Today’s Daily Update

The House will consider four bills under suspension of the rules as well as H.R. 469 – Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017. The Senate will resume consideration Scott L. Palk, to be United States District Judge for the Western District of Oklahoma.

House

 

Yesterday

  • Suspension–Proceedings Resumed: The House agreed to suspend the rules and pass the following measure. Consideration began Monday, October 23rd.
  • International Narcotics Trafficking Emergency Response by Detecting Incoming Contraband with Technology Act:
    • H.R. 2142, amended, to improve the ability of U.S. Customs and Border Protection to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, by a \2/3\ yea-and-nay vote of 412 yeas to 3 nays, Roll No. 574.
  • Unanimous Consent Agreement:
    • Agreed by unanimous consent that during consideration of H.R. 469, pursuant to House Resolution 577, the amendment placed at the desk be in order in lieu of the amendment printed in part A of House Report 115–363 and numbered 2.
  • Suspensions: The House agreed to suspend the rules and pass the following measures:
    • Family Office Technical Correction Act of 2017:
      • H.R. 3972, amended, to clarify that family offices and family clients are accredited investors;
    • Impeding North Korea’s Access to Finance Act of 2017:
      • H.R. 3898, amended, to require the Secretary of the Treasury to place conditions on certain accounts at United States financial institutions with respect to North Korea, by a \2/3\ yea-and-nay vote of 415 yeas to 2 nays, Roll No. 581; and
      • Agreed to amend the title so as to read: “To impose secondary sanctions with respect to North Korea, strengthen international efforts to improve sanctions enforcement, and for other purposes.”.
  • Strengthening Cybersecurity Information Sharing and Coordination in Our Ports Act of 2017:
    • H.R. 3101, amended, to enhance cybersecurity information sharing and coordination at ports in the United States.
  • Stop Settlement Slush Funds Act of 2017:
    • The House passed H.R. 732, to limit donations made pursuant to settlement agreements to which the United States is a party, by a recorded vote of 238 ayes to 183 noes, Roll No. 580.
  • Pursuant to the Rule, the amendments recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as read.
  • Agreed to:
    • Goodlatte amendment (No. 1 printed in part B of H. Rept. 115–363) that prohibits Cy Pres distributions in cases where money is simply left over and the settlement contains no specific provision on its disposition and clarifies that payments made must not only be remedial but must actually go to the victims who suffered the injury.
  • Rejected:
    • Cohen amendment (No. 2 printed in part B of H. Rept. 115–363) that sought to exempt settlement agreements based on race, religion, national origin, or any other protected category (by a recorded vote of 187 ayes to 233 noes, Roll No. 575);
    • Johnson (GA) amendment (No. 3 printed in part B of H. Rept. 115–363) that sought to exempt a settlement agreement that directs funds to remediate the indirect harms caused by the manipulation of ignition standards on automobiles (by a recorded vote of 183 ayes to 235 noes with one answering “present”, Roll No. 576);
    • Jackson Lee amendment (No. 4 printed in part B of H. Rept. 115–363) that sought to exempt settlement agreements that pertain to providing restitution for a State (by a recorded vote of 185 ayes to 234 noes, Roll No. 577);
    • Cicilline amendment (No. 5 printed in part B of H. Rept. 115–363) that sought to exempt settlements in relation to the predatory or fraudulent conduct involving residential mortgage-backed securities (by a recorded vote of 189 ayes to 231 noes, Roll No. 578); and
    • Conyers amendment (No. 6 printed in part B of H. Rept. 115–363) that sought to exempt settlements that direct funds to remedy the indirect harms of unlawful conduct resulting in an increase in the amount of lead in public drinking water (by a recorded vote of 191 ayes to 229 noes, Roll No. 579).
  • H. Res. 577, the rule providing for consideration of the bills (H.R. 469) and (H.R. 732) was agreed to by a recorded vote of 227 ayes to 190 noes, Roll No. 573, after the previous question was ordered by a yea-and-nay vote of 228 yeas to 189 nays, Roll No. 572.

