Weekly Legislative Update
 Week of June 13, 2016
  
Congressional Outlook

Week of June 13th
 
The House and Senate are in session this week. On Monday, the House will consider seven bills under suspension of the rules, including the "FOIA Improvement Act of 2016" (S. 337), which the Senate passed unanimously on March 15th and would expand public access to federal records under the Freedom of Information Act by requiring more online disclosure, limiting the ability of agencies to withhold or delay the release of records, and codifying guidance issued by the Obama Administration. For the remainder of the week, the House will vote on the "Preventing IRS Abuse and Protecting Free Speech Act" (H.R. 5053), which would bar the IRS from requiring tax-exempt organizations to identify their donors in most cases, and the FY 2017 Defense Appropriations bill (H.R. 5293), which provides $517.1 billion in discretionary funding for military operations and programs, as well as $58.6 billion in Overseas Contingency Operations (OCO)/Global War on Terrorism (GWOT) funding.
 
The Senate this week is scheduled to complete work on its 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 Senate then plans to consider 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, including $384 million for Byrne-JAG grants; $170 million for initiatives to address rape kit and other DNA evidence backlogs; $49 million in support for Drug Courts and Veterans Treatment Courts; $75 million for Second Chance Act grants to reduce recidivism for adults released from jail by offering substance abuse treatment, employment assistance, and other rehabilitation services; $10 million for COPS Office Anti-Heroin Task Forces grants; and $7 million for COPS Office Anti-Methamphetamine Task Forces grants. The Senate and House will also convene this week in separate conference committees to hash out a compromise spending bill that includes funds to fight the spread of the Zika virus and to reconcile bills to address the opioid abuse epidemic.
 
The full House Appropriations Committee will markup its $41.1 billion FY 2017 Homeland Security Appropriations bill on Tuesday, followed by a markup of its $32.095 billion FY 2017 Interior-Environment Appropriations bill on Wednesday. The full Senate Appropriations Committee will markup its FY 2017 Interior-Environment and Financial Services-General Government Appropriations bills on Thursday.     
Week in Review

House Passes Pipeline Safety Bill
 
On June 8, the House passed, by voice vote, an amended version of the Senate-passed "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. 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. The bill now heads to the Senate for final passage.  Read more... 
House Passes Ozone Standards Implementation Act
 
On June 8, the House passed, by a vote of 234-177, the "Ozone Standards Implementation Act of 2016" ( H.R. 4775), which would delay the implementation of the ozone standards set by the EPA and would also slow down the review schedule for EPA air pollutant rules and give regulators the chance to consider cost-not just public health impacts-when reviewing those rules. On October 1, 2015, the EPA issued a final rule to strengthen the National Ambient Air Quality Standards (NAAQS) for ground-level ozone to 70 parts per billion (ppb). The bill would extend for eight years EPA's deadline for implementing the NAAQS, from 2017 to 2025. H.R. 4775 also changes the frequency with which EPA must conduct reviews of the NAAQS for air pollutants from five years to ten years. Currently, under the Clean Air Act, the EPA is required to review the most up to date science and medical information on air pollutants every five years to ensure that the public is protected with the most up to date scientific advancements and understanding of air pollution. Lastly, H.R. 4775 would exempt areas with the worst air quality from establishing contingency measures if they fail to make progress toward achieving the ozone standard and also expands the definition of "exceptional events" that could exempt states from meeting these standards by including high temperatures and drought. In a Statement of Administration Policy, the White House threatened to veto H.R. 4775, stating that the bill "would significantly undermine Clean Air Act (CAA) protections, would block efforts to reduce harmful ground-level ozone pollution in communities across the country, and could delay future scientific reviews for other harmful pollutants." Read more...  
House Passes FY 2017 Legislative Branch Appropriations Bill
 
On June 10, the House passed, by a vote of 233-175, the $3.48 billion FY 2017 Legislative Branch Appropriations bill (H.R. 5325). The bill appropriates $1.19 billion for the operations of the U.S. House of Representatives, as well as $2.29 billion for other legislative branch agencies and programs affiliated with the House, like the Capitol Police, the Library of Congress, the Government Accountability Office (GAO), and the Government Printing Office. While it contains a 1.5% increase to Members' Representational Allowance, it also contains a measure that continues to freeze the salaries of Members of Congress, preventing any pay increase for FY 2017. H.R. 5325 is now the second 2017 appropriations bills to pass in the House this year. The House also passed its FY 2017 Military Construction-VA Appropriations bill last month, but its FY 2017 Energy-Water Development Appropriations bill failed in large part because of the adoption of a Democratic amendment enforcing an executive order prohibiting LGBT discrimination. House GOP leaders will proceed with subsequent appropriations bills by limiting which amendments can get votes instead of allowing open rules allowing members of either party to propose unlimited changes. Read more...
House Passes Non-Binding Resolutions Opposing Carbon Tax and the Obama Administration's Proposed Oil Tax
 
