Weekly Legislative Update
Week of May 2, 2016
Congressional Outlook
Week of May 2nd
The House and Senate are both in recess this week. When the House returns the week of May 9,
it will consider a series of bills addressing opioid abuse for what House Majority Leader Kevin
McCarthy (R-CA) calls "opioid week." The slate of measures would authorize funding for state
and local grants treatment programs, review of existing laws, and adjust the number of patients
that physicians can treat in a year for opioid abuse, among other things. House Natural
Resources Committee Chairman Rob Bishop (R-UT) also stated that a revised version of a debt
aid package for Puerto Rico will not be unveiled untilMay 10at the earliest. Lastly, House
Republicans have yet to agree on a budget, but talks are ongoing. Before leaving for recess,
Speaker Paul Ryan (R-WI) held a members-only meeting with the House GOP conference to
discuss the issue.
When the Senate returns, it will reconsider a motion to invoke cloture for the substitute
amendment for the Senate's $37.5 billion FY 2017 Energy and Water Development (E&W)
Appropriations bill. Senate Democrats already blocked two cloture motions for the measure last
week. If the Senate passes the E&W Appropriations bill, it will consider its FY 2017
Transportation, Housing and Urban Development Appropriations bill next. With the
appropriations process stalled, the Senate could turn to a revised criminal justice reform bill, the
"Sentencing Reform and Corrections Act of 2015" (S. 2123). The bill has 34 cosponsors and the
support of previously skeptical senators, such as Steve Daines (R-MT) and Mark Kirk (R-IL).
However, hardliners on the issue, such as Sens. Tom Cotton (R-AR) and David Perdue (R-GA),
remain opposed to the bill. Additionally, several House-passed bills now await action in the
Senate. Those include the flood insurance reform bill (H.R. 2901), a slate of tax bills that alter the
Internal Revenue Service's practices, a bill overhauling the process for considering individual
tariff-cutting measures (H.R. 4923), and the disapproval resolution (H.J.Res.88) for the Obama
Administration's fiduciary rule.
Week in Review
Senate FY 2017 E&W Appropriations Bill Blocked Over Iran
Amendment
At the beginning of the week of April 25, the path appeared to be clear for the Senate to pass its
$37.5 billion FY 2017 Energy and Water Development Appropriations bill (S. 2804) ahead of
schedule, but an amendment filed by Sen. Tom Cotton (R-AR) to ban the Obama administration
from buying heavy water from Iran turned bipartisan support sour. The measure would provide
$355 million more than the FY 2016 enacted level and $261 million more than President
Obama's budget request. It would also include a pilot program to address nuclear waste storage.
The Senate blocked a motion to file cloture on Sen. Lamar Alexander's (R-TN) substitute
amendment for the energy and water appropriations bill Wednesday, by a 50-46 vote mostly
along party lines with four Republicans voting with Democrats against the measure. On
Thursday, the Senate blocked a second motion to file cloture on Alexander's amendment, again
mostly along party lines by a vote of 52-43. Before Thursday's vote, Senate leaders snapped at
each other on the floor. Senate Majority Leader Mitch McConnell (R-KY) told Democrats to do
their job, while Senate Minority Leader Harry Reid (D-NV) said if Republicans continued to insist
on the amendment, Democrats will continue to block the bill from moving forward. The Senate is
scheduled to consider a third attempt at invoking cloture on the substitute amendment on
Monday, May 9.
Before the infighting over the bill occurred on April 27, the Senate approved 11 amendments and
rejected one amendment on April 25 and 26:
Monday, April 25th:
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Sen. Patty Murray's (D-WA) amendment #3813, agreed to by a vote of 55-38: clarifies
that none of the funds for the U.S. Army Corps of Engineers can conflict with restrictions
on foreign acquisition;
Sen. Jack Reed's (D-RI) amendment #3841, cosponsored by Sen. Susan Collins (RME), and agreed to by voice vote: transfers $6 million in funding to the Weatherization
Assistance Program account from the Building Technologies account;
Sen. Dianne Feinstein's (D-CA) amendment #3842, agreed to by voice vote: modifies the
deadline, to November 30, 2017, for the completion of a feasibility study relating to the
Sites Reservoir in Colusa County, California;
Sen. Mark Warner's (D-VA) amendment #3851, agreed to by voice vote: ensures that not
less than $543,000 is used to implement the requirements of the Digital Accountability
and Transparency (DATA) Act of 2014;
Sen. John McCain's (R-AZ) amendment #3843, cosponsored by Sen. Jeff Flake (R-AZ),
and agreed to by voice vote: requires the Administrator of the Western Area Power
Administration (WAPA) to prepare a report on the use of certain provisions in power
contracts;
Sen. Mike Rounds' (R-SD) amendment #3844, cosponsored by Sen. John Thune (RSD), and agreed to by voice vote: makes $2 million of the Corps' operation and
maintenance budget available for Upper Missouri River Basin flood and drought
monitoring;
Sen. Lisa Murkowski's (R-AK) amendment #3808, cosponsored by Sens. Brian Schatz
(D-HI), Dan Sullivan (R-AK), and Mazie Hirono (D-HI), and agreed to by voice vote:
amends Section 2006 of the 2007 WRDA ("Remote and Subsistence Harbors" section)
by expanding eligibility criteria and justification standards for conducting studies of harbor
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and navigation improvements to include the phrases "community that is located in the
region that is served by the project and that will rely on the project"; "regional population
to be served by the project and that will rely on the project"; and "'local community or to a
community that is located in the region to be served by the project and that will rely on
the project";
Sen. John McCain's (R-AZ) amendment #3869, cosponsored by Sen. Jeff Flake (R-AZ),
and agreed to by voice vote: directs the U.S. Secretary of the Interior, in coordination
with the Secretary of the Army and the U.S. Secretary of Agriculture, to conduct a study
"on the effectiveness and environmental impact of salt cedar control efforts (including
biological control) in increasing water supplies, restoring riparian habitat, and improving
flood management" and develop a plan for the removal of invasive salt cedar from all
federal land in the Lower Colorado River basin based on the findings; and
Sen. Tom Carper's (D-DE) amendment #3870, cosponsored by Sen. Chris Coons (DDE), and agreed to by voice vote: allows certain funds for shore protection (under the
Corps' construction budget) to be prioritized for certain projects "in areas that have
suffered severe beach erosion requiring additional sand placement outside of the normal
beach renourishment cycle or in which the normal beach renourishment cycle has been
delayed."
