Weekly Legislative Update
 Week of April 25, 2016
  
Congressional Outlook

Week of April 25th
 
The House and Senate are both in session this week. NATaT staff is eager to welcome town and township officials to Washington, D.C. on Wednesday and Thursday for NATaT's 2016 Legislative Fly-In. On Wednesday we will host Deputy Secretary of Transportation Victor Mendez, Ohio Congressman Bob Gibbs, and Laura Spining, the Director of BroadbandUSA. Attendees will be on Capitol Hill on Thursday advocating for some of NATaT's top priorities: broadband deployment, tax incentives for volunteer first responders, and the Department of Labor's impending 113% increase in the overtime salary threshold.
 
On Tuesday and Wednesday, the House will vote on 19 bills under suspension of the rules, including the "Flood Insurance Market Parity and Modernization Act" (H.R. 2901), which amends the Flood Disaster Protection Act to clarify that flood insurance offered by a private carrier outside of the National Flood Insurance Program (NFIP) can satisfy the Act's mandatory purchase requirement. The House will also vote on a bill to help start-up companies gain greater access to angel investors, the "HALOS Act" (H.R. 4498), and on a resolution of disapproval (H.J. Res. 88) under the Congressional Review Act to nullify the U.S. Labor Department's fiduciary duty rule that will require investment brokers to put the clients' interests ahead of their own when giving retirement financial advice.
 
The Senate will resume consideration of its $37.5 billion FY 2017 Energy and Water Development Appropriations bill (S. 2804), voting on 4 additional amendments on Monday and Tuesday, including clarifying that none of the funds for the U.S. Army Corps of Engineers can conflict with restrictions on foreign acquisition, two to make small adjustments to funding levels for the WaterSMART grant program and the Corps' Construction budget, and one to set aside more funding for wind energy. 57 additional amendments have been filed to the appropriations bill (see here and here) and some may be considered before a final vote takes place later this week on the bill. If time permits, the Senate will start debating the $56.5 billion FY 2017 Transportation & Housing and Urban Development Appropriations bill (S. 2844).  
 
Senate appropriators are working on a supplemental funding package to combat the Zika virus. Senate Appropriations Committee Chairman Thad Cochran (R-MS) said the package could be offered as an amendment to an appropriations bill on the Senate floor "in the near future." The White House has requested an additional $1.9 billion for Zika. Additionally, negotiations on a debt aide package for Puerto Rico continue in the House, though little progress has been made. Puerto Rico faces a debt service payment of about $400 million on May 1, 2016. The House is also expected to consider opioid abuse legislation in May, following Senate passage of a related bill last month.
Week in Review

Senate Passes Comprehensive Energy Bill
 
On April 20, the Senate passed, by a vote of 85-12, the "Energy Policy Modernization Act of 2015" (S. 2012), a wide-ranging bill to modernize energy policy, and which took nearly a year and a half of bipartisan work by Senate Energy and Natural Resources Committee Chair Lisa Murkowski (R-AK) and Ranking Member Maria Cantwell (D-WA). The Senate also voted to approve, on April 19, an en bloc package of 31 amendments to S. 2012 by voice vote, as well as two additional amendments related to the Resources Title and the "Sensible Accounting to Value Energy (SAVE) Act". The legislation, which its sponsors hope to become the first broad energy law in nearly a decade, is a collection of policy changes aimed at tasks like electric grid modernization and natural gas exports, although it avoids the most controversial proposals on either side. The bill includes numerous priorities from Republicans and Democrats around the theme of modernization. It pushes to improve the nation's electric grid, streamline the process for exporting liquefied natural gas, permanently reauthorizes the Land and Water Conservation Fund (LWCF), cleans up outdated regulations, and spurs more energy efficiency in buildings and elsewhere, among other provisions. The Obama Administration supports much of the bill, although it has stopped short of completely endorsing it. The House cleared its only energy bill in December, the "North American Energy Security and Infrastructure Act of 2015" (H.R. 8), on a much more divided vote. Rep. Fred Upton (R-MI), the chair of the House Energy and Commerce Committee, has said he hopes to craft a compromise bill with Senate negotiators that can pass both the House and Senate and secure a signature from President Obama.  Read more...
Senate Begins Consideration of the FY 2017 Energy and Water Development Appropriations Bill
 
