Today’s Daily Update

The Senate passed H.R. 3762, to provide for reconciliation pursuant to section 2002 of the concurrent resolution on the budget for fiscal year 2016. The Senate agreed to the conference report to accompany H.R. 22 (Surface Transportation). The House passed H.R. 8, the North American Energy Security and Infrastructure Act of 2015. The House agreed to the conference report to accompany H.R. 22 (Surface Transportation).

House

 

Yesterday:

  • North American Energy Security and Infrastructure Act of 2015: The House passed H.R. 8, to modernize energy infrastructure, build a 21st century energy and manufacturing workforce, bolster America’s energy security and diplomacy, and promote energy efficiency and government accountability, by a recorded vote of 249 ayes to 174 noes, Roll No. 672.
    • Rejected the Cartwright motion to recommit the bill to the Committee on Energy and Commerce with instructions to report the same back to the House forthwith with an amendment, by a recorded vote of 180 ayes to 243 noes, Roll No. 671.
    • Agreed to:
      • Cramer amendment (No. 26 printed in H. Rept. 114-359) that was debated on December 2nd that authorizes voluntary vegetation management within 150 feet of the exterior boundary of the right-of-way near structures; prevents sale of vegetation and limits legal liability (by a recorded vote of 252 ayes to 170 noes, Roll No. 668); and
      • Rouzer amendment (No. 30 printed in H. Rept. 114-359) that was debated on December 2nd that repeals the March 2015 EPA final rule establishing federal standards for residential wood heaters (by a recorded vote of 247 ayes to 177 noes, Roll No. 669).
    • Rejected:
      • Pallone amendment (No. 37 printed in H. Rept. 114-359) that was debated on December 2nd that sought to prohibit the Act from taking effect until after the Energy Information Administration analyzed and published a report on the carbon impacts of the Act’s provisions (by a recorded vote of 181 ayes to 243 noes, Roll No. 670).
    • Agreed that the Clerk be authorized to make technical and conforming changes to reflect the actions of the House.
    • H. Res. 542, the rule providing for further consideration of the bill (H.R. 8) and the conference report to accompany the bill (S. 1177) was agreed to yesterday, December 2nd.
  • Surface Transportation Reauthorization and Reform Act of 2015: The House agreed to the conference report to accompany H.R. 22, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, by a yea-and-nay vote of 359 yeas to 65 nays, Roll No. 673.
    • H. Res. 546, the rule providing for consideration of the conference report to accompany the bill (H.R. 22) was agreed to by a recorded vote of 384 ayes to 40 noes, Roll No. 667, after the previous question was ordered by a yea-and-nay vote of 243 yeas to 179 nays, Roll No. 666.

Today:

  • The House is not in session today.

 

Senate

 

Yesterday:

