Today’s Daily Update

The House will complete consideration of the FORM Act (H.R. 3189) and begin consideration of the SAFE Act (H.R. 4038). The Senate will resume consideration of H.R.2577, THUD appropriations.

House

 

Yesterday:

  • Reforming CFPB Indirect Auto Financing Guidance Act: The House passed H.R. 1737, to nullify certain guidance of the Bureau of Consumer Financial Protection and to provide requirements for guidance issued by the Bureau with respect to indirect auto lending, by a yea-and-nay vote of 332 yeas to 96 nays, Roll No. 637.
    • Agreed to:
      • Gosar amendment (No. 1 printed in H. Rept. 114-340) that ensures that the costs and impacts to any veteran-owned business are included in the study required by this bill for any future auto financing guidance put forth by the Consumer Financial Protection Bureau;
      • Smith (MO) amendment (No. 2 printed in H. Rept. 114-340) that requires that CFPB, before issuing guidance on indirect auto financing, should also conduct a study on the cost and impacts such guidance to rural consumers and businesses; and
      • Sewell (AL) amendment (No. 3 printed in H. Rept. 114-340) that clarifies that nothing in this bill shall be construed to apply to guidance issued by the Bureau of Consumer Financial Protection that is not primarily related to indirect auto financing.
    • H. Res. 526, the rule providing for consideration of the bills (H.R. 1737) and (H.R. 511) was agreed to yesterday, November 17th.
  • Portfolio Lending and Mortgage Access Act: The House passed H.R. 1210, to amend the Truth in Lending Act to provide a safe harbor from certain requirements related to qualified mortgages for residential mortgage loans held on an originating depository institution’s portfolio, by a yea-and-nay vote of 255 yeas to 174 nays, Roll No. 636.
    • Rejected the Thompson (CA) motion to recommit the bill to the Committee on Financial Services with instructions to report the same back to the House forthwith with an amendment, by a yea-and-nay vote of 184 yeas to 242 nays, Roll No. 635.
    • Pursuant to the Rule, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-34 shall be considered as adopted.
    • H. Res. 529, the rule providing for consideration of the bills (H.R. 1210) and (H.R. 3189) was agreed to by a yea-and-nay vote of 243 yeas to 184 nays, Roll No. 634, after the previous question was ordered.
  • Meeting Hour: Agreed by unanimous consent that when the House adjourns today, it adjourn to meet at 9:30 a.m. tomorrow, November 19.
  • Unanimous Consent Agreement: Agreed by unanimous consent that the question of adopting a motion to recommit on H.R. 3189 may be subject to postponement as though under clause 8 of rule 20.
  • FORM Act of 2015: The House began consideration of H.R. 3189, to amend the Federal Reserve Act to establish requirements for policy rules and blackout periods of the Federal Open Market Committee, to establish requirements for certain activities of the Board of Governors of the Federal Reserve System, and to amend title 31, United States Code, to reform the manner in which the Board of Governors of the Federal Reserve System is audited. Consideration is expected to resume tomorrow, November 19th.
    • Pursuant to the Rule, in lieu of the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill, the amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-35, modified by the amendment printed in part B of H. Rept. 114-341, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as an original bill for the purpose of amendment under the five-minute rule and shall be considered as read.
    • Agreed to:
      • Heck (WA) amendment (No. 2 printed in part C of H. Rept. 114-341) that requires FOMC to use fully revised data rather than the initial readings that are first available;
      • Grayson amendment (No. 3 printed in part C of H. Rept. 114-341) that provides for an annual audit of the Federal Reserve; and
      • King (IA) amendment (No. 6 printed in part C of H. Rept. 114-341), as modified, that requires the FOMC to make public the full transcriptions of their meetings and requires study of the effects of the GDP output section of the individual mandate on the US economy, Fed Actions, and federal debt.
    • Rejected:
      • Heck (WA) amendment (No. 1 printed in part C of H. Rept. 114-341) that sought to suspend the requirement for rules-based decision making when unemployment or inflation significantly diverges from targets; and
      • Grayson amendment (No. 5 printed in part C of H. Rept. 114-341) that sought to establish three new Federal Reserve districts: one for Northern California (located in San Francisco); one for Southern California (located in Los Angeles); and one for Florida (located in Orlando).
    • H. Res. 529, the rule providing for consideration of the bills (H.R. 1210) and (H.R. 3189) was agreed to by a yea-and-nay vote of 243 yeas to 184 nays, Roll No. 634, after the previous question was ordered.

