Today’s Daily Update

The Senate will resume consideration of H.R.1735, NDAA. The House will continue consideration of H.R. 2577 – Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016.

House

 

Yesterday:

  • Commodity End-User Relief Act–Rule for Consideration: The House agreed to H. Res. 288, the rule providing for consideration of the bill (H.R. 2289) to reauthorize the Commodity Futures Trading Commission, to better protect futures customers, to provide end-users with market certainty, to make basic reforms to ensure transparency and accountability at the Commission, to help farmers, ranchers, and end-users manage risks, and to help keep consumer costs low, by a yea-and-nay vote of 243 yeas to 182 nays, Roll No. 274.
  • Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016: The House passed H.R. 2578, making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2016, by a yea-and-nay vote of 242 yeas to 183 nays, Roll No. 297. Consideration began yesterday, June 2.
    • Rejected the Brownley (CA) 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 yea-and-nay vote of 184 yeas to 240 nays, Roll No. 296.
    • Agreed to:
      • Bonamici amendment (No. 9 printed in the Congressional Record of June 1, 2015) that was debated on June 2nd that prohibits funds from being used by the Department of Justice to prevent a State from implementing its own State laws that authorize the use, distribution, possession, or cultivation of industrial hemp, as defined in section 7606 of the Agricultural Act of 2014 (by a recorded vote of 282 ayes to 146 noes, Roll No. 280);
      • Rohrabacher amendment that was debated on June 2nd that prohibits the use of funds by various states to prevent any of them from implementing their own laws that authorize the use, distribution, possessions, or cultivation of medical marijuana (by a recorded vote of 242 ayes to 186 noes, Roll No. 283);
      • Grayson amendment that was debated on June 2nd that prohibits the use of funds to compel a person to testify about information or sources that the person states in a motion to quash the subpoena that he has obtained as a journalist or reporter and that he regards as confidential (by a recorded vote of 245 ayes to 182 noes, Roll No. 284);
      • Perry amendment that was debated on June 2nd that prohibits the use of funds to take any action to prevent a State from implementing any law that makes it lawful to possess, distribute, or use cannabidiol oil (by a recorded vote of 297 ayes to 130 noes, Roll No. 286);
      • Garrett amendment that was debated on June 2nd that prohibits the use of funds to enforce the Fair Housing Act in a manner that relies upon an allegation of liability under section 100.500 of title 24, Code of Federal Regulations (by a recorded vote of 232 ayes to 196 noes, Roll No. 287);
      • Gosar amendment that prohibits the use of funds to carry out the Bureau of Alcohol, Tobacco, Firearms, and Explosive Special Advisory entitled ”Test, Examination and Classification of 7N6 5.45×39 Ammunition”, dated April 7, 2014;
      • Issa amendment that prohibits the use of funds to operate or disseminate a cell-site simulator or IMSI catcher in the United States except pursuant to a court order that identifies an individual, account, address, or personal device;
      • Duncan (SC) amendment that prohibits the use of funds to prosecute or hold liable any person or corporation for a violation of section 2(a) of the Migratory Bird Treaty Act;
      • King (IA) amendment that prohibits the use of funds to negotiate or finalize a trade agreement that includes provisions relating to visas issued under the Immigration and Nationality Act; also provides that the limitation described in the amendment shall not apply in the case of the administration of a tax or tariff (agreed by unanimous consent to withdraw the earlier request for a recorded vote to the end that the amendment stand adopted in accordance with the previous voice vote thereon);
      • Luetkemeyer amendment that prohibits the use of funds to carry out the program known as Operation Choke Point;
      • Massie amendment that prohibits the use of funds in contravention of section 7606 (Legitimacy of Industrial Hemp Research) of the Agricultural Act of 2014 by the Department of Justice or the Drug Enforcement Administration (by a recorded vote of 289 ayes to 132 noes, Roll No. 288);
      • Massie amendment that prohibits the use of funds to treat ammunition as armor piercing for purposes of chapter 44 of title 18, United States Code, except for ammunition designed and intended for use in a handgun (by a recorded vote of 250 ayes to 171 noes, Roll No. 289);
      • Massie amendment that prohibits the use of funds by the National Institute of Standards and Technology to consult with the National Security Agency or the CIA to alter cryptographic or computer standards, except to improve information security (by a recorded vote of 383 ayes to 43 noes, Roll No. 290);
      • Flores amendment that prohibits the use of funds to implement Executive Order 13547, relating to the stewardship of oceans, coasts, and the Great Lakes, including the National Ocean Policy developed under such Executive Order (by a recorded vote of 236 ayes to 190 noes, Roll No. 291);
      • King (IA) amendment (No. 3 printed in the Congressional Record of June 1, 2015) that prohibits funds from being used with respect to the case State of Texas v. United States of America (No. B-14-254 in the United States District Court for the Southern District of Texas and No. 15-40238 in the United States Court of Appeals for the Fifth Circuit) (by a recorded vote of 222 ayes to 204 noes, Roll No. 293);
      • King (IA) amendment that prohibits the use of State and Local Law Enforcement Assistance in contravention of the Immigration Reform and Immigrant Responsibility Act of 1996 (by a recorded vote of 227 ayes to 198 noes, Roll No. 294); and
