Weekly Legislative Update
 Week of May 16, 2016
  
Congressional Outlook

Week of May 16th 
 
The House and Senate are in session this week. On Monday and Tuesday, the House will vote on 10 bills under suspension of the rules, including the "National Cybersecurity Preparedness Consortium Act of 2016" (H.R. 4743), which would allow the U.S. Department of Homeland Security to work with a consortium of academic, nonprofit, private industry, and federal, state, and local governmental partners to support the DHS's cybersecurity efforts. For the remainder of the week, the House will consider: a Democratic motion to instruct conferees on the "Comprehensive Addiction and Recovery Act of 2016" (S. 524), which would address the opioid epidemic and which incorporates 18 separate House-passed opioid-related measures, 17 of which were considered last week; the $610.5 billion FY 2017 National Defense Authorization Act (H.R. 4909); the $188.7 billion FY 2017 Military Construction-VA Appropriations bill (H.R. 4974); and the "Zika Response Appropriations Act, 2016" (H.R. ___), a measure which provides $622.1 million to federal agencies to fight the Zika virus and prevent it from spreading.
 
The Senate plans to spend much of the week considering legislation that combines the FY 2017 Transportation-HUD (S. 2844) and Military Construction-VA (S. 2806) appropriations bills. The vehicle for the minibus appropriations measure is H.R. 2577, the House-passed FY 2016 Transportation-HUD Appropriations bill. Leaders created a substitute amendment (S.Amdt.3896) using the text of S. 2844 and S. 2806. The Transportation-HUD section would provide a total of $56.5 billion in funding, including increases in funds for highway, transit and transportation safety programs that are consistent with the FAST Act. The Military Construction-VA section would authorize $190.1 billion in discretionary and mandatory funds. On Tuesday, the Senate has also scheduled cloture votes on three amendments to fund the government's efforts to combat the Zika virus. One (S.Amdt.3898), proposed by Sen. Bill Nelson (D-FL), would appropriate the Obama Administration's entire $1.9 billion request with no spending cuts as offsets. Another (S.Amdt.3899), proposed by Sen. John Cornyn (R-TX), would provide $1.1 billion in Zika money and offset the expenditure with cuts to the preventive health fund created under the Affordable Care Act. A third vote is planned on a compromise amendment (S.Amdt.3900), offered by Sens. Roy Blunt (R-MO) and Patty Murray (D-WA), that would provide $1.1 billion in emergency spending without any offsets. If cloture isn't invoked on the Nelson amendment, the Senate will next vote on cloture on the Cornyn provision. If cloture fails on the Cornyn amendment, the chamber next will vote to invoke cloture on the Blunt-Murray compromise. 
 
Both the House and Senate Appropriations Committees will continue to take action this week on FY 2017 Appropriations bills. On Tuesday, the House Appropriations Committee will markup the $517.1 billion FY 2017 Defense Appropriations bill and the $3.48 billion FY 2017 Legislative Branch Appropriations bill, as well as the Revised Report on the Interim Suballocation of Budget Allocations for FY 2017. On Wednesday, the House Appropriations Subcommittees on Commerce-Justice-Science and Transportation-HUD will markup their FY 2017 Appropriations bills. On Thursday, the Senate Appropriations Committee will mark up its FY 2017 Agriculture-FDA Appropriations bill and FY 2017 Legislative Branch Appropriations bill. 
Week in Review