Tuesday, April 26th:
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Sen. Jeff Merkley's (D-OR) amendment #3812, cosponsored by Sen. Chuck Grassley
(R-IA), and agreed to by a vote of 54-42: provides a $95,400,000 set-aside for wind
energy for DOE Energy Efficiency and Renewable Energy programs;
Sen. Harry Reid's (D-NV) amendment #3805, cosponsored by Sen. Dean Heller (R-NV),
and agreed to by a vote of 73-23: adds an additional $50 million to the WaterSMART
grant program (from $400 million to $450 million), under the condition that of the $450
million, $50 million is used to carry out Interior Department pilot projects (through
FY2018) to increase Colorado River System water in Lake Mead and the initial units of
Colorado River Storage Project reservoirs (as outlined in section 206 of the "Energy and
Water Development and Related Agencies Appropriations Act, 2015"); and
Sen. Jeff Flake's (R-AZ) amendment #3820, not agreed to by a vote of 12-84: lowers, by
$68,950,000, the Corps of Engineers' construction budget (from $1,813,649,000 down to
$1,744,699,000).
Read more...
Senate EPW Committee Passes 2016 WRDA
On April 28, the Senate Environment and Public Works (EPW) Committee passed the $9.4 billion
"Water Resources Development Act (WRDA) of 2016" (S. 2848) by a vote of 19-1 (Sen. Deb
Fischer [R-NE] was the lone no vote). The bill authorizes 27 Army Corps projects in 17
states.According to the EPW Committee, "these projects, which have undergone Congressional
scrutiny and have completed reports of the Chief of Engineers, will strengthen our nation's
infrastructure to protect lives and property, restore vital ecosystems to preserve our natural
heritage, and maintain navigation routes for commerce and the movement of goods to keep us
competitive in the global marketplace. The bill provides critical investment in the country's aging
drinking water and wastewater infrastructure, assists poor and disadvantaged communities in
meeting public health standards under the Clean Water Act and Safe Drinking Water Act, and
promotes innovative technologies to address drought and other critical water resource
needs. The bill also responds to the drinking water crisis in Flint, Michigan, by providing
emergency assistance to Flint and other similar communities across the country facing drinking
water contamination." When the 2016 WRDA is brought up to the full Senate for a vote,
amendments from all 100 Senators will be considered at that time. A 3-page summary, 20-page
section-by-section summary, and the bill text are all available here. Read more...
House Passes Private Flood Insurance Reform Bill
On April 28, the House passed, by a vote of 419-0, the "Flood Insurance Market Parity and
Modernization Act" (H.R. 2901), which is intended to encourage more private sector engagement
in flood insurance. H.R. 2901 amends the Flood Disaster Protection Act to clarify that flood
insurance offered by a private carrier outside of the federal National Flood Insurance Program
(NFIP) can satisfy the Act's mandatory purchase requirement. H.R. 2901 defines acceptable
private flood insurance as a policy providing flood insurance coverage that is issued by an
insurance company that is licensed, admitted, or otherwise approved to engage in the business
of insurance in the state or jurisdiction in which the insured property is located. Under the bill, an
acceptable private flood insurance policy may also be issued by an insurance company that is
eligible as a non-admitted insurer to provide insurance in the state or jurisdiction where the
property to be insured is located. Sen. Dean Heller (R-NV), who has introduced a companion
measure in the Senate (S. 1679), said in a statement that senators need to "build off this
momentum and support this legislation in order to pass this bill into law this Congress." Read
more...
President Obama Signs DHS Consolidation Bill Into Law
On April 29, President Obama signed the "Department of Homeland Security Headquarters
Consolidation Accountability Act of 2015," (S. 1638) which requires the Department of Homeland
Security (DHS) to submit a report to Congress on its project to consolidate offices in the National
Capital Region into a single headquarters, including:
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An occupancy plan detailing the components and offices to be included in the
consolidation project;
An assessment of current and future real property and facilities required by DHS;
Updated cost and schedule estimates;
A current plan for DHS's portfolio of leased space in the national capital region; and
The costs and benefits of leasing and construction alternatives for the remainder of the
consolidation project.
The report would be due within 120 days of enactment and would be drafted in coordination with
the General Services Administration (GSA).The bill also would require the Government
Accountability Office (GAO) to evaluate the department's cost and schedule estimates for quality
and reliability and report its findings to Congress.
Congressional Schedule
There are no scheduled hearings this week as the House and Senate are in recess.