      • Denham amendment that prohibits the use of funds for NOAA to implement in the California Central Valley Recovery Domain any existing recovery plan for salmon and steelhead populations listed under the Endangered Species Act of 1978 as threatened species or endangered species if that recovery plan does not address predation by non-native species (by a recorded vote of 245 ayes to 181 noes, Roll No. 295).
    • Rejected:
      • Pittenger amendment that was debated on June 2nd that sought to increase funding, by offset, for salaries and expenses of the FBI by $25,000,000 (by a recorded vote of 163 ayes to 263 noes, Roll No. 275);
      • Nadler amendment that was debated on June 2nd that sought to strike section 527 of the bill, which prohibits use of funds to transfer, release, or assist in the transfer or release to or within the U.S., its territories, or possessions Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the Armed Forces of the U.S. and is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by the Department of Defense (by a recorded vote of 170 ayes to 256 noes, Roll No. 276);
      • Farr amendment that was debated on June 2nd that sought to strike section 540 from the bill, which prohibits use of funds to facilitate, permit, license, or promote exports to the Cuban military or intelligence service or to any officer of the Cuban military or intelligence service, or an immediate family member thereof (by a recorded vote of 153 ayes to 273 noes, Roll No. 277);
      • Blackburn amendment (No. 1 printed in the Congressional Record of June 1, 2015) that was debated on June 2nd that sought to reduce amounts made available by 1 percent, except those amounts made available to the Federal Bureau of Investigation and certain accounts of the Department of Justice (by a recorded vote of 168 ayes to 257 noes, Roll No. 278);
      • Foster amendment that was debated on June 2nd that sought to prohibit the use of funds to fund any Experimental Program to Stimulate Competitive Research (EPSCoR) program (by a recorded vote of 195 ayes to 232 noes, Roll No. 279);
      • Ellison amendment that was debated on June 2nd that sought to prohibit the use of funds by the Department of Justice in violation of the Fifth and Fourteenth Amendments to the United States Constitution; or to repeal the guidance provided in the memorandum issued by the Attorney General on March 31, 2015 (by a recorded vote of 184 ayes to 244 noes, Roll No. 281);
      • Grayson amendment that was debated on June 2nd that sought to prohibit the use of funds to negotiate or enter into a trade agreement whose negotiating texts are confidential (by a recorded vote of 27 ayes to 399 noes with one answering ”present”, Roll No. 282);
      • McClintock amendment that was debated on June 2nd that sought to prohibit the use of funds by various states to prevent any of them from implementing their own laws that authorize the use, distribution, possessions, or cultivation of marijuana on non-Federal lands within their respective jurisdictions (by a recorded vote of 206 ayes to 222 noes, Roll. No. 285); and
      • Sanford amendment that sought to reduce funding in the bill by 2.48 percent across-the-board (bya recorded vote of 134 ayes to 290 noes, RollNo. 292).
    • Withdrawn:
      • Flores amendment that was offered and subsequently withdrawn that would have prohibited the use of funds for further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547; and
      • Jeffries amendment that was offered and subsequently withdrawn that would have prohibited the use of funds for the monitoring or review of electronic communications between and inmate and attorney or attorney’s agents who are traditionally covered by attorney client privilege except in specified instances.
    • Point of Order sustained against:
      • Lamborn amendment that sought to prohibit the use of funds to collect information about individuals attending gun shows, by means of an automatic license plate reader, or to retain any information so collected.
      • H. Res. 287, the rule providing for consideration of the bills (H.R. 2577) and (H.R. 2578) was agreed to yesterday, June 2nd.
  • Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016: The House began consideration of H.R. 2577, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2016. Consideration is expected to resume tomorrow, June 4.
    • Agreed to:
      • Dent amendment that increases funding, by offset, for Capital and Debt Service Grants to the National Railroad Passenger Corporation for the purpose of installing inward facing cameras in locomotives, by $9,000,000;
      • Bustos amendment that increases funding, by offset, for the Pipeline and Hazardous Materials Safety Administration, by $500,000;
      • Meehan amendment that increases funding, by offset, for the Federal Railroad Administration Safety and Operations, by $3,500,000;
      • Burgess amendment that increases funding, by offset, for National Highway Traffic Safety Administration Operations and Research by $4,000,000;
      • LoBiondo amendment that increases funding, by offset, for Facilities and Equipment, Airport and Airway Trust Fund, by $3,000,000;
      • Bridenstine amendment that increases funding, by offset, for Federal Aviation Administration Operations Airport and Airway Trust Fund for commercial space transportation activities, by $250,000;
      • Gosar amendment that increases funding, by offset, for the National Railroad Passenger Corporation Office of Inspector General Salaries and Expenses, by $500,000;
      • Titus amendment that redirects $1,000,000 in funding within the Operating Grants to the National Railroad Passenger Corporation;
      • Langevin amendment that increases funding, by offset, for Technical Assistance and Training, by $2,000,000;
