Members have two more weeks of legislative business before the scheduled Memorial Day break with much work to be done before then.
The Senate returns to work on Monday and resumes its consideration of appropriations bills, although it will start the week by voting on a judicial nomination. Having finished the Energy & Water bill last week, the Senate turned to the joint consideration of Fiscal year (FY) 2017 Transportation-Housing and Urban Development and Military Construction-Veterans Affairs bills. It plans to work its way through amendments to those bills this week with the aim of completing work on them this week. The Senate’s consideration of the Energy & Water appropriations bill was almost side-tracked by a contentious amendment offered by Senator Tom Cotton (R-AR) on the Iran nuclear deal. While Senate Majority Leader Mitch McConnell (R-KY) found a path forward, the delay that amendment provoked and the partisan tensions it raised show how tenuous and fraught is the effort by Leader McConnell to pass all 12 appropriations bills before the September 30 end of the current fiscal year.
Also due for a vote this week are three proposals to tackle the growing challenges posed by the Zika virus. The administration and congressional Democrats have been demanding $1.9 billion in funding to address the problem. The Senate is expected to pass a compromise bill worked out between Sen. Roy Blunt (R-MO) and Sen. Patty Murray (D-WA) to provide $1.1 billion in funds, not offset by cuts from other spending. In addition to voting on the Blunt-Murray compromise, the Senate is also expected to vote on amendments to provide the full $1.9 billion requested by the President and to offset the funds to be provided. Waiting in the Senate wings if it succeeds with the T-HUD/MilCon-VA bills this week are the Defense authorization and appropriations bills, which are said to be on tap for the week prior to Memorial Day.
The House also returns on Monday and will take up nine bills under suspension of the rules. On Tuesday, the House will consider another suspension before turning its attention to the heavy legislative lifting of the week. The House is expected first to consider a Democratic motion to instruct conferees on the Comprehensive Addiction and Recovery Act, S. 524. Last week, the House passed numerous bills to address the growing opioid-abuse problem in the country, and thereafter rolled all of the bills together and substituted the entire package of House-passed bills in place of the text of S. 524, the Senate bill on the subject. The two chambers intend to resolve the differences between the two versions of the bill in a conference committee. The Democratic motion to instruct conferees is likely to include Democratic demands for increased funding targeted at opioid issues. Democrats attempted to add such funding to the bills the House considered last week but failed; failure is again likely on the motion to instruct, although the conference committee itself may be more receptive to adding some funding to the House approach.
After the House deals with the motion to instruct, it will turn to consideration of significant legislation subject to rules. Due up first is the annual Defense Authorization Act. The legislation, which always draws a large number of amendments, includes controversial items, including a funding provision that seeks to bolster defense spending by shifting funds intended to support U.S. military operations in the field. Democrats oppose that effort, and the Senate version of the bill does not include it.
Once it completes work on the Defense bill, the House will take up two appropriations measures. The first is the House’s version of a Zika-funding measure. That bill is expected to provide funding only through the end of the current fiscal year, September 30, and not beyond; the Senate compromise bill provides funding for the remainder of this fiscal year and next year as well. In addition, the House bill will include offsets fem current programs to fund the resources to be dedicated to combatting Zika. Democrats are likely to oppose the House Republican bill. With summer nearing and mosquito season upon most parts of the country, Democrats believe they have the upper hand in the debate, so they are likely to be insistent on no less than the Senate compromise approach (which is insufficient for the Democrats). Whether the two chambers can come together and enact legislation remains uncertain.
Finally, the House will itself also begin taking up FY17 appropriations bills. Typically, the House acts first on appropriations due to constitutional requirements. This year, however, because the House was unable to pass a budget resolution, it was not allowed to begin floor consideration of appropriations bills until after May 15. The Senate does not labor under a similar restriction, so it could proceed first, using shell vehicles of House bill numbers from bills the House had previously passed and sent to the Senate. With the May 15 date passed, the House will tackle its version of the Military Construction-Veterans Affairs appropriations bill this week. That bill tends to be among the least controversial, and relatively prompt passage is expected.
