NATaT Weekly Legislative Update, June 19, 2017

Weekly Legislative Update

Week of June 19, 2017

Congressional Outlook

Week of June 19

The House and Senate are both in session this week. On Tuesday and Thursday, the House will consider 15 bills under suspension of the rules, including the Strengthening Career and Technical Education for the 21st Century Act (H.R. 2353), which would reauthorize, at more than $7 billion for FYs 2018-2023, federal programs to support career and technical education for secondary and postsecondary students. For the remainder of the week, the House will vote on the Electricity Reliability and Forest Protection Act (H.R. 1873), which would provide more flexibility to power companies to conduct vegetation management activities in rights-of-way on federal land and would direct the Agriculture and Interior departments to modify regulations to minimize the need for case-by-case or annual approvals of "routine vegetation management"; the Water Supply Permitting Coordination Act (H.R. 1654), which would streamline the federal and state permitting process for new surface water storage projects on public lands, designating the Bureau of Reclamation as the lead agency to process permits for those projects; and the Accelerating Individuals into the Workforce Act (H.R. 2842), which would establish a $100 million grant program for states to create subsidized employment demonstration projects for recipients of Temporary Assistance for Needy Families (TANF) in FY 2018.

On Tuesday, the Senate will vote on the nomination of Brock Long to serve as Administrator of the Federal Emergency Management Agency (FEMA). The Senate this week will also vote on the nominations of Sigal Mandelker to be Under Secretary of the Treasury for Terrorism and Financial Crimes, Marshall Billingslea to be Treasury's Assistant Secretary for Terrorist Financing, and Kristine L. Svinicki to be reconfirmed as Chair of the Nuclear Regulatory Commission for a five-year term. With Senate Majority Leader Mitch McConnell (R-KY) attempting to hold a vote on repealing the Affordable Care Act prior to the July 4th recess, Senate Democrats have decided to halt Senate business over the legislation not being debated and marked up in public. Beginning Monday night, Senate Democrats will start objecting to all Unanimous Consent requests in the Senate, plan to hold a late-night talkathon regarding the legislation, and will try to force the House-passed American Health Care Act to be marked up in the Senate HELP, Finance, and Budget Committees in a bid to further delay it.

Congressional markups and hearings of note this week include a continuation of the House Financial Services Committee markup of five bills related to the National Flood Insurance Program (NFIP), which needs to be reauthorized by September 30, 2017; 11 House and Senate Appropriations Subcommittee FY 2018 budget request hearings, with the Secretaries of the Interior, Energy, Veterans Affairs, and the Director of the White House Office of Management and Budget testifying; six House Armed Services subcommittee markups of the FY 2018 National Defense Authorization Act; and House and Senate Intelligence Committee hearings on Russian interference in the 2016 U.S. elections.

On Tuesday, voters in Georgia's 6th Congressional District and South Carolina's 5th Congressional District will be voting in special House elections to fill the seats vacated in mid-February by Health and Human Services Secretary Tom Price and White House Office of Management and Budget Director Mick Mulvaney, respectively. Democrat Jon Ossoff and Republican Karen Handel are running in Georgia, while Democrat Archie Parnell and Republican Ralph Norman are running in South Carolina. On Wednesday, Representatives-elect Greg Gianforte (R-MT) and Jimmy Gomez (D-CA) will be sworn in as the newest members of Congress, to fill the seats made vacant by Interior Secretary Ryan Zinke and California Attorney General Xavier Becerra.

Week in Review

Trump Signs Executive Order on Apprenticeships

On June 15, President Trump signed an Executive Order on "Expanding Apprenticeships in America." The Order will cut back the federal government's role in creating and monitoring apprenticeship programs, a move that the White House says will help fill vacant jobs. It will move the role of developing government-funded apprenticeship programs from the Labor Department to third-party private entities - including trade groups, labor unions and businesses. The third parties will set their own bar for success and submit their metrics to the Labor Department for approval. The Order will also double the amount of money for apprenticeship grants, from $90 million to nearly $200 million a year. That's in stark contrast to the president's proposed budget, which would impose a 36 percent cut to Labor Department job training programs overall. Read more...

Trump Signs Presidential Memorandum Rolling Back Obama Administration's Efforts to Begin Normalizing Relations with Cuba

On June 16, President Trump signed a Presidential Memorandum in Miami, Florida entitled "Strengthening the Policy of the United States Toward Cuba." The memo changes the policy of the U.S. toward Cuba to achieve four objectives: (1) Enhance compliance with United States law-in particular the provisions that govern the embargo of Cuba and the ban on tourism; (2) Hold the Cuban regime accountable for oppression and human rights abuses ignored under the Obama policy; (3) Further the national security and foreign policy interests of the United States and those of the Cuban people; and (4) Lay the groundwork for empowering the Cuban people to develop greater economic and political liberty. The memo also enhances travel restrictions for Americans traveling to Cuba; reaffirms the U.S. statutory embargo of Cuba; and directs the Treasury and Commerce Departments to begin the process of issuing new regulations within 30 days. Read more...

