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Weekly Legislative Update
Week of April 10, 2017
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Week of April 10
The House and Senate are both in recess for the next two weeks, returning to Washington the week of April 24. With current federal government funding set to expire at midnight on Friday, April 28, Congress will only have five days to pass a government funding bill in order to avoid a shutdown on April 29, President Donald J. Trump's 100th day in office. Senate Majority Leader Mitch McConnell (R-KY) has stated that he is "optimistic" a bipartisan deal to fund the government through September 30 will be reached before the April 28 deadline. However, as lawmakers left town last week, there were 115 outstanding issues on which House and Senate appropriators had not yet reached agreement on. A number of those will be bucked to leaders of both chambers, lawmakers say. In addition, the White House has pressed Congress to attach a supplemental spending package, including $30 billion for defense and $3 billion to boost border security, namely to begin construction of a wall along the U.S.-Mexico border, which House and Senate Democrats have objected to. The omnibus bill will require 60 votes in the Senate, meaning the support of at least eight Democrats will be needed. House Republican leaders also will probably have to rely on Democratic votes because their most conservative members will likely balk at supporting appropriations bills at spending levels that they consider too high and that don't include certain riders such as defunding Planned Parenthood.
Some other issues confronting lawmakers when they return to Washington include:
- Continuing discussions on how to garner support for the American Health Care Act of 2017 (H.R. 1628), which the House Rules Committee voted 9-2 to amend on April 6 with an amendment which creates a $15 billion risk sharing program to help states lower premiums for health coverage offered in the individual market;
- House Republicans' proposal to overhaul the corporate and individual tax codes, including a proposed border-adjustment tax that would impose levies on imported goods but not on American-made products sold outside the U.S.;
- Voting on additional nominations in the Senate, including former Georgia Governor Sonny Perdue to serve as U.S. Secretary of Agriculture and Rod J. Rosenstein to serve as Deputy Attorney General; and
- Completing consideration of Congressional Review Act (CRA) disapproval resolutions to nullify Obama Administration rules issued from June 13, 2016-January 3, 2017. Congress has until May 9 to act on 20 pending resolutions, including an Interior Department rule requiring companies to find and repair leaks of methane from pipelines, processing equipment and wells.
On Monday, Neil Gorsuch was sworn-in as the 101st Associate Justice of the Supreme Court of the United States by both Chief Justice John Roberts and Associate Justice Anthony Kennedy. On Tuesday, President Trump will have a "discussion on strategy and policy" with Commerce Secretary Wilbur Ross, Education Secretary Betsy DeVos, Transportation Secretary Elaine Chao, EPA Administrator Scott Pruitt, OMB Director Mick Mulvaney, and a group of CEOs as a follow-up from Trump's meeting with 20 CEOs at his Strategy and Policy Forum on February 3. Later in the week, OMB Director Mick Mulvaney will send a "guidance" letter to federal agencies ordering them to create plans to make themselves significantly smaller and less costly. The guidance stems from Trump's March 13 executive order, which called for a "comprehensive plan" to reorganize the executive branch. Agencies will likely consider selling real estate, laying off personnel, and eliminating programs deemed redundant and it's possible that some agencies or components could be closed down or folded into other agencies.
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Senate Votes to Confirm Neil Gorsuch as Supreme Court Justice
On April 7, the Senate voted
54-45 to confirm 49-year old Neil Gorsuch to serve as the 101st Associate Justice of the Supreme Court of the United States, to fill the seat left vacant by the death of Justice Antonin Scalia on Feb. 13, 2016. All Senate Republicans (with the exception of Sen. Johnny Isakson [R-GA], who is recovering from surgery), and three Senate Democrats, Sens. Heidi Heitkamp (D-ND), Joe Donnelly (D-IN), and Joe Manchin (D-WV), voted to confirm Gorsuch. On April 6,
44 Senate Democrats voted to filibuster Gorsuch's nomination (Senate Democrats Michael Bennet [D-CO], Heitkamp, Donnelly, and Manchin voted against filibustering), which led the Senate to vote on strict party lines, by a vote of
52-48, to approve the so-called "nuclear option" which changes the threshold for the Senate to consider a final vote on Supreme Court nominees from 60 votes down to 51 votes. All future Supreme Court nominees will now only need 51 votes to be confirmed in the Senate, rather than the effective 60-vote threshold.
Read more...
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Trump Signs Three CRA Disapproval Resolutions Into Law
On April 3, President Trump
signed three Congressional Review Act (CRA) disapproval resolutions into law, which nullify Obama Administration rules which were finalized from June 13, 2016-January 3, 2017:
- the Federal Communications Commission's broadband privacy rule which would have given consumers greater control over what their ISPs can do with their data by requiring those companies to get permission from customers before using their information to create targeted advertisements; the House passed this by a vote of 215-205 and the Senate by a vote of 50-48;
- a U.S. Fish and Wildlife Service rule which would have prohibited certain hunting tactics that target "predator" animals likes bears and wolves while they are inside Alaska's national preserves, and which included a ban on hunters using airplanes; the House passed this by a vote of 225-193 and the Senate by a vote of 52-47; and
- a U.S. Department of Labor rule which would have gotten rid of government contracts for companies with an egregious record of violating wage and safety laws if they did not come into compliance; the House passed this by a vote of 231-191 and the Senate by a vote of 50-48.
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AG Sessions Orders Sweeping Review of DOJ's Consent Decrees with Local Law Enforcement
On April 3, the U.S. Department of Justice made public that U.S. Attorney General Jeff Sessions has ordered a sweeping review of federal agreements with
dozens of law enforcement agencies, an examination that reflects President Trump's emphasis on law and order and which could lead to a retreat on consent decrees with troubled police departments nationwide.
