Today’s Daily Update

The House will consider H.R. 238 – Commodity End-User Relief Act. The Senate stands adjourned until 12:30pm upon which time the Senate will be in a period of morning business.

House

 

Yesterday

  • Summary of Legislative Business:
    • Ordering the Previous Question on H.Res. 40 — “Providing for consideration of the bill (H.R. 78) to improve the consideration by the Securities and Exchange Commission of the costs and benefits of its regulations and orders; providing for consideration of the bill (H.R. 238) to reauthorize the Commodity Futures Trading Commission, to better protect futures customers, to provide end-users with market certainty, to make basic reforms to ensure transparency and accountability at the Commission, to help farmers, ranchers, and end-users manage risks, to help keep consumer costs low, and for other purposes; and for other purposes.”
      • – ADOPTED 232 – 168, Roll Call No. 32
        • Republican YEA – 232; NAY – 0
        • Democrat YEA – 0; NAY – 168
    • H.Res. 40 — “Providing for consideration of the bill (H.R. 78) to improve the consideration by the Securities and Exchange Commission of the costs and benefits of its regulations and orders; providing for consideration of the bill (H.R. 238) to reauthorize the Commodity Futures Trading Commission, to better protect futures customers, to provide end-users with market certainty, to make basic reforms to ensure transparency and accountability at the Commission, to help farmers, ranchers, and end-users manage risks, to help keep consumer costs low, and for other purposes; and for other purposes.”
      • – ADOPTED 233 – 170, Roll Call No. 33
        • Republican YEA – 232; NAY – 1
        • Democrat YEA – 1; NAY – 169
    • H.R. 39 – “To amend title 5, United States Code, to codify the Presidential Innovation Fellows Program, and for other purposes.”
      • – ON THE MOTION TO SUSPEND THE RULES AND PASS THE BILL
        • –  PASSED 386 – 17, Roll Call No. 34
          • Republican YEA – 217; NAY – 17
          • Democrat YEA – 169; NAY – 0
    • Goodlatte (R-VA) – Amendment No. 1 – “Manager’s Amendment Revises section 2 of title II of the bill to restrain courts from making unwarranted findings of implied delegations of legislative rulemaking authority or reading ambiguous terms to extend agency authority expansively.”
      • – ADOPTED 235 – 185, Roll Call No. 35
        • Republican YEA – 234; NAY – 0
        • Democrat YEA – 3; NAY – 185
    • Chaffetz (R-UT) – Amendment No. 2 – “Requires OMB’s Office of Information and Regulatory Affairs (OIRA) to issue within 270 days of the bill’s enactment government-wide guidelines for cost-benefit analysis, risk assessment, and guidance practices.”
      • – ADOPTED BY VOICE
    • Chabot (R-OH) – Amendment No. 3 – “Requires agencies to include economic assessments or summaries thereof in certifications that proposed rules will not have a “significant economic impact on a substantial number of small entities;” ensures that any agency decision not to conduct full regulatory flexibility analysis under the Regulatory Flexibility Act is supported by data.”
      • – ADOPTED BY VOICE
    • Velazquez (D-NY) – Amendment No. 4 – “Strikes title III of the bill and replaces it with a substitute set of less ambitious, incremental reforms to the Regulatory Flexibility Act.”
      • – REJCTED BY VOICE
    • Peterson (D-MN) – Amendment No. 5 – “Prohibits agencies from engaging in biased advocacy to the public to solicit support or opposition to a proposed rule.”
      • – ADOPTED 260 – 161, Roll Call No. 36
        • Republican YEA – 226; NAY – 7
        • Democrat YEA – 34; NAY – 154
    • Graves (R-LA) – Amendment No. 6 – “Strengthens the bill’s requirements for retrospective review of major rules by requiring retrospective review every five years; requires reports to Congress and reopening of major rule makings when reviews show actual costs of major rules exceed initially anticipated costs.”
      • – ADOPTED BY VOICE
    • Young (R-IA) – Amendment No. 7 – “Requires White House good-guidance guidelines to foster the provision of grace periods of at least 90 days for regulated entities to implement measures consistent with new agency guidance.”
      • – ADOPTED BY VOICE
    • Castor (D-FL) – Amendment No. 8 – “Ensures that any rule intended to protect public health and welfare is exempted from the requirements of the bill; strikes the bill’s provisions assuring full judicial review of rules and eliminating judicial deference to agency interpretations of statutes and regulations.”
      • – REJECTED 189 – 231, Roll Call No. 37
        • Republican YEA – 2; NAY – 229
        • Democrat YEA – 187; NAY – 2
    • Cicilline (D-RI) – Amendment No. 9 – “Exempts from the bill’s rule making reforms rules regarding transmission of food-borne illness and other food safety issues; strikes the bill’s provisions assuring full judicial review and eliminating judicial deference to agency interpretations of statutes and regulations.”
      • – REJECTED 190 – 232, Roll Call No. 38
        • Republican YEA – 1; NAY – 232
        • Democrat YEA – 189; NAY – 0
    • Johnson (D-GA) – Amendment No. 10 – “Exempts from the bill’s rule making reforms rules that attempt to foster employment, retention, and higher wages for workplace participants, including those with significant barriers to employment, such as those with disabilities or limited English proficiency; strikes the bill’s provisions assuring full judicial review and eliminating judicial deference to agency interpretations of statutes and regulations.”
      • – REJECTED 188 – 234, Roll Call No. 39
        • Republican YEA – 0; NAY – 233
        • Democrat YEA – 188; NAY – 1
    • Ruiz (D-CA) – Amendment No. 11 – “Exempts from the bill’s rule making reforms rules regarding the safety of children’s toys and other products; strikes the bill’s provisions assuring full judicial review and eliminating judicial deference to agency interpretations of statutes and regulations.”
      • – REJECTED 190 – 233, Roll Call No. 40
        • Republican YEA – 2; NAY – 232
        • Democrat YEA – 188; NAY – 1
    • Scott (D-VA) – Amendment No. 12 – “Exempts from the bill’s central rule making reforms workplace health and safety rules, including rules to prevent traumatic injury, cancer or irreversible lung disease at mining facilities subject to the Federal Mine Safety and Health Act of 1977 or workplaces subject to the Occupational Safety and Health Act; strikes the bill’s provisions assuring full judicial review and eliminating judicial deference to agency interpretations of statutes and regulations.”
      • – REJECTED 195 – 227, Roll Call No. 41
        • Republican YEA – 7; NAY – 226
        • Democrat YEA – 188; NAY – 1
    • Tonko (D-NY) – Amendment No. 13 – “Exempts from the bill’s rule making reforms rules made under the “Frank R. Lautenberg Chemical Safety Act for the 21st Century Act;” strikes the bill’s provisions assuring full judicial review and eliminating judicial deference to agency interpretations of statutes and regulations.”
      • – REJECTED 188 – 235, Roll Call No. 42
        • Republican YEA – 0; NAY -234
        • Democrat YEA – 188; NAY – 1
    • Grijalva (D-AZ) – Amendment No. 14 – “Exempts forest and land management plans from the bill’s requirements in title III to perform regulatory flexibility analyses.”
      • – REJECTED 185 – 236, Roll Call No. 43
        • Republican YEA – 0; NAY – 233
        • Democrat YEA –185; NAY – 3
    • Nadler (D-NY) – Amendment No. 15 – “Adds requirements that agencies discuss specifically in initial and final regulatory flexibility analyses direct and indirect benefits of new agency rules.”
      • – NOT OFFERED
    • Posey (R-FL) – Amendment No. 16 – “Requires agencies to identify online significant scientific information and peer reviews relating to the bases for new rules in development.”
      • – ADOPTED BY VOICE
    • Democrat Motion to Recommit
      • – FAILED 190 – 233, Roll Call No. 44
        • Republican YEA – 0; NAY – 233
        • Democrat YEA – 190; NAY – 0
    • Final Passage of H.R. 5 – “To reform the process by which Federal agencies analyze and formulate new regulations and guidance documents, to clarify the nature of judicial review of agency interpretations, to ensure complete analysis of potential impacts on small entities of rules, and for other purposes.”
      • – PASSED 238 – 183, Roll Call No. 45
        • Republican YEA – 233; NAY – 0
        • Democrat YEA – 5; NAY – 183