On April 20, the Senate began consideration of its $37.5 billion FY 2017 Energy and Water Development Appropriations bill (S. 2804), which would provide $6 billion to the U.S. Army Corps of Engineers to fund the nation's water infrastructure and $1.275 billion to the Bureau of Reclamation to fund water supply projects and programs in the western United States. On April 20 and 21, the Senate considered five amendments to the appropriations bill, accepting three of them and rejecting the other two:    
  • Sen. Brian Schatz's (D-HI) amendment #3802, cosponsored by Sens. Lamar Alexander (R-TN), Dianne Feinstein (D-CA), and Chris Coons (D-DE), and agreed to by a vote of 70-26: increases Advanced Research Projects Agency-Energy (ARPA-E) funding by $32,331,000 and modifies funding for other projects of the U.S. Department of Energy; and   
  • Sen. Joni Ernst's (R-IA) amendment #3803, not agreed to by a vote of 25-71: eliminates funding for the Appalachian Regional Commission, the Delta Regional Authority, the Denali Commission, and the Northern Border Regional Commission.
  • Sen. John Hoeven's (R-ND) amendment #3811, cosponsored by Sens. Joni Ernst (R-IA), Marco Rubio (R-FL), John Barrasso (R-WY), Joe Manchin (D-WV), Jim Inhofe (R-OK), Chuck Grassley (R-IA), Ron Johnson (R-WI), and Ben Sasse (R-NE), and not agreed to by a vote of 56-42: prohibits the U.S. Army Corps of Engineers from using any money to "develop, adopt, implement, administer, or enforce" the Waters of the United States (WOTUS) rule;
  • Sen. Dan Coats' (R-IN) amendment #3814, cosponsored by Sens. Deb Fischer (R-NE), Jeff Flake (R-AZ), Pat Toomey (R-PA), and Ben Sasse (R-NE), and not agreed to by a vote of 48-49: limits the use of funds made available for the Advanced Technology Vehicles Manufacturing Loan Program; and
  • Sen. Al Franken's (D-MN) amendment #3833, cosponsored by Sens. Heidi Heitkamp (D-ND), Tom Udall (D-NM), and Lisa Murkowski (R-AK), and agreed to by a vote of 76-19: provides $9 million in funding for the Tribal Energy Loan Guarantee Program.
The Senate will continue voting on amendments during the week of April 25 and will take a final vote on the bill this week. The White House issued a Statement of Administration Policy for the bill, threatening to veto the bill if "the final [version] that is presented to the President includes [...] problematic ideological provisions that are beyond the scope of funding legislation." Read more...
Senate Appropriations Committee Passes FY 2017 C-J-S & THUD Bills
 
On April 21, the Senate Appropriations Committee unanimously approved its $56.3 billion FY 2017 Commerce-Justice-Science Appropriations bill (S. 2837) and $56.5 billion FY 2017 Transportation-Housing & Urban Development (S. 2844) Appropriations bill. The FY 2017 C-J-S Appropriations bill provides $254 million for the Economic Development Administration (EDA), $5.7 billion for the National Oceanic and Atmospheric Administration (NOAA), and $2.36 billion for state and local law enforcement and crime prevention grant programs, including $384 million for Byrne Justice Assistance Grants; $170 million for initiatives to address rape kit and other DNA backlogs; $49 million in support for Drug Courts and Veterans Treatment Courts; $75 million for Second Chance Act grants to reduce recidivism for adults released from jail by offering substance abuse treatment, employment assistance, and other rehabilitation services; $10 million for COPS Office Anti-Heroin Task Forces grants; and $7 million for COPS Office Anti-Methamphetamine Task Forces grants.  
 