Senate Passes FY 2017 Energy and Water Development Appropriations Bill
 
On May 12, the Senate passed, by a vote of 90-8, the $37.5 billion FY 2017 Energy and Water Development Appropriations Bill (H.R. 2028), which marks the earliest that the Senate has approved a stand-alone appropriations measure in more than 40 years. The bill contains $6 billion for the U.S. Army Corps of Engineers and $1.275 billion for the Bureau of Reclamation to fund water supply projects and programs in the western United States, which includes $100 million in drought relief funds. Senators went out of their way to leave out the policy riders lawmakers included in the House version of the bill, and the Senate Appropriations Committee approved it unanimously on April 14. Despite the bill's popular support in the Senate, the White House has threatened to veto it, saying the measure doesn't provide enough research funding for advanced energy projects or renewable energy sources. The Senate also considered four additional amendments to the bill last week, rejecting three and approving one:  
  • Sen. Tom Cotton's (R-AR) amendment #3878, was not agreed to be considered by a vote of 57-42 (60-vote threshold needed): adds the following language to the bill: "SEC ____. None of the funds appropriated or otherwise made available by this Act may be obligated or expended to purchase heavy water produced in Iran";
  • Sen. Ben Cardin's (D-MD) amendment #3871, was not agreed to by a vote of 39-60: adds language to use Federal and State expertise to mitigate fish and wildlife impacts at Corps of Engineers projects;
  • Sen. Deb Fischer's (R-NE) amendment #3888, cosponsored by Sens. Michael Bennet (D-CO), Cory Gardner (R-CO), Jerry Moran (R-KS), Ben Sasse (R-NE), and Pat Roberts (R-KS), was not agreed to by a vote of 51-48 (60-vote threshold needed): adds language to provide for the operation of reservoir projects by the Bureau of Reclamation; and
  • Sen. Jeff Flake's (R-AZ) amendment #3876, cosponsored by Sen. John McCain (R-AZ), was agreed to by voice vote: adds language to the end of the Corps' operation and maintenance section to require that certain funds are used for the review and revision of certain operational documents.
17 additional amendments to the bill were considered by the Senate from April 20-26, where it approved 13 of them and rejected 4. Read more...
Senate Passes Bill Reauthorizing National Estuary Program
 
On May 12, the Senate passed, by Unanimous Consent, a bill (S. 1523) to reauthorize the National Estuary Program (NEP), which now heads to President Obama's desk to be signed into law. The program was first established in 1987 by the late Senator John Chafee (R-RI) to protect and restore estuarine habitats threatened by pollution and overdevelopment.  The bill will authorize the NEP at $26.5 million per year from Fiscal Years 2017 through 2021. While the program has been sustained through the appropriations process, the law authorizing the NEP expired in 2010 and Congress has failed to make important improvements that are contained in the new authorization. Those improvements include a competitive grant program to help address the causes of urgent challenges, such as habitat loss and flooding, and limits on the amount of funding the federal government can use for overhead to help ensure that more funds are directed to field programs. The NEP is administered by the Environmental Protection Agency and focuses on the habitats and living resources of 28 estuaries across the country. Read more...
Senate Passes RESPONSE Act
 
On May 9, the Senate passed, by Unanimous Consent, the " Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE) Act of 2016" (S. 546), which would better prepare emergency responders to handle potential hazardous incidents, such as crude oil train derailments. The bill would enable first responders to get quality training and have access to the appropriate resources and effective communications. Specifically, the bill would establish a public-private council that combines emergency responders, federal agencies, and leading experts to review training and best practices for first responders. This council, co-chaired by the Federal Emergency Management Agency (FEMA) and Pipeline and Hazardous Materials Safety Administration (PHMSA),  would provide Congress with expert recommendations on how to address first responders' safety needs with increased railway safety challenges so they can best protect communities across the country. Read more...
House Passes Comprehensive Opioid Legislation
 
On May 10, the House passed, by a vote of 410-1, the "Opioid Program Evaluation (OPEN) Act" ( H.R. 5052), which would require DOJ and HHS to work with the National Academy of Sciences to evaluate the effectiveness of federal grant programs relating to opioid abuse, collect information from grant recipients and share it with the public.  The bill would require both departments, working with the Academy or third-party group, to: Identify, within 180 days of enactment, outcomes that the grant programs are intended to achieve and the metrics for measuring those outcomes-the information would be published within 30 days of being identified; require grant recipients to collect data based on the metrics and report annually to the department; provide an initial evaluation within three years of enactment assessing the nature and extent of opioid abuse and illegal distribution of opioids; and complete the evaluations within five years of enactment. The National Academy of Sciences would be responsible for publishing the initial and final evaluations and providing reports to Congress, as well as assisting with the departments' efforts to develop outcomes and related metrics.
 
On May 12, the House passed, by a vote of 413-5, the "Comprehensive Opioid Abuse Reduction Act of 2016" (H.R. 5046). The bill would authorize the future appropriation of $103 million annually from 2017 - 2021 to allow the Department of Justice (DOJ) to provide grants to state, local, and tribal governments for programs to prevent and combat opioid abuse.  The grants would help local officials to: facilitate and enhance collaboration between state criminal justice agencies and state substance abuse systems; develop, implement, or expand treatment alternatives for incarceration programs; train criminal justice agency personnel on substance use disorders and co-occurring mental illness and substance use disorders; provide additional training and resources for first responders on carrying and administering opioid reversal drugs; provide additional resources to investigate illicit activities related to the unlawful distribution of opioids; expanding or more closely monitoring a prescription drug abuse program; and additional support activities.
 
