Weekly Legislative Update
 Week of September 18, 2017
  
Congressional Outlook

The House is in recess this week, while the Senate is in session through Wednesday (due to Rosh Hashanah, the Jewish New Year, falling on Thursday and Friday). On Monday, the Senate plans to complete work on the FY 2018 National Defense Authorization Act (H.R. 2810). The Senate is also scheduled to vote this week on the nomination of Noel J. Francisco to serve as the 47th Solicitor General of the United States, the third-highest-ranking official at the U.S. Department of Justice who represents the U.S. federal government before the U.S. Supreme Court. House Ways and Means Committee Chairman Kevin Brady (R-TX) announced last week that the "Big Six" tax group will release their consensus tax document, which will include "core elements of tax reform" during the week of September 25.
 
Senate Majority Leader Mitch McConnell (R-KY) and his leadership team are seriously considering voting on a bill next week that would scale back the federal government's role in the health care system and instead provide block grants to states. It would be a last-ditch attempt to repeal the Affordable Care Act (ACA) before the GOP's power to pass health care legislation through a party-line vote in the Senate expires on Sept. 30 (i.e., the end of FY 2017). No final decision has been made, but Sen. McConnell has told his caucus that if the bill written by Sens. Lindsey Graham (R-SC), Bill Cassidy (R-LA), Dean Heller (R-NV), and Ron Johnson (R-WI) has the support of at least 50 of the 52 GOP senators, he will bring it to the floor. That would give Republicans one more crack at repealing the ACA, a longtime party pledge. Right now, support for the bill - which would replace Obamacare's tax subsidies with block grants, end the law's individual insurance mandate and scale back its Medicaid expansion - among Republican senators is short of 50 votes. But McConnell and his lieutenants will gauge support this week in private party meetings with help from President Donald Trump.
 
World leaders from 193 countries are scheduled to meet in New York City this week for the 72nd session of the United Nations General Assembly. President Trump will deliver his first address to a session of the U.N. General Assembly on Tuesday morning, where he is expected to seek support for tougher measures against North Korea, confront ISIS, and explain his "America First" agenda. He will also participate in bilateral meetings with numerous world leaders. 
Week in Review

House Passes FY 2018 Omnibus Appropriations Bill
 
On September 14, the House passed, by a vote of 211-198, the $1.2 trillion "Make America Secure and Prosperous Appropriations Act, 2018" ( H.R. 3354), which bundles eight FY 2018 spending bills (Interior-Environment, Agriculture-FDA, Commerce-Justice-Science, Financial Services-General Government, Homeland Security, Labor-HHS-Education, State-Foreign Operations, and Transportation-HUD) with the four-measure minibus appropriations bill passed by the House on July 27th by a vote of 235-192, the "Make America Secure Appropriations Act, 2018" ( H.R. 3219), which includes the FY 2018 Defense, Legislative Branch, Military Construction-VA, and Energy-Water Development Appropriations bills. The overall spending bill includes $510 billion for non-defense discretionary spending and $621 billion for defense spending.
 
The House has now finished all of the spending bills for FY 2018, which officially begins on October 1. Negotiations on the FY 2018 appropriations bills are now expected to go on well into the fall as the full Senate has not acted on any FY 2018 spending bills, and the Senate Appropriations Committee has yet to markup and report out all twelve FY 2018 Appropriations bills (the Defense, Financial Services-General Government, Homeland Security, and Interior-Environment bills still need to be considered by the Committee, as of Sept. 14th). With the federal government funded at enacted FY 2017 levels through Friday, December 8th under a continuing resolution (CR) signed into law by President Trump on Sept. 8th, bipartisan and bicameral negotiations will be needed to avoid automatic spending cuts known as sequestration because the legislation exceeds the Budget Control Act military spending cap of $549 billion (the cap on non-defense discretionary spending is $516 billion).
 
