PublicationsInsights on Current Policy Issues

  • May 16, 2017

    By Frank Vlossak

    On May 8, 2017, the Office of Management and Budget (OMB) issued a memorandum titled “Guidance for Section 2 of Executive Order 13783, titled ‘Promoting Energy Independence and Economic Growth’”. E.O. 13783 directs federal agencies to review, and potentially suspend, revise or repeal, existing regulations that “burden domestic energy production.”

     

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  • April 19, 2017

    By Frank Vlossak

    On April 13, the Environmental Protection Agency (EPA) published a notice in the Federal Register soliciting public comments “on regulations that may be appropriate for repeal, replacement, or modification.” The notice is part of the EPA’s efforts to implement the Executive Order titled “Enforcing the Regulatory Reform Agenda” (E.O. 13777), which was signed by President Trump on February 24, 2017. The deadline for submitting public comments is May 15, 2017. EPA offices will also be conducting public forums on regulatory reform over the next four weeks. The Executive Order establishes mechanisms intended to reduce regulations, including by implementing the President’s January 30, 2017 Executive Order (E.O. 13771) which calls for agencies to eliminate two regulations for each new regulation they promulgate.

     

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  • April 12, 2017

    By Frank Vlossak

    Congress enacted the “Congressional Review Act” (CRA) as part of the “Contract with America Advancement Act” (P.L. 104-121) in 1996 and it is codified at 5 U.S.C. 801-808. The CRA established an expedited process for Congress to repeal recently promulgated regulations through passage of joint resolutions signed into law by the President. As of April 7, the President has signed eleven CRA resolutions into law. The House and Senate have passed two more, which the President is expected to sign. Activity on CRA resolutions will begin to wind down as the statutory cut-off for action on resolutions to repeal final rules issued during the 114th Congress is expected to occur no later than early May.

     

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The House will consider H.R. 3003 – No Sanctuary for Criminals Act and H.R. 3004 – Kate’s Law. The Senate will resume consideration of Neomi Rao, to be Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget.

House

 

Yesterday

  • No Sanctuary for Criminals Act--Rule for Consideration:
    • The House agreed to H. Res. 414, providing for consideration of the bill (H.R. 3003) to amend the Immigration and Nationality Act to modify provisions relating to assistance by States, and political subdivision of States, in the enforcement of Federal immigration laws, by a recorded vote of 235 ayes to 190 noes, Roll No. 332, after the previous question was ordered by a yea-and-nay vote of 235 yeas to 190 nays, Roll No. 331.
  • Protecting Access to Care Act of 2017:
    • The House passed H.R. 1215, to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system, by a recorded vote of 218 ayes to 210 noes, Roll No. 337.
  • Rejected the Kuster motion to recommit the bill to the Committee on the Judiciary with instructions to report the same back to the House forthwith with an amendment, by a recorded vote of 191 ayes to 235 noes, Roll No. 336.
  • Pursuant to the Rule, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115–10 shall be considered as an original bill for the purpose of amendment under the five-minute rule, in lieu of the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill.
  • Agreed to:
    • Sessions amendment (No. 1 printed in H. Rept. 115–179) that begins the tolling of the statute of limitations on the date of the alleged breach or tort, rather than the date of the injury, which is not always a date certain; the statute of limits will be three years after the alleged breach or one year after the claimant discovers the breach, whichever occurs first;
    • Sessions amendment (No. 2 printed in H. Rept. 115–179) that clarifies that health care services as defined in H.R. 1215 include safety, professional, and administrative services directly related to health care;
    • Roe (TN) amendment (No. 3 printed in H. Rept. 115–179) that limits who qualifies as an expert witness, in medical malpractice negligence cases, based on professional qualifications as well as geographic relation to where the case in chief is being litigated; and
    • Hudson amendment (No. 4 printed in H. Rept. 115–179) that allows a physician to apologize to a patient for an unintended outcome without having the apology count against them in the court of law; requires a plaintiff to provide a notice of intent to the physician 90 days before the lawsuit is filed; defers to sundry state laws regarding lawsuits and outlines requirements witnesses must meet for testimony during trial (by a recorded vote of 222 ayes to 197 noes, Roll No. 334).
  • Rejected:
    • Barr amendment (No. 5 printed in H. Rept. 115–179) that sought to give affirmative defense to defendants in health care liability cases if they can show they complied with clinical practice guidelines (by a recorded vote of 116 ayes to 310 noes, Roll No. 335).
  • H. Res. 382, the rule providing for consideration off the bill (H.R. 1215) was agreed to yesterday, June 27th.
  • Suspension--Proceedings Resumed:
    • The House agreed to suspend the rules and pass the following measure. Consideration began Tuesday, June 27th.
  • Robert Emmet Park Act of 2017:
    • H.R. 1500, to redesignate the small triangular property located in Washington, DC, and designated by the National Park Service as reservation 302 as ``Robert Emmet Park'', by a \2/3\ yea-and-nay vote of 423 yeas with none voting ``nay'', Roll No. 338.

