Weekly Legislative Update
 Week of February 29, 2016
  
Congressional Outlook

Week of February 29th

The House and Senate are both in session this week. The House will vote on 9 bills under suspension of the rules on Monday, including the "FEMA Disaster Assistance Reform Act of 2015" (H.R. 1471), which would reauthorize FEMA for three years and would authorize $150 million for the National Urban Search and Rescue Response System, establish rates for reimbursing state and local governments for administrative costs incurred to implement disaster recovery projects, and commission a study of disaster costs and losses. Another suspension bill, the "Amplifying Local Efforts to Root out Terror (ALERT) Act of 2016" (H.R. 4401), would authorize the U.S. Department of Homeland Security (DHS) to train department, state and local personnel on how to counter violent extremism and would require DHS to assess its support for countering violent extremism at the state and local levels.
 
On Monday, the Senate will vote on the motion to proceed to the "Comprehensive Addiction and Recovery Act of 2015" (S. 524), which would authorize $77.9 million a year from fiscal 2016 through 2020 for grants awarded by the Health and Human Services and Justice departments to combat drug addiction and treat overdoses. Senator Jeanne Shaheen (D-NH) is expected to offer a floor amendment that would provide $600 million in emergency funding for federal programs at HHS and DOJ. While the Senate debates the opioid addiction bill, Senate Energy and Natural Resources Committee Chairman Lisa Murkowski (R-AK) and Ranking Member Maria Cantwell (D-WA) will work to complete an agreement that would clear the way for passage of the "Energy Policy Modernization Act of 2015" (S. 2012), which would revise programs related to energy cybersecurity, efficiency, infrastructure and supply management. Chairman Murkowski, speaking February 26 at an energy conference in Houston, predicted a vote this week on passage. That deal would also allow separate floor action on the $250 million proposal to allow Flint and other communities plagued with severe drinking-water pollution to borrow money to fix pipes and reservoirs. A Democratic filibuster has held up the energy legislation to force action on Flint assistance. The drinking-water provision would be added as an amendment to House-passed Flint legislation, the "Safe Drinking Water Act Improved Compliance Awareness Act" (H.R. 4470), with a 60-vote threshold required for adoption of the amendment and the bill's final passage.
The House GOP leadership's goal to pass a budget this year is facing resistance from some Republican lawmakers because the blueprint includes the increased spending levels agreed to in last year's budget deal. House Budget Committee Chairman Tom Price (R-GA) continues listening sessions with his Republican colleagues who are deeply divided over the particulars of a fiscal year 2017 budget resolution. The slow pace of the talks makes it unlikely that Chairman Price's panel will mark up a budget resolution before the House starts a week-long recess on Friday. Members of the House Freedom Caucus, the most conservative group of House Republicans, received a boost when the leaders of the 171-member Republican Study Committee backed their demand to lower the discretionary budget caps by $30 billion. House Appropriators have dug in against that attempt. They also oppose a compromise proposal to put mandatory-spending changes on their bills, fearing that would produce a stalemate and a continuing resolution.
 
House appropriators have scheduled another wave of hearings this week on the Obama Administration's budget request, with the goal of being ready to start marking up the first of the fiscal year 2017 spending bills as soon as the week of March 14. Health and Human Services Secretary Sylvia Mathews Burwell, Energy Secretary Ernest Moniz, Interior Secretary Sally Jewell, Housing and Urban Development Secretary Julian Castro, Commerce Secretary Penny Pritzker and Veterans Affairs Secretary Robert McDonald top the list of Obama Administration officials testifying about their agencies' budget requests this week. Senate Minority Leader Harry Reid (D-NV) stated last week that Senate Democrats would not disrupt the appropriations process this year in retaliation for Republicans refusing to consider President Obama's eventual Supreme Court nominee. 
Week in Review