On May 13, the House passed, by a vote of 400-5, the "Comprehensive Addiction and Recovery Act" (S. 524), which consists of the 16 suspension bills that each passed the House during the week of May 9, including the OPEN Act, and the two bills passed under a rule, including the "Comprehensive Opioid Abuse Reduction Act of 2016." The additional bipartisan bills that passed the House under suspension of the Rules help to address the opioid epidemic facing the country by: encouraging and training health care providers to co-prescribe overdose reversal drugs, such as Naloxone, when the prescribe common opioids to patients at risk of addiction; allowing pharmacists to partially fill prescriptions for controlled substances while allowing the patient to return to the pharmacy if more medication is needed; providing informational materials to educate and prevent addiction in teenagers and adolescents who are injured playing sports and are subsequently prescribed an opioid; requiring Veterans Affairs (VA) and the Department of Defense (DOD) to update their Clinical Practice Guidelines for Management of Opioid Therapy for Chronic Pain and requiring VA opioid prescribers to have enhanced pain management and safe opioid prescribing education training; among other necessary steps. The comprehensive legislation will now move to a conference with the Senate package, and is likely to receive President Obama's signature despite Democratic protests that the bill lacks sufficient funding. Read more...
House Passes Bulletproof Vest Reauthorization Bill
 
On May 10, the House passed, by voice vote, the "Bulletproof Vest Partnership Grant Program Reauthorization Act of 2015" ( S. 125), which reauthorizes, through FY 2020, $25 million a year for matching grants for bulletproof vests worn by law enforcement officers, to be awarded to states, local governments, and Indian tribes. The last authorization for the grant program expired at the end of FY 2012.  Under S. 125, appropriated funds that aren't obligated by December 31, 2022, would be transferred to the general fund of the Treasury. The bill would express the sense of Congress that funds appropriated in a fiscal year should be spent by the end of the following year. Recipients of a matching grant would be barred from using other federal grant funds to pay or defer the cost of the matching requirement. JAG grantees would be required to adopt a mandatory-wear policy and purchase vests that comply with required standards. The bill would also allow the bureau to prioritize matching grants for jurisdictions that supply well-fitting vests, "including vests uniquely fitted to individual female law enforcement officers." President Obama signed S. 125 into law on May 16. Read more...
Congressional Schedule