 

Today

  • On Thursday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business. First votes expected: 1:30 p.m. – 2:30 p.m. Last votes expected: 4:30 p.m. – 5:30 p.m.
  • H.R. 3003 – No Sanctuary for Criminals Act (Closed Rule, One Hour of Debate) (Sponsored by Rep. Bob Goodlatte / Judiciary Committee)
  • H.R. 3004 – Kate’s Law (Closed Rule, One Hour of Debate) (Sponsored by Rep. Bob Goodlatte / Judiciary Committee)

 

Senate

 

Yesterday

  • Rao Nomination--Agreement:
    • Senate continued consideration of the nomination of Neomi Rao, of the District of Columbia, to be Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget.
  • A unanimous-consent agreement was reached providing for further consideration of the nomination at approximately 11 a.m., on Thursday, June 29, 2017, with the time until the vote on the motion to invoke cloture on the nomination equally divided between the two Leaders, or their designees.
  • Nye Nomination--Cloture:
    • Senate began consideration of the nomination of David C. Nye, of Idaho, to be United States District Judge for the District of Idaho.
  • A motion was entered to close further debate on the nomination, and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur upon disposition of the nomination of Neomi Rao, of the District of Columbia, to be Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget.

 

Today

  • The Senate stands adjourned until 11:00am on Thursday, June 29, 2017.
  • Following any Leader remarks, the Senate will proceed to Executive Session and resume consideration of Executive Calendar #154, Neomi Rao, of the District of Columbia, to be Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget.
  • Unless an agreement is reached, the cloture motion will ripen one hour after the Senate convenes, at approximately 12:00 noon.
  • 12:00 noon – 1 roll call vote
  • Motion to invoke cloture on Neomi Rao to be Administrator of the Office of Information and Regulatory Affairs, OMB

 

Hearings Covered by W&J Today

 

Senate Commerce
Markup of S. 1405, Federal Aviation Administration Reauthorization Act of 2017

House Ways and Means
Complexities and Challenges of Social Security Coverage and Payroll Tax Compliance for State and Local Governments

Senate Banking
Principles of Housing Finance Reform

House Natural Resources
Federal Land Oil/Gas Development

House Appropriations
Fiscal Year 2018 Financial Services and General Government

 

Notable Legislation Introduced

 

Cybersecurity

H.R.3101 — 115th Congress (2017-2018)
To enhance cybersecurity information sharing and coordination at ports in the United States, and for other purposes.
Sponsor: Rep. Torres, Norma J. [D-CA-35] (Introduced 06/28/2017) Cosponsors: (0)
Committees: House - Homeland Security, Transportation and Infrastructure
Latest Action: 06/28/2017 Referred to the Committee on Homeland Security, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the.

 

Energy

S.1465 — 115th Congress (2017-2018)
A bill to terminate the prohibitions on the exportation and importation of natural gas, and for other purposes.
Sponsor: Sen. Cassidy, Bill [R-LA] (Introduced 06/28/2017) Cosponsors: (0)
Committees: Senate - Energy and Natural Resources
Latest Action: 06/28/2017 Read twice and referred to the Committee on Energy and Natural Resources.

S.1460 — 115th Congress (2017-2018)
A bill to provide for the modernization of the energy and natural resources policies of the United States, and for other purposes.
Sponsor: Sen. Murkowski, Lisa [R-AK] (Introduced 06/28/2017) Cosponsors: (1)
Latest Action: 06/28/2017 Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

S.1455 — 115th Congress (2017-2018)
A bill to amend the United States Energy Storage Competitiveness Act of 2007 to direct the Secretary of Energy to establish new goals for the Department of Energy relating to energy storage and to carry out certain demonstration projects relating to energy storage.
Sponsor: Sen. Flake, Jeff [R-AZ] (Introduced 06/28/2017) Cosponsors: (1)
Committees: Senate - Energy and Natural Resources
Latest Action: 06/28/2017 Read twice and referred to the Committee on Energy and Natural Resources.

 

Financial Services

H.R.3100 — 115th Congress (2017-2018)
To require the President to develop a national strategy for combating the financing of terrorism and related forms of illicit finance, and for other purposes.
Sponsor: Rep. Sinema, Kyrsten [D-AZ-9] (Introduced 06/28/2017) Cosponsors: (11)
Committees: House - Financial Services
Latest Action: 06/28/2017 Referred to the House Committee on Financial Services.

