Weekly Legislative Update
 Week of September 26, 2016
  
Congressional Outlook

Week of September 26th

The House and Senate are in session this week. On Monday and Tuesday, the House will consider  19 bills under suspension of the rules, including the Mental Health First Aid Act of 2016 (H.R. 1877), which would reauthorize a SAMHSA grant program to support mental health awareness training for educators and first responders at $15 million per year for FYs 2017-2021; the Transit Security Grant Program Flexibility Act (H.R. 5943), which would provide an additional year for recipients of DHS Public Transportation Security Assistance Grants to use money that they receive; the First Responder Access to Innovative Technologies Act (H.R. 5460), which would require that FEMA develop a process for reviewing grant applications for purchasing equipment and systems that don't meet or exceed voluntary consensus standards under the State Homeland Security Grant Program and the Urban Area Security Initiative; and the Cyber Preparedness Act of 2016 (H.R. 5459), which would expand a DHS information-sharing initiative with states and municipalities to include coordination involving cybersecurity risks.
 
For the remainder of the week, the House will consider the following bills: the $3.1 billion Water Resources Development Act (WRDA) of 2016 (H.R. 5303), which would authorize more than 25 Army Corps water-related infrastructure projects, expand the available uses for the Harbor Maintenance Trust Fund, clarify drone use by the Corps, and permit non-federal project sponsors to conduct more project activities; the CO-OP Consumer Protection Act of 2016 ( H.R. 954), which temporarily exempts enrollees in failed nonprofit health insurers from the Affordable Care Act's individual mandate; and the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act ( H.R. 6094), which would require a six-month delay in the effective date of the final DOL overtime rule, from Dec. 1, 2016 to June 1, 2017; the rule would increase the salary threshold an employee must hit to be overtime exempt from $23,660/year to $47,476/year. Lastly, the House will vote on a Continuing Resolution (CR) to fund the federal government from Oct. 1-Dec. 9, in order to prevent a government shutdown; the vote will take place after the Senate first takes action on the CR this week.
 
On Tuesday, the Senate will hold a procedural vote on moving forward to vote on the CR (summary available  here), publicly unveiled on September 22 by Senate Majority Leader Mitch McConnell (R-KY), which would extend FY 2016 funding levels for 70 days, until Friday, December 9. The CR also contains the FY 2017 Military Construction-VA Appropriations  bill and the  Zika Response and Preparedness Appropriations Act, which provides $1.1 billion in emergency funding to combat the Zika virus. Many Democrats have said they oppose the CR because it doesn't include funding to help Flint, Michigan rebuild its drinking water infrastructure that became contaminated with lead, as well as the inclusion of a provision of current law that would bar the Securities and Exchange Commission from requiring companies to disclose political donations. A Democratic filibuster to block the proposal would raise the political stakes as lawmakers try to prevent a repeat of the partial government shutdown three years ago. The Senate will also vote on Wednesday on overriding President Obama's recent   veto of the Justice Against Sponsors of Terrorism Act ( S. 2040), which would allow families of 9/11 victims the ability to sue Saudi Arabia in U.S. courts. The House and Senate each passed S. 2040 by voice vote earlier this year, setting up the possibility that Congress may successfully override a veto from President Obama for the first time in his Presidency; a successful veto override would require a two-thirds majority in the House and Senate.
Week in Review

Obama Administration Announces Prescription Opioid and Heroin Epidemic Awareness Week
 
On September 19, the Obama Administration announced the Prescription Opioid and Heroin Epidemic Awareness Week. Leading up to and during the Awareness Week, federal agencies were taking a number of actions, including:
  • Expanding substance use disorder treatment in the TRICARE system to include coverage of intensive outpatient programs and treatment of opioid use disorders with medication-assisted treatment;
  • Establishing enhanced measures in conjunction with the Chinese government to combat the supply of fentanyl and its analogues coming to the United States;
  • Increasing the patient limit from 100 to 275 for practitioners prescribing buprenorphine to treat opioid use disorders. Since July, 1,275 practitioners have applied for and been granted waivers to prescribe at the increased limit-improving access to medication-assisted treatment (MAT); and
  • Supporting distance learning and telemedicine programs that expand access to healthcare, substance use disorder treatment, and educational opportunities in rural communities. 
Obama Administration Announces New Federal Automated Vehicles Policy
 
On September 20, the Obama Administration announced a new Federal Automated Vehicles Policy to help facilitate the responsible introduction of automated vehicles to make transportation safer, cleaner, more accessible, and more efficient.  The policy package is composed of four sections:
 
