Today’s Daily Update

The House will consider H.R. 3762 – Restoring Americans’ Healthcare Freedom Reconciliation Act.

House

 

Yesterday:

  • Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015–Rule for consideration: The House agreed to H. Res. 483, providing for consideration of the bill (H.R. 3762) to provide for reconciliation pursuant to section 2002 of the concurrent resolution on the budget for fiscal year 2016, by a yea-and-nay vote of 240 yeas to 187 nays, Roll No. 567, after the previous question was ordered by a yea-and-nay vote of 244 yeas to 185 nays, Roll No. 566. Consideration is expected to resume tomorrow, October 23rd.
  • National Strategic and Critical Minerals Production Act of 2015: The House passed H.R. 1937, to require the Secretary of the Interior and the Secretary of Agriculture to more efficiently develop domestic sources of the minerals and mineral materials of strategic and critical importance to United States economic and national security and manufacturing competitiveness, by a yea-and-nay vote of 254 yeas to 177 nays, Roll No. 565.
    • Rejected the Peters motion to recommit the bill to the Committee on Natural Resources with instructions to report the same back to the House forthwith with an amendment, by a recorded vote of 184 ayes to 246 noes, Roll No. 564.
    • Agreed to:
      • Pearce amendment (No. 4 printed in H. Rept. 114-301) that clarifies that the bill does not affect Secretarial Order 3324, issued by the Department of the Interior.
    • Rejected:
      • Lowenthal amendment (No. 1 printed in H. Rept. 114-301) that sought to replace the bills definition of ”strategic and critical minerals” with the accepted definition from the National Research Council (by a recorded vote of 176 ayes to 253 noes, Roll No. 560);
      • Dingell amendment (No. 2 printed in H. Rept. 114-301) that sought to ensure that mining permits are fully reviewed under the National Environmental Policy Act (by a recorded vote of 181 ayes to 248 noes, Roll No. 561);
      • Cartwright amendment (No. 3 printed in H. Rept. 114-301) that sought to strike sections of the bill that would limit judicial review of agency actions and prevent the awarding of attorney’s fees under the Equal Access to Justice Act (by a recorded vote of 184 ayes to 245 noes, Roll No. 562); and
      • Hastings (FL) amendment (No. 5 printed in H. Rept. 114-301) that sought to require demonstration for proposed projects that domestic capacity to produce strategic and critical minerals is less that 80 percent of domestic requirements and requires publication of intent to transport or sell strategic and critical mineral intermediate and final products outside of the United States unless the domestic capacity exceeds 80 percent (by a recorded vote of 183 ayes to 246 noes, Roll No. 563).
    • H. Res. 481, the rule providing for consideration of the bill (H.R. 1937), was agreed to yesterday, October 21st.
  • Recess: The House recessed at 2:57 p.m. and reconvened at 3:32 p.m.
  • Presidential Veto Message–National Defense Authorization Act for Fiscal Year 2016: Read a message from the President wherein he transmitted his Memorandum of Disapproval 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, and for other purposes, and explained his reasons therefore–ordered printed (H. Doc. 114-70).
  • Pursuant to the order of the House of October 21, 2015, further consideration of the veto message and the bill are postponed until the legislative day of November 5, 2015, and that on that legislative day, the House shall proceed to the constitutional question of reconsideration and dispose of such question without intervening motion.

Today:

  • On Friday, the House will meet at 9:00 a.m. for legislative business. First and last votes: 11:45 a.m.-12:45 p.m.
  • H.R. 3762 – Restoring Americans’ Healthcare Freedom Reconciliation Act (Closed Rule, Two Hours of Debate) (Sponsored by Rep. Tom Price / Budget Committee / Ways and Means Committee / Energy and Commerce Committee / Education and the Workforce Committee)

 

Senate

 

Yesterday:

