Weekly Legislative Update
 Week of June 20, 2016
  
Congressional Outlook

Week of June 20th
 
The House and Senate are both in session this week. The House will consider 22 bills under suspension of the rules on Tuesday night, including the NATaT-supported "Small Business Health Care Relief Act" (H.R. 5447), which would exempt health reimbursement plans offered by small employers, including local municipalities with fewer than 50 employees, from the group-health-plan requirements of the Affordable Care Act. For the remainder of the week, the House will vote on: overriding President Obama's June 8th veto of H.J.Res.88, a resolution that would nullify the U.S. Department of Labor's rule on the fiduciary duties of investment advisers; the $21.7 billion FY 2017 Financial Services-General Government Appropriations bill (H.R. 5485), which would cut spending at the Internal Revenue Service (IRS) and Securities and Exchange Commission (SEC), as well as place the Consumer Financial Protection Bureau (CFPB) under the annual appropriations process for the first time; the "Restoring Access to Medication Act of 2015" (H.R. 1270), which would repeal IRS regulations issued under the Affordable Care Act that bar payments for over-the-counter drugs from health and medical savings accounts; the "Separation of Powers Restoration Act of 2016" (H.R. 4768), which would require courts to review challenges to federal agency actions without deferring to or considering the agencies' interpretations of laws and regulations; and possible consideration of a House-Senate conference report on the FY 2017 MilCon-VA Appropriations bill (H.R. 2577), a vehicle for a supplemental Zika funding package.  
 
The Senate will continue its consideration of its $56.3 billion FY 2017 Commerce-Justice-Science Appropriations bill (S. 2837), which contains $2.36 billion for state and local law enforcement and crime prevention grant programs, and which the White House has already threatened to veto because of the "inclusion of problematic ideological provisions." On Monday, the Senate will vote on cloture for 4 amendments to the Commerce-Justice-Science spending bill related to gun control, which will each require 60 votes for passage. Sen. Chuck Grassley's (R-IA) amendment would authorize annual appropriations of $125 million from 2016 through 2020 to improve the nationwide system for instant criminal background checks of would-be gun buyers and aim to provide for prompt notification to federal and local law enforcement whenever somebody who has been investigated as a known or suspected terrorist in the previous five years tries to buy a firearm; Sen. Chris Murphy's (D-CT) amendment would set up procedures for improving the national instant background-check system, would penalize states for failure to meet annual benchmarks, and would tighten the definition of people deemed mentally incompetent to purchase a firearm; Sen. John Cornyn's (R-TX) amendment would bar, for 72 hours, the sale of guns to someone who had been under investigation for terrorism in the previous five years; and Sen. Dianne Feinstein's (D-CA) amendment would prevent people from buying a gun if they'd been on the terror watch list in the past five years.The Senate may then turn to a House-passed bill (H.R. 5278) addressing Puerto Rico's $70 billion debt crisis, which has its detractors on the left side of the aisle in the Senate, so the debate could be lengthy.
 
Now that the Senate has appointed conferees on opioid legislation, lawmakers are presumably closer to agreement on how to combat the rise in opioid addiction. Talks are expected to continue this week as Democrats push for money to fund the effort while Republicans say they can provide the money through the regular appropriations process. House and Senate lawmakers are also, perhaps futilely, still haggling over energy legislation. The House has appointed conferees on energy, but the Senate still hasn't voted to go to conference with the House to reconcile its energy package with the House version. Lastly, the rollout of the House GOP policy agenda continues with the final (and most anticipated) policy papers on healthcare and tax reform this week. House Speaker Paul Ryan (R-WI) is soldiering forth in promoting the GOP's "A Better Way" agenda, which is designed for a Republican president, even though other Republicans acknowledge that the presumptive nominee, Donald J. Trump, hasn't shown much interest in the plan.     
Week in Review

