Today’s Daily Update

The House will begin consideration of H.R. 2685 – Department of Defense Appropriations Act, 2016. The Senate will resume consideration of H.R.1735, NDAA.

House

 

Yesterday:

  • Suspensions: The House agreed to suspend the rules and pass the following measures:
    • United States Grain Standards Act Reauthorization Act of 2015: H.R. 2088, amended, to amend the United States Grain Standards Act to improve inspection services performed at export elevators at export port locations, and to reauthorize certain authorities of the Secretary of Agriculture under such Act;
    • Mandatory Price Reporting Act of 2015: H.R. 2051, amended, to amend the Agricultural Marketing Act of 1946 to extend the livestock mandatory price reporting requirements;
    • National Forest Foundation Reauthorization Act of 2015: H.R. 2394, amended, to reauthorize the National Forest Foundation Act;
    • Permanent Internet Tax Freedom Act: H.R. 235, to permanently extend the Internet Tax Freedom Act; and
    • Foreign Cultural Exchange Jurisdictional Immunity Clarification Act: H.R. 889, to amend chapter 97 of title 28, United States Code, to clarify the exception to foreign sovereign immunity set forth in section 1605(a)(3) of such title.
  • Commodity End-User Relief Act: The House passed 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 246 yeas to 171 nays, Roll No. 309.
    • Pursuant to the Rule, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-18 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 Agriculture now printed in the bill.
    • Agreed by unanimous consent that amendments No. 2 and 3 printed in H. Rept. 114-136 may be considered out of sequence.
    • Agreed to:
      • Conaway amendment (No. 1 printed in H. Rept. 114-136) that makes conforming and technical changes;
      • Moore amendment (No. 4 printed in H. Rept. 114-136) that narrows the scope of the provisions in the bill to ensure that only swap data, and not any other data, held by an SDR is required to be shared with other regulators; ensures that the language in the Securities Exchange Act and the Commodity Exchange Act mirror each other;
      • Walorski amendment (No. 5 printed in H. Rept. 114-136) that adds ”Status of consultations with all U.S. market participants including major producers and consumers”;
      • Plaskett amendment (No. 2 printed in H. Rept. 114-136) that expresses a sense of Congress that the Commodity Futures Trading Commission should take all appropriate actions to encourage applications for positions in the Office of the Chief Economist from members of minority groups, women, disabled persons, and veterans; and
      • Takai amendment (No. 3 printed in H. Rept. 114-136) that requires a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a summary of any plans of action and milestones for any known information security vulnerability.
  • Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016: The House passed 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, by a yea-and-nay vote of 216 yeas to 210 nays, Roll No. 329. Consideration began June 3rd.
    • Rejected the Delaney motion to recommit 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 244 noes, Roll No. 328.
    • Agreed to:
      • Gosar amendment that was debated on June 4th that prohibits the use of funds to carry out the rule entitled ”Affirmatively Furthering Fair Housing”, published by the Department of Housing and Urban Development in the Federal Register on July 19, 2013 (by a recorded vote of 229 ayes to 193 noes, Roll No. 311);
      • Jackson Lee amendment (No. 16 printed in the Congressional Record of June 3, 2015) that prohibits the use of funds in contravention of section 5309 of title 49, United States Code;
      • Engel amendment (No. 4 printed in the Congressional Record of June 2, 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 the Presidential Memorandum dated May 24, 2011;
      • Newhouse amendment that prohibits the use of funds to issue, implement, or enforce regulations by the FAA for operations and certification of small unmanned aircraft systems in contravention to 14 CFR 21.25(b)(1);
      • Bass amendment that prohibits the use of funds by the FTA to implement, administer, or enforce section 18.36(c)(2) of title 49, for construction hiring purposes;
      • Zeldin amendment that prohibits the use of funds by the Administrator of the FAA to institute an administrative or civil action or disposition of penalties against the sponsor of East Hampton Airport in East Hampton, NY;
      • Denham amendment that prohibits the use of funds for high-speed rail in the State of California or for the California High-Speed Rail Authority, nor may any be used by the Federal Railroad Administration to administer a grant agreement with the California High-Speed Rail Authority that contains a tapered matching requirement;
      • Mullin amendment that prohibits the use of funds to enforce subpart B of part 750 of title 23, Code of Federal Regulations, regarding signs for service clubs and religious notices as defined in section 153(p) of such part;
      • Yoho amendment that prohibits the use of funds to use in contravention of subpart E of part 5 of regulations of the Secretary of Housing and Urban Development (24 C.F.R. Part 5, Subpart E; relating to restrictions on assistance to noncitizens) (by a recorded vote of 244 ayes to 181 noes, Roll No. 319);
      • Brooks (AL) amendment that prohibits the use of funds to provide financial assistance in contravention of section 214(d) of the Housing and Community Development Act of 1980 (by a recorded vote of 246 ayes to 180 noes, Roll No. 320);