  • Measures Considered:
  • Cybersecurity Information Sharing Act–Agreement: Senate continued consideration of S. 754, to improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, after taking action on the following amendments proposed thereto:
    • Rejected:
      • By 32 yeas to 65 nays (Vote No. 282), Burr (for Paul) Modified Amendment No. 2564 (to Amendment No. 2716), to prohibit liability immunity to applying to private entities that break user or privacy agreements with customers.
    • Pending:
      • Burr/Feinstein Amendment No. 2716, in the nature of a substitute.
      • Burr (for Cotton) Modified Amendment No. 2581 (to Amendment No. 2716), to exempt from the capability and process within the Department of Homeland Security communication between a private entity and the Federal Bureau of Investigation or the United States Secret Service regarding cybersecurity threats.
      • Feinstein (for Coons) Modified Amendment No. 2552 (to Amendment No. 2716), to modify section 5 to require DHS to review all cyber threat indicators and countermeasures in order to remove certain personal information.
      • Burr (for Flake/Franken) Amendment No. 2582 (to Amendment No. 2716), to terminate the provisions of the Act after six years.
      • Feinstein (for Franken) Further Modified Amendment No. 2612 (to Amendment No. 2716), to improve the definitions of cybersecurity threat and cyber threat indicator.
      • Burr (for Heller) Modified Amendment No. 2548 (to Amendment No. 2716), to protect information that is reasonably believed to be personal information or information that identifies a specific person.
      • Feinstein (for Leahy) Modified Amendment No. 2587 (to Amendment No. 2716), to strike the FOIA exemption.
      • Feinstein (for Mikulski/Cardin) Amendment No. 2557 (to Amendment No. 2716), to provide amounts necessary for accelerated cybersecurity in response to data breaches.
      • Feinstein (for Whitehouse/Graham) Modified Amendment No. 2626 (to Amendment No. 2716), to amend title 18, United States Code, to protect Americans from cybercrime.
      • Feinstein (for Wyden) Modified Amendment No. 2621 (to Amendment No. 2716), to improve the requirements relating to removal of personal information from cyber threat indicators before sharing.
    • During consideration of this measure today, Senate also took the following action:
      • By 83 yeas to 14 nays (Vote No. 281), three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion to close further debate on Burr/Feinstein Amendment No. 2716 (listed above).
    • A unanimous-consent agreement was reached providing that notwithstanding rule XXII, that at 11 a.m., on Tuesday, October 27, 2015, the post-cloture time be considered expired on Burr/Feinstein Amendment No. 2716, and Senate vote on or in relation to the following amendments in the order listed:
      • Feinstein (for Wyden) Modified Amendment No. 2621 (to Amendment No. 2716)
      • Burr (for Heller) Modified Amendment No. 2548 (to Amendment No. 2716)
      • Feinstein (for Leahy) Modified Amendment No. 2587 (to Amendment No. 2716)
      • Burr (for Flake/Franken) Amendment No. 2582 (to Amendment No. 2716)
      • Feinstein (for Franken) Further Modified Amendment No. 2612 (to Amendment No. 2716); that following the disposition of Feinstein (for Franken) Further Modified Amendment No. 2612 (to Amendment No. 2716)
  • Senate recess until 2:15 p.m. for the weekly conference meetings; that the time from 2:15 p.m. until 4 p.m. be equally divided in the usual form, and that at 4 p.m., Senate vote on or in relation to the following amendments in the order listed:
    • Feinstein (for Coons) Modified Amendment No. 2552 (to Amendment No. 2716)
    • Burr (for Cotton) Modified Amendment No. 2581 (to Amendment No. 2716)
    • Burr/Feinstein Amendment No. 2716, as amended, if amended; and that if cloture is invoked on the bill, all post-cloture time be yielded back, and Senate vote on passage of the bill, as amended, if amended, without any intervening action or debate.
  • Vilardo Nomination–Agreement: A unanimous-consent-time agreement was reached providing at 5 p.m., on Monday, October 26, 2015, Senate begin consideration of the nomination of Lawrence Joseph Vilardo, of New York, to be United States District Judge for the Western District of New York; that there be up to 30 minutes of debate on the nomination, and that following the use or yielding back of time, Senate vote on confirmation of the nomination, without intervening action or debate; and that no further motions be in order to the nomination.
  • Nominations Confirmed: Senate confirmed the following nominations:
    • By a unanimous vote of 93 yeas (Vote No. EX. 283), Julie Furuta-Toy, of Wyoming, to be Ambassador to the Republic of Equatorial Guinea.
    • Dennis B. Hankins, of Minnesota, to be Ambassador to the Republic of Guinea.
    • Harry K. Thomas, Jr., of New York, to be Ambassador to the Republic of Zimbabwe.
    • Robert Porter Jackson, of Virginia, to be Ambassador to the Republic of Ghana.
    • 5 Air Force nominations in the rank of general.
    • 3 Army nominations in the rank of general.
    • 2 Marine Corps nominations in the rank of general.
    • 3 Navy nominations in the rank of admiral.

Today:

  • The Senate is not in session.

 

Hearings Covered by W&J Today

 

House Financial Services Committee
SEC Division of Investment Management Oversight

House Foreign Affairs Committee
Evaluating the Export-Import Bank in the Global Economy

House Energy and Commerce
Reviewing the Accuracy of Medicaid and Exchange Eligibility Determinations

 

Notable Legislation Introduced

  