Still uncertain is what will happen with legislation to assist Puerto Rico address its economic collapse. The initial bill, released prior to the last recess, drew criticism from the left and the right, and House Resources Committee Chairman Rob Bishop (R-UT) and his staff have been working with conservatives and the Treasury Department, negotiating on behalf of the administration and representing Democratic interests, to come up with a revised bill. A draft was due to be released last Wednesday, but the committee missed that goal. Reports are that the committee is close, but Democrats continue to express concern over some of the bill’s provisions to reduce the minimum wage on the Island and to favor bond holders over union pensions. Democrats also harbor concerns over the power of the proposed financial control board, seeing it as a slap at the elected leaders of the Commonwealth (although it was the elected leaders who created the mismanagement in the first place and caused the current situation). Those provisions, opposed by Democrats, are likely necessary to ensure sufficient Republican support for a bill. Puerto Rico endured a partial default on May 1, but the bond markets reacted with calm. A much larger default is threatened for July 1, and Congress is aiming to enact legislation by that date. The legislation remains a priority for Speaker Paul Ryan, although it remains to be seen whether it is in fact able to find a path forward between the demands of both parties.
A typically busy week in the committees in both chambers is expected. Highlights include a Tuesday markup of the Defense appropriations bill in the House Appropriations Committee. Tuesday afternoon sees the Agriculture Appropriations Subcommittee of the Senate Appropriations Committee mark up the Agriculture spending bill.
Another markup not yet noticed but expected is the Senate Judiciary Committee’s consideration of the E-mail Privacy Act. The House version of the bill passed the House unanimously a couple of weeks ago; Senate Judiciary Committee Chairman Chuck Grassley (R-IA) is known to have reservations about the adverse effects the bill will have on law enforcement, especially civil enforcement efforts by agencies like the Securities & Exchange Commission and the Federal Trade Commission. Observers were surprised when Chairman Grassley announced last week that the committee would mark the bill up next (i.e., this) week. Under the committee’s regular practice, the bill will actually be held over for a week and will not actually see action this week, but the mere fact that the committee will consider it is an indication that after the unanimous House vote it enjoys more momentum than its supporters had dared to hope. Whether it can pass on the Senate floor is unclear, but it is only a matter of time before it or similar legislation becomes law.
On Tuesday the Senate Foreign Relations Committee looks at the situation in Syria; the House Oversight Committee reviews the Iran nuclear deal at the same time, with Iran being the leading supporter of Syrian president Assad. On Wednesday, the Senate Health, Education, Labor and Pensions Committee conducts oversight on the administration’s implementation of the Every Student Succeeds Act, the bipartisan legislation enacted last year to reform the Elementary and Secondary Education Act. Education Department implementation of the new law has stoked controversy; the bill was intended to return greater authority to state and local schools boards and government, but proposed new federal rules move in the opposite direction. On the other side of the Capitol, the House Oversight Committee looks at federal IT issues. On Thursday, the Senate Agriculture Committee review the Farm Credit System.
A full schedule of events for the week ahead is included below:
Monday May 16, 2016
House Committees
Pending Legislation
House Rules
Full Committee Business
5 p.m.
Tuesday, May 17, 2016
House Committees
Safeguarding our Symbol of Democracy: U.S. Capitol Polices Management Plan for 2017 and Beyond
House Administration
Full Committee Hearing
11:15 a.m., 1310 Longworth HOB
Focus on the Farm Economy: Impacts of Environmental Regulations and Voluntary Conservation Solutions
House Agriculture – Subcommittee on Conservation and Forestry
Hearing
10 a.m., 1300 Longworth HOB
Assessing the Department of Defense’s Execution of Responsibilities in the U.S. Foreign Military Sales Program
House Armed Services – Subcommittee on Oversight and Investigations
Subcommittee Hearing
9 a.m.
Full Committee Markup – FY 2017 Defense Bill, Legislative Branch Bill, and Revised Report on the Interim Suballocation of Budget Allocations
House Appropriations
Full Committee Markup
10:30 a.m., 2359 Rayburn
“Helping Students Succeed by Strengthening the Carl D. Perkins Career and Technical Education Act”
House Education and the Workforce
Full Committee Hearing
10 a.m.