On June 10, the House passed, by votes of 237-163-2 and 253-144-2, resolutions ( H.Con.Res.89 & H.Con.Res.112) expressing the sense of Congress "that a carbon tax would be detrimental to the United States economy" and expressing the sense of Congress "opposing the President's proposed $10 tax on every barrel of oil," respectively. H.Con.Res.89 appears to be a defensive measure, to get lawmakers on the record against a carbon tax, in case it's part of a future proposal, perhaps part of a comprehensive tax reform package or in return for repealing certain regulations. H.Con.Res.112 to condemn President Obama's proposal from earlier this year to impose a $10.25 tax on each barrel of oil, never received much support in Congress.  Read more...  
Senate Passes Chemical Safety Overhaul Bill
 
On June 7, the Senate passed, by voice vote, the "Frank R. Lautenberg Chemical Safety for the 21st Century Act" ( H.R. 2576 ), which would reauthorize the 1976 Toxic Substances Control Act and expand the EPA's power to regulate chemicals and substances that are used to make consumer products. Passage of the bill marks the first major environmental bill to pass Congress since 1990. The bill would: (1) require the EPA to evaluate new and existing chemicals against a new risk-based safety standard that includes explicit considerations for vulnerable populations, such as children, pregnant women and the elderly; (2) empower the EPA to require the development of chemical information necessary to support new regulations and requirements for their use; (3) establish clear and enforceable deadlines that help to ensure a review of prioritized chemicals and timely action on any risks; (4) increase the public transparency of chemical information by limiting unwarranted claims of industry confidentiality which would allow necessary sharing of confidential information with States and health environmental professionals; and (5) authorize the collection of additional fees from industry to fund the EPA to carry out its additional requirements and responsibilities. The House passed the bill on May 24 by a vote of 403-12 . The White House stated that it "strongly supports the bipartisan, bicameral efforts to reform the Toxic Substances Control Act [and] the bill is a clear improvement over the current TSCA and represents a historic advancement for both chemical safety and environmental law." With Senate passage, the bill is now headed to President Obama's desk, where he is expected to sign it into law soon.   Read more...
Senate Passes Female Veteran Suicide Prevention Bill
 
On June 7, the Senate passed, by voice vote, the "Female Veteran Suicide Prevention Act" ( S. 2487), which would require the Department of Veterans Affairs (VA) to include specific metrics on female veterans in its annual evaluation of mental health and suicide prevention programs and requires them to identify which programs are the most effective and have the highest satisfaction rates among female veterans. The Senate bill now heads to the House for final passage. Read more...
Senate Votes to Go to Conference with House on Zika Spending
 
On June 8, the Senate passed, by voice vote, to join the House in formal negotiations over a Zika virus response package, the latest incremental step toward clearing a bill for President Barack Obama's signature. The vote comes four months after Obama requested $1.9 billion in emergency spending in February to combat the mosquito-borne disease. Informal discussions between House and Senate leaders and appropriators have been ongoing for weeks, but it remains unclear how the chambers will bridge major differences in their Zika legislation. The Senate also voted 46-49 to reject a motion from Sen. Bill Nelson (D-FL) to instruct Zika conferees to reject proposals to rescind existing Ebola virus emergency funds and to insist that Ebola accounts be reimbursed with $510 million. The House voted in May to go to conference over its proposed $622 million Zika package and other legislation. The Senate passed a $1.1 billion emergency spending proposal last month as part of a broader appropriations package. The House-passed funding measure is fully offset - no new spending - and would expire at the end of the fiscal 2016 on Sept. 30, while the Senate version is not offset and has no such expiration date. The White House hasn't committed to either supporting or opposing the $1.1 billion Senate package, while it continues to insist on the full $1.9 billion request. But Obama would veto the House's "woefully inadequate" $622 million version, the administration said. Read more...
President Obama Vetoes Congressional Resolution Disapproving of DOL Fiduciary Duty Rule
 
