Weekly Legislative Update
 Week of September 12, 2016
  
Congressional Outlook

Week of September 12th

The House and Senate are both in session this week. On Monday and Tuesday, the House will consider 21 bills and resolutions under suspension of the rules, including the Strengthening Career and Technical Education for the 21st Century Act (H.R. 5587), which reauthorizes the Carl D. Perkins Career and Technical Education Act and contains numerous K-12 education and workforce development modernization reforms. For the remainder of the week, the House will vote on four bills: the Halt Tax Increases on the Middle Class and Seniors Act (H.R. 3590), which repeals an Affordable Care Act provision that increased the threshold for determining the amount of the medical expenses tax deduction; the VA Accountability First and Appeals Modernization Act of 2016 (H.R. 5620), which would strengthen protections for whistleblowers at the VA, make it easier to fire misbehaving VA employees, and reform the VA's disability benefits appeals process; the Regulatory Integrity Act of 2016 (H.R. 5226), which would require federal agencies to make information available on their websites for all public communications about proposed regulations or other pending regulatory actions; and a bill (H.R. 5351) which would halt the transfer of any Guantanamo Bay detainees until enactment of the FY 2017 National Defense Authorization Act, or until the end of this year.  
 
The Senate will continue its consideration of the Water Resources Development Act (WRDA) of 2016 (S. 2848), which includes authorization for 25 Army Corps of Engineers projects in 17 states and would allocate $220 million for water infrastructure updates to help alleviate the lead water crisis in Flint, Michigan and other cities. On Monday, the Senate will vote on the motion to invoke cloture on the Inhofe-Boxer substitute manager's amendment, and the Senate will then likely vote on additional amendments to S. 2848 before a final vote on the bill takes place on either Wednesday or Thursday.
 
Both the House and Senate will continue negotiations this week on a stopgap Continuing Resolution (CR) to fund the federal government beyond September 30, with the four top Congressional leaders meeting with President Obama on Monday at the White House to discuss the issue. House Republicans are split over their approach, with the far right pressing for a CR through March 2017. That approach does not appear to have the support of the party's leaders, who seem ready to work with Democrats to pass a short-term measure through December 2016. Senate Majority Leader Mitch McConnell (R-KY) indicated last week that he may adjourn the Senate at the end of this week, three weeks before the Senate was scheduled to adjourn on October 7, if he can get an agreement on, and pass, a CR that would fund the federal government through Friday, December 9, and which would also likely include funding to combat the Zika virus without any controversial policy riders attached. This would allow vulnerable Republican Senators up for re-election more time to campaign in their home states prior to the November 8 election while forcing the House to either accept the CR or take blame for a government shutdown.

Voters in Delaware, New Hampshire, and Rhode Island head to the polls for congressional primaries on Tuesday. There are 56 days until Election Day and 13 days until the first presidential debate.
Week in Review

Senate Begins Consideration of 2016 WRDA
 
On September 7, the Senate began formal consideration of the Water Resources Development Act (WRDA) of 2016 (S. 2848). Earlier in the month, the Senate Environment and Public Works (EPW) Committee released a substitute manager's amendment for S. 2848 (a summary of the changes made may be found  here , and a section-by-section summary may be found here ). On September 8, the Senate passed two amendments to WRDA by voice vote. One amendment, sponsored by Sens. Dean Heller (R-NV) and Martin Heinrich (D-NM), focused on water infrastructure projects in rural communities under the Section 595 Rural Western Water Program administered by the U.S. Army Corps of Engineers while another amendment, sponsored by Sens. Jeff Merkley (D-OR) and Ron Wyden (D-OR), offers loan forgiveness under the Clean Water State Revolving Funds to local irrigation districts. Senate Majority Leader Mitch McConnell (R-KY) filed for cloture on the measure on September 8, with the Senate adopting the motion to proceed by voice vote. Senate EPW Committee Chairman Jim Inhofe (R-OK) asked Senators to file amendments by noon on September 9, although the formal deadline for amendments is at 3:30 pm on September 12.  As of September 8, 29 amendments (see here and here) were filed for consideration to S. 2848, including the substitute manager's amendment and the two which passed last Thursday. A final vote on S. 2848 is expected to take place on September 14 or 15. Read more...
House-Senate Energy Conference Committee Meets for First Time
 