Today:

  • On Thursday, the House will meet at 9:30 a.m. for legislative business. First votes expected: 10:30-11:30 a.m. Last votes expected: 12:30-1:30 p.m.
  • H.R. 4038 – American Security Against Foreign Enemies (SAFE) Act of 2015 (Closed Rule, One Hour of Debate) (Sponsored by Rep. Michael McCaul / Judiciary Committee)
  • Complete Consideration of H.R. 3189 – FORM Act of 2015, Rules Committee Print (Structured Rule) (Sponsored by Rep. Bill Huizenga / Financial Services Committee)

 

Senate

 

Yesterday:

  • Measures Considered:
  • Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016–Agreement: Senate 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, after withdrawing the committee reported amendment, and taking action on the following amendments proposed thereto
    • Adopted:
      • Collins (for McCain/Flake) Amendment No. 2809 (to Amendment No. 2812), to require the Administrator of the Federal Aviation Administration to review certain decisions to grant categorical exclusions for Next Generation flight procedures and to consult with the airports at which such procedures will be implemented.
      • Reed (for Mikulski) Amendment No. 2817 (to Amendment No. 2812), to provide that the Secretary of Transportation shall have sole authority to appoint Federal Directors to the Board of Directors of the Washington Metropolitan Area Transit Authority.
      • Wicker/Feinstein Amendment No. 2815 (to Amendment No. 2812), to authorize the Secretary of Transportation to increase the minimum length limitation for a truck tractor-semitrailer-trailer combination from 28 to 33 feet if such change would not negatively impact public safety.
    • Pending:
      • Collins/Reed Amendment No. 2812, in the nature of a substitute.
      • Collins/Reed Amendment No. 2813 (to Amendment No. 2812), to make a technical amendment.
    • A motion was entered to close further debate on Collins/Reed Amendment No. 2812 (listed above), and, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, a vote on cloture will occur on Friday, November 20, 2015.
    • A motion was entered to close further debate on the bill, and, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, a vote on cloture will occur upon disposition of Collins/Reed Amendment No. 2812.
    • Pursuant to the order of Tuesday, November 17, 2015, the motion to invoke cloture on the motion to proceed to consideration of the bill, was withdrawn.
    • A unanimous-consent agreement was reached providing for further consideration of the bill at 11 a.m., on Thursday, November 19, 2015.
  • House Messages:
  • Every Child Achieves Act: Senate disagreed to the amendment of the House of Representatives to S. 1177, to reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves, agreed to the request from the House for a conference, and authorized the Presiding Officer to appoint conferees.
  • During consideration of this measure today, Senate also took the following action:
    • By 91 yeas to 6 nays (Vote No. 308), three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion to close further debate on the McConnell motion to disagree to the amendment of the House, agree to the request from the House for a conference, and authorize the Presiding Officer to appoint conferees.
    • The Chair was authorized to appoint the following conferees on the part of the Senate: Senators Alexander, Enzi, Burr, Isakson, Paul, Collins, Murkowski, Kirk, Scott, Hatch, Roberts, Cassidy, Murray, Mikulski, Sanders, Casey, Franken, Bennet, Whitehouse, Baldwin, Murphy, and Warren.

Today:

  • The Senate stands adjourned until 10:00am on Thursday, November 19, 2015.
  • Following any Leader remarks, the Senate will be in a period of morning business until 11:00am. At 11:00am, the Senate will resume consideration of H.R.2577, THUD appropriations.
  • As a reminder, during today’s session Senator McConnell filed cloture on Collins-Reed amendment #2812 (substitute) and H.R.2577, THUD appropriations. Unless an agreement can be reached, the cloture vote on the substitute would occur one hour after the Senate convenes on Friday, November 20th.
  • The filing deadline for first degree amendments to the substitute and bill is 1:00pm tomorrow, Thursday, November 19. Amendments must be germane and timely filed to be considered in order if cloture is invoked. The filing deadline for second degree amendments would be one hour prior to the cloture vote.
  • Amendments pending to H.R.2577, THUD Appropriations:
    • Collins-Reed amendment #2812 (substitute)
    • Collins amendment #2813 (date change)
  • As a reminder, during today’s session the Senate reached an agreement that at 5:00pm on Monday, November 30, there be up to 30 minutes of debate prior to a vote on confirmation of Executive Calendar #268, the nomination of Gayle Smith, of Ohio, to be Administrator of the United States Agency for International Development.

