Consideration of Fiscal Year (FY) 2017 appropriations measures remains at the top of the agenda in both chambers this week. All eyes will be on the House floor, as debate over the Department of Defense spending bill could make or break the entire appropriations process moving forward.
The House is scheduled to return to work on Monday when it plans to take up seven bills under suspension of the rules. Among these bills is S. 337, the Senate-passed FOIA Improvement Act of 2015, legislation to improve the Freedom of Information Act (FOIA), the law providing the right to request access to records from any federal agency. Successful House passage of S. 337 would send the legislation to the President. The White House has indicated the President would sign the Senate-passed FOIA reform bill into law.
On Tuesday the House plans to turn to consideration of H.R. 5053, the Preventing IRS Abuse and Protecting Free Speech Act. A response to the scandal over allegations of political targeting of conservative non-profit groups by the IRS, H.R. 5053 would limit the information that a tax-exempt organization must report about its contributors on its annual information return. Under current law, some organizations that are tax-exempt under section 501(c) of the Internal Revenue Code must report to the IRS the names and addresses or other identifying information of contributors of $5,000 or more. The bill would amend the Internal Revenue Code to prohibit the IRS from requiring a tax-exempt organization to report in its annual filing identifying information of any contributor, except for disclosures relating to prohibited tax shelter transactions and for contributions of $5,000 or more by officers, directors, or certain highly-paid employees of the organization. Consideration of H.R. 5053 will be subject to a rule.
The House is expected to spend the remainder of the week on H.R. 5293, the FY 2017 Department of Defense Appropriations Act. Despite a pledge from leadership earlier this year to keep an open amendment process on the House floor, last week the Republican conference agreed on a structured rule process for appropriations bills moving forward. The Rules Committee established that consideration of the defense spending bill will proceed under a structured rule, which will allow the committee to filter the amendments and avoid divisive votes on “poison pill” amendments. Democrats are calling the move away from an open amendment process hypocritical, but Republicans have defended the move as necessary to prevent the minority from blowing up the appropriations process. This debate reflects the ill-will generated during last month’s floor consideration of the FY 2017 Energy and Water appropriations, which failed after an amendment was adopted barring discrimination against LGBT workers employed by companies with federal contracts.
Beyond the amendment process, the prolonged dispute over defense budget and spending caps for FY 2017 remains a point of contention between Democrats and Republicans, and within the Republican conference. H.R. 5293 was reported out of the Appropriations Committee in March by a voice vote, but with many Democrats expressing reservations about the bill’s funding mechanism, which shifts $18 billion in overseas contingency operations (OCO) funding to boost defense spending above statutory budget caps. This shift in funds from the OCO account mirrors the defense authorization bill reported by the Armed Services Committee and passed by the House last month. Democrats and some Republicans oppose the diversion of funds from the OCO account because, if adopted, it would lead to a shortfall in operational funds next year, requiring supplemental appropriations. In the Senate, Armed Services Committee Chairman John McCain (R-AZ) failed last week to garner enough support for an amendment to the Senate’s defense authorization bill that also would have attached the additional $18 billion in funding, though his amendment would not have raided the OCO accounts. Likewise, Senate Democrats failed to pass an amendment to the NDAA that would have increased other domestic spending programs. Adding to the obstacles in front of the defense spending and authorization measures are veto threats issued on each chamber’s version of the defense authorization bill.
With the defeat of the House Energy & Water appropriations bill last month, the failure to pass the defense appropriations bill this week would likely terminate the House’s efforts to pass additional appropriations bills. Therefore, House Republican leaders need to keep problematic amendments off the bill and secure passage of the bill if they are to continue to try to show the public they are capable of governing. The inter- and intra-party squabbles that blew up the Energy & Water bill remain, and no one realistically expects the House to clear all 12 appropriations bills; this week will determine whether it will actually be able to clear any bills beyond the Legislative Branch bill it managed to pass last week.
On the other side of the Capitol, the Senate resumes legislative business on Monday. Debate is expected on several amendments that remain pending to the Senate defense authorization bill, on which cloture was invoked last week. Two votes are expected on Tuesday morning: the first on final passage of S. 2943, the National Defense Authorization Act for FY 2017, and the second on a motion to proceed to H.R. 2578, the vehicle for consideration the Senate Committee-reported FY 2017 Commerce, Justice, Science (CJS) Appropriations bill.
After its consideration was significantly slowed down by procedural disputes, the Senate is looking to complete work on the defense authorization bill on Monday and Tuesday. The Senate legislation remains under criticism from both sides over controversial provisions, which include restrictions on Guantánamo Bay transfers, a requirement that women register with the Selective Service System, and reforms to the defense-acquisition process. Should the Senate successfully pass its bill this week, a conference committee is expected to be convened to work out the differences between the Senate and House versions of the bill over the coming weeks, as congressional Republican leaders will aim to pass the bill before starting their summer break on July 15.