House Passes FY 2017 Defense Appropriations Bill
 
On June 16, the House passed, by a vote of 282-138, the FY 2017 Defense Appropriations bill (H.R. 5293), which appropriates $517.1 billion in FY 2017 base discretionary budget authority for the U.S. Department of Defense - plus an additional $58.6 billion in discretionary budget authority designated for Overseas Contingency Operations (OCO). The White House issued a Statement of Administration for H.R. 5293, threatening to veto the bill because it "fails to provide our troops with the resources needed to keep our Nation safe [...] would impose other unneeded costs, constraining DOD's ability to balance military capability, capacity, and readiness [...] fails to adopt many [critical] reforms, including through measures prohibiting the use of funds to propose or plan for a new Base Realignment and Closure (BRAC) round. The bill also continues unwarranted restrictions regarding detainees at Guantanamo Bay that threaten to interfere with the Executive Branch's ability to determine the appropriate disposition of detainees and its flexibility to determine when and where to prosecute Guantanamo detainees based on the facts and circumstances of each case and our national security interests." Read more...
House Passes Countering Terrorist Radicalization Act
 
On June 16, the House passed, by a vote of 402-15, the "Countering Terrorist Radicalization Act" (H.R. 5471), which combines three counterterrorism-related bills that previously passed the House in 2016: (1) the "Amplifying Local Efforts to Root out Terror (ALERT) Act of 2016" (H.R. 4401), which passed the House by a voice vote on February 29th, would authorize the U.S. Department of Homeland Security (DHS) to train state and major urban area fusion centers (local and state law enforcement personnel) in the most effective tactics and methods used to counter terrorism; provides increased community awareness of ongoing terrorist threats; and directs DHS to notify Congress on the number of security clearances they issue to state and local law enforcement communities; (2) the "Combating Terrorist Recruitment Act of 2016" (H.R. 4820), which passed the House on April 26th by a vote of 322-79, would require DHS to use the testimonials of former extremists to combat domestic terrorist recruitment; and (3) the "Counterterrorism Advisory Board Act of 2016" (H.R. 4407), which passed the House on May 16th by  a vote of 389-5, codifies the Counterterrorism Advisory Board (CTAB), which is the central counterterrorism decision-making body at DHS and sets the procedures of issuing terrorism alerts. The House voted on the legislation in the wake of the deadly shooting at a gay nightclub in Orlando, Florida.  Read more... 
House Passes Preventing IRS Abuse and Protecting Free Speech Act
 
On June 14, the House passed, by a vote of 240-182, the "Preventing IRS Abuse and Protecting Free Speech Act" (H.R. 5053), which would prohibit the Internal Revenue Service (IRS) from requiring tax-exempt 501(c) organizations to disclose contributors. Under current law, many tax-exempt 501(c) organizations like charities and social welfare organizations file an information return, Form 990, along with a Schedule B form which lists any donor who has contributed more than $5,000 or more during one calendar year. This form is kept confidential by the IRS. H.R. 5053 would prohibit the IRS from collecting the names, addresses, or other identifying information of contributors to any 501(c) organization unless the donor: (1) is party to a prohibited tax shelter transaction with the organization; or (2) contributes $5,000 or more and is an officer, director, or one of the five highest compensated employees during the taxable year. The White House issued a Statement of Administration Policy for H.R. 5053, stating that it opposes the bill because it "would constrain the Internal Revenue Service's (IRS) ability to enforce tax laws and reduce transparency." Read more...
House Passes FOIA Improvement Act, Sending Bill to President Obama
 
On June 13, the House passed, by voice vote, the "FOIA Improvement Act of 2016" (S. 337). The bill, which the Senate passed by Unanimous Consent on March 15, requires federal agencies to operate under a "presumption of openness" when considering the release of government information under FOIA and aims to reduce the overuse of exemptions to withhold information from the public. According to the sponsor of the bill, Sen. John Cornyn (R-TX), the legislation "will reduce bureaucracy in the FOIA request process by requiring the Office of Management and Budget (OMB) to create a single portal through which individuals can submit a FOIA request to any agency. It also requires agencies to proactively disclose documents that are likely to be of public interest in order to increase access to government documents outside the often onerous FOIA request process. Finally, the legislation provides the Office of Government Information Services (OGIS), an office created by the Leahy-Cornyn OPEN Government Act in 2007 to help mediate FOIA disputes, with additional independence and authority to carry out its work." Read more...
Senate Passes FY 2017 National Defense Authorization Act
 