  • Measures Passed:
  • Restoring Americans’ Healthcare Freedom Reconciliation Act: By 52 yeas to 47 nays (Vote No. 329), Senate passed H.R. 3762, to provide for reconciliation pursuant to section 2002 of the concurrent resolution on the budget for fiscal year 2016, after taking action on the following amendments proposed thereto:
    • Adopted:
      • By 90 yeas to 10 nays (Vote No. 316), Heller Amendment No. 2882 (to Amendment No. 2874), to strike the reinstatement of the tax on employee health insurance premiums and health plan benefits.
      • By 60 yeas to 39 nays (Vote No. 324), Coats Amendment No. 2888 (to Amendment No. 2874), to amend the Internal Revenue Code of 1986 to extend the special rule for seniors relating to the income level for deduction of medical care expenses.
      • Reid Amendment No. 2917 (to Amendment No. 2916), to strike the reinstatement of the tax on employee health insurance premiums and health plan benefits.
      • Enzi (for McConnell) Amendment No. 2916 (to Amendment No. 2874), in the nature of a substitute.
      • McConnell Amendment No. 2874, in the nature of a substitute.
    • Rejected:
      • Murray/Wyden Amendment No. 2876 (to Amendment No. 2874), to ensure that this Act does not increase the number of uninsured women or increase the number of unintended pregnancies by establishing a women’s health care and clinic security and safety fund. (By 54 yeas to 46 nays (Vote No. 311), Senate tabled the amendment.)
      • By 56 yeas to 44 nays (Vote No. 312), Johnson Amendment No. 2875 (to Amendment No. 2874), to amend the Patient Protection and Affordable Care Act to ensure that individuals can keep their health insurance coverage. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, was not agreed to.)
      • By 48 yeas to 52 nays (Vote No. 314), Collins Amendment No. 2885 (to Amendment No. 2874), relating to the repeal of the prevention and public health fund.
      • By 10 yeas to 89 nays (Votes No. 323), Paul Amendment No. 2899 (to Amendment No. 2874), to prevent the entry of extremists into the United States under the refugee program. Subsequently, a point of order that the amendment would violate section 313(b)(1)(c) of the Congressional Budget Act of 1974 was withdrawn. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, was not agreed to.)
      • Cardin Amendment No. 2913 (to Amendment No. 2874), to amend the Internal Revenue Code of 1986 to extend the special rule for seniors relating to the income level for deduction of medical care expenses and to require high-income taxpayers to pay a fair share of taxes.
      • By 54 yeas to 45 nays (Vote No. 325), Paul Amendment No. 2915 (to Amendment No. 2874), to restore Second Amendment rights in the District of Columbia. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, was not agreed to.)
    • Withdrawn:
      • McCain/Klobuchar Amendment No. 2884 (to Amendment No. 2874), to amend the Federal Food, Drug, and Cosmetic Act to allow for the personal importation of safe and affordable drugs from approved pharmacies in Canada.
    • During consideration of this measure today, Senate also took the following action:
      • By 45 yeas to 55 nays (Vote No. 313), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 with respect to consideration of Brown Amendment No. 2883 (to Amendment No. 2874), to maintain the 100 percent FMAP for the Medicaid expansion population. Subsequently, a point of order that the amendment would cause the underlying legislation to exceed the authorizing committee’s 302(a) allocation of new budget authority or outlays was sustained, and the amendment thus fell.
      • By 46 yeas to 54 nays (Vote No. 315), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 with respect to consideration of Casey/Baldwin Amendment No. 2893 (to Amendment No. 2874), to amend the Internal Revenue Code of 1986 to establish a credit for married couples who are both employed and have young children. Subsequently, a point of order that the amendment would cause the underlying legislation to exceed the authorizing committee’s 302(a) allocation of new budget authority or outlays was sustained, and the amendment thus fell.
      • By 47 yeas to 52 nays (Vote No. 317), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 with respect to consideration of Shaheen Amendment No. 2892 (to Amendment No. 2874), to improve mental health and substance use prevention and treatment. Subsequently, a point of order that the amendment would cause the underlying legislation to exceed the authorizing committee’s 302(a) allocation of new budget authority or outlays was sustained, and the amendment thus fell.
      • By 55 yeas to 44 nays (Vote No. 318), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 and applicable budget resolutions with respect to consideration of Cornyn Amendment No. 2912 (to Amendment No. 2874), relating to the Protect America Act. Subsequently, a point of order that the amendment would violate section 313(b)(1)(c) of the Congressional Budget Act of 1974 was sustained, and the amendment thus fell.
