Today’s Daily Update

The House will complete consideration of H.R. 4974 – Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2017. The Senate will resume consideration of H.R.2577, THUD/Milcon-VA appropriations.

House

 

Yesterday:

  • Suspension: The House failed to agree to suspend the rules and pass the following measure:
  • Reducing Regulatory Burdens Act: H.R. 897, amended, to amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, by a \2/3\ yea-and-nay vote of 262 yeas to 159 nays, Roll No. 199.
  • Motion to Instruct Conferees: The House rejected the Esty motion to instruct conferees on S. 524 by a yea-and-nay vote of 182 yeas to 236 nays, Roll No. 198. The motion was debated Friday, May 13th.
  • Subsequently, the Chair appointed the following conferees:
    • For consideration of the Senate bill and the House amendments, and modifications committed to conference: Representatives Upton, Pitts, Lance, Guthrie, Kinzinger (IL), Bucshon, Brooks (IN), Goodlatte, Sensenbrenner, Smith (TX), Marino, Collins (GA), Trott, Bishop (MI), McCarthy, Pallone, Ben Ray Lujan (NM), Sarbanes, Gene Green (TX), Conyers, Jackson Lee, Judy Chu (CA), Cohen, Esty, Kuster, and Courtney.
  • From the Committee on Education and the Workforce, for consideration of title VII of the House amendment, and modifications committed to conference: Representatives Barletta, Carter (GA), and Scott (VA).
    From the Committee on Veterans’ Affairs, for consideration of title III of the House amendment, and modifications committed to conference: Representatives Bilirakis, Walorski, and Ruiz.
  • From the Committee on Ways and Means, for consideration of sec. 705 of the Senate bill, and sec. 804 of the House amendment, and modifications committed to conference: Representatives Meehan, Dold, and McDermott.
  • National Defense Authorization Act for Fiscal Year 2017: The House began consideration of H.R. 4909, to authorize appropriations for fiscal year 2017 for military activities of the Department of Defense and for military construction, and to prescribe military personnel strengths for such fiscal year. Consideration is expected to resume tomorrow, May 18th.
    • Pursuant to the Rule, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-51, modified by the amendment printed in part A of H. Rept. 114-569, shall be considered as adopted in the House and in the Committee of the Whole, in lieu of the amendment in the nature of a substitute recommended by the Committee on Armed Services now printed in the bill. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule.
    • Agreed to:
      • Thornberry amendment (No. 1 printed in part B of H. Rept. 114-569) that clarifies that the special transfer authority in section 1702 is subject to appropriation Acts;
      • Thornberry en bloc amendment No. 1, as modified, consisting of the following amendments printed in part B of H. Rept. 114-569: McKinley (No. 4); Guthrie (No. 5); Gallego (No. 6); Graves (MO) (No. 7),; Jackson Lee (No. 8); Jackson Lee (No. 9); Hunter (No. 15); Royce (No. 17); Moore (No. 20); Forbes (No. 21); Graves (MO) (No. 23); and Adams (No. 27);
      • Westerman amendment (No. 2 printed in part B of H. Rept. 114-569) that provides an additional $82.4 million for the Surface-To-Air missile MSE program that mitigates critical shortfall in Army War Reserve requirements; takes $82.4 million from Atomic Energy Defense Activities, National Nuclear Security Administration, Defense Nuclear Nonproliferation, Material management and minimization account;
      • Thornberry amendment (No. 11 printed in part B of H. Rept. 114-569) that amends Section 101 of the National Security Act of 1947 to address the National Security Council’s enlarged staff size and subsequent micromanagement of military operations, which is inconsistent with its statutory advisory and coordination roles; also increases oversight and accountability by requiring Senate confirmation of the National Security Advisor if the staff size of the National Security Council exceeds 100 employees;
