Weekly Legislative Update
 Week of January 26, 2016
  
Congressional Outlook

Week of January 26th 

The Senate is in session this week, while the House is in recess until Monday, February 1 due to Winter Storm Jonas. House Democrats will still meet in Baltimore, Maryland on Wednesday for their annual policy retreat. Also on Wednesday, the Senate will begin consideration of the "Energy Policy Modernization Act of 2015" (S. 2012). The bipartisan measure, which the Senate Energy and Natural Resources Committee passed on July 30 by an 18-4 vote, would expand liquified natural gas exports, modernize the electrical grid, and update a number of other efficiency regulations that haven't changed since 2007. The bill would also permanently reauthorize the Land and Water Conservation Fund (LWCF) and create a new National Park Maintenance and Revitalization Fund to focus on the maintenance backlog at National Parks. On January 25, Sens. Lisa Murkowski (R-AK) and Maria Cantwell (D-WA) released a manager's package of amendments to the bill. There are also expected to be numerous partisan amendments, including measures that would help the coal industry, improve energy efficiency, or make statements on climate change. The Senate may also soon consider an Authorization for the Use of Military Force (AUMF) resolution (S.J. Res. 29) to authorize the war against ISIS, as well as the "Life at Conception Act of 2016" (S. 2464), which would give unborn children equal protection under the law as part of the 14th Amendment.
 
When the House returns next week, it will vote on an Iran sanctions bill, the "Iran Terror Finance Transparency Act" (H.R. 3622), which would prevent the government from lifting sanctions on individuals involved with Iran's ballistic missile program. The House is also expected to attempt to override President Obama's January 8 veto of a reconciliation package, the "Restoring Americans' Healthcare Freedom Reconciliation Act of 2015" (H.R. 3762), which repeals the Affordable Care Act and defunds Planned Parenthood. The House will also vote on the "Encouraging Employee Ownership Act of 2015" (H.R. 1675), the "Financial Institution Customer Protection Act of 2015" (H.R. 766), and the "Housing Opportunity Through Modernization Act of 2015" (H.R. 3700). Lastly, the House also consider nine bills under suspension of the rules when it returns on Monday, including the Coast Guard reauthorization bill (H.R. 4188).
 
It was recently reported that House Speaker Paul Ryan (R-WI) is unlikely to schedule votes on sensitive issues until after this year's elections, a strategy employed by his predecessor, former House Speaker John Boehner (R-OH), that could frustrate some in the House Republican Conference. When House members return to Capitol Hill over the next week, Republicans said in interviews they are ready to dig into the five policy areas that Speaker Ryan has outlined for his agenda: national security, the economy, health care, poverty, and constitutional powers. Ryan has pledged to set up committee-led task forces, which will offer listening sessions for members who want to contribute to the policy development. However, Speaker Ryan conceded that the House is unlikely to vote on the policy ideas Republican members will develop because they can't be passed into law this year, given that President Obama is still in the White House. These policy ideas include a revamped replacement for the Affordable Care Act and welfare reform overhaul legislation.
Week in Review

Senate Fails to Override President Obama's Veto of WOTUS Disapproval Resolution
 
On January 19, President Obama   vetoed the "Resolution of Disapproval" ( S. J. Res. 22), passed by the Senate on November 4 and by the House on January 13, which rejected the Obama Administration's new rule broadening the Clean Water Act definition of "Waters of the United States" (WOTUS). Congress responded with plans to override the Presidential veto. The Senate was the first to attempt to override the veto but failed to do so on January 21.  During a procedural vote, 52 Senators supported a motion to begin consideration of the veto override, but the total was short of the 60 votes needed to overcome a filibuster by most Senate Democrats. In any case, the Senate vote was well short of the two-thirds majority (67 votes) needed to override the presidential veto of S.J. Res 22 even if the motion had been cleared for consideration.

The disapproval resolution stems from the Congressional Review Act (CRA), which provides Congress with a mechanism to nullify major regulations. CRA disapproval resolutions are considered by the Senate under special rules that prohibit filibusters, and so the Senate was able to pass it on November 4 by a simple majority vote of 53-44. All but one Senate Republican supported the bill, which also got votes from three Democrats. The House approved the resolution on January 13 by a vote of 253 - 166, with only 12 Democrats voting for the resolution.
 
