A group of centrist Republicans is eyeing ways to sidestep GOP leadership and force a vote on extending COVID-19-era Obamacare subsidies before they expire at the end of this year.
Rep. Brian Fitzpatrick, the chairman of the bipartisan Problem Solvers Caucus, filed what is known as a discharge petition to let House members vote on a health care bill before the holiday recess — following through with plans the Pennsylvania Republican has publicly floated in recent weeks. The petition would allow Fitzpatrick to advance a bill extending the enhanced subsidies, something that top House Republicans have been adamantly opposed to for months.
“It’s a time-sensitive matter, and it’s an existential matter,” Fitzpatrick told reporters after filing the petition. “You try to do things through the normal course. You try to do things through regular order. When all those remedies are exhausted, then you’ve got to go this route, unfortunately.”
The petition, which was submitted to the House clerk on Wednesday, has already gathered a handful of signatures. More lawmakers are expected to sign on in the coming days.
Through a discharge petition, rank-and-file members can force leaders to schedule a vote on legislation so long as 218 members sign on. Under typical circumstances, the petition would need to wait at least seven legislative days before House Speaker Mike Johnson, R-La., is required to schedule a vote.
However, Fitzpatrick said he found a procedural loophole that would let him force an immediate vote once the signature threshold is met.
When filing the petition, Fitzpatrick used a resolution he introduced in June to act as a legislative vehicle to expedite consideration. In doing so, Fitzpatrick argued he can sidestep the Rules Committee — the panel that must sign off on most pieces of legislation — and bring it straight to the floor.
“This actually bypasses the Rules Committee the way this is written,” Fitzpatrick told reporters on Wednesday. “It’s a separate kind of discharge.”
It’s not entirely clear how Fitzpatrick’s efforts will play out procedurally, but the Pennsylvania Republican said he is working with the House parliamentarian to iron out any confusion. If the loophole doesn’t work, the petition wouldn’t be ripe for action until after the subsidies have already expired.
But if the petition is approved, it could be enough to force a vote before the holiday recess — if Democrats get on board.
At least six Republicans have already signed on to the petition, which is more than enough if all 213 House Democrats signed on. However, it’s not clear if that will happen as House Democratic leadership have already filed a separate discharge petition to force a vote on their clean three-year ACA extension.
Fitzpatrick’s health care proposal would extend the subsidies for two years while also expanding health savings accounts and cracking down on pharmacy benefit managers. It would also implement a “reasonable minimum contribution” participants must pay to ensure coverage.
The plan directly contradicts House GOP leadership who have been not wanted to extend the ACA credits in any way — although they haven’t offered a formal plan to avoid a spike in health care premiums, prompting action by Fitzpatrick.
Instead, House Republican leaders are planning to put their own health care plan on the floor sometime next week. Details of such a plan are not clear, although Johnson laid out a number of options to lawmakers during a closed-door meeting on Wednesday. An ACA extension was not included in the menu of options.
But some GOP lawmakers have lamented that leadership is not moving fast enough to avoid the tax credits’ expiration, which could cost them in the midterm elections.