On June 8, President Obama issued the 10th veto of his Presidency by vetoing a Congressional Disapproval Resolution ( H.J.Res.88) that would overturn the U.S. Department of Labor's final fiduciary duty rule, which requires financial advisers to act in the best interest of retirement savers. The House passed H.J.Res.88 on April 28 by a vote of  234-183 , followed by Senate passage on May 24 by a vote of 56-41 . Republicans were able to clear the joint resolution through the Senate, despite not having 60 votes, by using the Congressional Review Act. The law gives lawmakers 60 days to pass a resolution with a simple majority, though it still has to signed by the President in order for a regulation to be blocked. Congressional Republicans argue that the Labor Department's fiduciary rule hurts the middle class by limiting access to financial advice, calling it another example of regulatory overreach by the Obama Administration. If the House and Senate attempt to successfully override President Obama's veto of the Disapproval Resolution, they will need two-thirds of each chamber (290 and 67 votes in the House and Senate, respectively) to support the override. Read more...
 
Congressional Schedule

Monday, June 13
  • Full House Rules Committee hearing to consider the "Preventing IRS Abuse and Protecting Free Speech Act" (H.R. 5053) and the "Department of Defense Appropriations Act, 2017" (H.R. 5293).
Tuesday, June 14 
  • House Agriculture Subcommittee on Commodity Exchanges, Energy and Credit hearing "To review the impact of G-20 clearing and trade execution requirements."
  • Full House Appropriations Committee markup of FY 2017 Homeland Security Appropriations Bill and Report on the Revised Interim Suballocation of Budget Allocations.
  • Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies markup of FY 2017 Interior and Environment Appropriations Bill.
  • Full Senate Banking, Housing, and Urban Affairs Committee hearing entitled "Oversight of the U.S. Securities and Exchange Commission."
  • House Energy and Commerce Subcommittee on Oversight and Investigations hearing entitled "Combatting Superbugs: U.S. Public Health Responses to Antibiotic Resistance."
  • House Energy and Commerce Subcommittee on Communications and Technology hearing entitled "FCC Overreach: Examining the Proposed Privacy Rules."
  • Full Senate Energy and Natural Resources Committee hearing "to examine oil and gas pipeline infrastructure and the economic, safety, environmental, permitting, construction, and maintenance considerations associated with that infrastructure."
  • Senate Environment and Public Works Subcommittee on Superfund, Waste Management, and Regulatory Oversight hearing entitled "Oversight of the Environmental Protection Agency's Progress in Implementing Inspector General and Government Accountability Office Recommendations."
  • Full Senate Finance Committee hearing entitled "Energy Tax Policy in 2016 and Beyond."
  • House Homeland Security Subcommittee on Border and Maritime Security hearing entitled "Overstaying Their Welcome: National Security Risks Posed By Visa Overstays."
  • House Natural Resources Subcommittee on Energy and Mineral Resources legislative hearing on the "Certainty for States and Tribes Act" (H.R. 5259).
  • House Natural Resources Subcommittee on Indian, Insular and Alaska Native Affairs legislative hearing on the "Tule River Indian Reservation Land Trust, Health, and Economic Development Act" (H.R. 4685) and the "Requirements, Expectations, and Standard Procedures for Executive Consultation with Tribes Act" (H.R. 5379).
  • Full House Natural Resources Committee markup of the following 19 bills: the "Gulf States Red Snapper Management Authority Act" (H.R. 3094); a bill "to exempt importation and exportation of sea urchins and sea cucumbers from licensing requirements under the ESA"; (H.R. 4245); the "Save our Salmon (SOS) Act" (H.R. 4582); a resolution to honor WWII heroes from Hawaii (H. Res. 169); the "Self-Sufficient Community Lands Act" (H.R. 2316); the "Assuring Private Property Rights Over Vast Access to Land (APPROVAL) Act" (H.R. 3062); a bill "to amend the Grand Ronde Reservation Act to make technical corrections" (H.R. 3212); the "Fort Frederica National Monument Boundary Expansion Act of 2015" (H.R. 3480); the "State National Forest Management Act of 2015" (H.R. 3650); the "Mining Schools Enhancement Act" (H.R. 3734); the "Black Hills National Cemetery Boundary Expansion Act" (H.R. 3839); the "Locatable Minerals Claim Location and Maintenance Fees Act of 2015" (H.R. 3843); the "Energy and Minerals Reclamation Foundation Establishment Act of 2015" (H.R. 3844); the "Cooperative Management of Minerals Rights Act of 2015" (H.R. 3881); the "Fort Ontario Study Act" (H.R. 4202); the "Bolt Ditch Access and Use Act" (H.R. 4510); the "Tule River Indian Reservation Land Trust, Health, and Economic Development Act" (H.R. 4685); a bill "to authorize the Secretary of the Interior to establish a structure for visitor services on the Arlington Ridge tract, in the area of the U.S. Marine Corps War Memorial, and for other purposes" (H.R. 4789); and the  "St. Francis Dam Disaster National Memorial Act" (H.R. 5244).