On June 14, the Senate passed, by a vote of 85-13, the FY 2017 National Defense Authorization Act (S. 2943), which sets Defense Department policy and funding for the fiscal year that starts Oct. 1. National defense and military personnel programs would be authorized to receive $618.2 billion in discretionary and mandatory funds in FY 2017, including war funding. The annual bill still has to overcome a number of hurdles before it gets signed into law. The White House, on June 7, threatened to veto S. 2943 over several of its policy provisions, including restrictions on Guantanamo Bay detainee transfers and a cap on the size of the White House National Security Council staff. The House also passed its version of the NDAA last month. Lawmakers will now need to merge their two competing proposals during a conference committee. The House bill adds $18 billion in defense spending, but the Senate rejected a similar proposal after Democrats and some Republicans balked at breaking a current two-year budget deal. Lawmakers will also need to decide whether women will be required to register for the draft. The provision stayed in the Senate bill despite pushback from conservative lawmakers who had pledged to try to remove it. Read more...     
Senate Passes Pipeline Safety Bill, Sending to President Obama For Signature
 
On June 13, the Senate passed, by Unanimous Consent, the House-amended version of the "Securing America's Future Energy: Protecting our Infrastructure of Pipelines and Enhancing Safety (SAFE PIPES) Act" ( S. 2276 ), which would reauthorize the Pipeline and Hazardous Materials Safety Administration's (PHMSA) pipeline safety programs through FY 2019 and create new standards for underground natural gas storage tanks, and which the House passed on June 8 by voice vote. The House's amended version of the bill draws from two bills passed earlier this year out of the House Transportation & Infrastructure and Energy & Commerce Committees: the "PIPES Act of 2016" ( H.R. 4937 ) and the "Pipeline Safety Act of 2016" ( H.R. 5050 ), respectively. The amended House bill makes changes to PHMSA safety policies, including a push to add more transparency to the regulatory process. It also gives the U.S. Department of Transportation more power to issue emergency energy pipeline shutdown orders and requires a study of pipeline operators' management plans. S. 2276 was delivered to President Obama on June 16 and is currently awaiting his signature. Read more...
Senate Votes to Form Conference Committee with House on Opioid Legislation
 
On June 16, the Senate voted 95-1 to set up a conference committee with the House that will seek to iron out differences between the chambers' bills intending to combat the opioid epidemic. The Senate's version of the legislation, the Comprehensive Addiction and Recovery Act (S. 524), which the Senate passed on March 10 by a vote of 94-1, would authorize grants for educational programs, the anti-overdose drug naloxone, programs to monitor prescribing practices and other initiatives against the abuse of heroin and prescription opioid painkillers. The House passed an amended version of the legislation on May 13 by a vote of 400-5. On June 16, the Senate voted 66-29 for a measure from Sen. Jeanne Shaheen (D-NH) to instruct the conferees to "be instructed to insist that the final conference report include funding for prevention, treatment, and recovery associated with state and local efforts needed to combat the national heroin and opioid epidemic." The Senate also voted 70-24 for a measure from Sen. Sheldon Whitehouse (D-RI) to instruct the conferees:  
  • to reject proposals that would replace the individual prevention, treatment, law enforcement, and recovery programs authorized in S. 524, including the incentive grant program authorized in section 601, with a single grant program with multiple allowable uses;
  • to insist that the final conference report include authorizations explicitly designated for grants to States, and in the case of States that do not have prescription drug monitoring programs, units of local government that do have such programs, to strengthen the use of and make improvements to prescription drug monitoring programs;
  • to insist that the final conference report address the unique needs of rural communities, which are among the hardest hit by opioid abuse in the United States and are often in the most dire need of improved emergency services and more accessible treatment infrastructure;
  • to insist that the final conference report authorize those provisions of S. 1641 that were approved by the Committee on Veterans' Affairs of the Senate; and
  • to insist that the final conference report include the provisions of S. 1455 as reported by the Committee on Health, Education, Labor, and Pensions of the Senate. 
The 7 Senate conferees for the opioid legislation include Sens. Chuck Grassley (R-IA), Lamar Alexander (R-TN), Orrin Hatch (R-UT), Jeff Sessions (R-AL), Patrick Leahy (D-VT), Patty Murray (D-WA) and Ron Wyden (D-OR), along with 35 House members. Read more...
Senate Passes Rapid DNA Act
 
