Weekly Legislative Update
 Week of December 5, 2016
  
Congressional Outlook

Week of December 5th

The House and Senate are in session this week. On Monday and Tuesday, the House will consider 27 bills under suspension of the rules. For the remainder of the week, the House will vote on the Transparent Insurance Standards Act of 2016 (H.R. 5143), which directs federal regulators to solicit public comments, consult with state officials and report to Congress before adopting international capital standards or other requirements for insurance companies. The House will also consider the final 728-page version of the Water Resources Development Act (WRDA) of 2016, renamed the "Water Infrastructure Improvements for the Nation" (WIIN) Act, comprehensive legislation to "address the needs of America's harbors, locks, dams, flood protection, and other water resources infrastructure critical to the Nation's economic growth, health, and competitiveness," in addition to "provisions to improve drinking water infrastructure around the country, address control of coal combustion residuals, improve water storage and delivery to help drought-stricken communities, address federal dam maintenance backlogs, and approve longstanding water settlement agreements for the benefit of taxpayers and Native Americans." (A more detailed section-by-section analysis of the WIIN Act is available here). The House will also consider a Continuing Resolution (CR) for FY 2017 appropriations, in order to fund the federal government at FY 2016 levels, likely through April 28, 2017; current government funding runs through Friday, December 9.
 
On Monday, the Senate will vote on the motion to invoke cloture on a motion to concur on the House-passed version of the 21st Century Cures Act (H.R. 34), which would promote new medical treatments by increasing research money for the National Institutes of Health, streamline the Food and Drug Administration's review of new drugs and medical devices, address opioid addiction, mental health and adoption programs, along with Medicare changes, and would extend authorization for the Temporary Assistance for Needy Families program. Also included in the bill is House-passed language that would allow employers with less than 50 employees to offer pre-tax health reimbursement arrangements (HRAs), which is currently not allowed under the Affordable Care Act. Later in the week, the Senate is expected to consider a conference report to accompany the House-passed FY 2017 National Defense Authorization Act (S. 2943), which sets FY 2017 Pentagon policy and funding levels. The Senate will also consider the WRDA and CR. The House and Senate may also consider a final version of the comprehensive energy bill (S. 2012).
 
House Democrats will meet Monday to vote on the Chairman of the Democratic Congressional Campaign Committee (DCCC), as well as the new leader of the party's messaging arm, the Democratic Policy and Communications Committee (DPCC). The House and Senate GOP and Democratic Steering Committees will also meet soon to finalize outstanding Committee Chairmanships/Ranking Memberships and Committee assignments for new freshmen members of Congress. 
Week in Review

President-elect Trump Announces Cabinet members, Transition team announces additional landing team members
 
President-elect Donald J. Trump announced several executive nominations over the past week, including:  
  • Rep. Tom Price (R-GA), House Budget Committee Chairman, to serve as U.S. Secretary of Health and Human Services;
  • Health policy consultant Seema Verma, to serve as Administrator of the Centers for Medicare and Medicaid Services;
  • Former Deputy Secretary of Transportation and U.S. Secretary of Labor, Elaine Chao, to serve as U.S. Secretary of Transportation;
  • Former Goldman Sachs banker Steven Mnuchin, to serve as U.S. Secretary of the Treasury;
  • Billionaire investor Wilbur Ross, to serve as U.S. Secretary of Commerce;
  • Businessman Todd Ricketts, to serve as Deputy Secretary of Commerce;
  • Retired Marine General James Mattis, to serve as U.S. Secretary of Defense; and
  • Neurosurgeon Dr. Ben Carson, to serve as U.S. Secretary of Housing and Urban Development. 
The Trump transition team also announced, on five separate occasions (see here, here, here, here, and here), 63 additional agency landing team members whose job will be to report to each assigned federal agency, work with the personnel there, and help the incoming Trump Administration take over responsibilities. These new Trump agency landing team members have been announced for the following 23 federal Departments/agencies: Consumer Financial Protection Bureau, the Departments of Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice, Labor, State, Treasury, Veterans Affairs, Environmental Protection Agency, Federal Communications Commission, National Aeronautics and Space Administration, National Security Council, Office of the Director of National Intelligence, Office of Management and Budget, Office of Personnel Management, Office of the U.S. Trade Representative, and the White House/Executive Office of the President.
 