      • Walorski amendment (No. 13 printed in part B of H. Rept. 114-569) that amends the Freedom of Information Act to include the National Security Council (NSC) and makes the FOIA requirement effective after Senate confirmation of National Security Advisor;
      • Thornberry en bloc amendment No. 2 consisting of the following amendments printed in part B of H. Rept. 114-569: Calvert (No. 19); Collins (NY) (No. 28); Russell (No. 29); Costa (No. 30); McKinley (No. 31); Meng (No. 32); Palmer (No. 33); Sewell (AL) (No. 34); Takano (No. 35); Grayson (No. 36); Bost (No. 37); and DelBene (No. 38);
      • Kelly (PA) amendment (No. 16 printed in part B of H. Rept. 114-569) that prohibits funds from being used to destroy anti-personnel landmine munitions unless the Secretary of Defense submits a report on research into operational alternatives to these munitions;
      • Walorski amendment (No. 18 printed in part B of H. Rept. 114-569) that requires the United States Government and the government of a foreign country to enter into a written memorandum of understanding regarding the transfer of an individual from Guantanamo Bay and transmitted to the Congress;
      • Thornberry en bloc amendment No. 3 consisting of the following amendments printed in part B of H. Rept. 114-569: Turner (No. 22); Hanna (No. 24); Bera (No. 39); McGovern (No. 40); Grayson (No. 41); Carter (TX) (No. 42); Wilson (SC) (No. 43); Wilson (SC) (No. 44); Beyer (No. 45); Burgess (No. 46); Turner (No. 47); Frankel (FL) (No. 49); and Beyer (No. 50);
      • Thornberry en bloc amendment No. 4 consisting of the following amendments printed in part B of H. Rept. 114-569: Zeldin (No. 48); Trott (No. 51); Vela (No. 52); Thornberry (No. 53); Nolan (No. 54); Aguilar (No. 55); Dold (No. 56); Judy Chu (CA) (No. 57); Perlmutter (No. 58); Pompeo (No. 59); and McSally (No. 61);
      • Rogers (AL) amendment (No. 26 printed in part B of H. Rept. 114-569) that fences 50% of the funds for the Office of the Secretary of Energy until he provides a specific report to the specified congressional committees; and
      • Zinke amendment (No. 60 printed in part B of H. Rept. 114-569), as modified, that ensures the security of our land-based nuclear forces and ensures an acquisition strategy that will field a UH 1N replacement aircraft in fiscal year 2018; adds a new section titled Requests for Forces to Meet Security Requirements for Land-Based Nuclear Forces.
    • Rejected:
      • Garamendi amendment (No. 3 printed in part B of H. Rept. 114-569) that sought to reduce the authorization for the Ground Based Strategic Deterrent program by $17.93 million, the amount identified by the Government Accountability Office as in excess of program need for Fiscal Year 2016; increase the authorization for Air Force procurement of Large Aircraft Infrared Countermeasures by $17.93 million to address an unfunded requirement identified by the Air Force; and
      • Larsen (WA) amendment (No. 25 printed in part B of H. Rept. 114-569) that sought to amend waiver on prohibition of use of atomic energy defense funding for work with Russia to allow the Secretary of Energy to issue waiver if activity will significantly reduce the nuclear threat, regardless of backlog at DOE defense nuclear facilities.
    • Proceedings Postponed:
      • McKinley amendment (No. 10 printed in part B of H. Rept. 114-569) that seeks to require the Secretary of Defense to ensure that every tactical missile program of the Department of Defense that uses solid propellant as the primary propulsion system shall have at least two fully certified rocket motor suppliers in the event that one of the rocket motor suppliers is outside the national technology and industrial base;
      • Nadler amendment (No. 12 printed in part B of H. Rept. 114-569) that seeks to remove funding prohibitions on the closure of the prison at Guantanamo Bay, Cuba; and
      • Poe (TX) amendment (No. 14 printed in part B of H. Rept. 114-569), as modified, that seeks to insert a proposed new text for Sec. 1048.
    • H. Res. 732, the rule providing for consideration of the bill (H.R. 4909) was agreed to by a recorded vote of 234 ayes to 181 noes, Roll No. 197, after the previous question was ordered by a yea-and-nay vote of 239 yeas to 177 nays, Roll No. 196.