The Obama Administrations Medicare Drug Experiment: The Patient and Doctor Perspective
House Energy and Commerce – Subcommittee on Health
Subcommittee Hearing
10 a.m., 2123 Rayburn HOB
“Interest on Reserves and the Fed’s Balance Sheet”
House Financial Services – Subcommittee on Monetary Policy and Trade
Subcommittee Hearing
10 a.m., 2128 Rayburn HOB
Oversight of Federal Efforts to Address Electromagnetic Risks
House Homeland Security – Subcommittee on Oversight and Management Efficiency
Subcommittee Hearing
10 a.m., 311 Canon HOB
“Synthetic Drugs Real Danger”
House Judiciary – Subcommittee on Crime, Terrorism, Homeland Security and Investigations
Subcommittee Hearing
10 a.m., 2141 Rayburn HOB
H.R. 4768 the “Separation of Powers Restoration Act of 2016”
House Judiciary – Subcommittee on Regulatory Reform, Commercial and Antitrust Law
Subcommittee Hearing
1 p.m., 2141 Rayburn HOB
The Implications of President Obama’s National Ocean Policy
House Natural Resources – Subcommittee on Water, Power and Oceans
Subcommittee Hearing
10 a.m., 1324 Longworth HOB
Iran Nuclear Deal
House Oversight and Government Reform
Full Committee Hearing
10 a.m.
A Review of Recently Completed United States Army Corps of Engineers Chief’s Reports
House Transportation and Infrastructure – Subcommittee on Water Resources and Environment
Subcommittee Hearing
10 a.m.
Tax-Related Proposals to Improve Health Care
House Ways and Means – Subcommittee on Health
Subcommittee Hearing
10 a.m.
“Legislative Proposals to Enhance Capital Formation, Transparency, and Regulatory Accountability”
House Financial Services – Subcommittee on Capital Markets and Government Sponsored Enterprises
Subcommittee Hearing
2 p.m., 2128 Rayburn HOB
U.S. Department of State Counterterrorism Bureau: FY 2017 Budget
House Foreign Affairs – Subcommittee on Terrorism, Nonproliferation, and Trade
2 p.m., 2172 Rayburn HOB
Veterans in Tech: Innovative Careers for All Generations of Veterans
House Veterans’ Affairs – Subcommittee on Economic Opportunity
Subcommittee Hearing
2 p.m., 334 Cannon HOB
Energy and Commerce Committee Vote on H.R. 4775 and H.R. 4979
House Energy and Commerce
Markup
5 p.m., 2123 Rayburn HOB
Senate Committees
Examining the status of advanced nuclear technologies.
Senate Energy and Natural Resources
Full Committee Hearing
10 a.m., 366 Dirksen Bldg.
Marine debris and wildlife, focusing on impacts, sources, and solutions.
Senate Environment and Public Works
Full Committee Hearing
10 a.m., 406 Dirksen Bldg.
Integrating the corporate and individual tax systems, focusing on the dividends paid deduction considered
Senate Finance
Full Committee Hearing
10 a.m., 215 Dirksen Bldg.
War in Syria, focusing on next steps to mitigate the crisis
Senate Foreign Relations
Full Committee Hearing
11 a.m., 419 Dirksen Bldg.
National Foster Care Month, focusing on supporting youth in the foster care and juvenile justice systems
Senate Judiciary
Full Committee Hearing
10 a.m., 226 Dirksen Bldg.
Business meeting to markup an original bill entitled, “Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 2017”.
Senate Appropriations – Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
Subcommittee Markup
4 p.m., 124 Dirksen Bldg.
Pending legislation
Senate Energy and Natural Resources – Subcommittee on Water and Power
Subcommittee Hearing
2 p.m., 366 Dirksen Bldg.
Hearing to examine America’s insatiable demand for drugs, focusing on assessing the Federal response.
Senate Homeland Security and Governmental Affairs
Full Committee Hearing
2:30 p.m., 342 Dirksen Bldg.
Wednesday May 18, 2016
House Committees
Service in the Field: Veteran Contributions to National Food Security
House Agriculture
Full Committee Hearing
10 a.m., 1300 Longworth HOB
H. Res. 374 H. Res. 650 H. Con. Res. 129 S. 284 and S. 1252
House Foreign Affairs
Full Committee Markup
10 a.m., 2172 Rayburn HOB
Examining Employee Misconduct at EPA
House Oversight and Government Reform
Full Committee Hearing
9 a.m., 2154 Rayburn HOB
Border Station Construction: Minimizing Costs and Leveraging Private Dollars
House Transportation and Infrastructure – Subcommittee on Economic Development, Public Buildings and Emergency Management
Subcommittee Hearing
10 a.m.
Markup of Pending Legislation
House Veterans’ Affairs
Full Committee Markup
10:30 a.m., 334 Cannon HOB
Social Security Waste-Fraud-Abuse
House Ways and Means – Subcommittee on Social Security
Subcommittee Hearing
10 a.m.
