Today’s Daily Update

The House will complete consideration of the Energy and Water Development and Related Agencies Appropriations Act, 2016.

House

 

Yesterday:

  • Energy and Water Development and Related Agencies Appropriations Act, 2016: The House continued consideration of H.R. 2028, making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2016. Consideration is expected to resume tomorrow, May 1.
    • Agreed to:
      • Jackson Lee amendment that redirects $1,000,000 in funding within the Departmental Administration account;
      • Fortenberry amendment that increases, by offset, funding for Defense Nuclear Non-Proliferation by $13,802,000;
      • Langevin amendment that increases the funding for the Naval Reactor account by $2,426,000 and reduces funding for the Federal Salaries and Expenses by $2,500,000;
      • McKinley amendment that prohibits the use of the funds to transform the National Energy Technology Laboratory into a government-owned, contractor-operated laboratory, or to consolidate or close the National Energy Technology Laboratory;
      • Babin amendment (No. 3 printed in the Congressional Record of April 27, 2015) that prohibits the use of funds under the heading ”Defense Nuclear Nonproliferation” from being made available to enter into new contracts with, or new agreements for Federal assistance to the Islamic Republic of Iran except for contracts or agreements that require the Islamic Republic of Iran to cease the pursuit, acquisition, and development of nuclear weapons technology;
      • Engel amendment (No. 7 printed in the Congressional Record of April 29, 2015) that prohibits the use of funds to lease or purchase new light duty vehicles for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum;
      • Dent amendment that prohibits the use of funds by the Department of Energy to finalize, implement, or enforce the proposed rule entitled ”Standard Ceiling Fans and Ceiling Fan Light Kits”;
      • Napolitano amendment that prohibits the use of funds in contravention of section 2101 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238b) or section 210 of the Water Resources Development Act of 1986;
      • Stivers amendment that prohibits the use of funds for the Cape Wind Energy Project on the Outer Continental Shelf off Massachusetts, Nantucket Sound;
      • Burgess amendment that prohibits the use of funds to implement or enforce the standards established by tables contained in section 325(i)(1)(B) of the Energy Policy and Conservation Act with respect to BPAR incandescent reflector lamps, BR incandescent reflector lamps, and ER incandescent reflector lamps (by a recorded vote of ayes and noes, Roll No. 207);
      • Barton amendment that increases, by offset, funding for the Assistant Secretary of the Army for Civil Works by $30,000,000;
      • Abraham amendment that prohibits the use of funds to implement Executive Order 13690 and Federal Flood Risk Management Standard;
      • Jackson Lee amendment that prohibits the use of funds in contravention of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.);
      • DelBene amendment that prohibits the use of funds for the purchase of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are procured from a manufacturer that is part of the national technology and industrial base;
      • Gosar amendment that prohibits the use of funds for the removal of any Federally owned or operated dam;
      • Grayson amendment that prohibits the use of funds to enter into contracts with individuals convicted of fraud;
      • Blackburn amendment (No. 13 printed in the Congressional Record of April 29, 2015) that prohibits the use of funds to finalize, promulgate, or enforce the DOE’s proposed rule entitled ”Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnaces”; and
      • Luetkemeyer amendment (No. 16 printed in the Congressional Record of April 29, 2015) that prohibits the use of funds for the Missouri River Ecosystem Restoration Program (MRERP).
    • Rejected:
      • Heck (NV) amendment that sought to increase funding for Nuclear Energy by $75,000,000 and to zero out funding for Nuclear Waste Disposal;
      • Titus amendment that sought to reduce funding for Nuclear Waste Disposal by $150,000,000 and apply the savings to the spending reduction account;
      • Garamendi amendment that sought to reduce funds for Defense Nuclear Non-Proliferation by $125,000,000 and increase funds for Environmental and other Defense activities, Defense Environmental clean up by the same amount;
      • McClintock amendment that sought to reduce funding for sundry accounts and to apply the aggregate savings of $128,920,000 to the spending reduction account (by a recorded vote of 126 ayes to 295 noes, Roll No. 195);
      • Ruiz amendment that sought to increase funding for Water and Related Resources by $5,000,000 and to reduce funding for Fossil Energy Research and Development by $2,000,000 (by a recorded vote of 172 ayes to 249 noes, Roll No. 196);
      • Griffith amendment that sought to increase funding for Fossil Energy Research and Development by $5,000,000 and to reduce funding for Energy Efficiency and Renewable Energy by a similar amount (by a recorded vote of 177 ayes to 244 noes, Roll No. 197);