      • By 45 yeas to 54 nays (Vote No. 319), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 with respect to consideration of Feinstein Amendment No. 2910 (to Amendment No. 2874), to increase public safety by permitting the Attorney General to deny the transfer of firearms or the issuance of firearms and explosives licenses to known or suspected dangerous terrorists. Subsequently, a point of order that the amendment would violate section 313(b)(1)(c) of the Congressional Budget Act of 1974 was sustained, and the amendment thus fell.
      • By 53 yeas to 46 nays (Vote No. 320), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 and applicable budget resolutions with respect to consideration of Grassley Amendment No. 2914 (to Amendment No. 2874), to address gun violence, improve the availability of records to the National Instant Criminal Background Check System, address mental illness in the criminal justice system, and end straw purchases and trafficking of illegal firearms. Subsequently, a point of order that the amendment would violate section 313(b)(1)(c) of the Congressional Budget Act of 1974 was sustained, and the amendment thus fell.
      • By 48 yeas to 50 nays (Vote No. 321), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 and applicable budget resolutions with respect to consideration of Manchin/D1274Toomey Amendment No. 2908 (to Amendment No. 2874), to protect Second Amendment rights, ensure that all individuals who should be prohibited from buying a firearm are listed in the National Instant Criminal Background Check System, and provide a responsible and consistent background check process. Subsequently, a point of order that the amendment would violate section 313(b)(1)(c) of the Congressional Budget Act of 1974 was sustained, and the amendment thus fell.
      • By 47 yeas to 52 nays (Vote No. 322), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 and applicable budget resolutions with respect to consideration of Bennet/Sanders Amendment No. 2907 (to Amendment No. 2874), to provide additional amounts to the Department of Veterans Affairs to increase the access of veterans to care and improve the physical infrastructure of the Department of Veterans Affairs and to impose a fair share tax on high-income taxpayers. Subsequently, a point of order that the amendment would cause the underlying legislation to exceed the authorizing committee’s 302(a) allocation of new budget authority or outlays was sustained, and the amendment thus fell.
      • By 52 yeas to 47 nays (Vote No. 326), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 and applicable budget resolutions with respect to consideration of Enzi (for McConnell) Amendment No. 2916 (to Amendment No. 2874), in the nature of a substitute. Subsequently, a point of order that section 105(b) of the amendment would violate section 313(b)(1)(d) of the Congressional Budget Act of 1974 was sustained, and section 105(b) was stricken.
      • By 45 yeas to 54 nays (Vote No. 327), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 and applicable budget resolutions with respect to consideration of Baldwin Amendment No. 2919 (to Amendment No. 2916), to ensure that individuals can keep their health insurance coverage. Subsequently, a point of order that the amendment would cause the underlying legislation to exceed the authorizing committee’s 302(a) allocation of new budget authority or outlays was sustained, and the amendment thus fell.
      • By 46 yeas to 53 nays (Vote No. 328), three-fifths of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected a motion to waive all applicable sections of the Congressional Budget Act of 1974 and applicable budget resolutions with respect to consideration of Murphy/Stabenow Amendment No. 2918 (to Amendment No. 2916), to protect victims of violence or disease, veterans, workers who have lost their health insurance and their jobs, and other vulnerable populations from the repeal of the advance premium tax credit. Subsequently, a point of order that the amendment would cause the underlying legislation to exceed the authorizing committee’s 302(a) allocation of new budget authority or outlays was sustained, and the amendment thus fell.
  • Conference Reports:
  • Developing a Reliable and Innovative Vision for the Economy Act: By 83 yeas to 16 nays (Vote No. 331), Senate agreed to the conference report to accompany H.R. 22, to authorize funds for Federal-aid highways, highway safety programs, and transit programs.
    • By 77 yeas to 22 nays (Vote No. 330) three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion to waive Rule XXVIII relative to section 32205 with respect to the conference report. Subsequently, the point of order under Rule XXVIII that section 32205, exceeds the scope of conference report to accompany the bill, was not sustained.
  • Every Child Achieves Act–Cloture: Senate began consideration of the conference report to accompany S. 1177, to reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves.
    • A motion was entered to close further debate on the conference report to accompany the bill, and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur on Tuesday, December 8, 2015.
  • McDonough Nomination–Agreement: A unanimous-consent-time agreement was reached providing that at 5 p.m., on Monday, December 7, 2015, Senate begin consideration of the nomination of Travis Randall McDonough, to be United States District Judge for the Eastern District of Tennessee; that there then be 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.