On September 8, the 47-member House-Senate Conference Committee (consisting of 40 Representatives and 7 Senators, 28 of whom are Republicans and 19 of whom are Democrats) held a meeting for the first time to discuss S. 2012, the Energy Policy Modernization Act of 2016. The Conference Committee includes Senate Energy and Natural Resources (ENR) Committee Chairman Lisa Murkowski (R-AK) and Ranking Member Maria Cantwell (D-WA), House Energy and Commerce (E&C) Committee Chairman Fred Upton (R-MI) and Ranking Member Frank Pallone (D-NJ), and House Natural Resources (NR) Committee Chairman Rob Bishop (R-UT) and Ranking Member Raรบl Grijalva (D-AZ). The purpose of this meeting was to hear opening statements from the conferees, with two minutes allowed for each conferee. No bill text or amendments were considered at this meeting of the conferees. Many observers and advocates of the Conference Committee do not expect a deal to be completed on the Conference Report for the energy legislation until after the election on November 8, 2016. Informal staff discussions continued over the long August recess, however, one Senate Democratic aide said that, as expected, they yielded no "breakthroughs." Staff talks were meant to lay the groundwork for conferees to hit the ground running this month. Aides indicated they hoped to soon "close out" discussions on some provisions but noted that members would have to make any final calls.
 
The meeting showed  that the wide-ranging energy bill could have a difficult time in the Conference Committee to reconcile differences between the House and Senate versions of the legislation. Key issues some members want to see resolved include investment in energy infrastructure and measures to address the California drought and wildfire management. Republicans also tried to convince Democrats to compromise instead of trying to work out a new deal for the bill if they end up being the majority in the next Congress. Sen. John Barrasso (R-WY)  told  Democrats that it was a bipartisan effort to get both the House and Senate to pass the energy legislation, and that Democrats need to work with the other side of the aisle to get something to the president's desk before the end of the year. Read more...
Senate Democrats Block Zika Funding Bill
  
On September 6, the Senate failed to win the 60 votes necessary to move forward and end debate on a conference report which provides $1.1 billion in funding to combat the Zika virus, only voting 52-46 on the procedural vote. Senate Democrats nearly unanimously voted to block the $1.1 billion funding bill, which was approved by House Republicans in June but has now failed three times in the Senate because of divisive language targeting Planned Parenthood. The Zika funding bill was attached to next year's spending bill for military construction and veterans affairs, typically one of the least controversial spending bills in either chamber. However, lawmakers from both parties hope this vote will be the final showdown before a deal is unveiled later this week as part of a bipartisan government spending package to avoid a government shutdown at the end of September. Read more...
Senate Democrats Block Defense Spending Bill
 
On September 6, the Senate failed to win the 60 votes necessary to move forward and end debate on the FY 2017 Defense Appropriations bill ( S. 3000), only voting 55-43 on the procedural vote. Republicans have slammed the Democratic filibuster, arguing that they're undercutting financial support for troops. The floor fight comes after the Senate's $574.5 billion defense spending bill  passed unanimously out of the Senate Appropriations Committee earlier this year. Democrats blocked the funding bill twice before the summer recess and vowed to hold up the appropriations process until Senate Majority Leader Mitch McConnell (R-KY) pledged to uphold a two-year budget deal and keep out "poison pill" riders. Read more...
Congressional Schedule