Upon completion of consideration of the defense bill, the Senate aims to begin consideration of the CJS Appropriations bill, which provides more than $56 billion in funding for a variety of federal agencies and programs, including law enforcement, science and research, space and weather forecasting, and the 2020 Census. The bill is expected to consume the balance of the week.
Also on the Senate calendar now is H.R. 5278, the Puerto Rico Oversight, Management, and Economic Stability Act, the legislation passed last week by a large, bipartisan majority in the House to restructure Puerto Rico’s $70 billion debt. Majority Leader McConnell has pledged to take up the legislation prior to the next recess, which is scheduled to start at the end of next week, and the impending July 1 date when Puerto Rico faces a $2 billion debt payment it cannot make.
While the House and Senate floor activity will be dominated by consideration of appropriations bills, the Appropriations Committees in both chambers continue to mark up their respective bills for FY 2017. The Senate Appropriations Committee is scheduled to mark up two additional measures this week. The Subcommittee on the Interior, Environment, and Related Agencies plans to consider its FY 2017 spending measure on Tuesday, while the Subcommittee on Financial Services and General Government is scheduled to meet on Wednesday to report its bill. The full committee will hold its markup of both bills on Thursday morning.
The House Appropriations Committee is scheduled to meet Tuesday morning to consider the FY 2017 Homeland Security bill and again on Wednesday morning to consider the Interior and Environment Appropriations bill. As discussed above, the future of the House appropriations process for FY 2017 may be contingent upon consideration of the defense spending measure on the floor this week.
Other House and Senate Committees have a busy hearing schedule, as well. The House Energy & Commerce Subcommittee on Communications and Privacy will hold a Tuesday hearing to examine the Federal Communications Commission’s proposed privacy rules for internet service providers (ISPs). The privacy proposal, adopted by the FCC on March 31, would limit the ability of ISPs to track the web history of subscribers for targeted advertising purposes by allowing subscribers to opt out, or by requiring the ISPs to obtain express consent before using and sharing the customer data with third parties. House Energy and Commerce Committee Chairman Fred Upton (R-MI), Commerce, Manufacturing, and Trade Subcommittee Chairman Michael Burgess (R-TX), and Communications and Technology Subcommittee Chairman Greg Walden (R-OR) sent a letter to FCC Commissioner Tom Wheeler earlier this month expressing opposition to the proposed rules, which they said “miss the point.” The privacy rules were also the subject of a Senate Judiciary Committee hearing last month.
The Energy and Commerce Committee has also scheduled a full committee markup on Wednesday to consider several bills, including a new draft of H.R. 2646, the Helping Families in Mental Health Crisis Act, a bill to reform the nation’s mental health system by focusing programs and resources on psychiatric care for patients and families most in need of services. The Senate Health, Education, Labor and Pensions (HELP) Committee and the Energy and Commerce Committee have both been working on legislation to address some of the numerous shortcomings of the nation’s mental health systems. The House Energy and Commerce Subcommittee on Health advanced H.R. 2646 last November on a mostly party line vote of 18-12, but its lead sponsor Rep. Tim Murphy (R-PA) and Committee Chairman Upton have been working to make revisions to address concerns with controversial provisions. Press reports indicate committee Democrats will be meeting ahead of the Wednesday markup to discuss the new draft of the bill. Press reports also indicate that key senators involved in the mental health issue are trying to attach the Senate version of the bill to the conference report on the opioid-abuse legislation, the Comprehensive Addiction and Recovery Act, passed in differing versions by both chambers and now awaiting consideration by a conference committee. Hang-ups over the bill involve funding and the potential that it will engender debate over gun control.
On Wednesday the Senate Homeland Security and Governmental Affairs Committee will hold its third hearing in a series on “America’s Insatiable Demand for Drugs.” This hearing will focus on alternative approaches for potential solutions. Previous events have brought together policy experts and law enforcement to discuss border security and drug trafficking and examine the federal resources directed to the war on drugs.
The Senate Finance Committee will consider energy tax policy, and likely its place in the context of broader tax reform, at a Tuesday hearing. The House and Senate are also on the verge of conferencing their two versions of comprehensive energy legislation passed earlier this year. Leader McConnell’s office has indicated a formal motion to go to conference with the House on the legislation is potentially on the horizon.
Mary Jo White, Chairman of the Securities and Exchange Commission (SEC), will be appearing before the Senate Banking Committee on Tuesday for an SEC oversight hearing.
