May 25, 2016

Cites Concerns Raised by Northeast Georgia Business Owner

Washington, D.C. – Today, the House Judiciary Committee marked up H.R. 5283, the DUE PROCESS Act of 2016. The bill, which reins in abuses under current civil asset forfeiture laws and protects fundamental property rights, passed out of committee by a voice vote. Congressman Collins, an original cosponsor of this legislation, issued the following statement after the vote, and highlighted the experience of his constituent Andrew Clyde, of Clyde Armory in Athens, Georgia:

“Current civil asset forfeiture law lacks fundamental protections, and has been used by the federal government to extort law abiding citizens,” said Congressman Collins. “Intended to stop drug dealers and organized crime, the current laws have been stretched far beyond their original purpose, to the point of abuse. Property owners have little recourse for recovering their assets, virtually no access to frozen assets to pay for counsel, and oversight is lacking.”

“Andrew Clyde, of Clyde Armory in Northeast Georgia, experienced the unfairness of these laws first hand, when the IRS seized capital from his business solely because he was regularly making cash deposits of several thousand dollars – a way that many small business owners do their banking. Mr. Clyde, a U.S. Navy veteran, had committed no crime, but was forced to forfeit $50,000 to the IRS, spend over $100,000 in legal fees, and is still fighting to regain control of all his property. ”

“This was not an isolated incident or a bureaucratic error – the  Department of Justice and the IRS too often seize the assets of small business owners for seemingly arbitrary reasons, leaving the burden of proof on the defendants to fight the federal government, or settle out of court. There is often very little evidence, and not enough due process. The legislation that passed out of the Judiciary Committee today addresses these abuses, and places much needed reforms on the current system. Mr. Clyde’s story shows how easily our property rights can come under attack by the government, and Congress needs to take immediate action to  protect Constitutional rights and prevent government backed extortion of law abiding citizens. Protections for innocent owners and heightened burden of proof were just a few of the critical reforms that I fought to have included in this bill, and I am proud to see that these protections are one step closer to being implemented through the passage of this bill at Judiciary.”

“The DUE PROCESS Act is a very big win for the liberty of the people and should lift the spirits of all Americans,” said Andrew Clyde. “Back in 2013, less than two months after the IRS forced me to forfeit my legally earned money, I presented my grievance to Congressman Collins and he promised me his help. Then when I testified before Congress last year about the IRS abuse, I asked them to prevent this from happening to anyone else. This legislation has done just that and I commend both Congressman Collins and the Judiciary Committee. Now just make it retroactive and the bill will be a World Series Grand Slam, Citizens 4 – IRS 0.”

April 22, 2016

Washington, D.C. – Today, Congressman Doug Collins (R-GA) and Congressman Ted Deutch (D-FL) led a letter to Federal Communications Commission (FCC) Chairman Tom Wheeler asking the FCC to ensure that copyrighted programming will be appropriately protected under the proposed rules to reform the cable set-top box marketplace. The members issued the following statements on the letter:

“It takes a lot of folks to produce a television program, from actors, designers, composers, and writers, and all of their livelihoods depend on intellectual property protections,” said Congressman Collins. “Payments under our copyright licensing system enable these creators to continue their work, but if the FCC’s proposal fails the copyright and licensing system, it could undermine our creative ecosystem and have serious implications for the jobs of those who produce our film and television content. Congressman Deutch and I, along with the other co-signers of this letter, urge the FCC to take appropriate action to ensure that this rulemaking does not result in harm to the millions of creators in our country.”

“Technological advancements are providing exciting new ways to deliver the amazing content we all love,” said Congressman Deutch. “Failing to account for the complex system that supports the creation of entertainment would have unintended consequences. As a member of the Creative Rights Caucus and a co-chair of the House Songwriters Caucus, I understand how important it is to protect the millions of Americans who produce exceptional television, movies, and music as part of our nation’s creative community.”

Members of Congress who have signed on to Congressmen Collins and Deutch’s letter are:

Congressman Tom Marino (R-PA)

Congressman Hakeem Jeffries (D-NY)

Congresswoman Marsha Blackburn (R-TN)

Congressman Lamar Smith (R-TX)

Congressman Tony Cárdenas (D-CA)

Congresswoman Lois Frankel (D-FL)

Congressman Ted Lieu (D-CA)

Congressman Cedric Richmond (D-LA)

Congresswoman Julia Brownley (D-CA)

Congresswoman Mimi Walters (R-CA)

Congressman Danny Davis (D-IL)

Congressman Adam Schiff (D-CA)

Congressman Joseph Crowley (D-NY)

Congresswoman Debbie Wasserman Schultz (D-FL)

Congressman Steve Israel (D-NY)

Congressman Alan Lowenthal (D-CA)

Congressman Mike Bishop (R-MI)

Congressman Gerald Connolly (D-VA)