The Trump transition team also announced on Tuesday seven new Vice Chairs, five new Executive Committee members, and ten new key staff leadership within the transition team. The seven new Vice Chairs are Oklahoma Governor Mary Fallin, Reps. Marsha Blackburn (R-TN), Cynthia Lummis (R-WY), Tom Reed (R-NY) and Congresswoman Cathy McMorris Rodgers (R-WA), Senator Tim Scott (R-SC), and Kathleen Troia "KT" McFarland; the five new members of the Executive Committee include Reps. Sean Duffy (R-WI), Trey Gowdy (R-SC), Dennis Ross (R-FL), Pastor Darrell Scott and Kiron Skinner. The ten additional key leadership staff positions supporting the Presidential Transition Team include Aaron Chang, Steven Cheung, AJ Delgado, Jeff DeWit, Jessica Ditto, George Gigicos, Michael Glassner, Stephanie Grisham, Katrina Pierson and Sean Spicer. More nominations and staff announcements are expected to be made this week by the Trump transition team.
House Democrats Elect Leaders for 115th Congress

On November 30, the House Democratic Caucus selected its leadership team for the 115th Congress. Current Minority Leader Nancy Pelosi (D-CA) defeated challenger Representative Tim Ryan (D-OH) by a vote of 134-63 to remain in her post as the Democratic leader in the House. Maryland Rep. Steny Hoyer and South Carolina Rep. Jim Clyburn will remain Minority Whip and Assistant Leader, respectively, in the next Congress. Rep. Joe Crowley (D-NY) was elected the new Democratic Caucus chairman. Democrats also elected Congressional Hispanic Caucus Chairwoman Linda Sánchez, who backed Pelosi for re-election, to serve as the caucus's vice chairwoman. According to aides, she beat fellow California Rep. Barbara Lee, 98-96, and will replace Rep. Crowley. Rep. John Yarmuth of Kentucky was chosen to serve as the Ranking Member of the House Budget Committee, filling the void left by Senator-elect Chris Van Hollen of Maryland. Rep. Richard Neal of Massachusetts was later chosen to serve as the Ranking Member of the House Ways and Means Committee, filling the void left by Rep. Xavier Becerra (D-CA), who was expected to be the new Ranking Member, but who was appointed by California Governor Jerry Brown to fill Sen.-elect Kamala Harris' vacant Attorney General position in California instead. Additionally, Leader Pelosi announced that the House Democratic Steering and Policy Committee approved Reps. Rosa DeLauro (D-CT) and Eric Swalwell (D-CA) as Co-Chairs, Rep. Jared Polis (D-CO) as Vice Chair and Parliamentarian, and Rep. Barbara Lee (D-CA) as Vice Chair. Read more...
House Passes 21st Century Cures Act, Sending Bill to Senate for Consideration
 
On November 30, the House passed, by a vote of 392-26, the 21st Century Cures Act (H.R. 34). The bill provides for $4.8 billion over ten years for the National Institutes of Health (NIH), $500 million over ten years to the Food and Drug Administration (FDA), $1.8 billion over ten years for Vice President Joe Biden's Cancer Moonshot initiative, and $1 billion over two years for grants to states to help combat the opioid epidemic. While fully offset, funding for H.R. 34 will need to be allocated on a yearly basis, through the annual appropriations process. The bill modifies current federal regulatory processes involving medical research, developing drugs and other treatments, and testing and approving those medical products in an effort to accelerate the development and delivery of cures to diseases and medical conditions. The bill directs funds towards high-risk, high-reward research performed by early stage investigators. NIH is encouraged to use the new influx of dollars to address areas of unmet medical needs, including but not limited to, biomarkers, precision medicine, infectious diseases, and antibiotics. The bill would promote the maintenance of the best biomedical workforce in the world by increasing the cap on the NIH student loan repayment programs to $50,000 annually and expanding the types of research that clinician scientists can pursue.

The bill modifies the FDA's regulatory framework for "precision drugs" that can be targeted to treat patients with a specific genotype of disease - consistent with President Obama's Precision Medicine Initiative. Additionally, the bill will help the FDA compete for qualified experts by allowing greater flexibility and resources to hire and retain staff by abolishing a hard cap on the number of staff the FDA is authorized to hire under its "senior service" core.The bill also includes reforms to the Substance Abuse and Mental Health Services Administration (SAMHSA) and initiatives intended to address mental health and substance use issues facing towns and cities across the nation. The bill establishes an Assistant Secretary for Mental Health and Substance Use Disorders and reauthorizes numerous grant programs aimed at suicide prevention, crisis intervention and preventing substance use disorders. This section of the bill also includes language to ensure successful implementation of the Mental Health Parity and Addiction Equity Act, as well as a provision to allow law enforcement to use funds for mental health response training and crisis intervention. Offsets in the bill include the sale of 25 million barrels of oil from the Strategic Petroleum Reserve. Also included in the bill is House-passed language that would allow employers with less than 50 employees to offer pre-tax health reimbursement arrangements (HRAs), which is currently not allowed under the Affordable Care Act. The White House issued a Statement of Administration Policy for H.R. 34, stating that it "strongly supports passage" of the bill and the Senate will consider the bill later this week. Read more...
House Passes FY 2017 National Defense Authorization Act, Sending Bill to Senate for Consideration
 