President Obama Signs Permanent Internet Tax Freedom Act Into Law
 
On February 24, President Obama signed the "Trade Facilitation and Trade Enforcement Act of 2015" ( H.R. 644 ) into law. The bill would expand trade enforcement programs at several federal agencies and formally reauthorizes the U.S. Customs and Border Protection for the first time since it was created in 2002. The bill also contains the "Permanent Internet Tax Freedom Act," (PITFA) which makes permanent the federal moratorium on new state and local Internet access taxes. The current moratorium on Internet access taxes was extended to October 1, 2016 under the FY2016 Omnibus appropriations bill. Under H.R. 644, states and localities also would be permanently prohibited from imposing multiple or discriminatory taxes on electronic commerce purchases. Multiple taxation can occur when tax is charged on the same purchase in more than one state. A tax is considered discriminatory if it otherwise wouldn't be imposed or if it's imposed at a different rate than on similar transactions. Since the moratorium was first passed in 1998 under the "Internet Tax Freedom Act" (ITFA), a "grandfather clause" had allowed state and local governments that already imposed and enforced Internet access taxes before October 1, 1998, to continue doing so. The bill gives the remaining grandfathered states until June 30, 2020, to discontinue taxing Internet access.
 
Senate Democrats, led by Sen. Dick Durbin (D-IL), allowed the bill to move forward after getting a deal with Senate Majority Leader Mitch McConnell (R-KY) to move separate legislation in 2016 to allow states to collect sales tax from Internet retailers in exchange for allowing the permanent Internet tax ban to go through. House Speaker Paul Ryan (R-WI) has recently stated that the "Marketplace Fairness Act of 2015," (MFA; S. 698 ) which would give states and localities more authority to tax purchases made online, even when someone in their state buys the online item from a retailer with no physical location in the state, may be brought up for a vote this year. States and retail groups have long called for a fix, arguing that physical stores are being outmatched by online stores because of the tax advantage. Read more...
House Passes Directing Dollars to Disaster Relief Act, President Obama Signs Into Law
 
On February 23, the House passed, by voice vote, the "Directing Dollars to Disaster Relief Act of 2015" ( S. 2109 ), which would direct the Administrator of the Federal Emergency Management Agency (FEMA) to:  
  • develop and implement an integrated plan to control and reduce administrative costs incurred by FEMA in support of the delivery of assistance for major disasters;
  • compare the costs and benefits of tracking the administrative cost data for major disasters by the public assistance, individual assistance, hazard mitigation, and mission assignment programs;
  • track such information; and
  • clarify FEMA guidance and minimum documentation requirements for a direct administrative cost claimed by a grantee or sub-grantee of a public assistance grant program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. 
Additionally, FEMA would need to submit to Congress, by November 30 of each year, a report on the development and implementation of the plan for the previous fiscal year, with three-year and five-year updates. The Senate previously passed S. 2109 unanimously on February 9 and President Obama signed the bill into law on February 29. 
House Passes Sportsmen Heritage and Recreational Enhancement Act
 
On February 26, the House passed, by a vote of 242-161, the "Sportsmen's Heritage and Recreational Enhancement (SHARE) Act of 2015" ( H.R. 2406). The bill would require the Interior Department and the U.S. Forest Service to provide access to lands managed by those agencies for hunting, fishing, and recreational shooting. The bill also increases the allocation of excise taxes that are currently collected on firearms and ammunition to the construction or expansion of new target ranges. Additionally, the bill blocks the Obama Administration's rule to restrict trade in elephant ivory and allows the importation into the U.S. of polar bear hunting trophies taken prior to when polar bears were listed as threatened under the Endangered Species Act. The measure also amends the Toxic Substances Control Act (TSCA) to prohibit the Environmental Protection Agency (EPA) from regulating lead contained in bullets, angling lures, and other hunting and fishing equipment. Lastly, the bill would prevent the U.S. Army Corps of Engineers from restricting firearms on Corps properties. The White House issued a Statement of Administration Policy for H.R. 2406, strongly opposing the bill "in its current form" because it opposes sections of the bill "which include  harmful provisions that impair Federal management of federally-owned lands and undermine important existing public land and environmental laws, rules, and processes." Read more...
Congressional Schedule