On June 16, the Senate passed, by Unanimous Consent, the "Rapid DNA Act of 2016" (S. 2348), which would update federal DNA laws to allow properly trained police officers in booking stations and other locations to upload DNA samples to the FBI's CODIS database so that officers can determine more quickly whether a suspect in custody is connected to a crime or is innocent. Key provisions of the bill include:
  • Updating the DNA Identification Act of 1994 to authorize criminal justice agencies using Rapid DNA instruments in conformance with quality assurance standards approved by the FBI to upload profiles generated by such devices to CODIS;
  • Directing the FBI to issue standards and procedures for the use of Rapid DNA instruments and the use of DNA analyses derived from such instruments; and
  • Authorizing the FBI to waive the current requirement that samples collected from federal or District of Columbia offenders be sent to the FBI for processing in cases where samples are processed using FBI-approved Rapid DNA instruments in conformance with FBI-issued quality assurance standards.   
Senate Passes Justice for All Reauthorization Act
 
On June 16, the Senate passed, by Unanimous Consent, the "Justice for All Reauthorization Act of 2016" (S. 2577), which would support critical grant programs which provide funding for forensic testing, improve victims' rights by increasing access to restitution, reauthorize programs that support crime victims in court, increase resources for forensic labs to reduce the rape kit backlog; and also includes the Innocence Protection Act, which improves access to post-conviction DNA testing. The bill, according to sponsor Sen. John Cornyn (R-TX), "strengthens crime victims' rights and programs by increasing access to restitution, and reauthorizes programs used to notify crime victims that they have the right to legal assistance and to be heard in court. The bill aims to help reduce the rape kit backlog and provides resources for forensic labs while improving access to post-conviction DNA testing. The bill also would improve the administration of criminal justice programs by increasing accountability for federal funds and requiring the Justice Department to assist state and local governments to improve their indigent defense systems. Additionally, it reinforces provisions of the  Prison Rape Elimination Act ." Read more...
Senate Passes Recovering Missing Children Act, Sending Bill to President Obama
 
On June 16, the Senate passed, by Unanimous Consent, the "Recovering Missing Children Act" (H.R. 3209), which would help law enforcement locate and rescue missing children. The bill, which the House previously passed on May 10th by voice vote, allows local and state law enforcement, with a warrant, to access tax information that would help investigators locate abducted children. Law enforcement is currently granted exceptions to access IRS records in specific cases - when investigating federal crimes, terrorist acts, or tracking down a fugitive - but not in missing children investigations. A 2007 Treasury Inspector General for Tax Administration report found that in an alarming 46% of missing children cases, a search of the IRS database using the child's social security number revealed a new address on the tax return. The new address could be a case-breaking discovery that would lead law enforcement directly to the missing child and abductor. The bill now heads to President Obama for his signature. Read more...
Congressional Schedule

