2017 — Agreed To (Concurrent Resolution)
H.Con.Res. 53: Providing for a correction in the enrollment of H.R. 244.
Sponsor: Rep. Rodney Frelinghuysen [R-NJ11]
Last Action: Resolution agreed to in Senate without amendment by Unanimous Consent.
Explanation: This concurrent resolution was agreed to by both chambers of Congress on May 4, 2017. That is the end of the legislative process for concurrent resolutions. They do not have the force of law.

May 4, 2017 — Introduced
S.Res. 158: A resolution recognizing the cultural and historical significance of the Cinco de Mayo holiday.
Sponsor: Sen. Robert “Bob” Menéndez [D-NJ]
This resolution is in the first stage of the legislative process. It will typically be considered by committee next.

Sen. Robert “Bob” Menendez is a Democrat who has represented New Jersey in the United States Senate since 2006. You can read more about Menendez’ record on GovTrack, an independent developer of open data resources on Congress.

Sen. Cory Booker is a Democrat who has represented New Jersey in the United States Senate since 2013. You can read more about Booker’s record on GovTrack, an independent developer of open data resources on Congress.

Rep. Rodney Frelinghuysen, a Republican, represents New Jersey’s 11th Congressional district. Verona has been part of this district since a gerrymandering in 2012. You can read more about Frelinghuysen’s record on GovTrack, an independent developer of open data resources on Congress.

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Virginia Citrano
Virginia Citranohttps://myveronanj.com
Virginia Citrano grew up in Verona. She moved away to write and edit for The Wall Street Journal’s European edition, Institutional Investor, Crain’s New York Business and Forbes.com. Since returning to Verona, she has volunteered for school, civic and religious groups, served nine years on the Verona Environmental Commission and is now part of Sustainable Verona. She co-founded MyVeronaNJ in 2009. You can reach Virginia at [email protected].

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