The FY 2017 THUD Appropriations bill provides $525 million for TIGER grants; $50 million for rail safety activities in the Consolidated Rail Infrastructure and Improvement grants program, $20 million for Federal-State Partnership for State of Good Repair grants, and $15 million for Restoration and Enhancement grants; $9.7 billion for transit formula grants; $2.3 billion for Capital Investment Grants (New Starts), including $333 million for core capacity projects, $241 million for small starts projects, and $20 million for the expedited delivery pilot program; $3 billion for the Community Development Block Grant (CDBG) formula program; $2.3 billion for Homeless Assistance Grants; $950 million for the HOME program; $335 million for the Housing Opportunities for Persons with AIDS program; and $27.9 billion for Section 8 Public and Indian Housing.
 
The Senate is set to begin consideration of the FY 2017 THUD Appropriations bill toward the end of the week of April 25, followed by the FY 2017 C-J-S Appropriations bill in the weeks ahead.
President Obama Signs Three Bills Into Law
 
On April 19, President Obama signed the following three bills into law:  
  • the "Older Americans Act Reauthorization Act of 2016," (S. 192) which reauthorizes and modifies grant programs for services to the elderly under the Older Americans Act of 1965;
  • the "Ensuring Patient Access and Effective Drug Enforcement Act of 2016," (S. 483) which amends the Controlled Substances Act to:  define "imminent danger to public health or safety" for the purposes of an immediate suspension or revocation by the Department of Justice (DOJ) of a registration to manufacture, distribute, or dispense controlled substances; and provide registrants with the opportunity to submit a corrective action plan prior to a determination by DOJ to deny or revoke a registration; and
  • the "Adding Zika Virus to the FDA Priority Review Voucher Program Act," (S. 2512) which adds Zika virus to the Food and Drug Administration priority review voucher program to encourage the development of treatments for neglected tropical diseases. 
Congressional Schedule