Today:

  • On Thursday, the House will meet at 9:00 a.m. for legislative business. First and last votes expected: 10:30-11:30 a.m.
  • Complete Consideration of H.R. 4974 – Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2017 (Modified Open Rule) (Sponsored by Rep. Charlie Dent / 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 no pro forma amendments shall be in order except by the Chair and Ranking Member or their designees may offer up to 10 pro forma amendments each at any point for the purpose of debate.
    • Postponed Amendment Votes:
      • Rep. Mick Mulvaney Amendment #1
      • Rep. Mick Mulvaney Amendment #2
      • Rep. Mick Mulvaney Amendment #3
      • Rep. Mick Mulvaney Amendment #4
      • Rep. Earl Blumenauer Amendment
      • Rep. John Fleming Amendment
      • Rep. Jared Huffman Amendment

 

Senate

 

Yesterday:

  • Measures Considered:
  • Transportation, Housing and Urban Development, and Related Agencies Appropriations Act–Agreement: Senate continued 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, taking action on the following amendments proposed thereto:
    • Adopted:
      • Collins (for King) Amendment No. 3934 (to Amendment No. 3896), to authorize the use of funds to carry out a matching program with the Department of Education to identify veterans who are unemployable due to a service-connected disability and who are also borrowers of Federal student loans in order to streamline and expedite the process through which such veterans may discharge their Federal student loans.
      • Collins (for Rubio) Amendment No. 3918 (to Amendment No. 3896), to shorten the time given to a property owner to respond to a violation of a contract and the time given to the Secretary to develop a Compliance, Disposition, and Enforcement Plan.
      • Collins (for Heller) Amendment No. 3905 (to Amendment No. 3896), to prohibit funds from being used to provide housing assistance benefits to individuals convicted of certain criminal offenses.
      • Collins (for Rubio) Amendment No. 3926 (to Amendment No. 3896), to determine the effectiveness of Real Estate Assessment Center physical inspections.
      • Collins (for Manchin) Amendment No. 3961 (to Amendment No. 3896), to allow airports to use airport improvement program funds to repair damage to runway safety areas caused by natural disasters.
      • Collins (for Booker) Amendment No. 3941 (to Amendment No. 3896), to slightly modify the scope of projects eligible for railroad safety grants.
      • Kirk (for Tester/Kirk) Amendment No. 3914 (to Amendment No. 3896), to require the Comptroller General of the United States to submit to Congress a report evaluating force structure and military construction requirements in Europe.
      • Kirk/Tester Amendment No. 3938 (to Amendment No. 3896), to make a technical correction to section 132 of title I of division J of Public Law 114-113.
      • Kirk (for Heller) Amendment No. 3948 (to Amendment No. 3896), to modify the contents of the quarterly report on disability compensation claims.
      • Kirk (for Heitkamp/Collins) Amendment No. 3954 (to Amendment No. 3896), to require coordination within the Department of Veterans Affairs to meet the readjustment and psychological counseling needs of veterans in rural and highly rural communities.
      • Kirk (for Bennet) Amendment No. 3971 (to Amendment No. 3896), to authorize the Secretary of Veterans Affairs to provide monthly assistance allowance to disabled veterans training to compete on the United States Olympic Team.
    • Pending:
      • Collins Amendment No. 3896, in the nature of a substitute.
      • McConnell (for Lee) Amendment No. 3897 (to Amendment No. 3896), to prohibit the use of funds to carry out a rule and notice of the Department of Housing and Urban Development.
      • McConnell (for Nelson/Rubio) Amendment No. 3898 (to Amendment No. 3896), making supplemental appropriations for fiscal year 2016 to respond to Zika virus.
      • McConnell (for Cornyn) Modified Amendment No. 3899 (to Amendment No. 3896), making emergency supplemental appropriations for the fiscal year ending September 30, 2016.
      • McConnell (for Blunt) Modified Amendment No. 3900 (to Amendment No. 3896), Zika response and preparedness.
      • Collins (for Blunt) Amendment No. 3946 (to Amendment No. 3900), to require the periodic submission of spending plan updates to the Committee on Appropriations.
    • A motion was entered to close further debate on Collins Amendment No. 3896 (listed above), 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 McConnell (for Blunt) Modified Amendment No. 3900 (to Amendment No. 3896) (listed above).
    • 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 Amendment No. 3896.
    • During consideration of this measure today, Senate also took the following action:
      • By 50 yeas to 47 nays (Vote No. 73), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to close further debate on McConnell (for Nelson/Rubio) Amendment No. 3898 (to Amendment No. 3896) (listed above).
      • By 52 yeas to 45 nays (Vote No. 74), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to close further debate on McConnell (for Cornyn) Modified Amendment No. 3899 (to Amendment No. 3896) (listed above).
      • By 68 yeas to 29 nays (Vote No. 75), three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion to close further debate on McConnell (for Blunt) Modified Amendment No. 3900 (to Amendment No. 3896).
    • A unanimous-consent agreement was reached providing that notwithstanding the Monday, May 16, 2016 adoption of Collins (for Feinstein/Portman) Amendment No. 3922 (to Amendment No. 3896), to allow jurisdictions to maintain access to certain funds deposited in their HOME Investment Trust Fund that would otherwise expire, be modified with the changes at the desk.
    • A unanimous-consent agreement was reached providing for further consideration of the bill at approximately 10:30 a.m., on Wednesday, May 18, 2016; and that all time during the adjournment and morning business count post-cloture on McConnell (for Blunt) Modified Amendment No. 3900 (to Amendment No. 3896).

