PublicationsInsights on Current Policy Issues

  • March 7, 2017

    By Frank Vlossak

    On February 24, 2017, President Trump signed an Executive Order entitled “Enforcing the Regulatory Reform Agenda”. The Executive Order establishes mechanisms intended to reduce regulations, including by implementing the President’s January 30, 2017 Executive Order which calls for agencies to eliminate two regulations for each new regulation they promulgate. Among the requirements of this latest Executive Order are mandates for federal agencies to appoint “Regulatory Reform Officers” and establish “Regulatory Reform Task Forces”. As described in a White House press release, the Executive Order directs each agency’s Regulatory Reform Task Force to: “evaluate existing regulations and identify candidates for repeal or modification”; and “focus on eliminating costly and unnecessary regulations.”

     

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  • February 9, 2017

    By Frank Vlossak

    On January 30, 2017, President Trump signed an Executive Order entitled “Reducing Regulation and Controlling Regulatory Costs”. The Executive Order is intended to ensure that “for every one new regulation issued, at least two prior regulations be identified for elimination”. On February 3, the White House issued a memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017…” The memorandum provides agencies with information on how to implement the “Regulatory Cap for Fiscal Year 2017” established by the Executive Order.   

    Among the issues addressed, the February 3, memorandum clarifies that the Executive Order applies only to significant rulemakings, and does not require compliance by independent federal agencies such as the Securities and Exchange Commission (SEC), the Federal Energy Regulatory Commission (FERC), and the Federal Communications Commission (FCC).

     

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  • January 25, 2017

    By Frank Vlossak 

    On January 24, President Trump signed an executive order and four memoranda addressing pipeline, infrastructure, and manufacturing issues. The memoranda include one directing prompt consideration of the remaining federal approvals needed by the Dakota Access Pipeline. Another memorandum invites TransCanada to resubmit its application for a Presidential border-crossing permit for the Keystone XL Pipeline. The memorandum further directs the Department of State to “reach a final permitting decision” within 60 days of receiving a new Keystone XL permit application.

    A memorandum to the Secretary of Commerce requires the development of a “plan” to require “all new pipelines, as well as retrofitted, repaired, or expanded pipelines [to]…use materials and equipment [including steel] produced in the United States, to the maximum extent possible and to the extent permitted by law…”

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The House will consider H.J.Res. 69 – Providing for congressional disapproval of the final rule of the Department of the Interior relating to Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska and H.J.Res. 43 – Providing for congressional disapproval of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting sub-recipients. The Senate will vote on the confirmation of Mick Mulvaney to be Director of Office Management and Budget, followed by the pending cloture vote on the nomination of Scott Pruitt to be Administrator of the Environmental Protection Agency.

House

 

Yesterday

  • Summary of Legislative Business
    • Ordering the Previous Question on H. Res. 123 — "Providing for consideration of the joint resolution (H.J. Res. 43) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting subrecipients; providing for consideration of the joint resolution (H.J. Res. 69) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to “Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska”; and providing for proceedings during the period from February 17, 2017, through February 24, 2017.”
      • - ADOPTED 233 - 190, Roll Call No. 93
        • Republican YEA – 233; NAY - 0
        • Democrat YEA – 0; NAY – 190
    • H. Res. 123 — "Providing for consideration of the joint resolution (H.J. Res. 43) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting subrecipients; providing for consideration of the joint resolution (H.J. Res. 69) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to “Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska”; and providing for proceedings during the period from February 17, 2017, through February 24, 2017.”
      • - ADOPTED 233 - 188, Roll Call No. 94
        • Republican YEA – 233; NAY - 0
        • Democrat YEA – 0; NAY – 188
    • H.J. Res. 42 – “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting subrecipients.”
      • - ADOPTED 236 - 189, Roll Call No. 97
        • Republican YEA – 232; NAY - 1
        • Democrat YEA – 4; NAY – 188
    • H.J. Res. 66 – “Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by States for non-governmental employees.”
      • - ADOPTED 231 - 193, Roll Call No. 96
        • Republican YEA – 230; NAY - 3
        • Democrat YEA – 1; NAY – 190
    • H.J. Res. 67 – “Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by qualified State political subdivisions for non-governmental employees.”
      • - ADOPTED 234 - 191, Roll Call No. 95
        • Republican YEA – 233; NAY - 1
        • Democrat YEA – 1; NAY – 190

