Today’s Daily Update

The House will consider H.R. 1004 – Regulatory Integrity Act of 2017. The Senate will resume consideration of the nomination of Ben Carson to be Secretary of Housing and Urban Development, and upon disposition of the Carson nomination, the Senate will vote on the motion to invoke cloture on the nomination of James Richard Perry to be Secretary of Energy.

House

 

Yesterday

  • Searching for and Cutting Regulations that are Unnecessarily Burdensome Act: The House passed H.R. 998, to provide for the establishment of a process for the review of rules and sets of rules, by a recorded vote of 240 ayes to 185 noes, Roll No. 114. Consideration began yesterday, February 28th.
  • Rejected the Raskin motion to recommit the bill to the Committee on Oversight and Government Reform with instructions to report the same back to the House forthwith with an amendment, by a recorded vote of 190 ayes to 235 noes, Roll No. 113.
  • Rejected:
    • Bonamici amendment (No. 9 printed in H. Rept. 115-20) that sought to exempt any rule or set of rules relating to Title I of the Elementary and Secondary Education Act of 1965 from the provisions of this Act;
    • Bonamici amendment (No. 8 printed in H. Rept. 115-20) that sought to exempt any rule or set of rules prescribed by the Secretary of Education and relating to consumer protections for student loan borrowers from the provisions of this Act (by a recorded vote of 191 ayes to 235 noes, Roll No. 109);
    • Raskin amendment (No. 10 printed in H. Rept. 115-20) that sought to exempt rules relating to the enforcement of the Clean Air Act from the provisions of H.R. 998 (by a recorded vote of 189 ayes to 231 noes, Roll No. 110);
    • Moore amendment (No. 11 printed in H. Rept. 115-20) that sought to exempt rules affecting or impacting the special government to government relationship between the federal government and tribal communities or affecting tribal sovereignty or self-determination (by a recorded vote of 197 ayes to 229 noes, Roll No. 111); and
    • Cummings amendment (No. 12 printed in H. Rept. 115-20) that sought to exempt any rule relating to protections for whistleblowers or penalties for retaliation against whistleblowers (by a recorded vote of 194 ayes to 231 noes, Roll No. 112).
  • H. Res. 150, the rule providing for consideration of the bill (H.R. 998) and the joint resolution (H.J. Res. 83) was agreed to yesterday, February 28th.
  • Office of Information and Regulatory Affairs Insight, Reform, and Accountability Act:
    • The House passed H.R. 1009, to amend title 44, United States Code, to require the Administrator of the Office of Information and Regulatory Affairs to review regulations, by a yea-and-nay vote of 241 yeas to 184 nays, Roll No. 120.
  • Rejected Cartwright the motion to recommit the bill to the Committee on Oversight and Government Reform with instructions to report the same back to the House forthwith with an amendment, by a recorded vote of 193 ayes to 234 noes, Roll No. 119.
  • Pursuant to the Rule, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-4 shall be considered as an original bill for the purpose of amendment under the five-minute rule.
  • Agreed to:
    • Mitchell amendment (No. 1 printed in part B of H. Rept. 115-21) that makes technical changes to H.R. 1009 to ensure consistency in dates and terms, require OIRA to review significant guidance, and prohibit the authorization of additional funds;
    • Buck amendment (No. 2 printed in part B of H. Rept. 115-21) that ensures that federal agencies engage their partners in state, local, and tribal government throughout the regulatory process;
    • Meadows amendment (No. 4 printed in part B of H. Rept. 115-21) that requires OIRA to keep a log of the “consultation”–which is any communication that occurs about a specific regulation before the regulation is submitted for review–for each regulation and to publish a list of all the consultations when the regulation is published in the Federal Register;
    • Chaffetz amendment (No. 5 printed in part B of H. Rept. 115-21) that requires OIRA to maintain records on each significant regulatory action reviewed such that it is easily accessible to provide to Congress upon request; and
    • Young (IA) amendment (No. 3 printed in part B of H. Rept. 115-21) that requires each agency to describe steps taken to determine a new rule or regulation is not duplicative or conflicting with any existing or planned regulatory action and to require agencies to maintain a list of active regulatory actions on website (by a recorded vote of 265 ayes to 158 noes, Roll No. 117).
  • Rejected:
    • Connolly amendment (No. 6 printed in part B of H. Rept. 115-21) that sought to exempt independent agencies from the legislation (by a recorded vote of 188 ayes to 234 noes, Roll No. 118).
    • H. Res. 156, the rule providing for consideration of the bills (H.R. 1004) and (H.R. 1009) was agreed to by a recorded vote of 234 ayes to 180 noes, Roll No. 116, after the previous question was ordered by a yea-and-nay vote of 233 yeas to 189 nays, Roll No. 115.
    • Disapproving the rule submitted by the Department of Labor relating to “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness”: The House passed H.J. Res. 83, disapproving the rule submitted by the Department of Labor relating to “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness”, by a recorded vote of 231 ayes to 191 noes, Roll No. 121.
    • H. Res. 150, the rule providing for consideration of the bill (H.R. 998) and the joint resolution (H.J. Res. 83) was agreed to yesterday, February 28th.