Tuesday, April 26
  • Full House Energy and Commerce Committee markup of: the "Nurturing and Supporting Healthy Babies Act" (H.R. 4978); a bill "To provide for the establishment of an inter-agency task force to review, modify, and update best practices for pain management and prescribing pain medication, and for other purposes" (H.R. 4641); the "Co-Prescribing to Reduce Overdoses Act of 2015" (H.R. 3680); the "Improving Treatment for Pregnant and Postpartum Women Act" (H.R. 3691); the "Veteran Emergency Medical Technician Support Act of 2015" (H.R. 1818); the "Opioid Use Disorder Treatment Expansion and Modernization Act" (H.R. 4981); the "DXM Abuse Prevention Act of 2015" (H.R. 3250); the "John Thomas Decker Act of 2016" (H.R. 4969); "Lali's Law" (H.R. 4586); the "Reducing Unused Medications Act of 2016" (H.R. 4599); the "Opioid Review Modernization Act of 2016" (H.R. 4976); the "Examining Opioid Treatment Infrastructure Act of 2016" (H.R. 4982); the "Kelsey Smith Act of 2016" (H.R. 4889); the "Kari's Law Act of 2015" (H.R. 4167); the "Rural Health Care Connectivity Act of 2015" (H.R. 4111); the "Spectrum Challenge Prize Act of 2015" (H.R. 4190); the "Securing Access to Networks in Disasters Act" (H.R. 3998); the "Anti-Swatting Act of 2015" (H.R. 2031); a bill "To amend the Communications Act of 1943 to require the Federal Communications Commission to publish on its Internet website changes to the rules of the Commission not later than 24 hours after adoption" (H.R. 2598); a bill "To amend the Communications Act of 1934 to require the Federal Communications Commission to publish on the website of the Commission documents to be voted on by the Commission" (H.R. 2592); a bill "To amend the Communications Act of 1934 to require identification and description on the website of the Federal Communications Commission of items to be decided on authority delegated by the Commission" (H.R. 2593); and the "Pipeline Safety Act of 2016" (H.R. ____). 
  • Full Senate Energy and Natural Resources Committee hearing "to examine challenges and opportunities for oil and gas development in different price environments."
  • Full Senate Finance Committee hearing entitled "Navigating Business Tax Reform."
  • Full Senate Homeland Security and Governmental Affairs Committee hearing entitled "Terror in Europe: Implications of ISIS's Western External Operations."
  • Full Senate Judiciary Committee hearing entitled "The Need for More Timeliness and Transparency: Oversight of the Public Safety Officers' Benefits (PSOB) Program."
  • Full House Rules Committee hearing to consider a rule for the "Helping Angels Lead Our Startups (HALOS) Act" (H.R. 4498).
Wednesday, April 27
  • Senate Special Committee on Aging hearing entitled "Valeant Pharmaceuticals' Business Model: the Repercussions for Patients and the Health Care System."
  • House Agriculture Subcommittee on Commodity Exchanges, Energy, and Credit hearing entitled "Focus on the Farm Economy: Factors Impacting the Cost of Production."
  • Senate Appropriations Subcommittee on Defense hearing "To review the Fiscal Year 2017 budget request and funding justification for the U.S. Department of Defense."
  • Full House Armed Services Committee markup of the FY 2017 National Defense Authorization Act (NDAA).
  • Full Senate Budget Committee hearing entitled "Fixing the Budget Process: Better Budgets, Better Results."
  • Full Senate Commerce, Science, and Transportation Committee markup of: the "FCC Reauthorization Act of 2016" (S. 2644); the "Federal Communications Commission Process Reform Act of 2015" (S. 421); the "Developing Innovation and Growing the Internet of Things (DIGIT) Act" (S. 2607); the "Youth Sports Concussions Act" (S. 2508); the "Maritime Administration Authorization and Enhancement Act for Fiscal Year 2017" (S. 2829); the "Digital Coast Act of 2015" (S. 2325); and the "Space Weather Research and Forecasting Act" (S. 2817).
  • House Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions hearing entitled "The Persuader Rule: The Administration's Latest Attack on Employer Free Speech and Worker Free Choice."
  • House Homeland Security Subcommittee on Counterterrorism and Intelligence hearing entitled "ISIS in the Pacific: Assessing Terrorism in Southeast Asia and the Threat to the Homeland."
  • Full Senate Homeland Security and Governmental Affairs Committee hearing entitled "Government Reform: Ending Duplication and Holding Washington Accountable."
  • Full Senate Indian Affairs Committee markup of: the "Native Educator Support and Training (NEST) Act" (S. 1928); the "Tribal Healing to Wellness Courts Act of 2015" (S. 2205); the "Tribal Early Childhood, Education, and Related Services Integration Act of 2015" (S. 2304);a bill "to provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes" (S. 2421); the "Safe Academic Facilities and Environments for Tribal Youth (SAFETY) Act" (S. 2468); the "Dine College Act of 2016" (S. 2564); the "Pueblo de Cochiti Self-Governance Act" (S. 2643); and the "Dam Repairs and Improvements for Tribes (DRIFT) Act of 2016" (S. 2717). Oversight hearing entitled "The GAO Report on, 'Telecommunications: Additional Coordination and Performance Measurement Needed for High-Speed Internet Access Programs on Tribal Lands.'"