While skinnier than the bills that Senate appropriators have marked up so far this year, the House-passed omnibus would provide more funding overall than President Trump requested. The White House sought $462 billion in non-defense discretionary funds, or $48 billion less than the House's spending package. The White House had asked for $603 billion in defense funds, $18 billion less than the House measure would provide. Any measure lifting the defense caps would require support from Senate Democrats, who have called for a corresponding increase in the caps for domestic programs. House and Senate Appropriations Committee staffers have started informal discussions, and talks will intensify before stopgap funding runs out on Dec. 8. Read more...
Senate Confirms CEA Chairman, Assistant Interior Secretary, and Deputy HUD Secretary
 
Last week, the Senate confirmed the three following Trump Administration officials:  
  • By a vote of 81-16, Kevin Hassett to serve as Chairman of the Council of Economic Advisers;
  • By voice vote, Douglas Domenech to serve as Assistant Secretary of the Interior, Insular Affairs; and
  • By a vote of 80-17, Pamela Patenaude to serve as Deputy Secretary of Housing and Urban Development.
Senate Passes 14 Bills
 
Last week, the Senate passed 14 bills by voice vote or Unanimous Consent, including:  
  • The Securing Access to Network in Disasters Act of 2017 (S. 102), which would require cellphones to work on other carriers' networks during natural disasters and would also establish a system for 911 calls to be transmitted over Wi-Fi;
  • The Abolish Human Trafficking Act of 2017 (S. 1311), which strengthens and reauthorizes key programs that support survivors of human trafficking and provides resources to law enforcement officials on the front lines of the fight against modern-day slavery;
  • The Trafficking Victims Protection Act of 2017 (S. 1312), which renews existing programs that make federal resources available to human trafficking survivors and establish new prevention, prosecution and collaboration initiatives to help bring the perpetrators to justice;   
  • The No Human Trafficking on Our Roads Act (S. 1532), which would disqualify individuals from operating a commercial motor vehicle (CMV) for their lifetime if they used a CMV to commit a felony involving human trafficking; and
  • The Combating Human Trafficking in Commercial Vehicles Act (S. 1536), which would designate a human trafficking prevention coordinator at the U.S. Department of Transportation and would increase outreach, education, and reporting efforts at the Federal Motor Carrier Safety Administration.
House Passes Firefighter Cancer Registry Act
 
On September 12, the House passed, by voice vote, the Firefighter Cancer Registry Act of 2017 ( H.R. 931), which would require the Centers for Disease Control and Prevention (CDC) to develop and maintain a registry to collect data regarding the incidence of cancer in firefighters. The bill would authorize $2 million in federal funds to the CDC from FYs 2018-2022. Data gathered would include a number of potential risk factors, including but not limited to the status of the firefighter (volunteer, paid-on-call, or career), number of years on the job, the number of incidents attended, and the type of incidence. The collection of this data would allow for improved equipment, enhanced safety protocols and preventative techniques for our firefighters. Read more...
House Passes Homeland Security-Related Bills
 
Last week, the House passed a series of bills related to local governments and homeland security, including:  
  • Joint Counterterrorism Awareness Workshop Series Act of 2017 (H.R. 3284): Passed by a vote of 398-4, this bill would formally authorize FEMA to hold counterterrorism workshops with state and local officials. The bill would authorize $1 million a year from fiscal 2018 through 2022 to establish the Joint Counterterrorism Awareness Workshop Series;
  • Pathways to Improving Homeland Security At the Local Level Act (H.R. 2427): Passed by voice vote, this bill would require the Department of Homeland Security (DHS) to produce an annual catalog with training opportunities and other services available to state, local, and tribal law enforcement agencies;
  • Federal Information Resource to Strengthen Ties with (FIRST) State and Local Law Enforcement Act (H.R. 2442): Passed by voice vote, this bill would require DHS to provide Congress with annual reports on the department's coordination with state, local, and tribal law enforcement agencies; and
  • Terrorist Release Announcements to Counter Extremist Recidivism (TRACER) Act (H.R. 2471): Passed by voice vote, this bill would require DHS to provide state and local law-enforcement entities, called fusion centers, with information about prisoners released from federal correctional facilities who were convicted of a terrorism-related crime.
House Passes Criminal Alien Gang Member Removal Act
 
On September 14, the House passed, by a vote of 233-175, the Criminal Alien Gang Member Removal Act ( H.R. 3697 ), which would make it easier for the federal government to deport immigrants suspected of gang activity. The bill would authorize deportations of immigrants suspected of gang activity, which is less stringent than current law that requires them to be convicted of crimes. Under this bill, a "gang" is defined for the first time under the Immigration and Nationality Act (INA) as "an ongoing group, club, organization, or association of 5 or more persons" that engages in a broadly defined range of criminal offenses, including "harboring" immigrants. This "harboring" provision would not be restricted to those in the business of smuggling immigrants, but could include anyone who provides shelter, transportation or support to undocumented immigrants. The White House issued a Statement of Administration Policy for H.R. 3697, stating that " If H.R. 3697 were presented to the President in its current form, his advisors would recommend that he sign the bill into law." Read more...    
White House CEQ Publishes Initial List of Actions Regarding Federal Environmental Review
 