Monday, May 16 
  • Full House Rules Committee meeting for the "National Defense Authorization Act for Fiscal Year 2017" (H.R. 4909).
Tuesday, May 17 
  • House Agriculture Subcommittee on Conservation and Forestry hearing entitled "Focus on the Farm Economy: Impacts of Environmental Regulations and Voluntary Conservation Solutions."
  • Full House Appropriations Committee markup of the FY 2017 Defense Appropriations Bill, FY 2017 Legislative Branch Appropriations Bill, and Revised Report on the Interim Suballocation of Budget Allocations for FY 2017.
  • Senate Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies markup of FY 2017 Agriculture-FDA Appropriations Bill.
  • Full House Education and the Workforce Committee hearing entitled "Helping Students Succeed by Strengthening the Carl D. Perkins Career and Technical Education Act."
  • House Energy and Commerce Subcommittee on Health hearing entitled "The Obama Administration's Medicare Drug Experiment: The Patient and Doctor Perspective."
  • Full House Energy and Commerce Committee markup of the "Ozone Standards Implementation Act of 2016" (H.R. 4775) and the "Advanced Nuclear Technology Development Act of 2016" (H.R. 4979).
  • Full Senate Energy and Natural Resources Committee hearing "To Examine the Status of Advanced Nuclear Technologies."
  • Senate Energy and Natural Resources Subcommittee on Water and Power legislative hearing on: the "Bolts Ditch Access and Use Act" (S. 2524); the "California Long-Term Provisions for Water Supply and Short-Term Provisions for Emergency Drought Relief Act" (S. 2533); a bill "To modify certain cost-sharing and revenue provisions relating to Arkansas Valley Conduit, Colorado" (S. 2616); the "Western Water Supply and Planning Enhancement Act" (S. 2902); and a bill "To amend the Energy and Water Development and Related Agencies Appropriations Act, 2015, to strike the termination date for funding for pilot projects to increase Colorado River System water in Lake Mead, and for other purposes" (S. 2907).
  • Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife oversight hearing entitled "Marine Debris and Wildlife: Impacts, Sources, and Solutions."
  • House Financial Services Subcommittee on Monetary Policy and Trade hearing entitled "Interest on Reserves and the Fed's Balance Sheet."
  • House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises hearing entitled "Legislative Proposals to Enhance Capital Formation, Transparency, and Regulatory Accountability."
  • Full Senate Finance Committee hearing entitled "Integrating the Corporate and Individual Tax Systems: The Dividends Paid Deduction Considered."
  • House Homeland Security Subcommittee on Oversight and Management Efficiency hearing entitled "Oversight of Federal Efforts to Address Electromagnetic Risks."
  • House Homeland Security Subcommittee on Transportation Security hearing entitled "Flying Blind: What Are the Security Risks of Resuming U.S. Commercial Air Service to Cuba?"
  • Full Senate Homeland Security and Governmental Affairs Committee hearing entitled "America's Insatiable Demand for Drugs: Assessing the Federal Response."
  • House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations hearing entitled "Synthetic Drugs, Real Danger."
  • House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law hearing entitled "H.R. 4768, the 'Separation of Powers Restoration Act of 2016'."
  • Full Senate Judiciary Committee hearing entitled "National Foster Care Month: Supporting Youth in the Foster Care and Juvenile Justice Systems."
  • House Natural Resources Subcommittee on Water, Power and Oceans hearing entitled "The Implications of President Obama's National Ocean Policy."
  • Full House Oversight and Government Reform Committee markup of: the "Regulatory Integrity Act of 2016" (H.R. 5226); the "Clarifying Congressional Intent in Providing for DC Home Rule Act of 2016" (H.R. 5233); the "Federal Reserve Transparency Act of 2015" (H.R. 24); the "Construction Consensus Procurement Improvement Act of 2016" (H.R. 5199); and the "Program Management Improvement Accountability Act" (S. 1550).
  • Full House Rules Committee hearing for the "National Defense Authorization Act for Fiscal Year 2017" (H.R. 4909); the "Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2017" (H.R. 4974); and the "Zika Response Supplemental Appropriations Act, 2016" (H.R. ____).
  • 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."
  • House Veterans' Affairs Subcommittee on Economic Opportunity hearing entitled "Veterans in Tech: Innovative Careers for All Generations of Veterans."
  • House Ways and Means Subcommittee on Health hearing entitled "Tax-Related Proposals to Improve Health Care." 
Wednesday, May 18 
  • Full House Agriculture Committee hearing entitled "Service in the Field: Veteran Contributions to National Food Security."
  • House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies markup of the FY 2017 Commerce-Justice-Science Appropriations Bill.
  • House Appropriations Subcommittee on Transportation, Housing and Urban Development, and Related Agencies markup of the FY 2017 Transportation-HUD Appropriations Bill.
  • Senate Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies hearing "to review the VA electronic health record network (VistA), progress toward interoperability with Department of Defense electronic health record system, and plans for the future."
  • Full Senate Commerce, Science, and Transportation Committee hearing entitled "The Telephone Consumer Protection Act at 25: Effects on Consumers and Business."