U.S. foreign policy is the subject of several events this week. Following last week’s Senate Foreign Relations Committee hearing on U.S. and NATO relations with Russia, the House Foreign Affairs Committee is scheduled to examine the U.S. relationship with “Putin’s Russia” on Tuesday. Committee Chairman Ed Royce (R-CA) said the hearing “will look at ways to improve our U.S. policy in order to counter Russia’s aggression and secure American interests.” The panel of witnesses providing testimony includes two former ambassadors: Michael McFaul, who served as Ambassador to Russia under President Obama from 2012 through 2014, and Jack Matlock, who served as Ambassador to the U.S.S.R. from 1981 through 1983 under President Reagan.
Details for these hearings and other hearings scheduled this week are included below:
Tuesday, June 14, 2016
House Committees
Impact of G-20 Clearing and Trade Execution Requirements
House Agriculture – Subcommittee on Commodity Exchanges, Energy, and Credit
Subcommittee Hearing
10 a.m.
FY 2017 Homeland Security Appropriations
House Appropriations
Full Committee Markup
10:30 a.m.
Combatting Superbugs: U.S. Public Health Responses to Antibiotic Resistance
House Energy and Commerce – Subcommittee on Oversight and Investigations
Subcommittee Hearing
10 a.m.
FCC Overreach: Examining the Proposed Privacy Rules
House Energy and Commerce – Subcommittee on Communications and Technology
Subcommittee Hearing
10:15 a.m.
U.S. Policy Towards Putin’s Russia
House Foreign Affairs
Full Committee Hearing
10 a.m.
National Security Risks Posed by Visa Overstays
House Homeland Security – Subcommittee on Border and Maritime Security
Subcommittee Hearing
10 a.m.
Certainty for States and Tribes Act
House Natural Resources – Subcommittee on Energy and Mineral Resources
Subcommittee Hearing
10 a.m.
Oversight of the National Park Service
House Oversight and Government Reform
Full Committee Hearing
10 a.m.
Coast Guard Mission Needs and Resource Allocation
House Transportation and Infrastructure – Subcommittee on Coast Guard and Maritime Transportation
Subcommittee Hearing
10 a.m.
Expanding U.S. Agriculture Trade and Eliminating Barriers to U.S. Exports
House Ways and Means – Subcommittee on Trade
Subcommittee Hearing
10 a.m.
Pending Legislation
House Natural Resources – Subcommittee on Indian, Insular and Alaska Native Affairs
Subcommittee Hearing
11 a.m.
State Department Oversight
House Oversight and Government Reform
Full Committee Hearing
2 p.m.
Senate Committees
FY 2017 Interior-Environment Appropriations
Senate Appropriations – Subcommittee on Interior, Environment and Related Agencies
Subcommittee Markup
9:30 a.m., 124 Dirksen Bldg.
SEC Oversight
Senate Banking, Housing and Urban Affairs
Full Committee Hearing
10 a.m., 538 Dirksen Bldg.
Oil and Gas Pipeline Infrastructure
Senate Energy and Natural Resources
Full Committee Hearing
10 a.m.,
Energy Tax Policy in 2016 and Beyond
Senate Finance
Full Committee Hearing
10 a.m., 215 Dirksen Bldg.
EPA Oversight and Progress on Implementing IG/GAO Recommendations
Senate Environment and Public Works – Subcommittee on Superfund, Waste Management and Regulatory Oversight
Subcommittee Hearing
3 p.m.
Intelligence Matters
Senate Select Intelligence
Full Committee Briefing CLOSED
2:30 p.m., 219 Hart Bldg.
Wednesday, June 15, 2016
House Committees
FY 2017 Interior-Environment Appropriations
House Appropriations
Full Committee Markup
9:30 a.m.
Department of Defense Update on Financial Improvement and Audit Readiness
House Armed Services
Full Committee Hearing
10 a.m.
Congressional Budgeting: The Need for Fiscal Goals
House Budget
Full Committee Hearing
10 a.m.
Egypt: Challenges and Opportunities for U.S. Policy
House Foreign Affairs – Subcommittee on the Middle East and North Africa
Subcommittee Hearing
10 a.m.
The Cybersecurity Act of 2015: Industry Perspectives
House Homeland Security
Full Committee Hearing
10 a.m.
Innovation in Solar Fuels, Electricity Storage, and Advanced Materials
House Science, Space and Technology – Subcommittee on Energy
Subcommittee Hearing
10 a.m.
A Review of the Federal Aviation Administration’s Air Traffic Controller Hiring, Staffing and Training Plans
House Transportation and Infrastructure – Subcommittee on Aviation
Subcommittee Hearing
10 a.m.