Congressman Brad Sherman (D-CA)

Congresswoman Karen Bass (D-CA)

Congressman David Trott (R-MI)

Congressman Collins Supports Bulletproof Vest Grant Program for Georgia Law Enforcement

 Washington, D.C. – Today, the House Judiciary Committee marked up S. 125, the Bulletproof Vest Partnership Grant Program Reauthorization Act. The bill, which Congressman Collins supported, passed out of Committee by voice vote. Congressman Collins issued the following statement after the markup:

“As the son of  Georgia State Trooper, I know how important it is to keep our law enforcement officers safe. This legislation reauthorizes a grant program to help local law enforcement purchase bulletproof vests for their officers. Twelve jurisdictions in Northeast Georgia have previously received grants under the program, enabling them to invest in a combined total of more than 150 bulletproof vests. We want to make sure they can continue to get the equipment they need to keep officers safe as they work to protect us and our communities. This bill, which has already passed the Senate, has broad bipartisan support and the backing of every major law enforcement organization. I am proud to support this legislation, and hope to see quick House passage and enactment into law.”

Below is a list of jurisdictions in Northeast Georgia that have received vests under the program:

Dawson County Gilmer County Jackson County Lumpkin County Pickens County Stephens County White County Elijay Gainesville Commerce

Clayton Toccoa

House Judiciary Passes Collins Bill to Protect American Jobs and Innovation

 Washington, D.C. – Today, the House Judiciary Committee marked up S. 1890, the Defend Trade Secrets Act of 2016. The bill, the House version of which was introduced by Congressman Collins, passed out of committee by a voice vote. Congressman Collins issued the following statement after the markup:

“Innovation, creativity, and hard work have made American companies successful and competitive in the global market,” said Congressman Collins. “However, inadequacy of current law and increasingly sophisticated methods to steal trade secrets have left American companies vulnerable. Trade secrets are the life blood of many companies and when they are stolen there is an almost immediate loss of value, which threatens American jobs and discourages research, investments, and competition. This legislation, which has more than 150 cosponsors in the House, takes steps to fix that problem. It will provide a uniform federal remedy and allow companies to preserve evidence, prevent disclosure, and authorize injunctions and damages. Under the Defend Trade Secrets Act, trade secrets will be afforded protections that apply to other forms of intellectual property such as copyrights, patents, and trademarks. The bill provides important protections that will help keep jobs here at home and discourage theft of intellectual property.

I thank Chairman Goodlatte and Ranking Member Conyers, and Reps. Nadler and Jeffries for their support and leadership on this bill,  and applaud Senators Hatch and Coons for their tireless efforts in the Senate to move this bill forward and get us to this point. I am encouraged that Leader McCarthy has scheduled the Defend Trade Secrets Act for floor consideration next week, and I look forward to voting for this bill in the full House.

“I want to applaud Congressman Doug Collins for his steadfast leadership on this important issue,” said House Judiciary Committee Chairman Bob Goodlatte. “Trade secrets are an increasingly important form of intellectual property that have become more vulnerable to theft as a result of our globalized economy.  Protecting the vital proprietary information of U.S. companies is essential to American competiveness, job creation, and ensuring a robust economy.”

February 25, 2016

Washington, D.C. – Today, Congressman Doug Collins sent a letter to Commanding General and Chief of Engineers Thomas Bostick questioning the recent Army Corps of Engineers policy change regarding the application process for residents to apply for Shoreline Use Permits and licenses. The Congressman, as well as the Lake Lanier Association and the Lake Hartwell Association, issued the following statement after the letter was sent:

“The Corps insists that this change is minor, but it imposes a huge burden on homeowners on the affected lakes, including multiple lakes in the Ninth District,” said Congressman Collins. “Describing a change that will alter a decades-long policy as ‘administrative’ is flippant, and dismissive of the thousands of property owners who have put down roots in these communities. Additionally, residents received little, if any, notice of the changed policy, despite the fact that it is likely to increase fees and significantly slow down the permit process. Changing a process that used to be simple into a bureaucratic maze, and forcing applicants to submit personal information that has little to do with the situation, is unnecessary and only serves to further weaken the relationship between the community and the Corps. I hope that this can be resolved in the same manner as the sudden policy changes that prohibited residents from drawing water from the lakes, when public opinion was enough to get the Corps to reconsider. ”

“We are disappointed to see this policy change and are concerned about the impact this will have on Lake Lanier property owners”, said Joanna Cloud, the Executive Director of the Lake Lanier Association. “In general, for most government processes, we prefer a more efficient, streamlined approach. This policy change seems to create, at a minimum, an entirely new administrative burden, without even having the technology support systems in place to accommodate this change. The Buford Project Management Office is already resource constrained and this policy change will compound that problem with no clear benefits to the taxpayers funding the system.”