Today:

  • On Thursday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business. First and last votes expected: 4:00 p.m. – 5:00 p.m.
  • H.R. 238 – Commodity End-User Relief Act, Rules Committee Print (Structured Rule) (Sponsored by Rep. Michael Conaway / Agriculture Committee)
  • The Rule provides for one hour of general debate and makes in order the following amendments:
    • Rep. Robert Aderholt Amendment (10 minutes of debate)
    • Rep. Austin Scott Amendment (10 minutes of debate)
    • Rep. Mike Conaway Amendment #1 (10 minutes of debate)
    • Rep. Mike Conaway Amendment #2 (10 minutes of debate)
    • Reps. Duffy / Scott (GA) Amendment (10 minutes of debate)
    • Rep. Doug LaMalfa Amendment (10 minutes of debate)
    • Rep. Frank Lucas Amendment (10 minutes of debate)
    • Rep. Vicky Hartzler Amendment (10 minutes of debate)
  • H.R. 78 – SEC Regulatory Accountability Act (Structured Rule) (Sponsored by Rep. Ann Wagner / Financial Services Committee)
  • The Rule provides for one hour of general debate and makes in order the following amendments:
    • Rep. Maxine Waters Amendment (10 minutes of debate)
    • Rep. Nydia Velazquez Amendment (10 minutes of debate)
    • Rep. Al Green Amendment (10 minutes of debate)
    • Rep. Mark DeSaulnier Amendment (10 minutes of debate)
    • Rep. Jamie Raskin Amendment (10 minutes of debate)