  • Full House Oversight and Government Reform Committee hearing entitled "Oversight of the National Park Service."
  • Full House Rules Committee hearing to consider amendments to the "Department of Defense Appropriations Act, 2017" (H.R. 5293).
  • House Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation hearing entitled "Coast Guard Mission Needs and Resources Allocation."
  • House Ways and Means Subcommittee on Trade hearing entitled "Expanding U.S. Agriculture Trade and Eliminating Barriers to U.S. Exports." 
Wednesday, June 15 
  • Full Senate Aging Committee hearing entitled "Closing the Gap: Innovations to Promote Americans' Financial Security."
  • Full House Appropriations Committee markup of the FY 2017 Interior and Environment Appropriations Bill.
  • Senate Appropriations Subcommittee on Financial Services and General Government markup of FY 2017 Financial Services-General Government Appropriations Bill.
  • Full House Budget Committee hearing entitled "The Need for Fiscal Goals."
  • Full Senate Commerce, Science, and Transportation Committee markup of the "Small Business Broadband Deployment Act of 2015" (S. 2283); the "Seniors Fraud Prevention Act of 2015" (S. 1490); and the "Coastal Coordination Act of 2016" (S. 3038).
  • Senate Commerce, Science, and Transportation Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard hearing entitled "Assessing the Coast Guard's Increasing Duties: A focus on drug and migrant interdiction."
  • Full House Energy and Commerce Committee markup of the "Helping Families in Mental Health Crisis Act" (H.R. 2646).
  • Senate Energy and Natural Resources Subcommittee on National Parks legislative hearing on the following 23 bills: a bill "to amend the Gullah/Geechee Cultural Heritage Act to extend the authorization for the Gullah/Geechee Cultural Heritage Corridor Commission" (H.R. 3004); the "9/11 Memorial Act" (H.R. 3036); a bill "to amend the Delaware Water Gap National Recreation Area Improvement Act to provide access to certain vehicles serving residents of municipalities adjacent to the Delaware Water Gap National Recreation Area, and for other purposes" (H.R. 3620); the "Gulf Islands National Seashore Land Exchange Act of 2016" (H.R. 4119); the "Susquehanna Gateway National Heritage Area Act" (S. 211); the "Sacramento-San Joaquin Delta National Heritage Area Establishment Act" (S. 630); a bill "to amend the Dayton Aviation Heritage Preservation Act of 1992 to rename a site of the Dayton Aviation Heritage National Historical Park" (S. 1007); the "Maritime Washington National Heritage Area Act" (S. 1623); the "Abraham Lincoln National Heritage Area Amendment Act" (S. 1662); the "Mountains to Sound Greenway National Heritage Area Act" (S. 1690); the "Ocmulgee Mounds National Historical Park Boundary Revision Act of 2015" (S. 1696); the "Finger Lakes National Heritage Area Study Act of 2015" (S. 1824); the "Fort Scott National Historic Site Boundary Modification Act" (S. 2087); the "Tule Lake National Historic Site Establishment Act of 2015" (S. 2412); the "400 Years of African-American History Commission Act" (S. 2548); the "Mojave National Preserve Boundary Adjustment Act of 2016" (S. 2627); the "Preserving Public Access to Public Waters Act" (S.. 2807); a bill "to modify the boundary of Voyageurs National Park in the State of Minnesota, and for other purposes" (S. 2805); the "Saint-Gaudens National Park for the Arts Redesignation Act" (S. 2923); the "Ste. Genevieve National Historic Site Establishment Act of 2016" (S. 2954); a bill "to update the map of, and modify the acreage available for inclusion in, the Florissant Fossil Beds National Monument" (S. 3020); the "Acadia National Park Boundary Clarification Act" (S. 3027); and the "Daniel J. Evans Olympic National Park Wilderness Act" (S. 3028).