      • Hultgren amendment that prohibits the use of funds by the FAA for the bio-data assessment in the hiring of Air Traffic Control Specialists (by a recorded vote of 240 ayes to 186 noes, Roll No. 321);
      • Garrett amendment that prohibits the use of funds to implement, administer, or enforce the final rule entitled ”Implementation of the Fair Housing Act’s Discriminatory Effects Standard”, published by the Department of Housing and Urban Development (by a recorded vote of 231 ayes to 195 noes, Roll No. 323);
      • Peters amendment that prohibits the use of funds in contravention of Executive Order 11246 (relating to Equal Employment Opportunity) (by a recorded vote of 241 ayes to 184 noes with one answering ”present”, Roll No. 326); and
      • Issa amendment that prohibits the use of funds to acquire a camera for the purpose of collecting or storing vehicle license plate numbers (by a recorded vote of 297 ayes to 129 noes, Roll No. 327).
    • Rejected:
      • Blackburn amendment (No. 7 printed in the Congressional Record of June 3, 2015) that was debated on June 4th that sought to reduce each amount made available by this Act by 1 percent (by a recorded vote of 163 ayes to 259 noes, Roll No. 310);
      • Gosar amendment that was debated on June 4th that sought to prohibit the use of funds to implement, administer, or enforce the rule entitled ”Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains” (by a recorded vote of 136 ayes to 286 noes, Roll No. 312);
      • Posey amendment that was debated on June 4th that sought to prohibit the use of funds by the Department of Transportation to take any actions with respect to the financing of passenger rail projects along Florida’s East Coast (by a recorded vote of 163 ayes to 260 noes, Roll No. 313);
      • Sessions amendment that was debated on June 4th that sought to prohibit the use of funds to support Amtrak’s route with the highest loss, measured by contributions/(Loss) per Rider (by a recorded vote of 205 ayes to 218 noes, Roll No. 314);
      • Sessions amendment that was debated on June 4th that sought to prohibit the use of funds to support any Amtrak route whose costs exceed 2 times its revenues (by a recorded vote of 186 ayes to 237 noes, Roll No. 315);
      • Schiff amendment that was debated on June 4th that sought to prohibit the use of funds to enforce section 47524 of title 49, with regard to noise or access restriction of the Bob Hope Airport in Burbank, CA (by a recorded vote of 157 ayes to 266 noes, Roll No. 316);
      • Posey amendment that was debated on June 4th that sought to prohibit the use of funds by the Department of Transportation to authorize exempt facility bonds to finance passenger rail projects that cannot attain the speed of 150 mph (by a recorded vote of 148 ayes to 275 noes, Roll No. 317);
      • Posey amendment that was debated on June 4th that sought to prohibit the use of funds by the Department of Transportation to make a loan in an amount that exceeds $600,000,000 under the Railroad Revitalization and Regulatory Reform Act (by a recorded vote of 134 ayes to 287 noes, Roll No. 318);
      • Grothman amendment that sought to prohibit the use of funds for any family who is not an elderly family or a disabled family of the United States Housing Act and who was not receiving project-based rental assistance under section 8 of such Act as of Oct. 1, 2015, and the amount otherwise provided under such heading is reduced by $300,000,000;
      • Grothman amendment that sought to prohibit the use of funds for any family who is not an elderly family or a disabled family and who was not receiving tenant-based rental assistance under section 8 of such Act;
      • Meehan amendment that sought to prohibit the use of funds for Amtrak capital grants may be used for projects off the Northeast Corridor until the level of capital spending by Amtrak for capital projects on the Northeast Corridor during fiscal year 2016 equals the amount of Amtrak’s profits from Northeast Corridor operations during FY 2015 (by a recorded vote of 199 ayes to 227 noes, Roll No. 322);
      • Ellison amendment that sought to prohibit the use of funds for contracts to entities that have violated the Fair Labor Standards Act (by a recorded vote of 182 ayes to 243 noes, Roll No. 324); and
      • Emmer (MN) (No. 28 printed in the Congressional Record of June 4, 2015) amendment that sought to prohibit the use of funds to carry out any enrichment for any New Start grant request (by a recorded vote of 212 ayes to 214 noes, Roll No. 325).
    • Withdrawn:
      • Maxine Waters (CA) amendment that was offered and subsequently withdrawn that would have prohibited the use of funds to establish any asset management position of the Office of Multifamily Housing of the Department of Housing and Urban Development, or newly hire an employee for any asset management position, that is located at a Core office before filling each such asset management position that is located at a Non-Core office;
      • Newhouse amendment that was offered and subsequently withdrawn that would have prohibited the use of funds to issue, implement, or enforce the proposed regulation by the FAA entitled ”Operation and Certification of Small Unmanned Aircraft Systems” without consideration of the use of small unmanned aircraft systems for agricultural operations; and
      • Lewis (GA) amendment that was offered and subsequently withdrawn that would have added a new section at the end of the bill pertaining to reverse mortgage survivor benefits.
  • Agreed that the Clerk be authorized to make technical and conforming changes to reflect the actions of the House.
  • H. Res. 287, the rule providing for consideration of the bills (H.R. 2577) and (H.R. 2578) was agreed to on June 2nd.