      • Swalwell (CA) amendment that sought to increase funding for Energy Efficiency and Renewable Energy by $25,500,000 and to reduce funding for Fossil Energy by $34,000,000 (by a recorded vote of 173 ayes to 248 noes, Roll No. 198);
      • Byrne amendment that sought to zero out funding for Energy Efficiency and Renewable Energy and to apply the savings of $1,657,774,000 to the spending reduction account (by a recorded vote of 139 ayes to 282 noes, Roll No. 199);
      • McClintock amendment that sought to zero out funding for Energy Efficiency and Renewable Energy, reduce Nuclear Energy by $691,886,000, and zero out funding for Fossil Energy and to apply the aggregate savings of $2,954,660,000 to the spending reduction account (by a recorded vote of 110 ayes to 311 noes, Roll No. 200);
      • Ellison amendment that sought to reduce funding for Fossil Energy Research and Development by $45,000,000 and apply the savings to the spending reduction account (by a recorded vote of 175 ayes to 246 noes, Roll No. 201);
      • Swalwell (CA) amendment that sought to increase funding for Advanced Research Projects Agency–Energy (ARPA-E) by $20,000,000 and reduce funding for Departmental Administration by a similar amount (by a recorded vote of 202 ayes to 219 noes, Roll No. 202);
      • Quigley amendment that sought to apply $167,050,000 to the savings reduction account for the new nuclear arm cruise missile (by a recorded vote of 164 ayes to 257 noes, Roll No. 203);
      • Garamendi amendment that sought to reduce the Atomic Energy Defense Activities National Nuclear Security Administration, Weapons Activities Account by $25,000,000 and apply the savings to the spending reduction account (by a recorded vote of 149 ayes to 272 noes, Roll No. 204);
      • Hudson amendment that sought to reduce funds in the bill by 11.1208 percent except for National Nuclear Security Administration, Environmental and Defense Activities, and Defense Nuclear Facilities Safety Board (by a recorded vote of 143 ayes to 278 noes, Roll No. 205);
      • Sanford amendment that sought to zero out the funding for the Advanced Technology Vehicles Manufacturing Loan Program and to prohibit the use of funds to provide a loan under the Energy Independence and Security Act of 2007 (by a recorded vote of 171 ayes to 250 noes, Roll No. 206); and
      • Castro amendment that sought to prohibit the use of funds in excess of $276,117,000 for additional funding for ongoing work on Flood and Storm Damage Reduction projects.
    • Withdrawn:
      • Flores amendment that was offered and subsequently withdrawn that would have increased funding for Science by $2,500,000 and reduced funding for Salaries and Expenses of the Nuclear Regulatory Commission by $25,000,000; and
      • Foster amendment that was offered and subsequently withdrawn that would have increased funding for Science Activities by $239,749,000 and reduced funding for National Nuclear Security Weapons Activities by a similar amount.
    • Point of Order sustained against:
      • Babin amendment (No. 4 printed in the Congressional Record of April 27, 2015) that sought to prohibit the use of funds under the heading ”Defense Nuclear Nonproliferation” from being used to enter into new contracts with, or new agreements for Federal assistance to the Islamic Republic of Iran except for contracts or agreements that include authority for the International Atomic Energy Agency to conduct anytime, anywhere inspections of civil and military sites within the Islamic Republic of Iran; and
      • Cleaver amendment that sought to provide that total project costs in section 902 of the Water Resources Development Act of 1986 shall not apply with respect to any project that receives funds made available by title I of this Act.
    • Proceedings Postponed:
      • Rothfus (No. 5 printed in the Congressional Record of April 29, 2015) that seeks to prohibit use of funds to apply the report entitled ”Life Cycle Greenhouse Gas Perspective on Exporting Liquified Natural Gas from the United States” in any public interest determination under the Natural Gas Act;
      • Gosar (No. 10 printed in the Congressional Record of April 29, 2015) that seeks to prohibit the use of funds for the Department of Energy’s Climate Model Development and Validation program;
      • Blackburn (No. 12 printed in the Congressional Record of April 29, 2015) that seeks to reduce funding in the bill by 1 percent across-the-board;
      • McClintock that seeks to prohibit the use of funds for the purchase of water to supplement or enhance instream water flow requirements in California;
      • LaMalfa that seeks to prohibit the use of funds to implement, administer, or enforce the requirement in the Code of Federal Regulations, that activities identified in the Federal Water Pollution Control Act must be established or ongoing in order to receive an exemption under the Act; and
      • LaMalfa that seeks to prohibit use of funds to deliver water to the Trinity River above the minimum requirements of the Trinity Record of Decision or to supplement flows in the Klamath River.
