Require Evaluation Before Implementing Executive Wishlists Act of 2016

Floor Speech

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Mr. CICILLINE. Mr. Chair, my amendment would exempt rules that reduce the cost of health care for Americans over the age of 65 from the unnecessary requirements of this legislation.

Mr. Chair, our country's seniors face growing healthcare costs, and any delays in rules that could reduce those costs would be a terrible burden to place on America's seniors.

According to the latest retiree healthcare cost estimates from Fidelity Benefits Consulting, a 65-year-old couple retiring this year will need an average of $260,000 in today's dollars to cover medical expenses throughout their retirement. That applies only to retirees with traditional Medicare insurance coverage and does not include costs associated with nursing home care.

Fidelity estimates that a 65-year-old couple would need an additional $130,000 to ensure against long-term care expenses. That is because the median annual cost for the base rent at an assisted living community is about $41,000 per year. The average annual cost for skilled nursing is about $71,000 per year. Because much long-term care is provided by unpaid family caregivers or is covered by Medicaid, the average senior's lifetime out-of-pocket long-term care expenses are about $50,000.

The legislation before us would open up the rulemaking process to lengthy delay tactics, allowing companies or entities opposed to certain rules to take advantage of the court system to stymie final rulemaking for years. Our seniors don't have years to wait on policies that could save them precious dollars in their retirement. There is already a robust process in place for opponents to challenge them in court, with the decision whether to delay a rule rightly placed in the court's hands.

This legislation is a gift to special interests who will benefit from the delay of the imposition of rules that reduce costs for seniors. These special interests are willing to spend millions of dollars and waste years fighting regulations that will benefit the American people, particularly our seniors.

High-impact rules typically involve either the transfer of Federal funds or rules with billions of dollars in benefits to the public. During fiscal year 2014, for example, executive branch agencies adopted 53 major rules, 35 of which were transfer rules. According to the Office of Management and Budget, transfer rules merely implement Federal budgetary programs as required or authorized by Congress, such as rules associated with the Medicare program and the Federal Pell Grant Program.

There are 44.9 million seniors on Medicare in this country. Frivolous lawsuits to delay rules that will increase benefits or those that will produce cost savings would be a grave betrayal of the promise that we have made to keep America's seniors healthy.

My amendment simply ensures that any rule that reduces costs of health care for Americans 65 or older will not be subject to unnecessary delays.

I urge my colleagues to support this amendment.

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Mr. CICILLINE. Mr. Chair, the chairman just made my point. This legislation, as currently written, would apply to all rules, including rules that would reduce the cost of health care for America's seniors. In fact, the OMB says--and I repeat--that a transfer rule merely ``implements Federal budgetary programs, as required or authorized by Congress, such as rules associated with the Medicare program and the Federal Pell Grant Program.

So we know, in fact, that, according to OMB, the Medicare program is considered part of the transfer rule. So this legislation, as currently written, means that all rules, including any rule that is promulgated that would reduce costs for seniors would, in fact, be subjected to this delay.

My amendment is necessary, by the chairman's own admission. We need this amendment so that we can at least exempt out those provisions that might produce real savings for America's seniors.

Mr. Chair, I yield back the balance of my time.

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Mr. CICILLINE. Mr. Chair, I demand a recorded vote.

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