In a
memorandum
dated March 31, Sessions directed his staff to look at whether law enforcement programs adhere to principles put forth by the Trump Administration, including one declaring that "the individual misdeeds of bad actors should not impugn" the work police officers perform "in keeping American communities safe."
Read more...
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Senate Confirms Elaine Duke as Deputy Secretary of Homeland Security
On April 4, the Senate voted 85-14 to confirm Elaine C. Duke to serve as the 7th Deputy Secretary of Homeland Security and was sworn-in on April 10. In her capacity as Deputy Secretary, she will serve as chief operating officer for the Department of Homeland Security. Read more...
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164 House Members Sign Letter Supporting CDBG
On April 3, 164 House members sent a
letter to House Appropriations Subcommittee on Transportation & Housing and Urban Development Chairman Mario Diaz-Balart (R-FL) and Ranking Member David Price (D-NC) urging the Subcommittee to
support $3.3 billion in funding for the Community Development Block Grant in FY 2018. CDBG assists urban, suburban and rural communities to improve housing and living conditions, and to expand economic opportunities for low and moderate income persons. The Trump Administration has proposed the total elimination of the CDBG program for FY 2018. Read more...
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House Passes Weather Research and Forecasting Innovation Act, Sending Bill to Trump
On April 4, the House passed, by voice vote, the Senate amendment to the Weather Research and Forecasting Innovation Act of 2017 (
H.R. 353), which would develop
initiatives to improve the National Oceanic and Atmospheric Administration's (NOAA) forecasting and research for severe weather events and tsunamis. An entire section of the bill is devoted to improving weather forecasts between two weeks and two years into future, which would prove tremendously valuable for farmers and utilities, while another section of the bill focuses on stimulating the private sector to generate weather data that the government can use to improve forecasts.
The Senate previously passed the bill by Unanimous Consent on March 29, and will now head to President Trump's desk to be signed into law. Read more...
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House Passes Encouraging Employee Ownership Act
On April 4, the House passed, by a vote of
331-87, the Encouraging Employee Ownership Act of 2017 (
H.R. 1343), which would increase from $5 million to $10 million the amount in which a private company can compensate employees in stock per year, while later indexing that amount to inflation, without having to provide the employees with certain disclosures.
Read more...
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House Passes Self-Insurance Protection Act
On April 5, the House passed, by a vote of
400-16, the Self-Insurance Protection Act (
H.R. 1304), which would
clarify that stop-loss insurance coverage could not be defined as health insurance, thereby ensuring that stop-loss plans cannot be regulated with the standards enforced for health insurance coverage under the Affordable Care Act (ACA). Stop-loss insurance is used by employers for self-insured plans to protect the employer from excessive losses, but stop-loss plans are not expected to adhere to state-mandated benefit requirements and are exempt from ACA provisions like health insurer fees.
Read more...
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House Passes Supporting America's Innovators Act
On April 6, the House passed, by a vote of
417-3, the Supporting America's Innovators Act of 2017 (
H.R. 1219), which
would increase the number of accredited investors who can invest in certain venture capital funds from 100 to 250 before those funds must register with the U.S. Securities and Exchange Commission (SEC) as "investment companies." The legislation would also define a "qualifying venture capital fund" as a venture fund that could have no more than $10 million in invested capital, adjusted for inflation every five years.
Read more...
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White House Releases More Guidance on Agency Rulemaking
On April 5, the White House released a second guidance document to help federal agencies implement President Trump's de-regulatory agenda. President Trump's
Jan. 30 Executive Order requires agencies to eliminate two rules for every new one they create. It also establishes a regulatory budget, which allows the President to set a fiscal cap on all rules each year. The new
guidance, issued following a public comment period, emphasizes that President Bill Clinton's Executive Order 12866, which laid out broad principles for federal regulations, remains the primary governing order regarding regulatory matters, and refers to preserving the benefits that some regulations provide to society. OMB's initial
interim guidance clarified that Trump's "one in, two out" order applies only to "significant" rules. Significant rules - as defined by Executive Order 12866 - are those that cost the economy more than $100 million a year or ones that the Office of Information and Regulatory Affairs (OIRA) determines raise novel legal or policy issues.
Read more...
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Trump Sends Nominations to Senate, Announces Intent to Nominate Others
Last week, Trump sent the following five nominations to the Senate: (1) Sigal Mandelker to serve as Under Secretary for Terrorism and Financial Crimes; (2) Heath P. Tarbert to serve as Assistant Secretary of the Treasury, International Markets and Development; (3) Makan Delrahim to serve as Assistant Attorney General; (4) Eric D. Hargan to serve as Deputy Secretary of Health and Human Services; and (5) David L. Norquist to serve as Under Secretary of Defense (Comptroller).
Trump last week also announced his intent to nominate nine individuals to key posts in his Administration:
- Dan R. Brouillette to be Deputy Secretary of Energy;
- Derek Kan to be Under Secretary of Transportation for Policy;
- Russell Vought to be Deputy Director of the Office of Management and Budget;
- Neomi Rao to be the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget;
- Kevin Allen Hassett to be a Member and Chair of the Council of Economic Advisors (a Cabinet-level position);
- Mark E. Green to be Secretary of the Army;
- Vishal J. Amin to be Intellectual Property Enforcement Coordinator in the Executive Office of the President;
- Stephen T. Parente to be an Assistant Secretary of Health and Human Services, Planning and Evaluation; and
- Lee Francis Cissna to be Director of the U.S. Citizenship and Immigration Services.
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