Today:

  • On Wednesday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business. First votes expected: 1:15-2:15 p.m. Last votes expected: 9:00-10:00 p.m.
  • Postponed Suspension Vote on H. Res. 295 – Supporting local law enforcement agencies in their continued work to serve our communities, and supporting their use of body worn cameras to promote transparency to protect both citizens and officers alike (Sponsored by Rep. Al Green / Judiciary Committee)
  • H.R. 2393 – Country of Origin Labeling Amendments Act of 2015 (Closed Rule) (Sponsored by Rep. Mike Conaway / Agriculture Committee)
  • Begin Consideration of H.R. 2685 – Department of Defense Appropriations Act, 2016 (Modified Open Rule) (Sponsored by Rep. Rodney Frelinghuysen / Appropriations Committee)
    • The Rule provides for one hour of 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.

 

Senate

 

Yesterday:

  • Measures Considered:
  • National Defense Authorization Act–Agreement: Senate continued 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:
    • Adopted:
      • McCain (for Hoeven) Amendment No. 1485 (to Amendment No. 1463), to express the sense of the Senate on the nuclear force improvement program of the Air Force.

      • McCain (for Heller/Casey) Amendment No. 1510 (to Amendment No. 1463), to require a report on the interoperability between electronic health records systems of the Department of Defense and the Department of Veterans Affairs.
      • McCain (for Rounds) Amendment No. 1520 (to Amendment No. 1463), to require the Secretary of Defense to develop a comprehensive plan to support civil authorities in response to cyber attacks by foreign powers.
      • McCain (for Wicker) Amendment No. 1538 (to Amendment No. 1463), to allow for improvements to the United States Merchant Marine Academy.
      • McCain (for Ernst) Amendment No. 1579 (to Amendment No. 1463), to express the sense of Congress that the Secretary of Defense should maintain and enhance robust military intelligence support to force protection for installations, facilities, and personnel of the Department of Defense and the family members of such personnel.
      • McCain (for Moran) Amendment No. 1622 (to Amendment No. 1463), to express the sense of Congress on reviewing and considering findings and recommendations of the Council of Governors regarding cyber capabilities of the Armed Forces.
      • McCain (for Rubio) Amendment No. 1791 (to Amendment No. 1463), to authorize a land exchange at Navy Outlying Field, Naval Air Station, Whiting Field, Florida.
      • Reed (for Udall) Amendment No. 1677 (to Amendment No. 1463), to require the Secretary of Defense to submit information to the Secretary of Veterans Affairs relating to the exposure of members of the Armed Forces to airborne hazards and open burn pits.
      • Reed (for Wyden) Amendment No. 1701 (to Amendment No. 1463), to improve the provisions relating to adoption of retired military working dogs.
      • Reed (for Stabenow) Amendment No. 1733 (to Amendment No. 1463), to require a report on plans for the use and availability of airfields in the United States for homeland defense missions.
      • Reed (for McCaskill) Amendment No. 1739 (to Amendment No. 1463), to require a conflict of interest certification for Inspector General investigations relating to whistleblower retaliation.
      • Reed (for Feinstein) Amendment No. 1744 (to Amendment No. 1463), to authorize the Secretary of Veterans Affairs to carry out certain major medical facility projects for which appropriations were made for fiscal year 2015.
      • Reed (for Heitkamp) Amendment No. 1781 (to Amendment No. 1463), to improve the report on the strategy to protect United States national security interests in the Arctic region.
      • Reed (for Cardin) Amendment No. 1796 (to Amendment No. 1463), to express the sense of the Senate on finding efficiencies within the working capital fund activities of the Department of Defense.
    • Rejected:
      • By 46 yeas to 51 nays (Vote No. 205), 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.
    • 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.
      • 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.
      • Vitter Amendment No. 1473 (to Amendment No. 1463), to limit the retirement of Army combat units.
      • Markey Amendment No. 1645 (to Amendment No. 1463), to express the sense of Congress that exports of crude oil to United States allies and partners should not be determined to be consistent with the national interest if those exports would increase energy prices in the United States for American consumers or businesses or increase the reliance of the United States on imported oil.
      • Reed (for Blumenthal) Amendment No. 1564 (to Amendment No. 1463), to increase civil penalties for violations of the Servicemembers Civil Relief Act.
      • McCain (for Paul) Modified Amendment No. 1543 (to Amendment No. 1463), to strengthen employee cost savings suggestions programs within the Federal Government.
      • Reed (for Durbin) Modified Amendment No. 1559 (to Amendment No. 1463), to prohibit the award of Department of Defense contracts to inverted domestic corporations.
      • McCain (for Burr) Amendment No. 1569 (to Amendment No. 1463), to ensure criminal background checks of employees of the military child care system and providers of child care services and youth program services for military dependents.
      • Feinstein (for McCain) Amendment No. 1889 (to Amendment No. 1463), to reaffirm the prohibition on torture.
      • Fischer/Booker Amendment No. 1825 (to Amendment No. 1463), to authorize appropriations for national security aspects of the Merchant Marine for fiscal years 2016 and 2017.
      • Burr/McCain Amendment No. 1921 (to Amendment No. 1569), to improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats.
    • A unanimous-consent agreement was reached providing for further consideration of the bill at approximately 10:30 a.m., on Wednesday, June 10, 2015.