Investigating VA’s Management of Veterans’ Paper Records
House Veterans’ Affairs – Subcommittee on Disability Assistance and Memorial Affairs
Subcommittee Hearing
10 a.m.
State Perspectives on BLM’s Draft Planning 2.0 Rule
House Natural Resources – Subcommittee on Oversight & Investigations
Subcommittee Hearing
2:30 p.m.
Human Spaceflight Ethics and Obligations: Options for Monitoring, Diagnosing, and Treating Former Astronauts
House Science, Space and Technology
Full Committee Hearing
2 p.m.
Examining 21st Century Programs and Strategies for Veteran Job Seekers
House Veterans’ Affairs – Subcommittee on Economic Opportunity
Subcommittee Hearing
2 p.m.
Pending Legislation/ Helping Families in Mental Health Crisis Act
House Energy and Commerce
Full Committee Markup
June 15 TBA
Senate Committees
FY 2017 Financial Services Appropriations
Senate Appropriations – Subcommittee on Financial Services and General Government
Subcommittee Markup
10 a.m., 138 Dirksen Bldg.
Pending Business
Senate Commerce, Science and Transportation
Full Committee Markup
10 a.m.. 253 Russell Bldg.
Barriers to Education Globally: Getting Girls in the Classroom
Senate Foreign Relations – Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights and Global Women’s Issues
Subcommittee Hearing
10 a.m., 419 Dirksen Bldg.
Child Care Development Block Grants
Senate Health, Education, Labor and Pensions
Full Committee Hearing
10 a.m., 430 Dirksen Bldg.
America’s Insatiable Demand for Drugs: Examining Potential Approaches
Senate Homeland Security and Governmental Affairs
Full Committee Hearing
10 a.m., 342 Dirksen Bldg.
Assessing the Coast Guard’s Increasing Duties: A focus on drug and migrant interdiction
Senate Commerce, Science and Transportation – Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard
Subcommittee Hearing
2 p.m., 253 Russell Bldg.
Pending Legislation
Senate Energy and Natural Resources – Subcommittee on National Parks
Subcommittee Hearing
2:30 p.m.
Counterfeit Goods & Opportunities for Small Business Exporters in the Digital Age
Senate Finance
Full Committee Hearing
2 p.m., 215 Dirksen Bldg.
U.S. Policy in Libya
Senate Foreign Relations
Full Committee Hearing
2:15 p.m., 419 Dirksen Bldg.
Innovations To Promote Financial Security
Senate Special Aging
Full Committee Hearing
2:30 p.m., 562 Dirksen Bldg.
Thursday, June 16, 2016
House Committees
Budget Process Reform
House Budget
Full Committee Hearing
10:30 a.m.
The Global Religious Freedom Crisis and Its Challenge to U.S. Foreign Policy
House Foreign Affairs – Subcommittee on Africa, Global Health, Global Human Rights and International Organizations
Subcommittee Hearing
12:30 p.m.
Firearms and Munitions at Risk: Examining Inadequate Safeguards
House Oversight and Government Reform
Full Committee Hearing
11 a.m.
Small Business Technology Transfer Review
House Science, Space and Technology – Subcommittee on Research and Technology
Subcommittee Hearing
9:30 a.m.
Senate Committees
Interior-Environment/Financial Services Appropriations
Senate Appropriations
Full Committee Markup
10:30 a.m., 106 Dirksen Bldg.
Goldfein Nomination (Air Force)
Senate Armed Services
Full Committee Hearing
9:30 a.m., G-50 Dirksen Bldg.
Our Evolving Understanding and Response to Transnational Criminal Threats
Senate Foreign Relations
Full Committee Hearing
9:30 a.m., 419 Dirksen Bldg.
Reviewing the Rulemaking Records of Independent Regulatory Agencies
Senate Homeland Security and Governmental Affairs – Subcommittee on Regulatory Affairs and Federal Management
Subcommittee Hearing
10 a.m., 342 Dirksen Bldg.
Pending Legislation/Nominations
Senate Judiciary
Full Committee Markup
10 a.m., 226 Dirksen Bldg.
Intelligence Matters
Senate Select Intelligence
Full Committee Hearing CLOSED
9 a.m., 216 Hart Bldg.
Keeping the American Dream Alive: The Challenge to Create Jobs Under the NLRB’s New Joint Employer Standard
Senate Small Business and Entrepreneurship
Full Committee Hearing
11 a.m., 428-A Russell Bldg.
Friday, June 17, 2016
Senate Committees
Indian Health Service Accountability
Senate Indian Affairs
Full Committee Field Hearing
12:30 p.m., Central High School Auditorium, 433 Mt. Rushmore Road, Rapid City, South Dakota