 

Senate

 

Yesterday

  • Roll Call Votes
    • Motion to waive the budget act re: Nelson #13; not agreed to 47-51
    • Motion to waive the budget act re: King #60; not agreed to 48-50
    • Motion to waive the budget act re: Barrasso #173; not agreed to 51-47
    • Motion to waive the budget act re: Manchin-Tester-Heitkamp #64; not agreed to 51-47
    • Motion to waive the budget act re: Heller #167; not agreed to 51-47
    • Motion to waive the budget act re: Baldwin #81; not agreed to 48-50
    • Motion to waive the budget act re: Flake #176; not agreed to 50-48
    • Motion to waive the budget act re: Tester #104; not agreed to 48-50
    • Motion to waive the budget act re: Casey #61; not agreed to 49-49
    • Motion to waive the budget act re: Barrasso #181; not agreed to 47-51
    • Motion to waive the budget act re: Hatch #179; not agreed to 51-47
    • Motion to waive the budget act re: Menendez #83; not agreed to 48-50
    • Motion to waive the budget act re: Alexander #174; not agreed to 49-49
    • Klobuchar-Sanders #178; not agreed to 48-52
    • Motion to waive the budget act re: Wyden #188; not agreed to 47-51
    • Motion to waive the budget act re: Fischer #184; not agreed to 52-46
    • Motion to waive the budget act re: Gillibrand #82; not agreed to 49-49
    • Motion to waive the budget act re: Hatch #180; not agreed to 51-47
    • Motion to waive the budget act re: Brown #86; not agreed to 49-49
    • Con.Res. 3, Budget Resolution FY2017, agreed to 51-48

Today

  • The Senate stands adjourned until 12:30pm on Thursday, January 12, 2017.
  • Following any Leader remarks, the Senate will be in a period of morning business with senators permitted to speak therein for up to 10 minutes each.

 

Hearings Covered by W&J Today

 

Senate Armed Services Committee
“The Nomination of James Mattis to be Secretary of Defense”
G-50 Dirksen

Senate Banking, Housing, and Urban Affairs Committee
“The Nomination of Benjamin Carson to be HUD Secretary”
538 Dirksen

MedPAC
Status report on Part D
1300 Pennsylvania Avenue, NW

MedPAC
Assessing payment adequacy and updating payments for post-acute care providers:
1300 Pennsylvania Avenue, NW

MedPAC
Implementing a unified payment system for post-acute care
1300 Pennsylvania Avenue, NW

 

Notable Legislation Introduced

 

Cybersecurity

S.94 — 115th Congress (2017-2018)
A bill to impose sanctions in response to cyber intrusions by the Government of the Russian Federation and other aggressive activities of the Russian Federation, and for other purposes.
Sponsor: No Sponsor (Introduced 01/11/2017) Cosponsors: (0)
Committees: Senate – Foreign Relations
Latest Action: 01/11/2017 Read twice and referred to the Committee on Foreign Relations.

 

Energy

H.R.456 — 115th Congress (2017-2018)
To require the Secretary of Energy to obtain the consent of affected State and local governments before making an expenditure from the Nuclear Waste Fund for a nuclear waste repository.
Sponsor: Rep. Titus, Dina [D-NV-1] (Introduced 01/11/2017) Cosponsors: (2)
Committees: House – Energy and Commerce
Latest Action: 01/11/2017 Referred to the House Committee on Energy and Commerce.

H.R.433 — 115th Congress (2017-2018)
To prohibit the Secretary of Energy from planning, developing, or constructing a defense waste repository until the Nuclear Regulatory Commission has made a final decision with respect to the construction authorization application for the Yucca Mountain Nuclear Waste Repository.
Sponsor: Rep. Wilson, Joe [R-SC-2] (Introduced 01/11/2017) Cosponsors: (2)
Committees: House – Energy and Commerce
Latest Action: 01/11/2017 Referred to the House Committee on Energy and Commerce.