Tuesday, June 21 
  • Full Senate Banking, Housing, and Urban Affairs Committee hearing entitled "The Semiannual Monetary Policy Report to the Congress."
  • Senate Commerce, Science, and Transportation Subcommittee on Communications, Technology, Innovation and the Internet hearing entitled "FirstNet Oversight: An Update on the Status of the Public Safety Broadband Network."
  • Senate Energy and Natural Resources Subcommittee on Public Lands, Forests and Mining hearing entitled "Oversight of the Bureau of Land Management's Planning 2.0 Initiative."
  • Senate Health, Education, Labor, and Pensions Subcommittee on Primary Health and Retirement Security hearing entitled "Small Business Retirement Pooling: Examining Open Multiple Employer Plans."
  • Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights hearing entitled "The Creating and Restoring Equal Access to Equivalent Samples (CREATES) Act of 2016: Ending Regulatory Abuse, Protecting Consumers, and Ensuring Drug Price Competition." Full House Rules Committee to consider the "Restoring Access to Medication Act of 2015" (H.R. 1270) and the "Financial Services and General Government Appropriations Act, 2017" (H.R. 5485). 
Wednesday, June 22 
  • Full House Agriculture Committee hearing entitled "Past, Present, and Future of SNAP: Evaluating Effectiveness and Outcomes in Nutrition Education."
  • Full House Appropriations Committee markup of the FY 2017 Homeland Security Appropriations Bill.
  • Full House Budget Committee hearing entitled "Making Budget Enforcement More Effective."
  • House Energy and Commerce Subcommittee on Energy and Power hearing entitled "The Renewable Fuel Standard-Implementation Issues."
  • Senate Environment and Public Works Subcommittee on Clean Air and Nuclear Safety hearing entitled "Examining Pathways Towards Compliance of the National Ambient Air Quality Standard for Ground-Level Ozone: Legislative Hearing on the "Ozone Standards Implementation Act of 2016" (S. 2882) and a bill "To require the Administrator of the Environmental Protection Agency to establish a program under which the Administrator shall defer the designation of an area as a nonattainment area for purposes of the 8-hour ozone national ambient air quality standard if the area achieves and maintains certain standards under a voluntary early action compact plan" (S. 2072).
  • Full House Financial Services Committee hearing entitled "Monetary Policy and the State of the Economy."
  • Full Senate Homeland Security and Governmental Affairs Committee hearing entitled "Renewing Communities and Providing Opportunities Through Innovative Solutions to Poverty."
  • Full Senate Indian Affairs Committee hearing entitled "Accessing USDA Rural Development Programs in Native Communities" and markup of the "Tribal Youth and Community Protection Act of 2016" (S. 2785); the "Tribal Law and Order Reauthorization and Amendments Act of 2016" (S. 2920); and the "Tribal Forestry Participation Act of 2016" (S. 3014).
  • Full House Judiciary Committee hearing entitled "Examining the Allegations of Misconduct Against IRS Commissioner John Koskinen, Part II."
  • House Judiciary Subcommittee on the Constitution and Civil Justice hearing entitled "Examining H.R. 2304, the 'Securing Participation, Engagement, and Knowledge Freedom by Reducing Egregious Efforts (SPEAK FREE) Act of 2015.'"
  • Full Senate Judiciary Committee hearing entitled "Oversight of the Drug Enforcement Administration."
  • Full House Natural Resources Committee hearing entitled "Investigating the Appropriate Role of NEPA in the Permitting Process."
  • House Natural Resources Subcommittee on Federal Lands hearing entitled "Challenges and Potential Solutions for BLM's Wild Horse & Burro Program."
  • Full House Rules Committee to consider the "Separation of Powers Restoration Act of 2016" (H.R. 4768).
  • Full House Science, Space, and Technology Committee hearing entitled "Ensuring Sound Science at EPA."
  • House Small Business Subcommittee on Economic Growth, Tax and Capital Access hearing entitled "Audits and Attitudes: Is the IRS Helping or Hurting Small Businesses?"
  • House Transportation and Infrastructure Subcommittee on Aviation hearing entitled "FAA Oversight of Commercial Space Transportation."
  • Full Senate Veterans' Affairs Committee hearing entitled "Examining the Progress and Challenges in Modernizing Information Technology at the Department of Veterans Affairs."
  • House Ways and Means Subcommittee on Social Security hearing entitled "The 2016 Annual Report of the Social Security Board of Trustees."
Thursday, June 23
  • Full Senate Special Aging Committee hearing entitled "The Right Care at the Right Time: Ensuring Person-Centered Care for Individuals with Serious Illness."
  • House Appropriations Subcommittee on State and Foreign Operations markup of FY 2017 State-Foreign Operations Appropriations bill.
  • House Agriculture Subcommittee on General Farm Commodities and Risk Management hearing entitled "Big Data and Agriculture: Innovation in the Air."