The Senate's failure to override the veto, which was expected, means that the House will not consider an override motion. However, in the coming months there are likely to be other legislative efforts, most likely in FY 2017 appropriations bills, to overturn, delay or force a re-write of the rule that expands the jurisdiction of the Clean Water Act. Most recently, GOP sponsors of the Senate bill to stop the WOTUS rule (S. 1140) have indicated they will try to offer the legislation as an amendment to the "Energy Policy Modernization Act of 2015" which is slated to be considered on the Senate floor this week. Meanwhile, the Obama Administration is busy defending the rule in federal courts, where lawsuits against the regulation have been filed by more than half the states and by groups representing agriculture, builders and other interests. The courts have temporarily stayed implementation of the rule, which went into effect on August 28, 2015, following more than four years of development by the U.S. Army Corps of Engineers and the Environmental Protection Agency. Read more...
Syrian Refugee Bill Does Not Advance in Senate
 
On January 20, the Senate failed to move forward on considering the "American Security Against Foreign Enemies Act of 2015" (H.R. 4038) by a vote of 55-43, five votes short of the 60 necessary to overcome a filibuster. Under the bill, which the House passed on November 19th by a vote of 289-137, a refugee from Syria or Iraq would not be admitted to the U.S. until the U.S. Department of Homeland Security, FBI and Office of the Director of National Intelligence unanimously agree that the individual doesn't pose a security threat and provide a certification to Congress. Read more...
CBO Releases Budget and Economic Outlook for 2016-2026
 
On January 19, the nonpartisan Congressional Budget Office (CBO) released its report entitled "The Budget and Economic Outlook: 2016 to 2026." According to the CBO, the federal deficit will grow larger than the economy this year for the first time since 2009. This year's deficit will be $544 billion, $105 billion more than last year's deficit. The CBO says if current laws aren't changed, the deficit could grow significantly over the next 10 years. Additionally, federal spending on major health care programs will jump by $104 billion, or 11.1 percent, this year. These figures include a $24 billion increase stemming from a shift in the timing of certain Medicare payments from 2017 into 2026. CBO projects that spending on federal health programs will make up 5.5 percent of the country's gross domestic product this year, and reach 6.6 percent by the end of 2026. The report also says that federal spending on major health programs, such as Medicare and Medicaid, make up more than 60 percent of the projected growth in mandatory spending in 2016. Read more...
Congressional Schedule

Wednesday, January 27  
  • Full Senate Environment and Public Works Committee hearing entitled "Economic Opportunities from Land Cleanup Programs and a Legislative Hearing on S. 1479, the 'Brownfields Utilization, Investment, and Local Development Act of 2015'; S. 2446, the 'Improving Coal Combustion Residuals Regulation Act of 2016'; and Discussion Draft of Good Samaritan Cleanup of Orphan Mines Act of 2016."
  • Full Senate Judiciary Committee hearing entitled "Attacking America's Epidemic of Heroin and Prescription Drug Abuse." 
Thursday, January 28  
  • Full Senate Finance Committee hearing entitled "Helping Americans Prepare for Retirement: Increasing Access, Participation and Coverage in Retirement Savings Plans."
  • Full Senate Health, Education, Labor and Pensions Committee hearing entitled "Generic Drug User Fee Amendments: Accelerating Patient Access to Generic Drugs."
  • Senate Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations hearing entitled "Adequacy of the Department of Health and Human Services' Efforts to Protect Unaccompanied Alien Children From Human Trafficking."
  • Full Senate Judiciary Committee markup of: S. 247, the "Expatriate Terrorist Act"; H.R. 1428, the "Judicial Redress Act of 2015"; S. 483, the "Ensuring Patient Access and Effective Drug Enforcement Act of 2015"; S. 1890, the "Defend Trade Secrets Act of 2015"; and S. 2040, the "Justice Against Sponsors of Terrorism Act."
  • Full Senate Small Business Committee hearing entitled "Reauthorization of the Small Business Innovation Research (SBIR)/Small Business Technology Transfer (SBTT) Programs-The Importance of Small Business Innovation to National and Economic Security."