      • Capps amendment that adds a new proviso that not less than $1,000,000 of the funds provided under this heading shall be for the finalization and implementation of rules required under section 60102(n) of title 49, United States Code, and section 8(b)(3) of the Pipeline Safety, Regulatory Certainity, and Job Creation Act of 2011;
      • Nadler amendment that increases funding, by offset, for Community Planning and Development, Housing Opportunities for persons with AIDS, by $3,000,000;
      • Grayson amendment that increases funding, by offset, for Housing for the Elderly, by $2,500,000;
      • Stivers amendment that redirects $28,375,000 in funding within the Fair Housing and Equal Opportunity account;
      • Grayson amendment that increases funding for the Fair Housing and Equal Opportunity by $150,000;
      • Grayson amendment that prohibits the use of funds to enter into contracts with entities who have been convicted of fraud;
      • Fitzpatrick amendment that prohibits the use of funds in contravention of section 121.584 of title 14, Code of Federal Regulations; and
      • Grayson amendment that prohibits the use of funds to make incentive payments pursuant to 48 CFR 16.4 to contractors for contracts that are behind schedule under the terms of the contract as prescribed by 48 CFR 52.211 or over the contract amount indicated in Standard Form 33, box 20.
    • Rejected:
      • Dold amendment that sought to remove language in the bill which allows the Secretary to increase the Federal share of costs above 80 percent for projects in rural areas;
      • Dold amendment that sought to increase funding, by offset, for Capital and Debt Service Grants to the National Railroad Passenger Corporation, by $290,000,000;
      • Dold amendment that sought to increases funding, by offset, for Capital Investment Grants, by $200,000,000;
      • Grothman amendment that sought to reduce funding for the Capital Investment Grants by $230,000,000 and apply the savings to the spending reduction account; and
      • Grothman amendment that sought to reduce funding for the Public and Indian Housing Programs by $614,000,000 and to apply the savings to the spending reduction account.
    • Withdrawn:
      • Lynch amendment that was offered and subsequently withdrawn that would have increased funding, by offset, for Federal Railroad Administration Safety and Operations, by $25,000,000;
      • Mica amendment (No. 5 printed in the Congressional Record of June 2, 2015) that was offered and subsequently withdrawn that would have struck the proviso that the Secretary, in order to ensure safety throughout the rail system, may waive the requirements of section 601(e)(1) of title VI of Public Law 110-432; and
      • Al Green (TX) amendment that was offered and subsequently withdrawn that would have increased funding for Renewals of Expiring Section 8 tenant-based annual contributions contracts under Public and Indian Housing Programs by $75,000,000.
    • Point of Order sustained against:
      • Waters amendment that sought to increase funding for National Infrastructure Investments (TIGER Grants) by $1,150,000,000;
      • Waters amendment that sought to increase funding for National Infrastructure Investments (TIGER Grants) by $400,000,000;
      • Corrine Brown (FL) amendment that sought to increase funding for Capital and Debt Service Grants to the National Railroad Passenger Corporation by $861,500,000;
      • Connolly amendment that sought to increase funding for the Grants to the Washington Metropolitan Area Transit Authority by $50,000,000;
      • Norton amendment that sought to increase the funding for the Public and Indian Housing Programs Tenant-Based Rental Assistance by $512,000,000;
      • Nadler amendment that sought to make various increases in the Public and Indian Housing Programs Tenant-Based Rental Assistance; and
      • Al Green (TX) amendment that sought to increase funding for the Community Planning and Development-HOME Investment Partnerships by $293,000,000 and strike the last two provisos in the Community Planning and Development-HOME Investment Partnerships Program.
    • Proceedings Postponed:
      • McClintock amendment that seeks to zero out the funding for Payments to Air Carriers and apply the savings of $155,000,000 to the spending reduction account;
      • Walberg amendment that seeks to strike section 102 from the bill which allows the Secretary or his designee to engage in activities with States and State legislators to consider proposals related to the reduction of motorcycle fatalities;
      • Esty amendment that seeks to increase funding, by offset, for the Federal Railroad Administration, by $3,000,000;
      • Cartwright amendment that seeks to strike section 134 of the bill, which prohibits the use of funds to develop, issue, or implement any regulation that increase level of minimum financial responsibility for transporting passengers or property as in effect on January 1, 2014;
      • Garrett amendment that seeks to increase funding, by offset, for the Federal Railroad Administration by $16,930,000;
      • Brooks (AL) amendment that seeks to strike the paragraph providing funding for Operating Grants to the National Railroad Passenger Corporation;
      • Brooks (AL) amendment that seeks to strike the paragraph providing funding for Capital and Debt Service Grants to the National Railroad Passenger Corporation;
      • Capps amendment that seeks to increase funding in the Pipeline Safety Oil Spill Liability Trust Fund by $27,604,000; and
      • Stivers amendment that seeks to prohibit the use of funds for the Private Enforcement Initiative of the Fair Housing Initiatives Program under section 561(b) of the Housing and Community Development Act of 1987.
  • H. Res. 287, the rule providing for consideration of the bills (H.R. 2577) and (H.R. 2578) was agreed to yesterday, June 2nd.