On September 14, the White House Council on Environmental Quality (CEQ) published in the Federal Register an "Initial List of Actions To Enhance and Modernize the Federal Environmental Review and Authorization Process," pursuant to Executive Order (E.O.) 13807, "Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects," signed by President Trump on August 15, 2017. E.O. 13807 provides that "[w]ithin 30 days of the date of this order, the CEQ shall develop an initial list of actions it will take to enhance and modernize the Federal environmental review and authorization process. CEQ identified the following initial list of actions that it intends to undertake to enhance and modernize the Federal environmental review and authorization process:  
  • Develop, with the Office of Management and Budget, and in consultation with the Federal Permitting Improvement Steering Council (Permitting Council), a framework for implementing "One Federal Decision";
  • Coordinate with the Permitting Council, Department of Transportation, and the U.S. Army Corps of Engineers, with regard to projects that may qualify as high-priority infrastructure projects pursuant to E.O. 13766 of January 24, 2017;
  • Review existing CEQ regulations implementing the procedural provisions of the National Environmental Policy Act (NEPA) to identify changes needed to update and clarify those regulations;
  • Issue additional guidance as may be necessary, including through a NEPA practitioners' handbook, to simplify and accelerate the NEPA process; and
  • Form and lead an interagency working group to review agency regulations and policies to identify impediments to the efficient and effective processing of environmental reviews and permitting decisions.
Trump Signs Four Bills and Resolutions Into Law
 
During the week of September 11, President Trump signed the following three bills and resolutions into law:  
  • H.R. 3732, the "Emergency Aid to American Survivors of Hurricanes Irma and Jose Overseas Act," which increases, from $1 million to $25 million, the cap for Fiscal Years (FY) 2017 and 2018 on the amount that HHS may spend for the provision of assistance to repatriated U.S. citizens;
  • S.J. Resolution 49, which condemns the violence and domestic terrorist attack that took place during events between August 11 and August 12, 2017, in Charlottesville, Virginia, recognizing the first responders who lost their lives while monitoring the events, offering deepest condolences to the families and friends of those individuals who were killed and deepest sympathies and support to those individuals who were injured by the violence, expressing support for the Charlottesville community, rejecting White nationalists, White supremacists, the Ku Klux Klan, neo-Nazis, and other hate groups, and urging the President and the President's Cabinet to use all available resources to address the threats posed by those groups;
  • H.R. 624, the "Social Security Number Fraud Prevention Act of 2017," which restricts the inclusion of Social Security account numbers on Federal documents sent by mail; and
  • S. 1616, the "Bob Dole Congressional Gold Medal Act," which provides for the award of a Congressional gold medal to Bob Dole, in recognition for his service to the nation as a soldier, legislator, and statesman.  
Trump Announces Nominations to Administrative Posts
 
Last week, the White House announced that 16 nominations had been sent to the Senate for consideration, including:
  • Howard Elliott to be Administrator of the Pipeline and Hazardous Materials Safety Administration, Department of Transportation;
  • James Geurts to be an Assistant Secretary of the Navy;
  • Paul Trombino III to be Administrator of the Federal Highway Administration;
  • Walter Copan to be Under Secretary of Commerce for Standards and Technology; and
  • Brian Montgomery to be an Assistant Secretary of Housing and Urban Development, Federal Housing Commissioner. 
Trump also announced his intent to nominate 12 individuals last week, including:  
  • George Slater to be an Assistant Secretary of Labor, Administration and Management;
  • Joseph Hunt to be an Assistant Attorney General, Civil Division;
  • Robert Kurtz to be an Assistant Secretary of Housing and Urban Development, Public and Indian Housing;
  • Jon Adler to be Director of the Bureau of Justice Assistance, Department of Justice;
  • Thomas Harker to be an Assistant Secretary of the Navy, Financial Management and Comptroller; and
  • Bruce Landsberg to be a Member of the Transportation Safety Board for a 5-year term beginning January 1, 2018 and upon confirmation to be designated Vice Chairman for a term of 2 years.