1) Vehicle performance guidance  for manufacturers, developers, and other organizations outlining a 15 point "Safety Assessment" for the safe design, development, testing, and deployment of highly automated vehicles, including a request that automakers sign and submit this safety assessment to certify that their vehicles are ready for public roads.
2) Model for state policy  that presents a clear distinction between Federal and State responsibilities and recommends policy areas for states to consider with a goal of generating a consistent national framework for the testing and operation of automated vehicles while leaving room for learning and valuable state discretion.
3) Current regulatory tools  that National Highway Traffic Safety Administration (NHTSA) can use to aid the safe development of automated vehicles, such as interpreting current rules to allow for appropriate flexibility in design, providing limited exemptions to allow for testing of nontraditional vehicle designs, and ensuring that unsafe automated vehicles are removed from the road.                                   
4) New tools and authorities  that NHTSA could consider seeking in the future to aid the safe and efficient deployment of new lifesaving technologies and ensure that technologies deployed on the road are safe. For example, NHTSA is seeking public feedback on whether to consider pre-approving novel automated vehicle technologies before they are allowed on public roads and whether to create a new Federal safety standard for revolutionary vehicle designs, such as ones that do not require a steering wheel or gas pedal.
 
Obama Administration Announces Climate Change and National Security Policy
 
On September 21, the Obama Administration announced that President Obama had signed a new Presidential Memorandum (PM) on Climate Change and National Security, establishing a policy that the impacts of climate change must be considered in the development of national security-related doctrine, policies, and plans.  To achieve this, 20 Federal agencies and offices with climate science, intelligence analysis, and national security policy development missions and responsibilities will collaborate to ensure the best information on climate impacts is available to strengthen our national security. The Presidential Memorandum was released alongside a  report  from the National Intelligence Council identifying pathways through which climate change will likely pose significant national security challenges for the United States over the next two decades, including threatening the stability of other countries.
 
Additionally, on September 22, the Obama Administration announced the launching of the Partnership for Resilience and Preparedness (PREP) , a public-private collaboration among Federal agencies, non-governmental organizations, private-sector companies, and civil-society organizations. The partnership will identify priority-information needs, reduce barriers to data access and usability, and develop an open-source platform to enable sharing and learning on the availability and use of data and information for climate resilience. Additionally, To further strengthen global collaboration to enhance access to actionable information for climate resilience, the Administration, along with 13 other nations and organizations from the private sector and civil society, is releasing today a   Joint Declaration on Harnessing the Data Revolution for Climate Resilience. The Joint Declaration is being released by the governments of Bangladesh, Belgium, Canada, Colombia, Germany, Ireland, Japan, Kenya, the Marshall Islands, Mexico, Peru, the Republic of Korea, the United Kingdom, and the United States, as well as by Amazon Web Services, IBM, Economic Commission for Latin America and Caribbean, Future Earth, the Group on Earth Observations, Google, Microsoft, World Bank, and World Resources Institute. The Joint Declaration calls for concrete actions in order to increase international climate resilience through improving accessibility and usability of data. Read more...
House Passes Bill to Block High-Cost Regulations Under Litigation
 
On September 21, the House passed, by a vote of 244-180, the " Require Evaluation before Implementing Executive Wishlists (REVIEW) Act of 2015 ( H.R. 3438 ), which would delay high-cost federal regulations until all judicial reviews have been exhausted. The bill would prohibit major rules (those costing the economy $1 billion or more per year) from moving forward if individuals or groups challenge them in court within 60 days of an agency's issuing them. Democrats opposed the bill, arguing the legislation would only lead to more delays in the slow-moving regulatory process, which could stall vital environmental and public health protections. The bill now heads to the Senate, where it will face tough opposition from Senate Democrats. The White House issued a Statement of Administration Policy for H.R. 3438, threatening to veto the bill because it "would promote unwarranted litigation, introduce harmful delay, and, in many cases, thwart implementation of statutory mandates and execution of duly enacted laws." Read more...
House Passes Supporting Youth Opportunity and Preventing Delinquency Act
 
On September 22, the House passed, by a vote of 382-29, the "Supporting Youth Opportunity and Preventing Delinquency Act of 2016" ( H.R. 5963 ), which would reauthorize, through FY 2022, a total of $855.2 million for federal programs to prevent juvenile delinquency and provide services to young offenders for state and local governments. According to a fact sheet provided by the House Education and the Workforce Committee, H.R. 5963:  
  • Sets kids up for long-term success by helping them acquire skills necessary to grow into productive members of society and promoting opportunities to turn their lives around;
  • Provides state and local leaders flexibility to meet the needs of delinquent youth in their communities and improve public safety;
  • Helps at-risk youth avoid the juvenile justice system by supporting prevention services;
  • Prioritizes what works by focusing on evidence-based strategies with proven track records; and
  • Improves accountability and oversight to deliver positive outcomes for kids and protect taxpayers. 
House Passes DOT Grant Notification Bill
 
On September 21, the House passed, by a vote of 424-1, a bill ( H.R. 5977 ) requiring the U.S. Department of Transportation to provide advance notice to the House Transportation and Infrastructure & Senate Environment and Public Works Committees at least three business days before awarding a grant of $750,000 or more. This would allow members of Congress the ability to issue press releases and inform grant awardees of the announcement before it's made public by DOT itself. Read more...
 