Today

  • On Thursday, the House will meet at 9:00 a.m. for legislative business. First and last votes expected: 10:30 a.m. – 11:30 a.m.
  • H.R. 1004 – Regulatory Integrity Act of 2017 (Structured Rule) (Sponsored by Rep. Tim Walberg / Oversight and Government Reform Committee)
  • The Rule provides for one hour of general debate and makes in order the following amendments:
    • Rep. Sheila Jackson Lee Amendment #1 (10 minutes of debate)
    • Rep. Luke Messer Amendment (10 minutes of debate)
    • Rep. Sheila Jackson Lee Amendment #2 (10 minutes of debate)

 

Senate

 

Yesterday

  • Carson Nomination–
    • Agreement:
      • Senate resumed consideration of the nomination of Benjamin S. Carson, Sr., of Florida, to be Secretary of Housing and Urban Development.
  • During consideration of this nomination today, Senate also took the following action:
    • By 62 yeas to 37 nays (Vote No. 76), Senate agreed to the motion to close further debate on the nomination.
    • A unanimous-consent-time agreement was reached providing for further consideration of the nomination at approximately 9:30 a.m., on Thursday, March 2, 2017; that following leader remarks, there be 20 minutes of debate, equally divided, prior to the vote on confirmation of the nomination, followed by up to 10 minutes of debate, equally divided, prior to the vote on the motion to invoke cloture on the nomination of James Richard Perry, of Texas, to be Secretary of Energy, and if cloture is invoked on the nomination of James Richard Perry, time be counted as if invoked at 7 a.m., on Thursday, March 2, 2017.
    • Nomination Confirmed: Senate confirmed the following nomination: By 68 yeas to 31 nays (Vote No. EX. 75), Ryan Zinke, of Montana, to be Secretary of the Interior.

 

Today

  • The Senate stands adjourned until 9:30 a.m. on Thursday, March 2, 2017.
  • Following any Leader remarks, the Senate will proceed to Executive Session and resume consideration of the nomination of Ben Carson to be Secretary of Housing and Urban Development, with 20 minutes for debate, followed by a vote on confirmation of the nomination.
  • Upon disposition of the Carson nomination, the Senate will vote on the motion to invoke cloture on the nomination of James Richard Perry to be Secretary of Energy. If cloture is invoked, there will then be up to 30 hours of post-cloture debate.
  • Additional roll call votes are possible during Thursday’s session.
  • Approximately 10:00am – 2 roll call votes expected
    • Confirmation of Ben Carson to be Secretary, HUD
    • Motion to invoke cloture on James Richard Perry to be Secretary, Energy

 

Hearings Covered by W&J Today

 

Senate Armed Services Committee
“Cyber Strategy and Policy”

House Energy and Commerce Committee
“Examining FDA’s Generic Drug and Biosimilar User Fee Programs”

The Aspen Institute
“Should They Stay or Should They Go? Reexamining Retirement Tax Incentives”

 

Notable Legislation Introduced

 

Financial Services

H.R.1292 — 115th Congress (2017-2018)
To amend the Terrorism Risk Insurance Act of 2002 to allow for the use of certain assets of foreign persons and entities to satisfy certain judgments against terrorist parties, and for other purposes.
Sponsor: Rep. Posey, Bill [R-FL-8] (Introduced 03/01/2017) Cosponsors: (4)
Committees: House – Judiciary
Latest Action: 03/01/2017 Referred to the House Committee on the Judiciary

S.488 — 115th Congress (2017-2018)
A bill to increase the threshold for disclosures required by the Securities and Exchange Commission relating to compensatory benefit plans, and for other purposes.
Sponsor: Sen. Toomey, Pat [R-PA] (Introduced 03/01/2017) Cosponsors: (1)
Committees: Senate – Banking, Housing, and Urban Affairs
Latest Action: 03/01/2017 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

S.486 — 115th Congress (2017-2018)
A bill to amend title XVIII of the Social Security Act to provide for the non-application of Medicare competitive acquisition rates to complex rehabilitative wheelchairs and accessories.
Sponsor: Sen. Casey, Robert P., Jr. [D-PA] (Introduced 03/01/2017) Cosponsors: (9)
Committees: Senate – Finance
Latest Action: 03/01/2017 Read twice and referred to the Committee on Finance.