 

Hearings Covered by W&J Today

 

SEC
“Government-Business Forum on Small Business Capital Formation”

House Financial Services Committee
“Oversight of the Financial Stability Oversight Council: Due Process and Transparency in Non-Bank SIFI Designations”

House Energy and Commerce Committee
“The Disrupter Series: The Fast-Evolving Uses and Economic Impacts of Drones”

House Armed Services Committee
“Advancing the Science and Acceptance of Autonomy for Future Defense Systems”

 

Notable Legislation Introduced

  

DEFENSE

S.2303: A bill to exempt the Department of Defense and other national security agencies from sequestration.
Sponsor: Sen McCain, John [AZ] (introduced 11/18/2015) Cosponsors (None)
Committees: Senate Budget
Latest Major Action: 11/18/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on the Budget.

ENERGY

H.R.4066: To enable high-performance computation and supportive research and nuclear energy innovation.
Sponsor: Rep Grayson, Alan [FL-9] (introduced 11/18/2015) Cosponsors (None)
Committees: House Science, Space, and Technology
Latest Major Action: 11/18/2015 Referred to House committee. Status: Referred to the House Committee on Science, Space, and Technology.

HEALTH

 H.R.4058 : To require that in cases of health insurance coverage cancelled pursuant to requirements under the Patient Protection and Affordable Care Act cancellation notices provided to enrollees include a statement such cancellation is because of such Act.
Sponsor: Rep Shuster, Bill [PA-9] (introduced 11/18/2015) Cosponsors (7)
Committees: House Energy and Commerce
Latest Major Action: 11/18/2015 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.4059: To amend title XVIII of the Social Security Act to encourage Medicare beneficiaries to voluntarily adopt advance directives guiding the medical care they receive.
Sponsor: Rep Black, Diane [TN-6] (introduced 11/18/2015) Cosponsors (3)
Committees: House Energy and Commerce; House Ways and Means
Latest Major Action: 11/18/2015 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.4062: To amend title XVIII of the Social Security Act to remove the enrollment restriction on certain physicians and practitioners prescribing covered outpatient drugs under the Medicare prescription drug program.
Sponsor: Rep Marchant, Kenny [TX-24] (introduced 11/18/2015) Cosponsors (4)
Committees: House Energy and Commerce; House Ways and Means
Latest Major Action: 11/18/2015 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.

S.2297: A bill to amend title XVIII of the Social Security Act to encourage Medicare beneficiaries to voluntarily adopt advance directives guiding the medical care they receive.
Sponsor: Sen Coons, Christopher A. [DE] (introduced 11/18/2015) Cosponsors (1)
Committees: Senate Finance
Latest Major Action: 11/18/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

S.2301: A bill to amend the Federal Food, Drug, and Cosmetic Act to strengthen requirements related to nutrient information on food labels, and for other purposes.
Sponsor: Sen Blumenthal, Richard [CT] (introduced 11/18/2015) Cosponsors (1)
Committees: Senate Health, Education, Labor, and Pensions
Latest Major Action: 11/18/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

TAX

H.R.4067: To amend the Internal Revenue Code of 1986 to encourage retirement savings by modifying requirements with respect to employer-established IRAs, and for other purposes.
Sponsor: Rep Kind, Ron [WI-3] (introduced 11/18/2015) Cosponsors (1)
Committees: House Ways and Means; House Education and the Workforce
Latest Major Action: 11/18/2015 Referred to House committee. Status: Referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, 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.4068: To amend the Internal Revenue Code of 1986 to permanently increase the limitations on the deduction for start-up and organizational expenditures.
Sponsor: Rep Lawrence, Brenda L. [MI-14] (introduced 11/18/2015) Cosponsors (3)
Committees: House Ways and Means
Latest Major Action: 11/18/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

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