House Passes Community Counter-terrorism Preparedness Act
 
On September 21, the House passed, by a vote of 395-30, the Community Counter-terrorism Preparedness Act ( H.R. 5859 ), which would authorize $39 million annually, through FY 2022, in FEMA grants for emergency response agencies in major urban areas for training and exercises to prevent, prepare for and respond to potential terrorist attack scenarios, including active shooters. Key points of the bill include:  
  • The bill authorizes $39 million for emergency response providers in major metropolitan areas to conduct training and exercises to prevent, prepare for, and respond to the most likely terrorist attack scenarios, such as active shooters or improvised explosive devices.
  • Emergency response providers (defined in the Homeland Security Act as law enforcement, fire fighters, emergency management, etc.) are the only eligible recipients of funding under the bill.
House Passes Bill to Reduce FAA Burdens on State and Local Governments
 
On September 21, the House passed, by a vote of 425-0, 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. 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...
Congressional Schedule

Monday, September 26 
  • Full House Rules Committee meeting to consider the Water Resources Development Act of 2016 (H.R. 5303) and the CO-OP Consumer Protection Act of 2016 (H.R. 954). 
Tuesday, September 27 
  • Full Senate Commerce, Science, and Transportation Committee hearing entitled "Oversight of the Federal Trade Commission."
  • House Energy and Commerce Subcommittee on Oversight and Investigations hearing entitled "Bioresearch Labs and Inactivation of Dangerous Pathogens."
  • House Financial Services Subcommittee on Financial Institutions and Consumer Credit hearing entitled "Examining Legislative Proposals to Address Consumer Access to Mainstream Banking Services."
  • House Financial Services Subcommittee on Monetary Policy and Trade hearing entitled "The Financial Stability Board's Implications for U.S. Growth and Competitiveness."
  • Full Senate Homeland Security and Governmental Affairs Committee hearing entitled "Fifteen Years After 9/11: Threats to the Homeland."
  • House Judiciary Subcommittee on Immigration and Border Security hearing entitled "New Orleans: How the Crescent City Became a Sanctuary City."
  • Full House Oversight and Government Reform Committee hearing entitled "Department of Justice and Witness Immunity."
  • Full House Rules Committee meeting to consider the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act (H.R. 6094).
  • House Science, Space, and Technology Subcommittee on Space hearing entitled "Are We Losing the Space Race to China?"
  • House Small Business Subcommittee on Investigations, Oversight and Regulations hearing entitled "Opportunity Rising: the FAA's New Regulatory Framework for Commercial Drone Operations."
  • House Veterans' Affairs Subcommittee on Disability Assistance and Memorial Affairs hearing entitled "Investigating How VA Improperly Paid Millions to Incarcerated Veterans."
  • House Ways and Means Subcommittee on Trade hearing entitled "Effective Enforcement of U.S. Trade Laws." 
Wednesday, September 28 
  • Joint Economic Committee hearing entitled "The 'New Normal'? An Assessment of the Economic Recovery."
  • Full House Financial Services Committee hearing entitled "Semi-Annual Testimony on the Federal Reserve's Supervision and Regulation of the Financial System."
  • House Financial Services Subcommittee on Housing and Insurance hearing entitled "The Impact of US-EU Dialogues on U.S. Insurance Markets."
  • Full House Judiciary Committee hearing entitled "Oversight of the Federal Bureau of Investigation."
  • Senate Judiciary Subcommittee on Immigration and the National Interest hearing entitled "Oversight of the Administration's FY 2017 Refugee Resettlement Program."
  • House Oversight and Government Reform Subcommittee on Information Technology hearing entitled "Cybersecurity: Ensuring the Integrity of the Ballot Box."
  • House Transportation and Infrastructure Subcommittee on Economic Development, Public Buildings, and Emergency Management hearing entitled "Department of Veterans Affairs Leases: Is the VA Over-Paying for Leased Medical Facilities?"
  • House Ways and Means Subcommittee on Oversight hearing entitled "Health Care Fraud Investigations." 
Thursday, September 29 
  • Full House Financial Services Committee hearing entitled "Holding Wall Street Accountable: Investigating Wells Fargo's Opening of Unauthorized Customer Accounts."
  • Senate Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management hearing entitled "Understanding the Millennial Perspective in Deciding to Pursue and Remain in Federal Employment."
  • House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law hearing entitled "Ongoing Oversight: Monitoring the Activities of the Justice Department's Civil, Tax and Environment and Natural Resources Divisions and the U.S. Trustee Program."
  • House Oversight and Government Reform Subcommittee on Government Operations hearing entitled "2020 Census: Outcomes of the 2016 Site Test."
  • House Science, Space, and Technology Subcommittee on Research and Technology hearing entitled "Academic Regulatory Relief: A Review of New Recommendations."