On December 2, the House passed, by a vote of 375-34, the Conference Report accompanying the FY 2017 National Defense Authorization Act (S. 2943), which sets FY 2017 Pentagon policy and funding levels. The bill authorizes approximately $611.2 billion in discretionary budget authority in total. This includes $523.7 billion for the Department of Defense (DOD) base budget and $19.4 billion for the defense-related activities of the Department of Energy (DOE). The bill authorizes more than $67.8 billion in discretionary budget authority for Overseas Contingency Operations (OCO), which includes $3 billion of base, non-war spending that the House GOP majority deemed as funding for OCO in order to circumvent the Budget Control Act's defense discretionary spending cap for FY 2017 agreed to last fall. The initial House-passed bill included $18 billion in non-war funding deemed as funding for OCO.

The Conference Report supports a 2.1% pay increase for military personnel and also updates the Uniform Code of Military Justice to include new protections for victims of military sexual assaults. The Conference Report removes language in the House-passed bill that would have discriminated against LGBT employees and also removes language blocking the application of the "Fair Pay and Safe Workplaces" Executive Order to DOD as well as Senate language that would have exempted the DOD from numerous other executive orders related to labor rights. Language that would have prohibited funds from being used to enforce executive orders aimed at combatting climate change was also dropped. The Conference Report provides $1.2 billion to combat ISIL and provides authority to train and assist vetted Syrian opposition forces through December 31, 2018, and maintains congressional oversight over those efforts. The legislation maintains existing restrictions on domestic transfers of Guantanamo detainees and prevents the use of funds for construction or modification of U.S. facilities to house Guantanamo detainees. The White House has not said yet whether President Obama will veto the bill over the extra OCO money. The Senate will consider the bill later this week. Read more...
House and Senate Pass Justice for All Reauthorization Act of 2016, Sending Bill to President Obama's Desk
 
On November 29, the House passed, by voice vote, the Justice for All Reauthorization Act of 2016 ( S. 2577 ), which would modify and reauthorize a variety of programs to aid crime victims, process and preserve evidence, test post-conviction DNA evidence, support crime laboratories and enhance training. The Senate later passed the bill by unanimous consent on December 1, sending the bill to President Obama's desk for his signature. The Justice for All Reauthorization Act aims to reduce the rape kit backlogby supporting grant programs that fund forensic testing. The bill, coauthored by Senators Pat Leahy (D-VT) and John Cornyn (R-TX), also renews the Innocence Protection Act, a landmark law which includes the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program, which facilitates the use of post-conviction testing of DNA evidence that can exonerate the wrongly convicted and hold the guilty accountable. The bill also requires the U.S. Department of Justice (DOJ) to assist state and local governments to improve their indigent defense systems and ensures implementation of the Prison Rape Elimination Act. The bill also includes key housing protections for victims of abuse whose partners get evicted for domestic violence and builds upon the success of the Crime Victims' Rights Act by making it easier for crime victims to have an interpreter present during court proceedings and to obtain court-ordered restitution. A sectional analysis of the bill is available here. Read more...
Senate Passes ECHO Act, Sending Bill to House for Consideration
 
On November 29, the Senate passed, by a vote of 97-0, the Expanding Capacity for Health Outcomes (ECHO) Act (S. 2873), which would require the U.S. Department of Health and Human Services (HHS) to study the possible use of distance-education technologies to provide health care, particularly in underserved areas. The ECHO Act a ims to better integrate the Project ECHO model-referred to as a "technology-enabled collaborative learning and capacity-building model"-into health systems across the country. The bill:
  • Requires the HHS Secretary, in collaboration with the Health Resources & Services Administration (HRSA), to prioritize analysis of the model, its impacts on provider capacity and workforce issues, and evidence of its effects on quality of patient care.
  • Requests a GAO report regarding opportunities for increased adoption of such models, efficiencies and potential cost savings from such models, ways to improve health care through such models, and field recommendations to advance the use of such models.
  • Requires the HHS Secretary to submit a report to Congress on the findings of the GAO report and the HHS report, including ways such models have been funded by HHS and how to integrate these models into current funding streams and innovative grant proposals. 
The bill has now been sent to the House for its consideration. Read more...
Senate Passes Digital Coast Act, Sending Bill to House for Consideration
 