Hearing entitled “Examining the CFPB’s Proposed Rulemaking on Arbitration: Is it in the Public Interest and for the Protection of Consumers?”
House Financial Services – Subcommittee on Financial Institutions and Consumer Credit
Subcommittee Hearing
2 p.m., 2128 Rayburn HOB
Democracy Support Strategies in Africa
House Foreign Affairs – Subcommittee on Africa, Global Health, Global Human Rights and International Organizations
Subcommittee Hearing
2:30 p.m., 2172 Rayburn HOB
Legislative Hearing on H.R. 4289 and S. 246
House Natural Resources – Subcommittee on Indian, Insular and Alaska Native Affairs
Subcommittee Hearing
2 p.m., 1324 Longworth HOB
Federal IT Reform
House Oversight and Government Reform – Subcommittee on Government Operations & Subcommittee on Information Technology
Committee Joint Hearing
2 p.m.
Hearing: Next Steps to Mars: Deep Space Habitats
House Science, Space and Technology – Subcommittee on Space
Subcommittee Hearing
2 p.m., 2318 Rayburn HOB
Heroin Epidemic and Parental Substance Abuse
House Ways and Means – Subcommittee on Human Resources
Subcommittee Hearing
2 p.m.
Senate Committees
Hearing to examine a review of the Department of Veterans Affairs’ electronic health record (VistA), progress toward interoperability with the Department of Defense’s electronic health record, and plans for the future.
Senate Appropriations – Subcommittee on Military Construction, Veterans Affairs and Related Agencies
Subcommittee Hearing
10:30 a.m., 124 Dirksen Bldg.
Hearing to examine the Telephone Consumer Protection Act at 25, focusing on effects on consumers and business.
Senate Commerce, Science and Transportation
Full Committee Hearing
10 a.m., 253 Russell Bldg.
Hearing to examine Every Student Succeeds Act implementation, focusing on perspectives from education stakeholders.
Senate Health, Education, Labor and Pensions
Full Committee Hearing
10 a.m., 430 Dirksen Bldg.
Hearing to examine assessing the security of critical infrastructure, focusing on threat, vulnerabilities, and solutions.
Senate Homeland Security and Governmental Affairs
Full Committee Hearing
10 a.m., 342 Dirksen Bldg.
Judicial Nominations
Senate Judiciary
Full Committee Hearing
10 a.m., 226 Dirksen Bldg.
Hearing on pending leglislation
Senate Indian Affairs
Full Committee Hearing
2:15 p.m., 628 Dirksen Bldg.
Ransomware, focusing on understanding the threat and exploring solutions.
Senate Judiciary – Subcommittee on Crime and Terrorism
Subcommittee Hearing
3 p.m., 226 Dirksen Bldg.
Small business and the Affordable Care Act
Senate Small Business and Entrepreneurship
Full Committee Hearing
2 p.m., 428A Russell Bldg.
Thursday May 19, 2016
House Committees
Examining H.R. 3299 Strengthening Public Health Response Act
House Energy and Commerce-Subcommittee on Health
Hearing
10 a.m. 2123 Rayburn HOB
“Settling the Question: Did Bank Settlement Agreements Subvert Congressional Appropriations Powers?”
House Financial Services
Hearing
9:15 a.m., 2128 Rayburn HOB
Examining Legislation to Promote the Effective Enforcement of the ADA’s Public Accommodation Provisions
House Judiciary-Subcommittee on the Constitution and Civil Justice
Hearing
9 a.m., 2141 Rayburn HOB
Oversight Hearing on Examining Deficiencies in Transparency at the Department of the Interior
House Natural Resources
Hearing
9 a.m., 1324 Longworth HOB
Help Wanted: Small Business Providing Opportunities for All
House Small Business
Full Committee Hearing
10 a.m.
Senate Committees
Farm Credit System
Senate Agriculture, Nutrition and Forestry
Full Committee Hearing
10:15 a.m.
Improving communities and businesses access to capital and economic development.
Senate Banking, Housing and Urban Affairs – Subcommittee on Securities, Insurance and Investment
Subcommittee Hearing
10 a.m., 538 Dirksen Bldg.
Examining the Bureau of Ocean Energy Management’s 2017-2022 OCS Oil and Gas Leasing Program.
Senate Energy and Natural Resources
Full Committee Hearing
10 a.m., 366 Dirksen Bldg.
Friday May 20, 2016
Denver Field Hearing
House Veterans’ Affairs
Hearing
9:30 a.m.