Today:

  • The Senate stands adjourned until 9:30am on Wednesday, June 10, 2015.
  • Following any Leader remarks, the Senate will be in a period of morning business for 1 hour with the time equally divided, with the Democrats controlling the first half and the Republicans controlling the final half.
  • Following morning business, the Senate will resume consideration of H.R.1735, NDAA.

 

Hearings Covered by W&J Today

 

Senate Health, Education, Labor & Pensions
“Health Information Exchange: A Path Towards Improving the Quality and Value of Health Care for Patients”

House Ways & Means
FY 2016 HHS Budget Request

Senate Commerce, Science and Transportation Committee
“Passenger Rail Safety: Accident Prevention and On-Going Efforts to Implement Train Control Technology”

House Education and the Workforce Committee
“Reviewing the Rules and Regulations Implementing Federal Wage and Hour Standards”

House Veterans’ Affairs
“Prescription Mismanagement and the Risk of Veteran Suicide”

House Oversight Committee
The Federal Information Technology Reform Act’s Role In Reducing IT Acquisition Risk

DEM Convention Strategies
Briefing: 2016 Democratic National Convention

 

Notable Legislation Introduced

 

CYBERSECURITY

H.R.2708 : To direct the Director of National Intelligence to conduct a study on cyber attack standards of measurement.
Sponsor: Rep Wilson, Joe [SC-2] (introduced 6/9/2015) Cosponsors (None)
Committees: House Intelligence (Permanent Select)
Latest Major Action: 6/9/2015 Referred to House committee. Status: Referred to the House Committee on Intelligence (Permanent Select).

HEALTH

H.R.2690 : To direct the Secretary of Health and Human Services to promulgate regulations clarifying the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996, health care providers and covered entities may disclose the protected health information of patients with a mental illness, and for other purposes.
Sponsor: Rep Matsui, Doris O. [CA-6] (introduced 6/9/2015) Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 6/9/2015 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.2696 : To amend title XXVII of the Public Health Service Act to require certain health insurance premium increase information submitted to the Secretary of Health and Human Services be disclosed to Congress.
Sponsor: Rep Griffith, H. Morgan [VA-9] (introduced 6/9/2015) Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 6/9/2015 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.2707 : To ensure a legislative solution for those individuals who may be affected by ObamaCare’s unlawful implementation, and for other purposes.
Sponsor: Rep Walker, Mark [NC-6] (introduced 6/9/2015) Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 6/9/2015 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

S.1531 : A bill to reform the provision of health insurance coverage by promoting health savings accounts, State-based alternatives to coverage under the Affordable Care Act, and price transparency, in order to promote a more market-based health care system, and for other purposes.
Sponsor: Sen Cassidy, Bill [LA] (introduced 6/9/2015) Cosponsors (9)
Committees: Senate Finance
Latest Major Action: 6/9/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TAX

H.R.2695 : To amend the Internal Revenue Code of 1986 to require that return information from tax-exempt organizations be made available in a searchable format and to provide the disclosure of the identity of contributors to certain tax-exempt organizations, and for other purposes.
Sponsor: Rep Cicilline, David N. [RI-1] (introduced 6/9/2015) Cosponsors (5)
Committees: House Ways and Means
Latest Major Action: 6/9/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.