  • Full Senate Banking, Housing, and Urban Affairs Committee hearing entitled "Bank Capital and Liquidity Regulation Part II: Industry Perspectives."
  • Full House Education and the Workforce Committee hearing entitled "Next Steps in K-12 Education: Examining Recent Efforts to Implement the Every Student Succeeds Act."
  • Full Senate Energy and Natural Resources Committee hearing to receive testimony on the Discussion Draft entitled the "Wildfire Budgeting, Response and Forest Management Act of 2016."
  • Full House Financial Services Committee's Task Force to Investigate Terrorism Financing hearing entitled "The Next Terrorist Financiers: Stopping Them Before They Start."
  • House Homeland Security Subcommittee on Counterterrorism and Intelligence hearing entitled "Counterintelligence and Insider Threats: How Prepared is the Department of Homeland Security?"
  • Senate Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations hearing entitled "Customer Service and Billing Practices in the Cable and Satellite Television Industry."
  • House Judiciary Subcommittee on Courts, Intellectual Property and the Internet hearing entitled "The Judicial Branch and the Efficient Administration of Justice."
  • House Natural Resources Subcommittee on Oversight and Investigations hearing entitled "The Administration's Response to Findings of Unethical and Criminal Conduct at the Department of the Interior."
  • House Natural Resources Subcommittee on Water, Power and Oceans legislative hearing on a bill "To allow certain property in the town of Louisa, Virginia, to be used for purposes related to compliance with water quality standards, and for other purposes" (H.R. 5032); the "Public Water Supply Invasive Species Compliance Act of 2016" (H.R. 5430); a bill "To direct the Secretary of the Interior to allow for prepayment of repayment obligations under Repayment Contracts between the United States and the Weber Basin Water Conservancy District" (H.R. 5468); and a Discussion Draft entitled the "Pechanga Band of LuiseƱo Mission Indians Water Rights Settlement Act."
  • House Natural Resources Subcommittee on Federal Lands legislative hearing on the "Public Lands Service Corps Act of 2015" (H.R. 2167); a bill "To authorize the Secretary of the Interior to acquire certain property related to the Fort Scott National Historic Site in Fort Scott, Kansas" (H.R. 2333); the "Tule Lake National Historic Site Establishment Act of 2016" (H.R. 4387); and the "21st Century Conservation Service Corps Act of 2016" (H.R. 5114).
  • House Oversight and Government Reform Subcommittee on the Interior hearing entitled "Examining EPA's Proposed Groundwater Rule for In-Situ Uranium Recovery."
  • House Oversight and Government Reform Subcommittees on National Security and Government Operations hearing entitled "Radicalization in the U.S. and the Rise of Terrorism."
  • Full House Small Business Committee hearing entitled "Damaging Repercussions: DOL's Overtime Rule, Small Employers, and their Employees."
  • Full Senate Small Business and Entrepreneurship Committee hearing entitled "Beyond the Bench: Ramifications of the Supreme Court Kingdomware Technologies Inc. v. United States Decision."
  • Full House Transportation and Infrastructure Committee markup of the "Miscellaneous Maritime Transportation Amendments Act of 2016" (H.R. ____); the "Air Traffic Controller Hiring Improvement Act of 2016" (H.R. 5292); the "Bathrooms Accessible in Every Situation (BABIES) Act" (H.R. 5147); and General Services Administration (GSA) Capital Investment and Leasing Program Resolutions.
  • Full House Veterans' Affairs Committee legislative hearing on the "Veterans Emergency Treatment (VET) Act" (H.R. 3216); the "Department of Veterans Affairs Emergency Medical Staffing Recruitment and Retention Act" (H.R. 4150); the "Puppies Assisting Wounded Servicemembers (PAWS) Act of 2016" (H.R. 4764); the "Protecting Veterans' Educational Choice Act of 2016" (H.R. 5047); the "VA Appeals Modernization Act of 2016" (H.R. 5083); the "Vet Connect Act of 2016" (H.R. 5162); the "Working to Integrate Networks Guaranteeing Member Access Now (WINGMAN) Act" (H.R. 5166); the "No Veterans Crisis Line Call Should Go Unanswered Act" (H.R. 5392); a bill "To amend title 38, United States Code, to direct the Secretary of Labor to prioritize the provision of services to homeless veterans with dependent children in carrying out homeless veterans reintegration programs, and for other purposes" (H.R. 5407); a bill "To amend title 38, United States Code, to expand burial benefits for veterans who die while receiving hospital care or medical services under the Veterans Choice Program of the Department of Veterans Affairs, and for other purposes" (H.R. 5416); a bill "To authorize the American Battle Monuments Commission to acquire, operate, and maintain the Lafayette Escadrille Memorial in Marne-la-Coquette, France" (H.R. 5420); and the "Military Residency Choice Act" (H.R. 5428). 
Friday, June 24 
  • House Energy and Commerce Subcommittee on Health hearing entitled "Strengthening our National Trauma System."