Today:

  • The Senate is not in session today.

 

Hearings Covered by W&J Today

 

No hearings scheduled.

 

Notable Legislation Introduced

  

ENERGY

H.R.4169 : To amend the Clean Air Act to prohibit any regulation under such Act concerning the emissions of carbon dioxide from a fossil fuel-fired electric generating unit from taking effect until the Administrator of the Environmental Protection Agency makes certain certifications, and for other purposes.
Sponsor: Rep Rothfus, Keith J. [PA-12] (introduced 12/3/2015) Cosponsors (10)
Committees: House Energy and Commerce
Latest Major Action: 12/3/2015 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

FINANCIAL SERVICES

H.R.4166 : To amend the Securities Exchange Act of 1934 to provide specific credit risk retention requirements to certain qualifying collateralized loan obligations.
Sponsor: Rep Barr, Andy [KY-6] (introduced 12/3/2015) Cosponsors (1)
Committees: House Financial Services
Latest Major Action: 12/3/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.4168 : To amend the Small Business Investment Incentive Act of 1980 to require an annual review by the Securities and Exchange Commission of the annual government-business forum on capital formation that is held pursuant to such Act.
Sponsor: Rep Poliquin, Bruce [ME-2] (introduced 12/3/2015) Cosponsors (1)
Committees: House Financial Services
Latest Major Action: 12/3/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.4172 : To amend the Fair Credit Reporting Act to clarify Federal law with respect to reporting certain positive consumer credit information to consumer reporting agencies, and for other purposes.
Sponsor: Rep Ellison, Keith [MN-5] (introduced 12/3/2015) Cosponsors (18)
Committees: House Financial Services
Latest Major Action: 12/3/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.4182 : To require the lender or servicer of a home mortgage, upon a request by the homeowner for a short sale, to make a prompt decision whether to allow the sale.
Sponsor: Rep Rooney, Thomas J. [FL-17] (introduced 12/3/2015) Cosponsors (1)
Committees: House Financial Services
Latest Major Action: 12/3/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

S.2355 : A bill to amend the Fair Credit Reporting Act to clarify Federal law with respect to reporting certain positive consumer credit information to consumer reporting agencies, and for other purposes.
Sponsor: Sen Kirk, Mark Steven [IL] (introduced 12/3/2015) Cosponsors (1)
Committees: Senate Banking, Housing, and Urban Affairs
Latest Major Action: 12/3/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

HEALTH

S.2349 : A bill to amend title XVIII of the Social Security Act to require the annual reporting of data on enrollment in Medicare Advantage plans.
Sponsor: Sen Heller, Dean [NV] (introduced 12/3/2015) Cosponsors (None)
Committees: Senate Finance
Latest Major Action: 12/3/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

S.2351 : A bill to amend title XVIII of the Social Security Act to extend the annual comment period for payment rates under Medicare Advantage.
Sponsor: Sen Isakson, Johnny [GA] (introduced 12/3/2015) Cosponsors (None)
Committees: Senate Finance
Latest Major Action: 12/3/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TAX

H.R.4178 : To amend the Internal Revenue Code of 1986 to extend the work opportunity tax credit and to allow small employers a credit against income tax for hiring individuals receiving unemployment compensation.
Sponsor: Rep Lowenthal, Alan S. [CA-47] (introduced 12/3/2015) Cosponsors (2)
Committees: House Ways and Means
Latest Major Action: 12/3/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

H.R.4181 : To amend the Internal Revenue Code of 1986 to modify the incentives for the production of biodiesel.
Sponsor: Rep Noem, Kristi L. [SD] (introduced 12/3/2015) Cosponsors (2)
Committees: House Ways and Means
Latest Major Action: 12/3/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

S.2350 : A bill to amend the Internal Revenue Code of 1986 to provide for full expensing of tangible property.
Sponsor: Sen Paul, Rand [KY] (introduced 12/3/2015) Cosponsors (None)
Committees: Senate Finance
Latest Major Action: 12/3/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

S.2353 : A bill to amend the Internal Revenue Code of 1986 to extend and modify the incentives for biodiesel.
Sponsor: Sen Grassley, Chuck [IA] (introduced 12/3/2015) Cosponsors (1)
Committees: Senate Finance
Latest Major Action: 12/3/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

S.2354 : A bill to amend the Internal Revenue Code of 1986 to provide a credit to employers who provide paid family and medical leave, and for other purposes.
Sponsor: Sen Fischer, Deb [NE] (introduced 12/3/2015) Cosponsors (1)
Committees: Senate Finance
Latest Major Action: 12/3/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

 

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