  • Full House Judiciary Committee markup of: the "Comprehensive Opioid Abuse Reduction Act of 2016" (H.R. ___); the "Opioid Program Evaluation Act" (H.R. ___); the "Federal Law Enforcement Self-Defense and Protection Act of 2015" (H.R. 2137); a bill "To require a study by the Comptroller General of the United States on Good Samaritan laws that pertain to treatment of opioid overdoses, and for other purposes (H.R. ___); and the "Clarifying Amendment to Provide Terrorism Victims Equity (CAPTIVE) Act (H.R. 3394).
  • Full Senate Judiciary Committee hearing entitled "Counterfeits and Their Impact on Consumer Health and Safety."
  • House Natural Resources Subcommittee on Energy and Mineral Resources hearing entitled "Bureau of Land Management's Regulatory Overreach into Methane Emissions Regulation."
  • House Natural Resources Subcommittee on Water, Power and Oceans hearing entitled "Realizing the Potential of Hydropower as a Clean, Renewable and Domestic Energy Resource."
  • House Oversight and Government Reform Subcommittee on Transportation and Public Assets hearing entitled "Examining Management Practices and Misconduct at TSA: Part I."
  • Full House Rules Committee hearing to consider a rule for the "Scholarships for Opportunity and Results (SOAR) Reauthorization Act" (H.R. 4901) and a Resolution "Disapproving the rule submitted by the Department of Labor relating to the definition of the term 'Fiduciary'" (H.J. Res. 88).
  • Full House Small Business Committee hearing entitled "S is for Savings: Pro-Growth Benefits of Employee-Owned S Corporations."
  • Full Senate Small Business and Entrepreneurship Committee hearing entitled "Drowning in Regulations: The Waters of the U.S. Rule and the Case for Reforming the RFA." Markup of: the "SBIR and STTR Reauthorization and Improvement Act of 2016" (S. 2812); a bill "to amend the Small Business Investment Act of 1958 to provide priority for applicants for a license to operate as a small business investment company that are located in a disaster area" (S. 2831); the "Small Business Transforming America's Regions Act of 2016" (S. 2838); the "Small Business Innovation Protection Act of 2016" (S. ____); the "Microloan Program Modernization Act of 2016" (S. ____); and the "Prove It Act of 2016" (S. ____). 
Thursday, April 28 
  • House Agriculture Subcommittee on Commodity Exchanges, Energy, and Credit hearing "To Review the Impact of Capital and Margin Requirements on End-Users."
  • House Agriculture Subcommittee on Nutrition hearing entitled "Focus on the Farm Economy: Food Prices and the Consumer."
  • Senate Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining oversight and legislative hearing "to examine the impacts of invasive species on the productivity, value, and management of land and water resources."
  • Full Senate Finance Committee hearing entitled "Mental Health in America: Where Are We Now?"
  • House Homeland Security Subcommittee on Oversight and Management Efficiency hearing entitled "Transferring Guantanamo Bay Detainees to the Homeland: Implications for States and Local Communities."
  • Full House Homeland Security Committee markup of: a bill "to amend certain appropriation Acts to repeal the requirement directing the Administrator of General Services to sell Federal property and assets that support the operations of the Plum Island Animal Disease Center in Plum Island, New York, and for other purposes" (H.R. 1887); H.R. 4743, the "National Cybersecurity Preparedness Consortium Act of 2016" (H.R. 4743); and the "Airport Perimeter and Access Control Security Act of 2016" (H.R. ___).
  • House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law hearing on the "Stop Settlement Slush Funds Act of 2016" (H.R. ____).
  • House Judiciary Subcommittee on Constitution and Civil Justice hearing entitled "Oversight of the False Claims Act."
  • Full Senate Judiciary Committee markup of the "Expatriate Terrorist Act" (S. 247); the "Rapid DNA Act of 2015" (S. 2348); and the "Justice for All Reauthorization Act of 2016" (S. 2577).
  • House Natural Resources Subcommittee on Federal Lands legislative hearing on Discussion Draft of the "Locally-elected Officials Cooperating with Agencies in Land (LOCAL) Management Act."
  • House Natural Resources Subcommittee on Oversight and Investigations hearing entitled "The Consequences of Federal Land Management Along the U.S. Border to Rural Communities and National Security."
  • Full House Oversight and Government Reform Committee hearing entitled "Criminal Aliens Released by the Department of Homeland Security."
  • Full House Science, Space, and Technology Committee hearing entitled "Examining EPA's Predetermined Efforts to Block the Pebble Mine, Part II."
  • House Veterans' Affairs Subcommittee on Disability Assistance and Memorial Affairs legislative hearing on draft legislation "To amend title 38, United States Code, to improve the appeals process of the Department of Veterans Affairs."
Friday, April 29  
  • House Energy and Commerce Subcommittee on Energy and Power hearing on the "Advanced Nuclear Technology Development Act of 2016" (H.R. 4979) and the "Nuclear Utilization of Keynote Energy Policies Act" (H.R. ____).