H.R.431 — 115th Congress (2017-2018)
To enable civilian research and development of advanced nuclear energy technologies by private and public institutions, to expand theoretical and practical knowledge of nuclear physics, chemistry, and materials science, and for other purposes.
Sponsor: Rep. Weber, Randy K., Sr. [R-TX-14] (Introduced 01/11/2017) Cosponsors: (14)
Committees: House – Science, Space, and Technology
Latest Action: 01/11/2017 Referred to the House Committee on Science, Space, and Technology.

S.97 — 115th Congress (2017-2018)
A bill to enable civilian research and development of advanced nuclear energy technologies by private and public institutions, to expand theoretical and practical knowledge of nuclear physics, chemistry, and materials science, and for other purposes.
Sponsor: No Sponsor (Introduced 01/11/2017) Cosponsors: (0)
Committees: Senate – Energy and Natural Resources
Latest Action: 01/11/2017 Read twice and referred to the Committee on Energy and Natural Resources.

S.95 — 115th Congress (2017-2018)
A bill to require the Secretary of Energy to obtain the consent of affected State and local governments before making an expenditure from the Nuclear Waste Fund for a nuclear waste repository.
Sponsor: No Sponsor (Introduced 01/11/2017) Cosponsors: (0)
Committees: Senate – Environment and Public Works
Latest Action: 01/11/2017 Read twice and referred to the Committee on Environment and Public Works.

 

Financial Services

H.R.435 — 115th Congress (2017-2018)
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 [D-MN-5] (Introduced 01/11/2017) Cosponsors: (14)
Committees: House – Financial Services
Latest Action: 01/11/2017 Referred to the House Committee on Financial Services.

S.105 — 115th Congress (2017-2018)
A bill to amend the Consumer Financial Protection Act of 2010 to transition the Bureau of Consumer Financial Protection to a 5-member board of directors.
Sponsor: No Sponsor (Introduced 01/11/2017) Cosponsors: (0)
Committees: Senate – Banking, Housing, and Urban Affairs
Latest Action: 01/11/2017 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

S.103 — 115th Congress (2017-2018)
A bill to nullify certain regulations and notices of the Department of Housing and Urban Development, and for other purposes.
Sponsor: No Sponsor (Introduced 01/11/2017) Cosponsors: (0)
Committees: Senate – Banking, Housing, and Urban Affairs
Latest Action: 01/11/2017 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

 

Health

S.106 — 115th Congress (2017-2018)
A bill to repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 entirely.
Sponsor: No Sponsor (Introduced 01/12/2017) Cosponsors: (0)
Committees: Senate – Finance
Latest Action: 01/12/2017 Read twice and referred to the Committee on Finance.

H.R.449 — 115th Congress (2017-2018)
To require the Surgeon General of the Public Health Service to submit to Congress a report on the effects on public health of the increased rate of use of synthetic drugs.
Sponsor: Rep. Jeffries, Hakeem S. [D-NY-8] (Introduced 01/11/2017) Cosponsors: (4)
Committees: House – Energy and Commerce
Latest Action: 01/11/2017 Referred to the House Committee on Energy and Commerce.

 

Tax

H.R.451 — 115th Congress (2017-2018)
To amend the Internal Revenue Code of 1986 to repeal the estate tax and retain stepped-up basis at death.
Sponsor: Rep. Latta, Robert E. [R-OH-5] (Introduced 01/11/2017) Cosponsors: (8)
Committees: House – Ways and Means
Latest Action: 01/11/2017 Referred to the House Committee on Ways and Means.

H.R.439 — 115th Congress (2017-2018)
To amend the Internal Revenue Code of 1986 to prevent tax-related identity theft and tax fraud, and for other purposes.
Sponsor: Rep. Renacci, James B. [R-OH-16] (Introduced 01/11/2017) Cosponsors: (13)
Committees: House – Ways and Means
Latest Action: 01/11/2017 Referred to the House Committee on Ways and Means.

H.R.432 — 115th Congress (2017-2018)
To amend the Internal Revenue Code of 1986 to expand and modify the credit for employee health insurance expenses of small employers.
Sponsor: Rep. DelBene, Suzan K. [D-WA-1] (Introduced 01/11/2017) Cosponsors: (3)
Committees: House – Ways and Means
Latest Action: 01/11/2017 Referred to the House Committee on Ways and Means

 

Transportation

H.R.458 — 115th Congress (2017-2018)
To require the Secretary of Transportation to conduct a study on the economic and environmental risks to the Great Lakes of spills or leaks of oil, and for other purposes.
Sponsor: Rep. Trott, David A. [R-MI-11] (Introduced 01/11/2017) Cosponsors: (1)
Committees: House – Transportation and Infrastructure, Energy and Commerce
Latest Action: 01/11/2017 Referred to House Energy and Commerce