“On behalf of the more than 11,000 permit holders on Lake Hartwell, we are extremely disappointed in the Corps’ decision to create a less efficient and more bureaucratic system,” said Herb Burnham, Executive Director of the Lake Hartwell Association. “This will certainly lead to higher fees for permit holders. At a time when government should aim for higher efficiency, this accomplishes the exact opposite.”

Below is the full text of the letter:

Lieutenant General Thomas P. Bostick

Commanding General and Chief of Engineers

United States Army Corps of Engineers

441 G Street, NW

Washington, DC 20314-1000

Dear Lieutenant General Bostick,

I am writing to express my deep concern over a recent United States Army Corps of Engineers (USACE) policy changing the way property owners are to complete applications for Shoreline Use Permits (SUPs) and licenses.

In a press release dated December 28, 2015, the Savannah District of the USACE announced, “in an administrative change, the Savannah District will no longer use a consolidated SUP and license application. Beginning in 2016 the SUP and a license must be separate documents. Both documents will also require the applicant to provide a taxpayer identification number. For most people this is the Social Security number. The identification number will not be stored or transmitted electronically.”

On January 7, 2016, the Mobile District issued a similar notice, noting that the change affects property owners on USACE projects throughout the Southeast. Previously, land and water permits were issued in a consolidated manner and property owners were required to fill out one application. However, the new policy requires that land based permits go through the Real Estate Division of the USACE while water based permits continue to be processed by the local project office. Unfortunately, project offices are left with the burden of processing permits, implementing the new system, and dealing with the added red tape.

The change—which ends a decades long policy—will affect thousands of residents in Georgia alone. Yet the Corps insists that the change is minor, transparent, and “administrative”. For affected residents, however, this change was abrupt and unexpected. Overall, the change impacts property owners at Corps projects located across the Southeast, including thousands of residents in the ninth Congressional District.

I have heard from numerous sources that the Corps has sought public comment for shoreline management plan changes affecting as few as 50 to 60 people, yet in this case the Corps decided to operate absent any public input for a change that has the potential to affect thousands of people.

This is particularly notable given that it is well established in case law dating back to the 1970s that “substantive rules grant rights, impose obligations, or produce other significant effects on private interests.” Substantive rules require a notice and comment period under the Administrative Procedures Act. However, despite the fact that the Corps policy change imposes obligations and produces significant effects on private interests, the Corps appears committed to claiming the policy change was interpretative, and thus did not require notice.

The change in policy appears to ignore the fact that the consolidated permit and license process has largely been an efficient process. Separating the application and approval process for shoreline use permits and licenses will not only create an extra cost on local offices as they deal with new administrative burdens, it will create an added cost on residents in the form of new or increased fees. Additionally, the new process appears to achieve little while adding bureaucratic hurdles and leading to a less efficient process that will cost more and take longer. For example, I heard from one constituent that after he completed his dock permit, he was sent nine additional pages of paperwork to complete—a clear change from previous practice. The Lake Hartwell and Lake Lanier Associations have both voiced their displeasure with the additional burden that will be placed on those property owners across both basins.

The Corps failed to engage the public and instead implemented a burdensome change on property owners in a way that defies both transparency and logic.

In light of the changes, I am seeking additional information as to how these decisions were made. Specifically, I would like the following information:

• This policy change affects the South Atlantic division. How does the new policy compare to others nationwide? Why has the South Atlantic division been targeted by unannounced yet far-reaching policy changes?
• Did Corps Project offices have the opportunity to comment on the changes to the shoreline management plans? If so, was their input incorporated into the policy changes? If not, why not?
• I understand the changes as a whole may require a new system to handle permits, but that system is not yet implemented. At a minimum, why did you not wait to implement the changes until the new system was functioning?
• How did you decide that the policy change regarding the application process for permits and licenses was minor and did not warrant public comment, given that it could affect thousands of people?
• I understand that the legality of this policy change was debated for several years. Based on that information, why did the Corps not provide notice to either Congress or the public?
• Since the policy change did not happen overnight, why did the Corps wait to provide notice of the update until only three days before implementation in one case, and until after implementation in another case?
• Given that the changed process involves more people and more paperwork, it is likely costs will increase. Will permit and license fees increase for residents, and if so, when and by how much? How will you notify affected residents or how do you plan to mitigate increased fees?
• All legal documentation related to the shoreline management policy change as it relates to the application process for permits and licenses.

I strongly encourage the Corps to consider rectifying this situation as expeditiously as possible. It is my hope that your office will recognize the efficacy of, at the minimum, reconsidering the permit changes and the possibility of opening them to public comment, as was previously done with the announced irrigation policy changes.

It is past time for the Corps to operate in an open and transparent manner with the full benefit of public engagement and comment. Far too often, the Corps has implemented policy changes affecting Northeast Georgians without notice or explanation. An open dialogue and a consistent process for public notice would go far in rebuilding trust and cooperation between the community and the Corps.