  • H. Res. 223, the rule providing for consideration of the bills (H.R. 2028) and (H.R. 2029) was agreed to yesterday, April 29th.
  • Recess: The House recessed at 5:26 p.m. and reconvened at 5:40 p.m.
  • Congressional Budget Resolution FY 2016: The House agreed to the conference report to accompany S. Con. Res. 11, setting forth the congressional budget for the United States Government for fiscal year 2016 and setting forth the appropriate budgetary levels for fiscal years 2017 through 2025, by a yea-and-nay vote of 226 yeas to 197 nays, Roll No. 183.
  • H. Res. 231, the rule providing for consideration of the bill (H.R. 1732), the conference report to accompany the concurrent resolution (S. Con. Res. 11), and the joint resolution (H.J. Res. 43) was agreed to by a recorded vote of 242 ayes to 181 noes, Roll No. 181, after the previous question was ordered by a yea-and-nay vote of 241 yeas to 181 nays, Roll No. 180.
  • A point of order was raised against the consideration of H. Res. 231 and it was agreed to proceed with consideration of the resolution by a yea-and-nay vote of 240 yeas 174 nays, Roll No. 179.
  • Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2016: The House passed H.R. 2029, making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2016, by a yea-and-nay vote of 255 yeas to 163 nays, Roll No. 193. Consideration began yesterday, April 29th.
    • Rejected the Kirkpatrick motion to recommit the bill to the Committee on Appropriations with instructions to report the same back to the House forthwith with an amendment, by a recorded vote of 181 ayes to 236 noes, Roll No. 192.
    • Rejected:
      • Van Hollen amendment that was debated on April 29th that sought to strike the pending paragraph pertaining to the Military Construction, Navy and Marine Corps (by a recorded vote of 191 ayes to 229 noes with one answering ”present”, Roll No. 184);
      • Mulvaney amendment that was debated on April 29th that sought to strike the pending paragraph pertaining to the Military Construction, Air Force (by a recorded vote of 192 ayes to 229 noes with one answering ”present”, Roll No. 185);
      • Mulvaney amendment that was debated on April 29th that sought to strike the pending paragraph pertaining to the Military Construction, Defense-Wide (by a recorded vote of 190 ayes to 231 noes with one answering ”present”, Roll No. 186);
      • Nadler amendment that was debated on April 29th that sought to strike section 512 from the bill pertaining to the United States Naval Station, Guantanamo Bay, Cuba (by a recorded vote of 167 ayes to 254 noes, Roll No. 187);
      • Blumenauer amendment that was debated on April 29th that sought to prohibit the use of funds to implement, administer, or enforce Veterans Health Administration directive 2011-004 with respect to the prohibition on ”VA providers for completing forms seeking recommendations or opinions regarding a Veteran’s participation in a State marijuana program” (by a recorded vote of 210 ayes to 213 noes, Roll No. 188);
      • Pocan amendment that was debated on April 29th that sought to prohibit the use of funds to enter into a contract with any person whose disclosures of a proceeding with a disposition listed in the Federal Awardee Performance and Integrity Information System include the term ”Fair Labor Standards Act” (by a recorded vote of 186 ayes to 237 noes, Roll No. 189);
      • Hice (GA) amendment that was debated on April 29th that sought to prohibit the use of funds to pay a Federal Employee for any period of time during which such employee is using official time under U.S. Code (by a recorded vote of 190 ayes to 232 noes, Roll No. 190); and
      • King (IA) amendment (No. 3 printed in the Congressional Record of April 28, 2015) that was debated on April 29th that sought to prohibit the use of funds to implement, administer, or enforce the prevailing wage requirements under what is commonly known as the Davis-Bacon Act (by a recorded vote of 186 ayes to 235 noes, Roll No. 191).
  • H. Res. 223, the rule providing for consideration of the bills (H.R. 2028) and (H.R. 2029) was agreed to yesterday, April 29th.
  • Disapproving the action of the District of Columbia Council in approving the Reproductive Health Non-Discrimination Amendment Act of 2014: The House passed H.J. Res. 43, disapproving the action of the District of Columbia Council in approving the Reproductive Health Non-Discrimination Amendment Act of 2014, by a yea-and-nay vote of 228 yeas to 192 nays, Roll No. 194.
  • H. Res. 231, the rule providing for consideration of the bill (H.R. 1732), the conference report to accompany the concurrent resolution (S. Con. Res. 11), and the joint resolution (H.J. Res. 43) was agreed to by a recorded vote of 242 ayes to 181 noes, after the previous question was ordered by a yea-and-nay vote of 241 yeas to 181 nays, Roll No. 180.
  • A point of order was raised against the consideration of H. Res. 231 and it was agreed to proceed with consideration of the resolution by a yea-and-nay vote of 240 yeas 174 nays, Roll No. 179.