On November 28, the Senate passed, by unanimous consent, the Digital Coast Act (S. 2325), which would help coastal communities better prepare for storms, cope with varying water levels, and strengthen coastal economic development planning efforts. The National Oceanic Atmospheric Administration (NOAA) currently assembles and hosts the Digital Coast Project, a collaborative online database of the most up-to-date coastal information, and makes it available to both the public and private sectors. Digital Coast also provides tools for coastal communities to decipher and use the high-tech mapping data to make accurate decisions and smart investments in coastal communities. The Digital Coast Act authorizes the next phase in coastal mapping at NOAA by ensuring that communities will continue to have the data to make smart choices for economic development, shoreline management and coastal restoration. The Act supports further development of the current project, including increasing access to uniform, up-to-date data, to help communities get the coastal data they need to respond to emergencies, plan for long-term coastal resilience, and manage their water resources. S. 2325 is supported by the American Planning Association, the Association of State Floodplain Managers, Coastal States Organization, the National Association of Counties, The Nature Conservancy, Management Association for Private Photogrammetric Surveyors (MAPPS), and the National Society of Professional Surveyors (NSPS). The bill has now been sent to the House for its consideration. Read more...
Senate Passes Program Management Improvement Accountability Act, Sending Bill to President Obama's Desk
 
On November 30, the Senate passed, by unanimous consent, the Program Management Improvement Accountability Act (S. 1550), which would streamline federal government projects and would hold the federal government accountable to adopt the program management standards, practices and procedures of high-performing, private sector organizations. The House previously passed the bill by a vote of 404-11 on September 22, so the bill will now be sent to President Obama's desk for his signature. The bill:
  • Establishes a leader within each agency that is focused on program management.
  • Creates an inter-agency Program Management Council to drive improvements through portfolio reviews of agency programs and encourages communications between agencies and program management professionals.
  • Requires the development of a specific job category with distinct qualification for project managers.
  • Requires the federal government to adopt widely-accepted program management best practices and standards.
  • Requires the Government Accountability Office to issue a report three years after the bill's enactment on its overall effectiveness and impact on program management in the federal government.
  • Works directly with the Department of Defense to improve their current procedures while making sure to not duplicate existing efforts.
Senate Passes National Urban Search and Rescue Response System Act of 2016, Sending Bill to House for Consideration
 
On November 30, the Senate passed, by voice vote, the National Urban Search and Rescue Response System Act of 2016 (S. 2971), which would strengthen the efficiency and effectiveness of FEMA's disaster assistance capabilities and programs. The bill would improve the National Urban Search and Rescue (US&R) Response System by clarifying existing workers compensation and liability protections, allowing for the election of benefits, extending reemployment rights to System members when deployed as federal volunteers, allowing for the reimbursement for employees filling positions of system members, and requiring the FEMA Administrator to develop a comprehensive plan to finance and replace equipment, as recommended by the U.S. Government Accountability Office (GAO). A FEMA report found that 11% or greater of each search and rescue task force is comprised of non-affiliated members, who are not employed by a sponsoring or participating agency. Instead, they are private citizens employed as medical doctors, engineers, and heavy riggers, who bring unique and specialized skill sets necessary to rescue survivors in times of disaster. Without the extension of reemployment rights for System members, non-affiliated members risk losing their regular jobs upon returning from deployment, which has occurred after previous disasters such as Hurricane Katrina. Since 9/11, task force teams have been required to prepare to respond to all-hazards, including Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) incidents, and were appropriated additional funds to purchase equipment to provide that capability. The Government Accountability Office (GAO) recently found that the System's CBRNE equipment is reaching its life-cycle expiration and other critical equipment is outdated. FEMA does not have a plan to replace System equipment and S. 2971 authorizes funding to maintain this capability. 
Senate Passes Bill to Reduce FAA Burdens on State and Local Governments, Sending Bill to President Obama's Desk
 
