Today’s Daily Update

House is expected to complete consideration of H.R. 5620— VA Accountability First and Appeals Modernization Act and is also expected to consider H.R. 5226 — Regulatory Integrity Act. The Senate will resume consideration of S.2848, WRDA.

House

 

Yesterday:

  • Halt Tax Increases on the Middle Class and Seniors Act: 
    The House passed H.R. 3590, to amend the Internal Revenue Code of 1986 to repeal the increase in the income threshold used in determining the deduction for medical care, by a yea-and-nay vote of 261 yeas to 147 nays, Roll No. 502.
  • Pursuant to the Rule, the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill shall be considered as adopted.
  • H. Res. 858, the rule providing for consideration of the bill (H.R. 3590) was agreed to by a recorded vote of 239 ayes to 169 noes, Roll No. 501, after the previous question was ordered by a yea-and-nay vote of 237 yeas to 171 nays, Roll No. 500.
  • Suspensions:
    • The House agreed to suspend the rules and pass the following measures: Strengthening Career and Technical Education for the 21st Century Act: 
      H.R. 5587, amended, to reauthorize the Carl D. Perkins Career and Technical Education Act of 2006, by a \2/3\ yea-and-nay vote of 405 yeas to 5 nays, Roll No. 503; and 
    • Department of Veterans Affairs Expiring Authorities Act of 2016: H.R. 5985, amended, to amend title 38, United States Code, to extend certain expiring provisions of law administered by the Secretary of Veterans Affairs.
  • Suspension–Proceedings Resumed: 
    • The House agreed to suspend the rules and agree to the following measure which was debated on Monday, September 12th: 
      Expressing support for the expeditious consideration and finalization of a new, robust, and long-term Memorandum of Understanding on military assistance to Israel between the United States Government and the Government of Israel: H. Res. 729, expressing support for the expeditious consideration and finalization of a new, robust, and long-term Memorandum of Understanding on military assistance to Israel between the United States Government and the Government of Israel, by a \2/3\ yea-and-nay vote of 405 yeas to 4 nays, Roll No. 504.
    • VA Accountability First and Appeals Modernization Act of 2016: The House began consideration of H.R. 5620, to amend title 38, United States Code, to provide for the removal or demotion of employees of the Department of Veterans Affairs based on performance or misconduct. Consideration is expected to resume tomorrow, September 14th.
  • Agreed to: 
    • Miller (FL) manager’s amendment (No. 1 printed in H. Rept. 114–742) that makes technical and conforming changes to the bill and aligns the due process procedures for the recoupment provisions of the bill;
    • Michelle Lujan Grisham (NM) amendment (No. 4 printed in H. Rept. 114–742) that adds Members of Congress to the reporting requirements;
    • Takano amendment (No. 6 printed in H. Rept. 114–742), as modified, that adds section 8, Office of Accountability and Whistleblower Protection, to the bill;
    • Newhouse amendment (No. 7 printed in H. Rept. 114–742) that applies the statutory requirements of the Emergency Medical Treatment and Labor Act (EMTALA) to emergency care furnished by the VA to enrolled veterans; requires every enrolled veteran who arrives at the emergency department of a VA medical facility, and indicates an emergency condition exists, be assessed and treated in an effort to prevent further injury or death;
    • Takano amendment (No. 10 printed in H. Rept. 114–742) that provides the sense of the Congress honoring American veterans disabled for life and encouraging Americans to do so each year;
    • Takano amendment (No. 11 printed in H. Rept. 114–742) that establishes positions of Directors of Veterans Integrated Service Networks (VISN) in the VA’s Office of Undersecretary for Health;
    • Keating amendment (No. 12 printed in H. Rept. 114–742) that directs healthcare providers with VA affiliation to take continuing education courses specific to pain management, opioids, and substance abuse; and
    • Lowenthal amendment (No. 13 printed in H. Rept. 114–742) that requires the Secretary of Veterans Affairs or a designee to review covered whistleblower complaints quarterly.
  • Withdrawn:
    • Schweikert amendment (No. 8 printed in H. Rept. 114–742) that was offered and subsequently withdrawn that would have required that the VA use distributive ledger technology when scheduling healthcare appointments to ensure transparency and accountability 1 year after enactment.
  • Proceedings Postponed:
    • Walz amendment (No. 2 printed in H. Rept. 114–742) that seeks to strike sections 2 through 8 and section 10;
    • Takano amendment (No. 3 printed in H. Rept. 114–742) that seeks to replace Section 3 with a new provision allowing the Secretary to suspend without pay any VA employee whose performance or misconduct threatens public health or safety, including the health and safety of veterans; and may remove a suspended employee after such investigation and review as the Secretary considers necessary, if the Secretary determines removal is in the interests of public health and safety; and
    • Kuster amendment (No. 5 printed in H. Rept. 114–742) that seeks to replace Section 7 with S. 2921 Section 113, which contains an improved process to expedite the removal or demotion of a member of the Senior Executive Service.
    • H. Res. 859, the rule providing for consideration of the bill (H.R. 5620) was agreed to by a yea-and-nay vote of 241 yeas to 169 nays, Roll No. 499, after the previous question was ordered by a yea-and-nay vote of 237 yeas to 170 nays, Roll No. 498.