DEBT LIMIT

H.R.3803: To amend the Congressional Budget Act of 1974 to establish joint resolutions on the budget, and for other purposes.
Sponsor: Rep Black, Diane [TN-6] (introduced 10/22/2015) Cosponsors (2)
Committees: House Rules; House Budget
Latest Major Action: 10/22/2015 Referred to House committee. Status: Referred to the Committee on Rules, and in addition to the Committee on the Budget, 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.3804: To amend the Congressional Budget Act of 1974 to provide that any estimate prepared by the Congressional Budget Office or the Joint Committee on Taxation shall include costs relating to servicing the public debt, and for other purposes.
Sponsor: Rep Brat, Dave [VA-7] (introduced 10/22/2015) Cosponsors (None)
Committees: House Rules; House Budget
Latest Major Action: 10/22/2015 Referred to House committee. Status: Referred to the Committee on Rules, and in addition to the Committee on the Budget, 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.3807: To provide a process for ensuring the United States does not default on its obligations.
Sponsor: Rep Honda, Michael M. [CA-17] (introduced 10/22/2015) Cosponsors (20)
Committees: House Ways and Means; House Rules
Latest Major Action: 10/22/2015 Referred to House committee. Status: Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, 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.

ENERGY

H.R.3797: To establish the bases by which the Administrator of the Environmental Protection Agency shall issue, implement, and enforce certain emission limitations and allocations for existing electric utility steam generating units that convert coal refuse into energy.
Sponsor: Rep Rothfus, Keith J. [PA-12] (introduced 10/22/2015) Cosponsors (3)
Committees: House Energy and Commerce
Latest Major Action: 10/22/2015 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

FINANCIAL SERVICES

H.R.3798: To amend the Securities Exchange Act of 1934 to permit private persons to compel the Securities and Exchange Commission to seek legal or equitable remedies in a civil action, instead of an administrative proceeding, and for other purposes.
Sponsor: Rep Garrett, Scott [NJ-5] (introduced 10/22/2015) Cosponsors (None)
Committees: House Financial Services
Latest Major Action: 10/22/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.3808: To require the withdrawal and study of the Federal Housing Finance Agency’s proposed rule on Federal Home Loan Bank membership, and for other purposes.
Sponsor: Rep Luetkemeyer, Blaine [MO-3] (introduced 10/22/2015) Cosponsors (3)
Committees: House Financial Services
Latest Major Action: 10/22/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.3811: To amend the Securities Exchange Act of 1934 to require the disclosure of the total number of a company’s domestic and foreign employees.
Sponsor: Rep McNerney, Jerry [CA-9] (introduced 10/22/2015) Cosponsors (1)
Committees: House Financial Services
Latest Major Action: 10/22/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

HEALTH

S.2196: A bill to amend title XVIII of the Social Security Act to provide for the non-application of Medicare competitive acquisition rates to complex rehabilitative wheelchairs and accessories.
Sponsor: Sen Casey, Robert P., Jr. [PA] (introduced 10/22/2015) Cosponsors (3)
Committees: Senate Finance
Latest Major Action: 10/22/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

S.2197: A bill to amend title XVIII of the Social Security Act to improve the risk adjustment under the Medicare Advantage program, and for other purposes.
Sponsor: Sen Crapo, Mike [ID] (introduced 10/22/2015) Cosponsors (2)
Committees: Senate Finance
Latest Major Action: 10/22/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TAX

H.R.3812: To amend the Internal Revenue Code of 1986 to provide for the identification of corporate tax haven countries and increased penalties for tax evasion practices in haven countries that ship United States jobs overseas, and for other purposes.
Sponsor: Rep McNerney, Jerry [CA-9] (introduced 10/22/2015) Cosponsors (1)
Committees: House Ways and Means; House Oversight and Government Reform
Latest Major Action: 10/22/2015 Referred to House committee. Status: Referred to the Committee on Ways and Means, and in addition to the Committee on 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.

S.2203: A bill to amend the Internal Revenue Code of 1986 to make residents of Puerto Rico eligible for the earned income tax credit and to provide equitable treatment for residents of Puerto Rico with respect to the refundable portion of the child tax credit.
Sponsor: Sen Menendez, Robert [NJ] (introduced 10/22/2015) Cosponsors (7)
Committees: Senate Finance
Latest Major Action: 10/22/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TRANSPORTATION

H.R.3805: To amend title 23, United States Code, to provide for the inclusion of broadband conduit installation in certain highway construction projects, and for other purposes.
Sponsor: Rep Eshoo, Anna G. [CA-18] (introduced 10/22/2015) Cosponsors (27)
Committees: House Transportation and Infrastructure
Latest Major Action: 10/22/2015 Referred to House committee. Status: Referred to the House Committee on Transportation and Infrastructure.

H.R.3810: To amend title 23, United States Code, and SAFETEA-LU to direct the Secretary of Transportation to give preference to certain surface transportation projects that achieve cost efficiencies through the use of project development, finance, operations, and delivery methods, such as design-build, and for other purposes.
Sponsor: Rep Maloney, Sean Patrick [NY-18] (introduced 10/22/2015) Cosponsors (None)
Committees: House Transportation and Infrastructure
Latest Major Action: 10/22/2015 Referred to House committee. Status: Referred to the House Committee on Transportation and Infrastructure.

 

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