  • Full House Energy and Commerce Committee markup of the "Ozone Standards Implementation Act of 2016" (H.R. 4775) and the "Advanced Nuclear Technology Development Act of 2016" (H.R. 4979).
  • Full Senate Environment and Public Works Committee markup of: Nomination of Tom Burke to be EPA Assistant Administrator of the Office of Research and Development and Science Advisor; Nomination of Jane Nishida to be EPA Assistant Administrator of the Office of International and Tribal Affairs; the "Diesel Emissions Reduction Act of 2016" (S.2816); the "Nuclear Energy Innovation and Modernization Act" (S.2795); the "Brownfields Utilization, Investment, and Local Development Act of 2015" (S.1479); the "Improving Coal Combustion Residuals Regulation Act of 2016" (S.2446); the "Delaware River Basin Conservation Act of 2015" (S.921); a bill "To provide funds to the Army Corps of Engineers to hire veterans and members of the Armed Forces to assist the Corps with curation and historic preservation activities, and for other purposes" (H.R. 3114); a bill "To designate the Federal building and United States courthouse located at 300 Fannin Street in Shreveport, Louisiana, as the "Tom Stagg Federal Building and United States Courthouse" (S.2754); and GSA resolutions. 
  • House Financial Services Subcommittee on Financial Institutions and Consumer Credit hearing entitled "Examining the CFPB's Proposed Rulemaking on Arbitration: Is it in the Public Interest and for the Protection of Consumers?"
  • Full Senate Health, Education, Labor, and Pensions Committee hearing entitled "ESSA Implementation: Perspectives from Education Stakeholders."
  • Full Senate Homeland Security and Governmental Affairs Committee hearing entitled "Assessing the Security of Critical Infrastructure: Threat, Vulnerabilities, and Solutions."
  • Full Senate Indian Affairs Committee legislative hearing on: the "Tribal Youth and Community Protection Act of 2016" (S. 2785); a bill "to provide that the pueblo of Santa Clara may lease for 99 years certain restricted land, and for other purposes" (S. 2916); and the "Tribal Law and Order Reauthorization Act of 2016" (S. 2920).
  • Senate Judiciary Subcommittee on Crime and Terrorism hearing entitled "Ransomware: Understanding the Threat and Exploring Solutions."
  • House Natural Resources Subcommittee on Indian, Insular and Alaska Native Affairs legislative hearing on: 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" (H.R. 4289) and the "Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act" (S. 246).
  • Full House Oversight and Government Reform Committee hearing entitled "Examining Employee Misconduct at EPA."
  • House Oversight and Government Reform Subcommittees on Information Technology and Government Operations joint hearing entitled "The Federal Information Technology Reform Act Scorecard 2.0."
  • House Science, Space, and Technology Subcommittee on Space hearing entitled "Next Steps to Mars: Deep Space Habitats."
  • Full Senate Small Business and Entrepreneurship Committee hearing entitled "The Small Business Struggle Under Obamacare."
  • House Transportation and Infrastructure Subcommittee on Economic Development, Public Buildings, and Emergency Management hearing entitled "Border Station Construction: Minimizing Costs and Leveraging Private Dollars."
  • House Ways and Means Subcommittee on Social Security hearing entitled "Protecting Social Security from Waste, Fraud, and Abuse."
  • House Ways and Means Subcommittee on Human Resources hearing entitled "The Heroin Epidemic and Parental Substance Abuse: Using Evidence and Data to Protect Kids from Harm." 
Thursday, May 19 
  • Full Senate Agriculture, Nutrition, and Forestry Committee hearing entitled "The Farm Credit System: Oversight and Outlook of the Current Economic Climate."
  • Full Senate Appropriations Committee markup of the FY 2017 Agriculture-FDA Appropriations Bill and FY 2017 Legislative Branch Appropriations Bill.
  • Senate Banking, Housing, and Urban Affairs' Subcommittee on Securities, Insurance, and Investment hearing entitled "Improving Communities' and Businesses' Access to Capital and Economic Development."
  • House Energy and Commerce Subcommittee on Health hearing entitled "Examining H.R. 3299, the 'Strengthening Public Health Emergency Response Act.'"
  • Full Senate Energy and Natural Resources Committee hearing "to Examine the Bureau of Ocean Energy Management's 2017-2022 OCS Oil and Gas Leasing Program."
  • House Financial Services Subcommittee on Oversight and Investigations hearing entitled "Settling the Question: Did Bank Settlement Agreements Subvert Congressional Appropriations Powers?"
  • House Judiciary Subcommittee on the Constitution and Civil Justice hearing entitled "Examining Legislation to Promote the Effective Enforcement of the ADA's Public Accommodation Provisions."
  • Full Senate Judiciary Committee markup of: the "Expatriate Terrorist Act" (S. 247) and the "Electronic Communications Privacy Act Amendments Act of 2015" (S. 356).
  • Senate Judiciary Subcommittee on Immigration and the National Interest hearing entitled "Declining Deportations and Increasing Criminal Alien Releases-The Lawless Immigration Policies of the Obama Administration."
  • House Natural Resources Subcommittee on Energy and Mineral Resources oversight hearing entitled "Examining Deficiencies in Transparency at the Department of the Interior."
  • Full House Small Business Committee hearing entitled "Help Wanted: Small Business Providing Opportunities for All."