 

Today

  • On Wednesday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business. First votes expected: 1:30 p.m. – 2:30 p.m. Last votes expected: 5:30 p.m. – 6:30 p.m.
  • Legislation Considered Under Suspension of the Rules:
    • 1) H.R. 1698 – Iran Ballistic Missiles and International Sanctions Enforcement Act, as amended (Sponsored by Rep. Ed Royce / Foreign Affairs Committee)
    • 2) H.R. 3342 – Sanctioning Hizballah’s Illicit Use of Civilians as Defenseless Shields Act, as amended (Sponsored by Rep. Mike Gallagher / Foreign Affairs Committee)
    • 3) H.R. 3329 – Hizballah International Financing Prevention Amendments Act of 2017, as amended (Sponsored by Rep. Ed Royce / Foreign Affairs Committee)
    • 4) H.Res. 359 – Urging the European Union to designate Hizballah in its entirety as a terrorist organization and increase pressure on it and its members, as amended (Sponsored by Rep. Ted Deutch / Foreign Affairs Committee)
    • H.R. 469 – Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017, Rules Committee Print (Sponsored by Rep. Doug Collins / Judiciary Committee)
  • The Rule provides for one hour of general debate and makes in order the following amendments:
    • Rep. Bob Goodlatte Amendment (10 minutes of debate)
    • Rep. John Conyers Amendment (10 minutes of debate)
    • Rep. Hank Johnson Amendment (10 minutes of debate)
    • Rep. Donald McEachin Amendment (10 minutes of debate)
    • Rep. David Loebsack Amendment (10 minutes of debate)
    • Rep. Matt Cartwright Amendment (10 minutes of debate)

 

Senate

 

Yesterday

  • Measures Passed:
    • Consumer Financial Protection Bureau Rule: By 51 yeas to 50 nays, Vice President voting yea (Vote No. 249), Senate passed H.J. Res. 111, providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to “Arbitration Agreements”, after agreeing to the motion to proceed.
    • External power supplies: Senate passed S. 226, to exclude power supply circuits, drivers, and devices to be connected to, and power, light-emitting diodes or organic light-emitting diodes providing illumination or ceiling fans using direct current motors from energy conservation standards for external power supplies.
  • Protecting Patient Access to Emergency Medications Act: Committee on Health, Education, Labor, and Pensions was discharged from further consideration of H.R. 304, to amend the Controlled Substances Act with regard to the provision of emergency medical services, and the bill was then passed, after agreeing to the following amendment proposed thereto:
    • McConnell (for Cassidy) Amendment No. 1577, in the nature of substitute.
  • House Messages:
    • Additional Supplemental Appropriations for Disaster Relief Requirements Act: By 82 yeas to 17 nays (Vote No. 248), Senate agreed to the motion to concur in the amendment of the House to the amendment of the Senate to H.R. 2266, to amend title 28 of the United States Code to authorize the appointment of additional bankruptcy judges, after taking action on the following motions and amendments proposed thereto:
  • Withdrawn:
    • McConnell motion to concur in the amendment of the House to the amendment of the Senate to the bill, with McConnell Amendment No. 1568, to change the enactment date.
  • During consideration of this measure today, Senate also took the following action:
    • McConnell Amendment No. 1569 (to Amendment No. 1568), of a perfecting nature, fell when McConnell motion to concur in the amendment of the House to the amendment of the Senate to the bill, with McConnell Amendment No. 1568 (listed above), was withdrawn.
  • By 80 yeas to 19 nays (Vote No. 247), three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion to waive all applicable sections of the Congressional Budget Act of 1974 and applicable budget resolutions for the purposes of McConnell motion to concur in the amendment of the House to the amendment of the Senate to the bill. Subsequently, the point of order that sections 304, 306, 308, and 309 of McConnell motion to concur in the amendment of the House to the amendment of the Senate to the bill were in violation of section 314(e) of the Congressional Budget Act of 1974, was not sustained.
  • Appointments:
    • Western Hemisphere Drug Policy Commission: The Chair, on behalf of the Democratic Leader, pursuant to the provisions of Public Law 114–323, appointed the following individuals to serve as members of the Western Hemisphere Drug Policy Commission: Juan S. Gonzalez of the District of Columbia, and Douglas M. Fraser of Florida.Palk Nomination–Agreement: A unanimous-consent agreement was reached providing that at approximately 9:30 a.m., on Wednesday, October 25, 2017, Senate resume consideration of the nomination of Scott L. Palk, to be United States District Judge for the Western District of Oklahoma, with the time until the vote on the motion to invoke cloture on the nomination equally divided between the two Leaders, or their designees. 