Trump Signs Presidential Memorandum Delaying Start Date for His 90-day Travel Ban

On June 14, President Trump signed a Presidential Memorandum delaying the start date for his 90-day travel ban in an attempt to prevent the Supreme Court from ruling that the March 6 Executive Order has expired. The ban was initially slated to take effect on March 16 but has since been stalled in federal courts. Read more...

Trump Signs Follow the Rules Act Into Law

On June 14, President Trump signed the "Follow the Rules Act" ( H.R. 657) into law, which prohibits taking a personnel action against a Federal employee or an applicant for Federal employment for refusal to obey an order that would violate a rule or regulation.

House Appropriations Committee Passes FY 2018 Military Construction-VA Appropriations Bill

On June 15, the House Appropriations Committee passed its first FY 2018 appropriations bill, the $88.8 billion Military Construction and Veterans Affairs Appropriations bill. The bill provides $88.8 billion in discretionary funding - $6 billion above the FY 2017 level. This includes $638 million in Overseas Contingency Operations funding, which includes funding for European Reassurance Initiative projects. The Committee, by a party-line vote of 29-22, approved the interim 302(b) suballocation for the bill and adopted two amendments to the bill by voice vote. Read more...

House Financial Services Committee Marks Up Two NFIP Bills, Delays Markup of Five Other Bills

On June 15, the House Financial Services Committee (HFSC) marked up the following two National Flood Insurance Program (NFIP)-related bills:

The "National Flood Insurance Program Policyholder Protection Act of 2017" (H.R. 2868) passed by a vote of 53-0. This bill would place a cap of $10,000 on the risk premium chargeable to a single family home. HFSC Democrats voted for the bill - despite the failure of an amendment they supported that would have lowered that cap to $5,000; and
The "21st Century Flood Reform Act" (H.R. 2874), passed by a near-party line vote of 30-26 (Rep. Peter King [R-NY] voted with all HFSC Democrats against the bill). The bill would reform NFIP processes while attempting to facilitate a transition to more private flood insurance policies. For several hours, members of the HFSC debated a range of Democratic amendments to the bill. Most notably, Democrats said they were worried that the bill as currently drafted did not actually contain a reauthorization of the NFIP. The sponsor of the bill, Rep. Sean Duffy (R-WI), subsequently introduced a manager's amendment with numerous changes, including a five-year NFIP reauthorization. For other substantive reasons, HFSC Ranking Member Maxine Waters (D-CA) and fellow Democrats were unsatisfied with Duffy's substitute. As an alternative, Waters offered a substitute amendment identical to a bipartisan Senate bill championed by lawmakers from coastal states like New Jersey and Florida, however, that amendment failed to pass by a party-line vote of 25-31.

The HFSC is scheduled to markup five additional NFIP-related bills at 10am EST on Wednesday, June 21. Read more...

House Passes Two VA-related Bills

Last week, the House passed two VA-related bills:

On June 13, the House passed, by a vote of 368-55, the Department of Veterans Affairs Accountability and Whistleblower Act of 2017 (S. 1094), which the Senate had previously passed on June 6 by voice vote, sending the bill to President Trump to be signed into law. The bill would give the VA Secretary authority to more quickly remove, demote or suspend employees for poor performance or misconduct by shortening appeal timelines. In addition, the legislation codifies the Office of Accountability and Whistleblower Protection at the VA, provides director hiring authority for medical center directors as well as Directors of the Veterans Integrated Service Networks (VISN's). The White House issued a Statement of Administration Policy for S. 1094, stating that "If S. 1094 were presented to the President, his advisors would recommend that he sign the bill into law."
On June 15, the House passed, by voice vote, the Veterans Equal Treatment Ensures Relief and Access Now (VETERAN) Act (H.R. 2372), which would amend the House-passed American Health Care Act of 2017 to allow veterans who are eligible for, but not enrolled in, health coverage through the VA to receive premium tax credits to purchase private health insurance.

Read more here and here.

Senate Confirms Assistant Secretary of Defense

On June 12, the Senate voted 95-1 to confirm Kenneth P. Rapuano to be Assistant Secretary of Defense, Homeland Defense and Global Security. The vote makes Rapuano the sixth Trump Pentagon appointee approved by the Senate after the Administration's slow start filling key jobs at DoD. Read more...

Senate Votes to Support Trump's Weapons Sale to Saudi Arabia

On June 13, the Senate voted 53-47 against blocking $500 billion in U.S. weapons sales to Saudi Arabia over ten years. Section 36(b) of the Arms Export Control Act of 1976 provides special procedures whereby any Senator can force a vote on an arms sale, and Sen. Rand Paul (R-KY) introduced a disapproval resolution (S.J. Res. 42) doing just that. Republican Senators Paul, Dean Heller (R-NV), Mike Lee (R-UT), and Todd Young (R-IN) voted in favor of blocking the deal, while Democratic Senators Joe Donnelly (D-IN), Joe Manchin (D-WV), Claire McCaskill (D-MO), Bill Nelson (D-FL), and Mark Warner (D-VA) voted against blocking the deal. Read more...