S.484 — 115th Congress (2017-2018)
A bill to amend the Investment Company Act of 1940 to terminate an exemption for companies located in Puerto Rico, the Virgin Islands, and any other possession of the United States.
Sponsor: Sen. Menendez, Robert [D-NJ] (Introduced 03/01/2017) Cosponsors: (1)
Committees: Senate – Banking, Housing, and Urban Affairs
Latest Action: 03/01/2017 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs

 

Health

H.R.1290 — 115th Congress (2017-2018)
To amend title XVIII of the Social Security Act to improve access to mental health services under the Medicare program.
Sponsor: Rep. Lee, Barbara [D-CA-13] (Introduced 03/01/2017) Cosponsors: (4)
Committees: House – Energy and Commerce, Ways and Means
Latest Action: 03/01/2017 Referred to House Ways and Means

H.R.1284 — 115th Congress (2017-2018)
To amend title XVIII of the Social Security Act to provide for the recognition of attending physician assistants as attending physicians to serve hospice patients, and for other purposes.
Sponsor: Rep. Jenkins, Lynn [R-KS-2] (Introduced 03/01/2017) Cosponsors: (1)
Committees: House – Ways and Means, Energy and Commerce
Latest Action: 03/01/2017 Referred to House Energy and Commerce

H.R.1280 — 115th Congress (2017-2018)
To amend the Internal Revenue Code of 1986 to increase the maximum contribution limit for health savings accounts, and for other purposes.
Sponsor: Rep. Fortenberry, Jeff [R-NE-1] (Introduced 03/01/2017) Cosponsors: (0)
Committees: House – Ways and Means
Latest Action: 03/01/2017 Referred to the House Committee on Ways and Means.

H.R.1277 — 115th Congress (2017-2018)
To permit indefinite extensions for certain previously extended Medicaid managed care waivers.
Sponsor: Rep. Blackburn, Marsha [R-TN-7] (Introduced 03/01/2017) Cosponsors: (0)
Committees: House – Energy and Commerce
Latest Action: 03/01/2017 Referred to the House Committee on Energy and Commerce

H.R.1275 — 115th Congress (2017-2018)
To eliminate the individual and employer health coverage mandates under the Patient Protection and Affordable Care Act, to expand beyond that Act the choices in obtaining and financing affordable health insurance coverage, and for other purposes.
Sponsor: Rep. Sessions, Pete [R-TX-32] (Introduced 03/01/2017) Cosponsors: (0)
Committees: House – Energy and Commerce, Ways and Means, Education and the Workforce
Latest Action: 03/01/2017 Referred to House Education and the Workforce

H.R.1271 — 115th Congress (2017-2018)
To amend the Federal Food, Drug, and Cosmetic Act to prevent the abuse of dextromethorphan, and for other purposes.
Sponsor: Rep. Johnson, Bill [R-OH-6] (Introduced 03/01/2017) Cosponsors: (1)
Committees: House – Energy and Commerce
Latest Action: 03/01/2017 Referred to the House Committee on Energy and Commerce

 

Tax

H.R.1296 — 115th Congress (2017-2018)
To amend the Internal Revenue Code of 1986 to provide appropriate rules for the application of the deduction for income attributable to domestic production activities with respect to certain contract manufacturing or production arrangements.
Sponsor: Rep. Tiberi, Patrick J. [R-OH-12] (Introduced 03/01/2017) Cosponsors: (6)
Committees: House – Ways and Means
Latest Action: 03/01/2017 Referred to the House Committee on Ways and Means.

 

Transportation

H.R.1266 — 115th Congress (2017-2018)
To authorize the Secretary of Transportation to make grants to assist units of local government in developing and implementing plans, known as Vision Zero plans, to eliminate transportation-related fatalities and serious injuries, and for other purposes.
Sponsor: Rep. Blumenauer, Earl [D-OR-3] (Introduced 03/01/2017) Cosponsors: (1)
Committees: House – Transportation and Infrastructure
Latest Action: 03/01/2017 Referred to the House Committee on Transportation and Infrastructure.

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