Today

  • On Thursday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business. First and last votes expected: 2:15 p.m – 3:15 p.m.
  • H.J.Res. 69 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska (Closed Rule, One Hour of Debate) (Sponsored by Rep. Don Young / Natural Resources Committee)H.J.Res. 43 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting subrecipients (Closed Rule, One Hour of Debate) (Sponsored by Rep. Diane Black)

 

Senate

 

Yesterday

  • Roll Call Votes
    • Passage of H.J.Res.40 (NICS – CRA); passed: 57-43.
    • Motion to invoke cloture on the nomination of Mick Mulvaney to be Director, OMB; invoked: 52-48.

 

Today

  • The Senate stands adjourned until 10:00am on Thursday, February 16, 2017.
  • Following any Leader remarks, there be 10 minutes of debate followed by the confirmation vote on Executive Calendar #16, Mick Mulvaney to be Director of Office Management and Budget, followed by up to 10 minutes of debate before the pending cloture vote on Executive Calendar #15, the nomination of Scott Pruitt to be Administrator of the Environmental Protection Agency, and if cloture is invoked the time be counted as if invoked at 7:00am that day. Under the rules, if all time is used on the Pruitt nomination, the confirmation vote would be at approximately 1:00pm on Friday, February 17th.
  • Thursday, February 16th at approximately 10:30am
    • Confirmation of Mick Mulvaney, Director of OMB
    • up to 10 minutes of debate, then
    • Motion to invoke cloture on Scott Pruitt, Administrator of EPA
  • As a reminder, during Monday’s session Senator McConnell filed cloture on the following additional cabinet nominations:
    • Wilbur Ross (Secretary of Commerce)
    • Ryan Zinke (Secretary of Interior)
    • Ben Carson (Secretary of Housing and Urban Development)
    • James Richard Perry (Secretary of Energy)
    • Each cloture petition will ripen upon disposition of the previous nomination, and each nomination is subject to 30 hours of post-cloture debate.

 

Hearings Covered by W&J Today

 

World Mercury Project
“Briefing with Robert DeNiro and Robert F. Kennedy, Jr. on Mercury in Medicine”

House Agriculture Committee
“Pros and Cons of Restricting SNAP Purchases”

House Financial Services Committee
“Assessing the U.S.-EU Covered Agreement” 

House Energy and Commerce Committee
“Modernizing Environmental Laws: Challenges and Opportunities for Expanding Infrastructure and Promoting Development and Manufacturing” 

Senate Finance Committee
“The Nomination of Seema Verma to be CMS Administrator” 

House Judiciary Committee
“Hearing on H.R.372, the Competitive Health Insurance Reform Act of 2017”

 

Notable Legislation Introduced

 

Energy

H.R.1090 — 115th Congress (2017-2018)
To amend the Internal Revenue Code of 1986 to extend the credit for residential energy efficient property and the energy credit.
Sponsor: Rep. Reed, Tom [R-NY-23] (Introduced 02/15/2017) Cosponsors: (19)
Committees: House - Ways and Means
Latest Action: 02/15/2017 Referred to the House Committee on Ways and Means.

 

Financial Services

H.R.1080 — 115th Congress (2017-2018)
To amend the Securities Act of 1933 and the Internal Revenue Code of 1986 to provide an exemption and payments from taxation for 501(c)(3) bonds issued on behalf of a historically Black college or university.
Sponsor: Rep. Ellison, Keith [D-MN-5] (Introduced 02/15/2017) Cosponsors: (6)
Committees: House - Ways and Means, Financial Services
Latest Action: 02/15/2017 Referred to House Financial Services

 

Health

H.R.1082 — 115th Congress (2017-2018)
To amend title XIX of the Social Security Act to eliminate the State option to reduce the home equity exemption amount for purposes of eligibility for long-term care assistance under Medicaid, and for other purposes.
Sponsor: Rep. Guthrie, Brett [R-KY-2] (Introduced 02/15/2017) Cosponsors: (1)
Committees: House - Energy and Commerce
Latest Action: 02/15/2017 Referred to the House Committee on Energy and Commerce.