Today:

  • On Thursday, 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.
  • Continue Consideration of H.R. 2577 – Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 (Modified Open Rule) (Sponsored by Rep. Mario Diaz-Balart / 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. Tom McClintock Amendment
      • Rep. Tim Walberg Amendment
      • Rep. Elizabeth Esty Amendment
      • Rep. Matt Cartwright Amendment
      • Rep. Scott Garrett Amendment
      • Rep. Mo Brooks Amendment #1
      • Rep. Mo Brooks Amendment #2
      • Rep. Lois Capps Amendment
      • Rep. Steve Stivers Amendment

 

Senate

 

Yesterday:

  • Measures Considered:
  • National Defense Authorization Act–Agreement: Senate began consideration of H.R. 1735, to authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, taking action on the following amendments proposed thereto:
    • Pending:
      • McCain Amendment No. 1463, in the nature of a substitute.
      • McCain Amendment No. 1456 (to Amendment No. 1463), to require additional information supporting long-range plans for construction of naval vessels.
      • Reed Amendment No. 1521 (to Amendment No. 1463), to limit the availability of amounts authorized to be appropriated for overseas contingency operations pending relief from the spending limits under the Budget Control Act of 2011.
      • Portman Amendment No. 1522 (to Amendment No. 1463), to provide additional amounts for procurement and for research, development, test, and evaluation for Stryker Lethality Upgrades, and to provide an offset.
      • Reed (for Bennet) Amendment No. 1540 (to Amendment No. 1463), to require the Comptroller General of the United States to brief and submit a report to Congress on the administration and oversight by the Department of Veterans Affairs of contracts for the design and construction of major medical facility projects.
      • Cornyn Amendment No. 1486 (to Amendment No. 1463), to require reporting on energy security issues involving Europe and the Russian Federation, and to express the sense of Congress regarding ways the United States could help vulnerable allies and partners with energy security.
      • Reed (for Shaheen) Amendment No. 1494 (to Amendment No. 1463), to revise the definition of spouse for purposes of veterans benefits in recognition of new State definitions of spouse.
      • Tillis Amendment No. 1506 (to Amendment No. 1463), to provide for the stationing of C-130 H aircraft avionics previously modified by the Avionics Modernization Program (AMP) in support of daily training and contingency requirements for Airborne and Special Operations Forces.
    • A unanimous-consent-time agreement was reached providing for further consideration of the bill at approximately 9:30 a.m., on Thursday, June 4, 2015, that there be 30 minutes equally divided in the usual form on the following amendments, and that following the use or yielding back of time, Senate vote on or in relation to the amendments in the order listed: Portman Amendment No. 1522 (to Amendment No. 1463) (listed above), and Reed (for Bennet) Amendment No. 1540 (to Amendment No. 1463) (listed above); and that there be no second-degree amendments in order to any of these amendments prior to the votes.