Senate Passes Iran and Russia Sanctions Bill

On June 15, the Senate passed, by a vote of 98-2, the Countering Iran's Destabilizing Activities Act of 2017 ( S. 722). The bill expands sanctions on Iran for ballistic missile development, support for terrorism, transfers of conventional weapons, and human rights violations. The Senate also passed an amendment to the bill, by a vote of 97-2, maintain and substantially expand sanctions against the Russian government in response to the violation of the territorial integrity of the Ukraine and Crimea, its cyberattacks and interference in elections, and its continuing aggression in Syria. The Senate also voted 94-6 for an amendment to protect NASA and commercial space launches by allowing NASA to move forward with currently planned missions; and 100-0 for an amendment "reaffirming the strategic importance of Article 5 of the North Atlantic Treaty to the member nations of the North Atlantic Treaty Organization and its contribution to maintaining stability throughout the world." Read more...

Senate Passes PROTECT Our Children Act

On June 15, the Senate passed, by Unanimous Consent, the Providing Resources, Officers, and Technology To Eradicate Cyber Threats to (PROTECT) Our Children Act of 2017 (S. 782), which reauthorizes the Internet Crimes Against Children (ICAC) Task Force Program, a national network of 61 coordinated task forces representing 3,500 federal, state, and local law enforcement and prosecutorial agencies that combat child exploitation across the country. Organizations who support the PROTECT Our Children Act include the National Association to Protect Children (PROTECT), National Center for Missing and Exploited Children, RAINN (Rape, Abuse & Incest National Network), National Children's Alliance, Rights4Girls, Shared Hope, Fraternal Order of Police, National Association of Police Organizations, Sergeants Benevolent Association, Major County Sheriffs of America, Association of State Criminal Investigative Agencies, National Sheriffs Association, Federal Law Enforcement Officers Association, National District Attorneys Association, National Criminal Justice Association, and Major City Chiefs Police Association. Read more...

Trump Announces Nominations to Administrative Posts

Last week, the White House announced that the following 21 nominations had been sent to the Senate for consideration:

Claria Horn Boom to be U.S. District Judge for the Eastern and Western Districts of Kentucky;
David G. Ehrhart to be General Counsel of the Department of the Air Force;
Dawn DeBerry Stump to be a Commissioner of the Commodity Futures Trading Commission for a term expiring June 19, 2021;
Beth Ann Williams to be an Assistant Attorney General;
D. Michael Dunavant to be U.S. Attorney for the Western District of Tennessee for the term of four years;
Louis V. Franklin, Sr. to be U.S. Attorney for the Middle District of Alabama for the term of four years;
Justin E. Herdman to be U.S. Attorney for the Northern District of Ohio for the term of four years;
John W. Huber to be U.S. Attorney for the District of Utah for the term of four years;
Jessie K. Liu to be U.S. Attorney for the District of Columbia for the term of four years;
Richard W. Moore to be U.S. Attorney for the Southern District of Alabama for the term of four years;
John E. Town to be U.S. Attorney for the Northern District of Alabama for the term of four years;
Kelly Knight Craft to be U.S. Ambassador to Canada;
Sharon Day to be U.S. Ambassador to Costa Rica.
Jeffrey Gerrish to be a Deputy U.S. Trade Representative (Asia, Europe, the Middle East, and Industrial Competitiveness), with the rank of Ambassador;
Lynn A. Johnson to be Assistant Secretary for Family Support, Department of Health and Human Services;
Elinore F. McCance-Katz to be Assistant Secretary for Mental Health and Substance Use, Department of Health and Human Services;
Kathleen Troia McFarland to be U.S. Ambassador to Singapore;
Lucian Niemeyer to be an Assistant Secretary of Defense;
Jessica Rosenworcel to be a Member of the Federal Communications Commission for a term of five years from July 1, 2015 (reappointment);
Nathan Alexander Sales to be Coordinator for Counterterrorism, with the rank and status of Ambassador at Large;
Eric M. Ueland to be an Under Secretary of State (Management);

Trump also announced his intent to nominate the following 7 individuals to various positions last week:

Isabel Marie Keenan Patelunas to be Assistant Secretary for Intelligence and Analysis at the Department of the Treasury;
James Clinger to be a member of the Federal Deposit Insurance Corporation for a term of six years and to be Chairperson for a term of five years, effective November 29, 2017;
Gregory Doud to be Chief Agricultural Negotiator, with the Rank of Ambassador, U.S. Trade Representative;
John H. Gibson II to be Deputy Chief Management Officer of the Department of Defense;
Robert P. Storch to be Inspector General for the National Security Agency;
Donald P. Loren to be an Assistant Secretary of Veterans Affairs, Operations, Security and Preparedness; and
Peter J. Shelby to be an Assistant Secretary of Veterans Affairs, Human Resources and Administration.