Today:

Noon

  • The House reconvenes at noon for legislative business. The chamber is expected to complete consideration of a bill (HR 5620) that would expand the ability of the Veterans Affairs (VA) Department to fire or demote VA employees based on performance or misconduct. It is also expected to consider a bill (HR 5226) that would require each federal agency to maintain an online searchable list of regulatory actions and communications it makes.

Time TBA

  • Bills: HR 5620 — VA Accountability First and Appeals Modernization Act

Time TBA

  • Bills: HR 5226 — Regulatory Integrity Act

 Senate

 

Yesterday:

  • Measures Considered:
    • Water Resources Development Act–Agreement: Senate continued consideration of S. 2848, to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, taking action on the following amendments proposed thereto:
      • Adopted:
        • Inhofe/Boxer Modified Amendment No. 5042 (to Amendment No. 4979), of a perfecting nature. 
      • Pending:
        • McConnell (for Inhofe) Amendment No. 4979, in the nature of a substitute. 
    • During consideration of this measure today, Senate also took the following action: Inhofe Amendment No. 4980 (to Amendment No. 4979), to make a technical correction, fell when Inhofe/Boxer Amendment No. 5042 (to Amendment No. 4979) was agreed to.
  • A unanimous-consent agreement was reached providing for further consideration of the bill at 11 a.m., on Wednesday, September 14, 2016; that notwithstanding the provisions of rule XXII, all post-cloture time with respect to McConnell (for Inhofe) Amendment No. 4979 (listed above) expire at 2:45 p.m.; and that if cloture on the bill, as amended, if amended, is invoked, the post-cloture time count as if cloture was invoked at 1 a.m., on Wednesday, September 14, 2016. 

Today:

  • The Senate stands adjourned until 9:30am on Wednesday, September 14, 2016.
  • Following any Leader remarks, the Senate will be in a period of morning business until 11:00am, with the Democrats controlling the time from 10:00am to 10:30am, and the Republicans controlling the time from 10:30am to 11:00am.
  • Following morning business, the Senate will resume consideration of S.2848, WRDA
  • At 2:45pm, all post-cloture time with respect to Inhofe-Boxer substitute amendment #4979, as amended, will be considered expired.
  • We expect the Republicans to raise a budget point of order against the substitute tomorrow. If raised, the Senate would vote on the motion to waive the budget point of order.
  • If waived, the Senate would then vote on adoption of the substitute amendment, as amended. The Senate will then immediately vote on the motion to invoke cloture on S.2848, as amended, if amended.
  • By consent, if cloture is invoked, the post-cloture debate time will count as if cloture was invoked at 1:00am, Wednesday, September 14th.
  • 2:45pm– up to 3 votes (2 roll call votes expected):
    • Motion to waive the budget point of order
    • Adoption of Inhofe-Boxer substitute amendment #4979, as amended (voice vote expected).
    • Motion to invoke cloture on S.2848, WRDA, as amended, if amended.