Today:

  • The Senate stands adjourned until 9:30am on Thursday, June 4, 2015.
  • Following any Leader remarks, the Senate will resume consideration of H.R.1735, NDAA, with 30 minutes of debate equally divided on Portman amendment #1522 and Bennet amendment #1540. Upon the use or yielding back of time, the Senate will vote in relation to the amendments.
  • Approximately 10:15am – Up to 2 roll call votes:
    • Portman SA #1522 (Stryker Lethality Upgrades)
    • Bennet SA #1540 (major medical facility projects)

 

Hearings Covered by W&J Today

 

House Science, Space and Technology Committee
“EPA Regulatory Overreach: Impacts on American Competitiveness”

Senate Judiciary Committee
S 1137 — Protecting American Talent and Entrepreneurship Act

Senate Banking, Housing & Urban Affairs Committee
“Oversight of the Export-Import Bank of the United States”

House Energy and Commerce Committee
“Discussion Draft on Accountability and Department of Energy Perspectives on Title IV: Energy Efficiency”

 

Notable Legislation Introduced

 

ENERGY

H.R.2630 : To amend the Gulf of Mexico Energy Security Act of 2006 to extend the moratorium on oil and gas leasing and related activities in certain areas of the Gulf of Mexico.
Sponsor: Rep Jolly, David W. [FL-13] (introduced 6/3/2015) Cosponsors (1)
Committees: House Natural Resources
Latest Major Action: 6/3/2015 Referred to House committee. Status: Referred to the House Committee on Natural Resources.

FINANCIAL SERVICES

H.R.2625 : To amend the Federal Reserve Act to reform the Federal Reserve System.
Sponsor: Rep Garrett, Scott [NJ-5] (introduced 6/3/2015) Cosponsors (1)
Committees: House Financial Services; House Rules; House Oversight and Government Reform
Latest Major Action: 6/3/2015 Referred to House committee. Status: Referred to the Committee on Financial Services, and in addition to the Committees on Rules, and Oversight and Government Reform, 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 committee concerned.

H.R.2642 : To provide sensible relief to community financial institutions, to protect consumers, and for other purposes.
Sponsor: Rep Waters, Maxine [CA-43] (introduced 6/3/2015) Cosponsors (25)
Committees: House Financial Services
Latest Major Action: 6/3/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.2643 : To direct the Attorney General to provide State officials with access to criminal history information with respect to certain financial service providers required to undergo State criminal background checks, and for other purposes.
Sponsor: Rep Williams, Roger [TX-25] (introduced 6/3/2015) Cosponsors (8)
Committees: House Financial Services; House Judiciary
Latest Major Action: 6/3/2015 Referred to House committee. Status: Referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary, 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 committee concerned.

S.1491 : A bill to provide sensible relief to community financial institutions, to protect consumers, and for other purposes.
Sponsor: Sen Brown, Sherrod [OH] (introduced 6/3/2015) Cosponsors (9)
Committees: Senate Banking, Housing, and Urban Affairs
Latest Major Action: 6/3/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

HEALTH

H.R.2623 : To reduce prescription drug costs by allowing the importation and reimportation of certain drugs.
Sponsor: Rep Ellison, Keith [MN-5] (introduced 6/3/2015) Cosponsors (3)
Committees: House Energy and Commerce
Latest Major Action: 6/3/2015 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.2624 : To amend title XVIII of the Social Security Act to allow for fair application of the exceptions process for drugs in tiers in formularies in prescription drug plans under Medicare part D, and for other purposes.
Sponsor: Rep Johnson, Henry C. “Hank,” Jr. [GA-4] (introduced 6/3/2015) Cosponsors (1)
Committees: House Energy and Commerce; House Ways and Means
Latest Major Action: 6/3/2015 Referred to House committee. Status: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 committee concerned.

H.R.2629 : To amend the Federal Food, Drug, and Cosmetic Act with respect to the approval of certain antibacterial and antifungal drugs, and for other purposes.
Sponsor: Rep Shimkus, John [IL-15] (introduced 6/3/2015) Cosponsors (1)
Committees: House Energy and Commerce
Latest Major Action: 6/3/2015 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

S.1488 : A bill to amend title XVIII of the Social Security Act to allow for fair application of the exceptions process for drugs in tiers in formularies in prescription drug plans under Medicare part D.
Sponsor: Sen Nelson, Bill [FL] (introduced 6/3/2015) Cosponsors (1)
Committees: Senate Finance
Latest Major Action: 6/3/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TAX

H.R.2640 : To amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for discharge of consumer indebtedness.
Sponsor: Rep Peters, Scott H. [CA-52] (introduced 6/3/2015) Cosponsors (1)
Committees: House Ways and Means
Latest Major Action: 6/3/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

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