 

Today

  • The Senate stands adjourned until 9:30am on Wednesday, October 25, 2017.
  • Following leader remarks, the Senate will resume consideration Executive Calendar #117, Scott L. Palk, of Oklahoma, to be United States District Judge for the Western District of Oklahoma, with the time until the cloture vote equally divided. At approximately 10:30am, the Senate will vote on the motion to invoke cloture on the Palk nomination.
  • As a reminder, cloture has also been filed on Executive Calendar #179, Trevor N. McFadden, of Virginia, to be United States District Judge for the District of Columbia.
  • If cloture is invoked on the Palk nomination, there would be up to 30 hours of debate prior to a vote on confirmation of the nomination. Upon disposition of the Palk nomination, there would be a cloture vote on the McFadden nomination. If cloture is invoked, there would be up to 30 hours of debate prior to a vote on confirmation.
  • Wednesday at 10:30am – 1 roll call vote
    • Motion to invoke cloture on Executive Calendar #117, Scott L. Palk, of Oklahoma, to be United States District Judge for the Western District of Oklahoma

 

Hearings Covered by W&J Today

 

House Appropriations
Down Syndrome: Update on the State of the Science and Potential for Discoveries Across Other Major Diseases

House Energy and Commerce
Federal Efforts to Combat the Opioid Crisis: A Status Update on CARA and Other Initiatives

House Natural Resources
Empowering States in Sage Grouse Management

House Financial Services
Sustainable Housing Finance

Senate EPW
Pending Nominations

House Science, Space and Technology
Bolstering Government Cybersecurity

Senate EPW
S. ______, the Wildfire Prevention and Mitigation Act of 2017

House Financial Services
Equifax Breach

House Ways and Means
Miscellaneous Tariff Bill

 

Notable Legislation Introduced

 

Energy

H.R.4103 — 115th Congress (2017-2018)
To require the Secretary of the Interior to submit an annual report to Congress on certain statistics related to applications for a permit to drill an oil or gas well, and for other purposes.
Sponsor: Rep. Lowenthal, Alan S. [D-CA-47] (Introduced 10/24/2017) Cosponsors: (2)
Committees: House – Natural Resources
Latest Action: House – 10/24/2017 Referred to the House Committee on Natural Resources.

 

Health

H.R.4105 — 115th Congress (2017-2018)
To amend title XX of the Social Security Act to extend the health professions workforce demonstration project.
Sponsor: Rep. Lawrence, Brenda L. [D-MI-14] (Introduced 10/24/2017) Cosponsors: (8)
Committees: House – Ways and Means
Latest Action: House – 10/24/2017 Referred to the House Committee on Ways and Means.

H.R.4104 — 115th Congress (2017-2018)
To amend title XVIII of the Social Security Act to extend the additional temporary exception from the Medicare site-neutral inpatient payment rate to additional DRG codes for severe wound discharges from long-term care hospitals.
Sponsor: Rep. Harper, Gregg [R-MS-3] (Introduced 10/24/2017) Cosponsors: (0)
Committees: House – Ways and Means
Latest Action: House – 10/24/2017 Referred to the House Committee on Ways and Means.

S.2001 — 115th Congress (2017-2018)
A bill to establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan.
Sponsor: Sen. Schatz, Brian [D-HI] (Introduced 10/24/2017) Cosponsors: (18)
Committees: Senate – Finance
Latest Action: Senate – 10/24/2017 Read twice and referred to the Committee on Finance.

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