Today:

  • On Friday, the House will meet at 9:00 a.m. for legislative business. First and last votes expected: 11:00 a.m.-12:00 p.m.
  • Complete Consideration of H.R. 2028 – Energy and Water Development and Related Agencies Appropriations Act, 2016 (Modified Open Rule)(Sponsored by Rep. Mike Simpson / Appropriations Committee)
    • The Rule provides for no further general debate and makes in order any amendment offered that complies with the House rules. Additionally, the Rule provides for 10 minutes of debate per amendment equally divided between the proponent and an opponent and up to 10 pro forma amendments for the purpose of debate offered by the Chair and Ranking Member or their designee.
    • Postponed Amendment Votes:
      • Rep. Keith Rothfus Amendment
      • Rep. Paul Gosar Amendment
      • Rep. Marsha Blackburn Amendment
      • Rep. Tom McClintock Amendment
      • Rep. Doug LaMalfa Amendment #1
      • Rep. Doug LaMalfa Amendment #2

 

Senate

 

Yesterday:

  • Measures Considered:
  • Protecting Volunteer Firefighters and Emergency Responders Act: Senate continued consideration of H.R. 1191, to amend the Internal Revenue Code of 1986 to ensure that emergency services volunteers are not taken into account as employees under the shared responsibility requirements contained in the Patient Protection and Affordable Care Act, taking action on the following amendments proposed thereto:
    • Pending:
      • Corker/Cardin Amendment No. 1140, in the nature of a substitute.
      • Corker/Cardin Amendment No. 1179 (to Amendment No. 1140), to require submission of all Persian text included in the agreement.
      • Blunt Amendment No. 1155 (to Amendment No. 1140), to extend the requirement for annual Department of Defense reports on the military power of Iran.
      • Vitter Modified Amendment No. 1186 (to Amendment No. 1179), to require an assessment of inadequacies in the international monitoring and verification system as they relate to a nuclear agreement with Iran.
      • Cotton Amendment No. 1197 (to the language proposed to be stricken by Amendment No. 1140), of a perfecting nature.
      • Cotton (for Rubio) Amendment No. 1198 (to Amendment No. 1197), to require a certification that Iran’s leaders have publically accepted Israel’s right to exist as a Jewish state.
  • Veto Messages:
  • National Labor Relations Board Veto Message–Agreement: Senate began consideration of the veto message to accompany S.J. Res. 8, providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation case procedures.
  • A unanimous-consent agreement was reached providing that at approximately 3 p.m., on Monday, May 4, 2015, Senate resume consideration of the veto message to accompany the joint resolution.