 

Hearings Covered by W&J Today

 

House Oversight and Government Reform Committee
“Examining the Affordable Care Act’s Premium Increases”

House Agriculture Committee
“American Agricultural Trade with Cuba”

STA Annual Conference

House Ways and Means Committee
Full Committee Markup

House Energy & Commerce
The Affordable Care Act on Shaky Ground: Outlook and Oversight

 

Notable Legislation Introduced

 

Financial Services

S.3318 — 114th Congress (2015-2016)
A bill to amend the Consumer Financial Protection Act of 2010 to subject the Bureau of Consumer Financial Protection to the regular appropriations process, and for other purposes.
Sponsor: Sen. Perdue, David [R-GA] (Introduced 09/13/2016) Cosponsors: (0)
Latest Action: 09/13/2016 Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Health

H.R.6019 — 114th Congress (2015-2016)
To amend the Internal Revenue Code of 1986 to provide an exemption to the individual mandate to maintain health coverage for certain individuals whose premium has increased by more than 10 percent, and for other purposes.
Sponsor: Rep. Young, Todd C. [R-IN-9] (Introduced 09/13/2016) Cosponsors: (0)
Committees: House – Ways and Means
Latest Action: 09/13/2016 Referred to the House Committee on Ways and Means.

H.R.6018 — 114th Congress (2015-2016)
To waive the essential health benefits requirements for certain States.
Sponsor: Rep. Young, Don [R-AK-At Large] (Introduced 09/13/2016) Cosponsors: (0)
Committees: House – Energy and Commerce
Latest Action: 09/13/2016 Referred to the House Committee on Energy and Commerce.

H.R.6012 — 114th Congress (2015-2016)
To amend title XVIII of the Social Security Act to preserve Medicare beneficiary access to ventilators, and for other purposes.
Sponsor: Rep. Bucshon, Larry [R-IN-8] (Introduced 09/13/2016) Cosponsors: (0)
Committees: House – Energy and Commerce, Ways and Means
Latest Action: 09/13/2016 Referred to House Ways and Means

H.R.6011 — 114th Congress (2015-2016)
To require that the Centers for Medicare & Medicaid Services has in place adequate verification procedures to ensure that advance payments under the Patient Protection and Affordable Care Act are made for only enrollees under qualified health plans who have paid their premiums.
Sponsor: Rep. Bilirakis, Gus M. [R-FL-12] (Introduced 09/13/2016) Cosponsors: (0)
Committees: House – Energy and Commerce, Ways and Means
Latest Action: 09/13/2016 Referred to House Ways and Means

H.R.6010 — 114th Congress (2015-2016)
To amend the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention to establish a registry of women who are diagnosed during pregnancy as having been infected with Zika virus and the children of such women, and for other purposes.
Sponsor: Rep. Bilirakis, Gus M. [R-FL-12] (Introduced 09/13/2016) Cosponsors: (5)
Committees: House – Energy and Commerce
Latest Action: 09/13/2016 Referred to the House Committee on Energy and Commerce.

S.3320 — 114th Congress (2015-2016)
A bill to waive the essential health benefits requirements for certain States.
Sponsor: Sen. Sullivan, Dan [R-AK] (Introduced 09/13/2016) Cosponsors: (1)
Committees: Senate – Health, Education, Labor, and Pensions
Latest Action: 09/13/2016 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Tax

H.R.6015 — 114th Congress (2015-2016)
To amend the Internal Revenue Code of 1986 to provide for the treatment of certain direct primary care service arrangements and periodic provider fees.
Sponsor: Rep. Paulsen, Erik [R-MN-3] (Introduced 09/13/2016) Cosponsors: (1)
Committees: House – Ways and Means
Latest Action: 09/13/2016 Referred to the House Committee on Ways and Means.

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