On December 1, the Senate passed, by unanimous consent, a bill ( H.R. 6014 ) to reduce unnecessary cost burdens on state and local governments and their airports from the federal government when conducting airport improvement and expansion projects. The House previously passed the bill by a vote of 425-0 on September 21, so the bill will now be sent to President Obama's desk for his signature. Under current law, the Federal Aviation Administration (FAA) is generally allowed to enter into various contracts, leases, and cooperative agreements with other federal agencies and states as necessary to carry out the functions of the FAA Administrator and the Administration.The bill authorizes the FAA to enter into what are called "Reimbursable Agreements" with states to expand and improve local airports. It also requires that these agreements be made in a collaborative and cost-effective manner that saves money reduces unnecessary government bureaucracy whenever possible-while continuing to promote the safety, integrity, and efficiency of our national airspace. Read more...
President Obama Signs Four Bills Into Law
 
On November 28, President Obama signed the following four bills into law:
  • H.R. 845, the "National Forest System Trails Stewardship Act," which directs the Secretary of Agriculture to develop a strategy to increase the role of volunteers and partners in National Forest System trail maintenance;
  • H.R. 4511, the "Gold Star Families Voices Act," which amends the Veterans' Oral History Project Act to allow the collection of video and audio recordings by immediate family members of service members;
  • H.R. 5392, the "No Veterans Crisis Line Call Should Go Unanswered Act," which requires the Department of Veterans Affairs to make various changes to the Veterans Crisis Line; and
  • H.R. 6007, which requires the Department of Transportation, if it decides that constructing or altering a structure may result in interference with space navigation facilities and equipment, to study the extent of any adverse impact on the safe and efficient use of airspace, facilities, or equipment. 
Congressional Schedule

Tuesday, December 6 
  • Full Senate Armed Services Committee hearing entitled "Emerging U.S. Defense Challenges and Worldwide Threats."
  • House Energy and Commerce Subcommittee on Oversight and Investigations hearing entitled "Volkswagen's Emissions Cheating Settlement: Questions Concerning ZEV Program Implementation."
  • Senate Judiciary Subcommittee on Crime and Terrorism hearing entitled "Ensuring Independence: Are Additional Firewalls Needed to Protect Congressional Oversight Staff from Retaliatory Criminal Referrals?"
  • House Natural Resources Subcommittee on Oversight and Investigations hearing entitled "Examining Decades of Data Manipulation at the United States Geological Survey."
  • House Oversight and Government Reform Subcommittees on Government Operations & Information Technology joint hearing entitled "The Federal Information Technology Acquisition Reform Act (FITARA) Scorecard 3.0: Measuring Agencies' Implementation."
  • Full House Rules Committee meeting to consider the Transparent Insurance Standards Act of 2016 (H.R. 5143).
  • House Transportation and Infrastructure Subcommittee on Highways and Transit roundtable entitled "The Impact of Autonomous Vehicle Technology on America's Transportation Systems." 
Wednesday, December 7 
  • Full House Agriculture Committee hearing entitled "1890 Land-Grant Institutions: Recruitment Challenges and Scholarship Opportunities."
  • Senate Commerce, Science, and Transportation Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security hearing entitled "Assessing the Security of Our Critical Transportation Infrastructure."
  • House Armed Services Subcommittee on Military Personnel hearing entitled "California National Guard Bonus Repayment Issue."
  • House Energy and Commerce Subcommittee on Health hearing entitled "Waste and Duplication in the USDA Catfish Inspection Program."
  • House Financial Services Subcommittee on Monetary Policy and Trade hearing entitled "Unconventional Monetary Policy."
  • Full Senate Indian Affairs Committee hearing entitled "Examining the Department of the Interior's Land Buy-Back Program for Trial Nations, Four Years Later."
  • Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights hearing entitled "Examining the Competitive Impact of the AT&T-Time Warner Transaction."
  • Full House Oversight and Government Reform Committee hearing entitled "Examining the Costs of Overclassification on Transparency and Security."
  • House Oversight and Government Reform Subcommittee on Government Operations hearing entitled "Time and Attendance Abuse at the U.S. Patent and Trademark Office." 
  • Full House Rules Committee meeting to consider the Water Infrastructure Improvements for the Nation (WIIN) Act (S.612).
Thursday, December 8 
  • House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade hearing entitled "Mixed Martial Arts: Issues and Perspectives."
  • House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises hearing entitled "The Impact of Regulations on Short-Term Financing."
  • House Oversight and Government Reform Subcommittee on Government Operations hearing entitled "DATA Act Implementation Check-In."