Today:

  • The Senate is not in session.

 

Hearings Covered by W&J Today

 

House Energy & Commerce Committee
“What is the Federal Government Doing to Combat the Opioid Abuse Epidemic?”

House Financial Services Committee
“Oversight of the Financial Industry Regulatory Authority”

 

Notable Legislation Introduced

 

CYBERSECURITY

S.1158 : A bill to ensure the privacy and security of sensitive personal information, to prevent and mitigate identity theft, to provide notice of security breaches involving sensitive personal information, and to enhance law enforcement assistance and other protections against security breaches, fraudulent access, and misuse of personal information.
Sponsor: Sen Leahy, Patrick J. [VT] (introduced 4/30/2015) Cosponsors (5)
Committees: Senate Judiciary
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.

ENERGY

S.1140 : A bill to require the Secretary of the Army and the Administrator of the Environmental Protection Agency to propose a regulation revising the definition of the term “waters of the United States”, and for other purposes.
Sponsor: Sen Barrasso, John [WY] (introduced 4/30/2015) Cosponsors (12)
Committees: Senate Environment and Public Works
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Environment and Public Works.

S.1155 : A bill to promote the mapping and development of United States geothermal resources by establishing a direct loan program for high risk geothermal exploration wells, to amend the Energy Independence and Security Act of 2007 to improve geothermal energy technology and demonstrate the use of geothermal energy in large scale thermal applications, and for other purposes.
Sponsor: Sen Tester, Jon [MT] (introduced 4/30/2015) Cosponsors (None)
Committees: Senate Energy and Natural Resources
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Energy and Natural Resources.

S.1171 : A bill to establish a moratorium on oil and gas-related seismic activities off the coastline of the State of Florida, and for other purposes.
Sponsor: Sen Nelson, Bill [FL] (introduced 4/30/2015) Cosponsors (None)
Committees: Senate Energy and Natural Resources
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Energy and Natural Resources.

FINANCIAL SERVICES

S.1152 : A bill to make permanent the extended period of protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction, and for other purposes.
Sponsor: Sen Whitehouse, Sheldon [RI] (introduced 4/30/2015) Cosponsors (None)
Committees: Senate Veterans’ Affairs
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Veterans’ Affairs.

S.1156 : A bill to amend title 11, United States Code, to improve protections for employees and retirees in business bankruptcies.
Sponsor: Sen Durbin, Richard [IL] (introduced 4/30/2015) Cosponsors (3)
Committees: Senate Judiciary
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.

HEALTH

S.1149 : A bill to amend title XVIII of the Social Security Act to require reporting of certain data by providers and suppliers of air ambulance services for purposes of reforming reimbursements for such services under the Medicare program, and for other purposes.
Sponsor: Sen Vitter, David [LA] (introduced 4/30/2015) Cosponsors (3)
Committees: Senate Finance
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

S.1168 : A bill to amend title XVIII of the Social Security Act to preserve access to rehabilitation innovation centers under the Medicare program.
Sponsor: Sen Kirk, Mark Steven [IL] (introduced 4/30/2015) Cosponsors (1)
Committees: Senate Finance
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TAX

S.1141 : A bill to amend the Internal Revenue Code of 1986 to provide tax incentives for small businesses.
Sponsor: Sen Collins, Susan M. [ME] (introduced 4/30/2015) Cosponsors (1)
Committees: Senate Finance
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

S.1159 : A bill to amend the Internal Revenue Code of 1986 to expand tax-free distributions from individual retirement accounts for charitable purposes.
Sponsor: Sen Schumer, Charles E. [NY] (introduced 4/30/2015) Cosponsors (3)
Committees: Senate Finance
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TRANSPORTATION

S.1175 : A bill to improve the safety of hazardous materials rail transportation, and for other purposes.
Sponsor: Sen Wyden, Ron [OR] (introduced 4/30/2015) Cosponsors (7)
Committees: Senate Finance
Latest Major Action: 4/30/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

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