  • Full House Financial Services Committee markup of the following 12 bills: the "Senior$afe Act of 2016" (H.R. 4538); the "Micro Offering Safe Harbor Act" (H.R. 4850); the "Private Placement Improvement Act of 2016" (H.R. 4852); the "Supporting America's Innovators Act of 2016" (H.R. 4854); the "Fix Crowdfunding Act" (H.R. 4855); the "Transparent Insurance Standards Act of 2016" (H.R. 5143); the "Corporate Governance Reform and Transparency Act of 2016" (H.R. 5311); the "U.S. Territories Investor Protection Act of 2016" (H.R. 5322); the "National Securities Exchange Regulatory Parity Act of 2016" (H.R. 5421); the "Investment Advisers Modernization Act of 2016" (H.R. 5424); H.R. 5429, the "SEC Regulatory Accountability Act" (H.R. 5429); and the "Iranian Leadership Transparency Act" (H.R. ____).
  • Full Senate Finance Committee hearing entitled "Challenges and Opportunities for U.S. Business in the Digital Age."
  • Full Senate Health, Education, Labor, and Pensions Committee hearing entitled "Implementing the Child Care Development Block Grant Act of 2014: Perspectives of Stakeholders."
  • Full House Homeland Security Committee hearing entitled "The Cybersecurity Act of 2015: Industry Perspectives."
  • Full Senate Homeland Security and Governmental Affairs Committee hearing entitled "America's Insatiable Demand for Drugs: Examining Alternative Approaches."
  • Full House Natural Resources Committee markup of the following 19 bills: the "Gulf States Red Snapper Management Authority Act" (H.R. 3094); a bill "to exempt importation and exportation of sea urchins and sea cucumbers from licensing requirements under the ESA"; (H.R. 4245); the "Save our Salmon (SOS) Act" (H.R. 4582); a resolution to honor WWII heroes from Hawaii (H. Res. 169); the "Self-Sufficient Community Lands Act" (H.R. 2316); the "Assuring Private Property Rights Over Vast Access to Land (APPROVAL) Act" (H.R. 3062); a bill "to amend the Grand Ronde Reservation Act to make technical corrections" (H.R. 3212); the "Fort Frederica National Monument Boundary Expansion Act of 2015" (H.R. 3480); the "State National Forest Management Act of 2015" (H.R. 3650); the "Mining Schools Enhancement Act" (H.R. 3734); the "Black Hills National Cemetery Boundary Expansion Act" (H.R. 3839); the "Locatable Minerals Claim Location and Maintenance Fees Act of 2015" (H.R. 3843); the "Energy and Minerals Reclamation Foundation Establishment Act of 2015" (H.R. 3844); the "Cooperative Management of Minerals Rights Act of 2015" (H.R. 3881); the "Fort Ontario Study Act" (H.R. 4202); the "Bolt Ditch Access and Use Act" (H.R. 4510); the "Tule River Indian Reservation Land Trust, Health, and Economic Development Act" (H.R. 4685); a bill "to authorize the Secretary of the Interior to establish a structure for visitor services on the Arlington Ridge tract, in the area of the U.S. Marine Corps War Memorial, and for other purposes" (H.R. 4789); and the  "St. Francis Dam Disaster National Memorial Act" (H.R. 5244).
  • Full House Oversight and Government Reform Committee business meeting.
  • House Science, Space, and Technology Subcommittee on Energy hearing entitled "Innovation in Solar Fuels, Electricity Storage, and Advanced Materials."
  • House Transportation and Infrastructure Subcommittee on Aviation hearing entitled "A Review of the Federal Aviation Administration's Air Traffic Controller Hiring, Staffing and Training Plans."
  • House Veterans' Affairs Subcommittee on Disability Assistance and Memorial Affairs hearing entitled "Investigating VA's Management of Veterans' Paper Records."
  • House Veterans' Affairs Subcommittee on Economic Opportunity hearing entitled "Examining 21st Century Programs and Strategies for Veteran Job Seekers." 
Thursday, June 16 
  • Full Senate Appropriations Committee markup of FY 2017 Interior-Environment and Financial Services-General Government Appropriations Bills.
  • Full House Budget Committee hearing entitled "Members' Day: Budget Process Reform."
  • Senate Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management hearing entitled "Reviewing the Rulemaking Records of Independent Regulatory Agencies."
  • Full Senate Intelligence Committee hearing with CIA Director John Brennan entitled "The CIA's Ability to Meet Diverse Mission Requirements in Support of National Security."
  • Full Senate Judiciary Committee markup of the "Expatriate Terrorist Act" (S. 247).
  • Full House Oversight and Government Reform Committee hearing entitled "Firearms and Munitions at Risk: Examining Inadequate Safeguards."
  • House Science, Space, and Technology Subcommittee on Research and Technology hearing entitled "Small Business Innovation Research (SBIR)/Small Business Technology Transfer (STTR) Reauthorization: A Review of Technology Transfer."
  • Full Senate Small Business and Entrepreneurship Committee hearing entitled "Keeping the American Dream Alive: The Challenge to Create Jobs Under the NLRB's New Joint Employer Standard."