Monday, February 29  
  • House Appropriations Subcommittee on Financial Services and General Services budget hearing for the General Services Administration. 
Tuesday, March 1  
  • House Rules Committee meets to formulate a rule on the "Ensuring Terminated Providers are Removed from Medicaid and CHIP Act" (H.R. 3716).
  • House Agriculture Subcommittee on Conservation and Forestry hearing entitled "Voluntary Conservation: Utilizing Innovation and Technology."
  • Full Senate Agriculture Committee business meeting entitled "Biotechnology Labeling Solutions Markup."
  • House Appropriations Subcommittee on Energy and Water Development, and Related Agencies budget hearing for the Department of Energy.
  • House Appropriations Subcommittee on Defense budget hearing for the United States Navy and Marine Corps.
  • House Appropriations Subcommittee on Homeland Security budget hearing for the United States Customs and Border Protection.
  • House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies budget hearing for the Corporation for National and Community Service.
  • House Appropriations Subcommittee on Energy and Water Development, and Related Agencies budget hearing for the Department of Energy, National Nuclear Security Administration, Weapons and Activities and Nuclear Nonproliferation and Naval Reactors.
  • House Appropriations Subcommittee on Transportation, Housing and Urban Development, and Related Agencies budget hearing for the United States Department of Housing and Urban Development.
  • Senate Appropriations Subcommittee on Agriculture, Food and Drug Administration, and Related Agencies roundtable discussion "on the state of the farm economy."
  • Senate Appropriations Subcommittee on Homeland Security budget hearing for the Transportation Security Administration.
  • Full House Armed Services Committee's "Members' Day-National Defense Priorities from Members for the FY 2017 National Defense Authorization Act."
  • House Energy and Commerce Subcommittee on Energy and Power hearing to "Examine Pipeline Safety Reauthorization."
  • House Energy and Commerce Subcommittee on Health hearing entitled "Examining the Financing and Delivery of Long-Term Care in the U.S."
  • Full Senate Finance Committee hearing entitled "The Multiemployer Pension Plan System: Recent Reforms and Current Challenges."
  • House Financial Services Committee's Task Force to Investigate Terrorism Financing hearing entitled "Helping the Developing World Fight Terror Finance."
  • House Homeland Security Subcommittee on Border and Maritime Security hearing entitled "Transparency, Trust and Verification: Measuring Effectiveness and Situational Awareness Along the Border."
  • House Judiciary Committee's Executive Overreach Task Force hearing entitled "The Original Understanding of the Role of Congress and How Far We've Drifted From It."
  • Full House Judiciary Committee hearing entitled "The Encryption Tightrope: Balancing Americans' Security and Privacy."
  • Full House Natural Resources Committee hearing entitled "Oversight Hearing on the President's 2017 Budget Proposal with Department of the Interior Secretary Sally Jewell."
  • House Natural Resources Subcommittee on Water, Power and Oceans legislative hearing on the "Ensuring Access to Pacific Fisheries Act" (H.R. 4576).
  • Full House Oversight and Government Reform Committee markup of the "Virgin Islands of the United States Centennial Commission Act" (H.R. 2615); the "National Bison Legacy Act" (H.R. 2908); the "Administrative Leave Reform Act" (H.R. 4359); the "Federal Information Systems Safeguards Act of 2016" (H.R. 4361); a bill "to amend title 5, United States Code, to require that the Office of Personnel Management submit an annual report to Congress relating to the use of official time by Federal employees" (H.R. 4392); the "Midnight Rule Relief Act of 2016" (H.R. 4612); a bill "to reauthorize the Office of Special Counsel, to amend title 5, United States Code, to provide modifications to authorities relating to the Office of Special Counsel, and for other purposes" (H.R. 4639); and the "Truth in Settlements Act of 2015" (S. 1109).
  • House Transportation and Infrastructure Subcommittee on Economic Development, Public Buildings, and Emergency Management hearing entitled "Saving Taxpayers Dollars by Reducing Federal Office Space Costs."