Today:

  • The Senate stands adjourned until 9:30am on Thursday, May 19, 2016.
  • Following any Leader remarks, the Senate will resume consideration of H.R.2577, THUD/Milcon-VA appropriations with the time until 11:15am equally divided between the Managers or their designees.
  • At 11:15am, all post-cloture time will be considered expired on the Blunt-Murray amendment #3900 (Zika funding). We expect Senator Lee to raise a budget point of order against the Blunt-Murray amendment. If raised and waived, the Senate will then vote on adoption of the amendment.
  • By the rules, upon disposition of the Blunt-Murray amendment, the Senate will vote on the motion to invoke cloture on the Collins substitute amendment #3896. Further, if cloture is invoked on the substitute, the Cornyn amendment #3899 and Nelson amendment #3898 will be withdrawn and it is in order for Senator Collins to call up amendment #3970, with no second degrees in order to the Collins amendment #3970 or the Lee amendment #3897.
  • In an effort to complete action on the bill, further roll call votes are expected during Thursday’s session.
  • Thursday at 11:15am – 3 roll call votes expected
    • Collins motion to waive Lee budget point of order with respect to Blunt-Murray SA #3900 on Zika funding;
    • Adoption of Blunt-Murray amendment #3900 (Zika funding); and
    • Cloture on substitute amendment #3896 to H.R.2577, THUD/MilCon-VA appropriations.
  • Amendments pending to H.R.2577, THUD/Milcon-VA
    • Collins SA #3896 (substitute)
    • Lee SA #3897 (affirmative action/housing)
    • Nelson SA #3898 ($1.9 billion Zika funding)
    • Cornyn SA #3899, as modified ($1.1 billion Zika funding, $1.2billion offset through ACA prevention fund cut)
    • Blunt-Murray SA #3900, as modified ($1.1 billion Zika funding)
    • Blunt SA #3946 to SA #3900 (spending updates)
    • McCain-Blumenthal SA #4039 (Vets Choice)

 

Hearings Covered by W&J Today

 

House Natural Resources
“Examining Deficiencies in Transparency at the Department of the Interior”

House Financial Services
“Settling the Question: Did Bank Settlement Agreements Subvert Congressional Appropriations Powers?”

Senate Banking, Housing and Urban Affairs Committee
“Improving Communities and Businesses Access to Capital and Economic Development”

House Energy and Commerce
“Examining H.R. 3299, Strengthening Public Health Response Act”

Senate Judiciary
Pending Nominations/Legislation

Senate Appropriations
“Markup of the FY17 Agriculture Appropriations Bill and the FY17 Legislative Branch Appropriations Bill”

PHMSA
“Public Workshop on Liquefied Natural Gas (LNG) Regulations”

Senate Judiciary
“Declining Deportations and Increasing Criminal Alien Releases – The Lawless Immigration Policies of the Obama Administration.”

Notable Legislation Introduced

 

DEFENSE

S.2943: An original bill to authorize appropriations for fiscal year 2017 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.
Sponsor: Sen McCain, John [AZ] (introduced 5/18/2016) Cosponsors (None)
Committees: Senate Armed Services
Senate Reports: 114-255
Latest Major Action: 5/18/2016 Placed on Senate Legislative Calendar under General Orders. Calendar No. 469.

HEALTH

H.R.5273: To amend title XVIII of the Social Security Act to provide for regulatory relief under the Medicare program for certain providers of services and suppliers and increased transparency in hospital coding and enrollment data, and for other purposes.
Sponsor: Rep Tiberi, Patrick J. [OH-12] (introduced 5/18/2016) Cosponsors (1)
Committees: House Ways and Means; House Energy and Commerce
Latest Major Action: 5/18/2016 Referred to House committee. Status: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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.

FINANCIAL SERVICES

H.R.5276: To prohibit the provision of Federal funds to State, territory, and local governments for payment of obligations, to prohibit the Board of Governors of the Federal Reserve System from financially assisting State and local governments, and for other purposes.
Sponsor: Rep Barr, Andy [KY-6] (introduced 5/18/2016) Cosponsors (23)
Committees: House Oversight and Government Reform; House Financial Services
Latest Major Action: 5/18/2016 Referred to House committee. Status: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Financial Services, 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.

PUERTO RICO

H.R.5278: To establish an Oversight Board to assist the Government of Puerto Rico, including instrumentalities, in managing its public finances, and for other purposes.
Sponsor: Rep Duffy, Sean P. [WI-7] (introduced 5/18/2016) Cosponsors (2)
Committees: House Natural Resources; House Judiciary; House Education and the Workforce; House Small Business
Latest Major Action: 5/18/2016 Referred to House committee. Status: Referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Education and the Workforce, and Small Business, 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.

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