Monday, September 12 
  • House Energy and Commerce Subcommittee on Communications and Technology markup of the Improving Rural Call Quality and Reliability Act of 2015 (H.R. 2566) and the Anti-Spoofing Act of 2015 (H.R. 2669).
  • House Energy and Commerce Subcommittee on Health markup of the Protecting Patient Access to Emergency Medications Act of 2016 (H.R. 4365); National Diabetes Clinical Care Commission Act (H.R. 1192); Improving Access to Maternity Care Act (H.R. 1209); Mental Health First Aid (H.R.  1877); and the Title VIII Nursing Workforce Reauthorization Act of 2015 (H.R. 2713).
  • Full House Oversight and Government Reform Committee hearing entitled "Classifications and Redactions in FBI's Investigative File."
  • Full House Rules Committee meeting to consider the Halt Tax Increases on the Middle Class and Seniors Act (H.R. 3590) and the VA Accountability First and Appeals Modernization Act of 2016 (H.R. 5620). 
Tuesday, September 13 
  • House Agriculture Subcommittee on Nutrition hearing entitled "Past, Present, and Future of SNAP: Improving Innovation and Success in Employment and Training Programs."
  • Full Senate Agriculture, Nutrition, and Forestry Committee markup of the Resilient Federal Forests Act of 2015 (H.R. 2647).
  • Full Senate Armed Services Committee hearing entitled "Encryption and Cyber Matters."
  • Full Senate Banking, Housing, and Urban Affairs Committee hearing entitled "The National Flood Insurance Program: Reviewing the Recommendations of the Technical Mapping Advisory Council's 2015 Annual Report."
  • Senate Commerce, Science, and Transportation Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security hearing entitled "Examining the Better Online Ticket Sales Act of 2016."
  • Full House Financial Services Committee markup of the Financial Creating Hope and Opportunity for Investors, Consumers, and Entrepreneurs (CHOICE) Act of 2016 (H.R. 5983).
  • House Homeland Security Subcommittee on Border and Maritime Security hearing entitled "Moving the Line of Scrimmage: Re-Examining the Defense-in-Depth Strategy."
  • Full House Homeland Security Committee markup of the Bottles and Breastfeeding Equipment Screening Act (H.R. 5065); the Securing our Agriculture and Food Act (H.R. 5346); the Cyber Preparedness Act of 2016 (H.R. 5459); the First Responder Access to Innovative Technologies Act (H.R. 5460); the Cuban Airport Security Act of 2016 (H.R. 5728); the United States-Israel Cybersecurity Cooperation Enhancement Act of 2016 (H.R. 5843); the Community Counterterrorism Preparedness Act (H.R. 5859); the United States-Israel Advanced Research Partnership Act of 2016 (H.R. 5877); and the Security Grant Program Flexibility Act (H.R. 5943).
  • House Judiciary Subcommittee on the Constitution and Civil Justice hearing entitled "Exploring Federal Diversity Jurisdiction."
  • House Judiciary Subcommittee on Courts, Intellectual Property and the Internet hearing entitled "Oversight of the U.S. Patent and Trademark Office."
  • Full House Oversight and Government Reform Committee hearing entitled "Examining Preservation of State Department Records."
  • House Oversight and Government Reform Subcommittee on the Interior hearing entitled "21st Century Conservation Practices."
  • Full House Rules Committee meeting to consider the Regulatory Integrity Act of 2016 (H.R. 5226) and a bill "to prohibit the transfer of any individual detained at United States Naval Station, Guantanamo Bay, Cuba" (H.R. 5351).
  • Full House Science, Space and Technology Committee hearing entitled "Protecting the 2016 Elections from Cyber and Voting Machine Attacks."
  • House Small Business Subcommittees on Investigations, Oversight, and Regulations & Contracting and Workforce joint hearing entitled "The Cumulative Burden of President Obama's Executive Orders on Small Contractors."
  • House Ways and Means Subcommittee on Oversight hearing entitled "Back to School: A Review of Tax-Exempt College and University Endowments." 
Wednesday, September 14 
  • Senate Special Aging Committee hearing entitled "Maximizing Your Social Security Benefits: What You Need to Know."
  • Senate Appropriations Subcommittee on Energy and Water Development hearing entitled "The Future of Nuclear Power."
  • Full House Budget Committee hearing entitled "Growing Risks to the Budget and the Economy."