  • House Ways and Means Subcommittee on Human Resources hearing entitled "Getting Incentives Right: Connecting Low-Income Individuals with Jobs." 
Wednesday, March 2  
  • Joint Economic Committee hearing entitled "The Economic Report of the President."
  • House Rules Committee meets to formulate a rule on the "Blocking Regulatory Interference from Closing Kilns Act of 2016" (H.R. 4557).
  • Full House Agriculture Committee hearing entitled "Past, Present, and Future of SNAP: Examining State Options."
  • House Appropriations Subcommittee on Military Construction, Veterans Affairs and Related Agencies budget hearing for the Department of Veterans Affairs.
  • House Appropriations Subcommittee on Defense budget hearing for the United States Air Force.
  • House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies budget hearing for the Substance Abuse and Mental Health Services Administration.
  • House Appropriations Subcommittee on Energy and Water Development, and Related Agencies budget hearing for the Department of Energy, Applied Energy.
  • House Appropriations Subcommittee on Interior, Environment, and Related Agencies budget hearing for the Department of the Interior.
  • House Appropriations Subcommittee on Energy and Water Development, and Related Agencies budget hearing for the Department of Energy, Science.
  • House Appropriations Subcommittee on Homeland Security budget hearing for the Transportation Security Administration.
  • House Appropriations Subcommittee on Transportation, Housing and Urban Development, and Related Agencies budget hearing for the Federal Railroad Administration and the Federal Aviation Administration.
  • Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies budget hearing for the U.S. Department of the Interior.
  • Senate Appropriations Subcommittee on Defense budget hearing for the U.S. Navy and Marine Corps.
  • Senate Appropriations Subcommittee on Agriculture, Food and Drug Administration, and Related Agencies budget hearing for the Food and Drug Administration.
  • Senate Appropriations Subcommittee on Energy and Water Development for the U.S. Army Corps of Engineers and the Bureau of Reclamation.
  • Full Senate Commerce, Science, and Transportation hearing entitled "Oversight of the Federal Communications Commission."
  • House Energy and Commerce Subcommittee on Energy and Power hearing entitled "The Fiscal Year 2017 DOE Budget."
  • House Energy and Commerce Select Investigative Panel on Infant Lives hearing entitled "Bioethics and Fetal Tissue."
  • House Energy and Commerce Subcommittee on Oversight and Investigations hearing entitled "Examining the U.S. Public Health Response to the Zika Virus."
  • Full Senate Environment and Public Works Committee hearing entitled "Economic Opportunities from Land Cleanup Programs and a Legislative Hearing on 3 Measures: the 'Improving Coal Combustion Residuals Regulation Act of 2016' (S. 2446); the 'Brownfields Utilization, Investment, and Local Development Act of 2015' (S. 1479); and a discussion draft of the 'Good Samaritan Cleanup of Orphan Mines Act of 2016.'"
  • Full House Financial Services Committee markup of 10 bills: the "SAFE Transitional Licensing Act of 2015" (H.R. 2121); the "Taking Account of Institutions with Low Operation Risk Act of 2015" (H.R. 2896); the "Flood Insurance Market Parity and Modernization Act" (H.R. 2901); the "Due Process Restoration Act of 2015" (H.R. 3798); the "Investor Clarity and Bank Parity Act" (H.R. 4096); the "Fostering Innovation Act of 2015" (H.R. 4139); the "Expanding Proven Financing for American Employers Act" (H.R. 4166); the "Helping Angels Lead Our Startups Act" (H.R. 4498); the "Preserving Access to CRE Capital Act of 2016" (H.R. 4620); and the "Main Street Growth Act" (H.R. 4638).
  • Full Senate Foreign Relations Committee hearing entitled "Economic and Geopolitical Implications of Low Oil and Gas Prices."
  • House Homeland Security Subcommittee on Transportation Security hearing entitled "The Transportation Security Administration's FY2017 Budget Request."
  • Full Senate Homeland Security and Governmental Affairs Committee nomination hearing for Patrick Pizzella to be a Member of the Federal Labor Relations Authority.
  • Full Senate Judiciary Committee hearing entitled "The Distortion of EB-5 Targeted Employment Areas: Time to End the Abuse."