I look forward to hearing from you on the steps you will take to provide relief to the affected residents. I appreciate your attention to this matter and look forward to receiving a response by March 13, 2016.

Sincerely,

Doug Collins

Ninth Congressional District of Georgia

cc: Ms. Brenda M. Johnson-Turner

Director of Real Estate Division

United States Army Corps of Engineers

Washington, D.C. – Today, Congressman Doug Collins and Congressman Dave Loebsack, along with 14 other Members of Congress, sent a letter to the Chairmen and Ranking Members of the Energy and Commerce, Ways and Means, and Armed Services Committees to renew the call for transparency in the pricing of generic prescription drugs dispensed under Medicare Part D, FEHBP and DoD TRICARE.

Currently, weak oversight of the reimbursement system leaves taxpayers on the hook for the constantly fluctuating cost of generic drugs. H.R. 244, the MAC Transparency Act, introduced by Collins and Loebsack, will require Pharmacy Benefit Managers, the entities responsible for managing prescription drug plans for more than 253 million Americans, to update their pricing more frequently to ensure transparency in the system. In the letter, Congressmen Collins and Loebsack encourage the Chairmen of these three committees to examine the merits of this legislation at a hearing, and how it could improve the current system by increasing fairness and transparency.

Below is the text of the letter:

Dear Chairman Upton, Ranking Member Pallone, Chairman Brady, Ranking Member Levin, Chairman Thornberry and Ranking Member Smith,

We write to you today to highlight the need for transparency and openness in the federal government’s very large business partnership with the pharmacy benefit managers (PBMs) who as you know manage prescription drug plans for more than 253 million Americans.  The PBM industry is not well understood by many in Congress and the Administration and that is why we believe it is imperative for your committees to examine and consider putting the appropriate safeguards in place to ensure integrity in Medicare Part D, FEHBP and DoD TRICARE.

H.R. 244, the “MAC Transparency Act”, would bring greater transparency to generic drug payments in the federal programs mentioned above. Generic prescription drugs account for approximately 80 percent of drugs dispensed, but the reimbursement system for these medications is a mystery and it is incumbent upon us to conduct the appropriate oversight of this very large PBM industry to make sure taxpayers are not “footing the bill” for generic prescriptions simply because the PBMs are not required to update the drastic and unpredictable fluctuations we have seen in the generic drug marketplace.

There is precedent for PBM transparency on the federal books as CMS just began to implement transparency provisions in its 2014 Part D rule.  These provisions will require the PBMs to update the prices of generic drugs at least once every seven days and inform the health plans and pharmacies how they arrived at the drug prices on their maximum allowable costs (MAC) lists.  This is a positive development but unfortunately we have already heard from pharmacists being reimbursed with outdated prices and also that the PBMs are now charging an additional fee after the point of sale when the contract is being reconciled.  This fee is called direct and indirect remuneration (DIR) and we believe the PBMs are moving to this fee because they are now being required to update generic fluctuations in a timely manner.

We very much appreciate your leadership on the Energy and Commerce, Ways and Means, and Armed Services Committees.  Again we appreciate you taking a look at the merits of H.R. 244 and also the need for greater transparency and sunlight in business relationship PBMs have with taxpayer funded federal programs.  Thank you for your service to the U.S. House of Representatives.

Sincerely,

Doug Collins                                                                                                   Dave Loebsack

Member of Congress                                                                                     Member of Congress

Earl L. “Buddy” Carter                                                                                   Austin Scott

Member of Congress                                                                                     Member of Congress

Peter Welch                                                                                                   Walter B. Jones

Member of Congress                                                                                     Member of Congress

Sam Farr                                                                                                         Pete Visclosky

Member of Congress                                                                                     Member of Congress

Rod Blum                                                                                                        Steve King

Member of Congress                                                                                     Member of Congress

Lou Barletta                                                                                                    Steven Palazzo

Member of Congress                                                                                     Member of Congress

Jim Bridenstine                                                                                              David Rouzer

Member of Congress                                                                                     Member of Congress

Rick Crawford                                                                                                Brian Babin

Member of Congress                                                                                     Member of Congress

In Case You Missed It: Lawmakers weigh in on FCC set-top box changes

By David McCabe, 2/16/2016

“A group of House lawmakers, led by Reps. Doug Collins (R-Ga.) and Judy Chu (D-Calif.), sent a letter to Wheeler on Tuesday to say they are “concerned about the implications of this proposal for the nearly two million Americans who work to produce America’s film and television content — particularly independent creators and those creating minority focused and religious programming.”

Industry groups have said they worry about the effect the proposal will have on minority programmers, as well as the privacy implications of having tech companies producing set-top boxes.”

Read the full article at The Hill 

Read the full text of the letter to Chairman Wheeler