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
Security Appropriations bill on Tuesday, followed by a markup of
Interior-Environment Appropriations bill on Wednesday. The
Committee will markup its FY 2017 Interior-Environment and
Government Appropriations bills on Thursday.
billion FY 2017 Homeland
its $32.095 billion FY 2017
full Senate Appropriations
Financial Services-General
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
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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
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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
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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
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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 "SaintGaudens 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"
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(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
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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."
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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."