  • House Natural Resources Subcommittee on Energy and Mineral Resources hearing entitled "The Impact of the President's FY 2017 Budget on the Energy and Mineral Leasing and Production Missions of the Bureau of Ocean Energy Management (BOEM), the Bureau of Safety and Environmental Enforcement (BSEE), and the Bureau of Land Management (BLM)."
  • Full House Oversight and Government Reform Committee hearing entitled "Geolocation Technology and Privacy."
  • Full House Oversight and Government Reform Committee hearing entitled "Firearms Lost: GSA's Administration of the Surplus Firearm Donation Program."
  • House Science, Space, and Technology Subcommittee on Research and Technology hearing entitled "Smart Health: Empowering the Future of Mobile Apps."
  • Full House Small Business Committee hearing entitled "Commercializing on Innovation: Reauthorizing the Small Business Innovation Research and Small Business Technology Transfer Programs."
  • Full House Transportation and Infrastructure Committee markup of General Services Administration Capital Investment and Leasing Program Resolutions; the "Public Buildings Reform and Savings Act of 2016" (H.R. 4487); the "Federal Assets Sale and Transfer Act of 2016" (H.R. 4465); the "Great Lakes Restoration Initiative Act of 2015" (H.R. 223); the "Foreign Spill Protection Act of 2015" (H.R. 1684); and the "Baudette Coast Guard Housing Conveyance Act" (H.R. 3030). 
  • House Ways and Means Subcommittee on Oversight hearing entitled "Protecting the Free Exchange of Ideas on College Campuses." 
Thursday, March 3  
  • House Appropriations Subcommittee on Interior, Environment, and Related Agencies budget hearing for the Office of Surface Mining Reclamation and Enforcement.
  • House Appropriations Subcommittee on Military Construction, Veterans Affairs and Related Agencies budget hearing for Installations, Environment, Energy and BRAC.
  • House Appropriations Subcommittee on Defense budget hearing for United States Army.
  • House Appropriations Subcommittee on Homeland Security budget hearing for United States Coast Guard.
  • House Appropriations Subcommittee on Interior, Environment, and Related Agencies budget hearing for the Bureau of Land Management.
  • House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies budget hearing for the Department of Agriculture, Marketing and Regulatory Programs.
  • House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies budget hearing for the National Aeronautics and Space Administration, Ocean Worlds.
  • Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies budget hearing for the U.S. Department of Health and Human Services.
  • Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies budget hearing for the U.S. Department of Commerce.
  • Senate Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies budget hearing for the Veterans Health Administration and the Veterans Benefits Administration.
  • House Armed Services Subcommittee on Readiness hearing entitled "The Marine Corps 2017 Budget Request and Readiness."
  • Senate Banking, Housing, and Urban Affairs Subcommittee on Securities, Insurance, and Investment hearing entitled "Regulatory Reforms to Improve Equity Market Structure."
  • Full Senate Commerce, Science, and Transportation markup of the "Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (MOBILE NOW) Act" (S. 2555).
  • House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade hearing entitled "Disrupter Series: Wearable Devices."
  • Full Senate Energy and Natural Resources Committee hearing "to examine the Department of Energy's budget request for Fiscal Year 2017."
  • Full Senate Finance Committee hearing entitled "Free Trade Agreement Implementation: Lessons from the Past."
  • Full Senate Homeland Security and Governmental Affairs Committee hearing entitled "Dogs of DHS: How Canine Programs Contribute to Homeland Security."
  • Full Senate Judiciary Committee markup of the "Expatriate Terrorist Act" (S. 247).
  • House Science, Space, and Technology Subcommittees on Energy and Oversight hearing entitled "Department of Energy Oversight: The DOE Loan Guarantee Program."
  • Full Senate Small Business and Entrepreneurship Committee hearing entitled "The Impacts of Federal Fisheries Management on Small Businesses."