H.R.1072 — 115th Congress (2017-2018)
To repeal provisions of the Patient Protection and Affordable Care Act and provide private health insurance reform, and for other purposes.
Sponsor: Rep. Sanford, Mark [R-SC-1] (Introduced 02/15/2017) Cosponsors: (5)
Committees: House - Energy and Commerce, Ways and Means, Education and the Workforce, Judiciary
Latest Action: 02/15/2017 Referred to House Judiciary

 

Tax

H.R.1098 — 115th Congress (2017-2018)
To amend the Internal Revenue Code of 1986 to permanently extend the new markets tax credit, and for other purposes.
Sponsor: Rep. Tiberi, Patrick J. [R-OH-12] (Introduced 02/15/2017) Cosponsors: (21)
Committees: House - Ways and Means
Latest Action: 02/15/2017 Referred to the House Committee on Ways and Means

 

Transportation

H.R.1093 — 115th Congress (2017-2018)
To require the Federal Railroad Administration and the Federal Transit Authority to provide appropriate Congressional notice of safety audits conducted with respect to railroads and rail transit agencies.
Sponsor: Rep. Sires, Albio [D-NJ-8] (Introduced 02/15/2017) Cosponsors: (1)
Committees: House - Transportation and Infrastructure
Latest Action: 02/15/2017 Referred to the House Committee on Transportation and Infrastructure.

PublicationsInsights on Current Policy Issues

  • March 7, 2017

    By Frank Vlossak

    On February 24, 2017, President Trump signed an Executive Order entitled “Enforcing the Regulatory Reform Agenda”. The Executive Order establishes mechanisms intended to reduce regulations, including by implementing the President’s January 30, 2017 Executive Order which calls for agencies to eliminate two regulations for each new regulation they promulgate. Among the requirements of this latest Executive Order are mandates for federal agencies to appoint “Regulatory Reform Officers” and establish “Regulatory Reform Task Forces”. As described in a White House press release, the Executive Order directs each agency’s Regulatory Reform Task Force to: “evaluate existing regulations and identify candidates for repeal or modification”; and “focus on eliminating costly and unnecessary regulations.”

     

    Read...

    Read More
  • February 9, 2017

    By Frank Vlossak

    On January 30, 2017, President Trump signed an Executive Order entitled “Reducing Regulation and Controlling Regulatory Costs”. The Executive Order is intended to ensure that “for every one new regulation issued, at least two prior regulations be identified for elimination”. On February 3, the White House issued a memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017…” The memorandum provides agencies with information on how to implement the “Regulatory Cap for Fiscal Year 2017” established by the Executive Order.   

    Among the issues addressed, the February 3, memorandum clarifies that the Executive Order applies only to significant rulemakings, and does not require compliance by independent federal agencies such as the Securities and Exchange Commission (SEC), the Federal Energy Regulatory Commission (FERC), and the Federal Communications Commission (FCC).

     

    Read...

    Read More
  • January 25, 2017

    By Frank Vlossak 

    On January 24, President Trump signed an executive order and four memoranda addressing pipeline, infrastructure, and manufacturing issues. The memoranda include one directing prompt consideration of the remaining federal approvals needed by the Dakota Access Pipeline. Another memorandum invites TransCanada to resubmit its application for a Presidential border-crossing permit for the Keystone XL Pipeline. The memorandum further directs the Department of State to “reach a final permitting decision” within 60 days of receiving a new Keystone XL permit application.

    A memorandum to the Secretary of Commerce requires the development of a “plan” to require “all new pipelines, as well as retrofitted, repaired, or expanded pipelines [to]…use materials and equipment [including steel] produced in the United States, to the maximum extent possible and to the extent permitted by law…”

    Read...

    Read More

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