H.R.3093 — 115th Congress (2017-2018)
To amend the Volcker Rule to permit certain investment advisers to share a similar name with a private equity fund, subject to certain restrictions, and for other purposes.
Sponsor: Rep. Capuano, Michael E. [D-MA-7] (Introduced 06/28/2017) Cosponsors: (4)
Committees: House - Financial Services
Latest Action: 06/28/2017 Referred to the House Committee on Financial Services.

S.1463 — 115th Congress (2017-2018)
A bill to amend the Financial Stability Act of 2010 to modify the term of the independent member of the Financial Stability Oversight Council.
Sponsor: Sen. Crapo, Mike [R-ID] (Introduced 06/28/2017) Cosponsors: (12)
Committees: Senate - Banking, Housing, and Urban Affairs
Latest Action: 06/28/2017 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

S.1454 — 115th Congress (2017-2018)
A bill to ensure that persons who form corporations in the United States disclose the beneficial owners of those corporations, in order to prevent the formation of corporations with hidden owners, stop the misuse of United States corporations by wrongdoers, and assist law enforcement in detecting, preventing, and punishing terrorism, money laundering, tax evasion, and other criminal and civil misconduct involving United States corporations, and for other purposes.
Sponsor: Sen. Whitehouse, Sheldon [D-RI] (Introduced 06/28/2017) Cosponsors: (2)
Committees: Senate - Judiciary
Latest Action: 06/28/2017 Read twice and referred to the Committee on the Judiciary.

 

Health

S.1462 — 115th Congress (2017-2018)
A bill to amend the Patient Protection and Affordable Care Act to improve cost sharing subsidies.
Sponsor: Sen. Shaheen, Jeanne [D-NH] (Introduced 06/28/2017) Cosponsors: (20)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: 06/28/2017 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

S.1453 — 115th Congress (2017-2018)
A bill to allow the Secretary of Health and Human Services to designate certain substance use disorder treatment facilities as eligible for National Health Service Corps service.
Sponsor: Sen. Donnelly, Joe [D-IN] (Introduced 06/28/2017) Cosponsors: (1)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: 06/28/2017 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

 

Transportation

S.1451 — 115th Congress (2017-2018)
A bill to facilitate and promote innovative approaches to railroad safety, and for other purposes.
Sponsor: Sen. Fischer, Deb [R-NE] (Introduced 06/28/2017) Cosponsors: (0)
Committees: Senate - Commerce, Science, and Transportation
Latest Action: 06/28/2017 Read twice and referred to the Committee on Commerce, Science, and Transportation.

 

PublicationsInsights on Current Policy Issues

  • May 16, 2017

    By Frank Vlossak

    On May 8, 2017, the Office of Management and Budget (OMB) issued a memorandum titled “Guidance for Section 2 of Executive Order 13783, titled ‘Promoting Energy Independence and Economic Growth’”. E.O. 13783 directs federal agencies to review, and potentially suspend, revise or repeal, existing regulations that “burden domestic energy production.”

     

    Read...

    Read More
  • April 19, 2017

    By Frank Vlossak

    On April 13, the Environmental Protection Agency (EPA) published a notice in the Federal Register soliciting public comments “on regulations that may be appropriate for repeal, replacement, or modification.” The notice is part of the EPA’s efforts to implement the Executive Order titled “Enforcing the Regulatory Reform Agenda” (E.O. 13777), which was signed by President Trump on February 24, 2017. The deadline for submitting public comments is May 15, 2017. EPA offices will also be conducting public forums on regulatory reform over the next four weeks. The Executive Order establishes mechanisms intended to reduce regulations, including by implementing the President’s January 30, 2017 Executive Order (E.O. 13771) which calls for agencies to eliminate two regulations for each new regulation they promulgate.

     

    Read...

    Read More
  • April 12, 2017

    By Frank Vlossak

    Congress enacted the “Congressional Review Act” (CRA) as part of the “Contract with America Advancement Act” (P.L. 104-121) in 1996 and it is codified at 5 U.S.C. 801-808. The CRA established an expedited process for Congress to repeal recently promulgated regulations through passage of joint resolutions signed into law by the President. As of April 7, the President has signed eleven CRA resolutions into law. The House and Senate have passed two more, which the President is expected to sign. Activity on CRA resolutions will begin to wind down as the statutory cut-off for action on resolutions to repeal final rules issued during the 114th Congress is expected to occur no later than early May.

     

    Read...

    Read More

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