  • Full Senate Budget Committee hearing entitled "Oversight of the Congressional Budget Office (CBO)."
  • Full House Education and the Workforce Committee markup of the Supporting Youth Opportunity and Preventing Delinquency Act of 2016 (H.R. 5963).
  • House Energy and Commerce Subcommittees on Health & Oversight and Investigations joint hearing entitled "The Affordable Care Act on Shaky Ground: Outlook and Oversight."
  • House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade hearing entitled "Disrupter Series: Advanced Robotics."
  • Full House Homeland Security Committee hearing entitled "Shutting Down Terrorist Pathways Into America."
  • Full Senate Indian Affairs Committee markup of the Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes (RESPECT) Act (S. 2796) and legislative hearing to receive testimony on the following bills: the Reservation Land Consolidation Act of 2016 (S. 2636); a bill to repeal the Act entitled "An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation" (S. 3216); the Columbia River In-Lieu and Treaty Fishing Access Sites Improvement Act (S. 3222); and a bill "to approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes" (S. 3300).
  • Senate Judiciary Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts hearing entitled "Protecting Internet Freedom: Implications of Ending U.S. Oversight of the Internet."
  • House Natural Resources Subcommittee on Federal Lands hearing on the Utah Public Lands Initiative Act (H.R. 5780).
  • Full House Oversight and Government Reform Committee hearing entitled "Examining the Affordable Care Act's Premium Increases."
  • House Oversight and Government Reform Subcommittees on National Security & Government Operations joint hearing entitled "Radicalization in the U.S. and the Rise of Terrorism."
  • House Rules Subcommittee on Rules and Organization "Members' Day Hearing on Proposed Rules Changes for the 115th Congress."
  • Full House Science, Space and Technology Committee hearing entitled "Affirming Congress' Constitutional Oversight Responsibilities: Subpoena Authority and Recourse for Failure to Comply with Lawfully Issued Subpoenas."
  • Full House Small Business Committee hearing entitled "IRS Puts Small Businesses through Audit Wringer."
  • Full House Veterans' Affairs Committee hearing entitled "An Examination of VA's Misuse of Employee Settlement Agreements."
  • Full Senate Veterans' Affairs Committee hearing entitled "The Future of the VA: Examining the Commission on Care Report and VA's Response."
  • House Ways and Means Subcommittee on Health hearing entitled "Exploring the Use of Technology and Innovation to Create Efficiencies, Higher Quality, and Better Access for Beneficiaries in Health Care." 
Thursday, September 15
  • Full Senate Agriculture, Nutrition, and Forestry Committee nomination hearing for Christopher James Brummer and Brian D. Quintenz to be Commissioners of the U.S. Commodity Futures Trading Commission (CFTC).
  • Full Senate Armed Services Committee hearing entitled "Long-term Budgetary Challenges Facing the Military Services and Innovative Solutions for Maintaining our Military Superiority."
  • Full Senate Commerce, Science, and Transportation Committee hearing entitled "Oversight of the Federal Communications Commission."
  • House Energy and Commerce Subcommittee on Energy and Power hearing entitled "The Department of Energy's Role in Advancing the National, Economic, and Energy Security of the United States."
  • Full Senate Homeland Security and Governmental Affairs Committee hearing entitled "The State of Health Insurance Markets."
  • Full Senate Judiciary Committee markup of the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 (S. 2763); the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (S. 3155); and the Elder Abuse Prevention and Prosecution Act (S. 3270).
  • House Science, Space and Technology Subcommittee on Environment hearing entitled "A Solution in Search of a Problem: EPA's Methane Regulations."
  • Full Senate Small Business and Entrepreneurship Committee hearing entitled "An Examination of the Federal Response and Resources for Louisiana Flood Victims."
  • House Transportation and Infrastructure Subcommittee on Water Resources and Environment hearing entitled "A Review of Recently Completed United States Army Corps of Engineers Chief's Reports."