Appropriations continue to dominate floor activity in both the House and Senate this week, but questions over the future of the Fiscal Year (FY) 2017 appropriations process will shift to the Senate where Democrats have forced votes on firearms issues in the wake of the Orlando nightclub massacre. While these firearms-related proposals are likely to fail the 60-vote threshold, the showdown over Second Amendment rights may affect the fate of the underlying appropriations bill and the funding process moving forward.
The Senate returns on Monday to resume consideration of H.R. 2578, the vehicle for the Senate Committee-reported FY 2017 Commerce, Justice, Science (CJS) Appropriations bill. Votes are scheduled on four amendments related to gun control, two Democratic amendments and two competing Republican amendments. Senators Chuck Grassley (R-IA) and Ted Cruz (R-TX) have an amendment pending to increase the availability of records to the National Instant Criminal Background Check System (NICS) and increase resources for the mental health system. A background check amendment proposed by Senators Chuck Schumer (D-NY), Chris Murphy (D-CT) and Cory Booker (D-NJ) to close the so-called “gun-show loophole” and require background checks for gun purchases online and at gun shows will also receive a vote. Senator Dianne Feinstein (D-CA) has proposed an amendment to bar the sale of a gun to any individual on the federal terrorist watch list or any individual who has been on such a list in the past five years. A competing amendment offered by Senator John Cornyn (R-TX) would give the Justice Department 72 hours to delay the sale of a gun to any suspected terrorist on the watch list, giving the agency an opportunity to seek an ex parte judicial determination that the prospective purchaser poses a credible threat of terrorism, in which case the court could block the gun sale. Republicans argue that the Democratic proposals go too far in restricting Second Amendment rights, and Democrats criticize the Republican measures as inadequate. The Cornyn and Feinstein amendments were each considered by the Senate last December, following the terrorist attack in San Bernardino, California, but both measures failed to achieve the necessary 60 votes for passage. The Feinstein language received 45 votes and the Cornyn proposal had 55 votes in support. Each of the amendments to be considered on Monday will be subject to the same 60-vote threshold for adoption and, as mentioned above, each is expected to fail to garner enough support for inclusion in the underlying bill.
Following these stacked Monday firearms-related votes, it is possible Senate Democrats will attempt to filibuster the underlying $56 billion spending bill. Should they allow a vote on final passage of the CJS appropriations bill this week, it is possible Democrats will continue to force the issue on other appropriations bills considered by the Senate this summer. The fate of the appropriations process, so far successful in the Senate, may hang in the balance. In addition, press reports indicate that several other senators are working on a bipartisan proposal to restrict gun sales to suspected terrorists, but a draft has not yet been made available and it is unclear whether such a compromise bill would have enough support to meet the 60-vote threshold that will be required for passage.
If the Senate overcomes the possible derailment of the process from the firearms issues, it is likely to take up additional appropriations bills as it aims for the July 15 start of an extended summer recess. Also on deck for consideration by the Senate is the House-passed bill to help Puerto Rico restructure its $70 billion debt, which Majority Leader Mitch McConnell (R-KY) has pledged to take up before the July 1 date on which Puerto Rico faces its next bond payments, which it has acknowledged it cannot satisfy. Although there is dissatisfaction with the House-passed bill among senators of both parties, there appear to be no options left for Puerto Rico to avoid a crippling default come July 1 except the enactment of the pending legislation. Because of the lack of options, the legislation is expected to pass before July 1, and the President has indicated he will sign the bill when it is sent to him.
The House returns to legislative business on Tuesday when members will consider 22 bills under suspension of the rules. Most of these bill provide name designations to post offices and Department of Veterans Affairs health facilities. Among the more substantive bills are four health care measures reported out of the Ways and Means Committee, including H.R. 5447, the Small Business Health Care Relief Act, which would allow employers to use Health Reimbursement Arrangements for employees to purchase insurance on the individual market. Existing guidance issued by the Treasury Department disqualified these arrangements under the Affordable Care Act’s minimum-benefit and annual dollar-cap requirements.
During the remainder of the week, the House is expected to consider H.R. 1270, the Restoring Access to Medication Act, also reported out of the Ways and Means Committee. This legislation would allow for disbursements from health savings accounts, medical savings accounts, and health flexible spending arrangements for over-the-counter drugs. Current rules under the Affordable Care Act only allow these disbursements for the purchase of prescription drugs and insulin. Consideration of H.R. 1270 will be subject to a rule.
Members will also consider H.R. 4768, the Separation of Powers Restoration Act, legislation designed to limit agencies’ rulemaking authority. The legislation would effectively override the so-called Chevron doctrine, established by the Supreme Court, under which courts must defer to an executive branch agency’s interpretation of ambiguous statutes administered by the agency. H.R. 4768 clarifies that courts are to interpret the law without deference to the agency’s interpretation. The bill was reported by the Judiciary Committee on a party-line vote, with Republicans in support and Democrats opposed. When the Chevron case was decided by the Supreme Court during the Reagan administration, it was hailed by Republicans, who chafed at judges appointed by prior Democratic presidents blocking agencies for reflecting the perspective of the new Republican president, and castigated by Democrats. With a Democrat in the White House now, their roles are reversed. The merits of the debate underlying the relative deference owed by courts to agencies in the administration of the laws is beyond the scope of this column. It is enlightening to see, however, that principle is often a short-term commodity among elected officials. Consideration of H.R. 4768 will be subject to a rule.
The House is scheduled to hold a vote to override the President’s veto of H.J. Res. 88, a disapproval resolution intended to block the Department of Labor’s controversial “fiduciary” rule. The rule sets new standards for investment advisors with respect to retirement accounts. Because neither the House nor the Senate have the two-thirds majority needed to override the veto, the House vote will largely be a symbolic gesture of disapproval for the Administration’s support of the rule.
Additionally this week the House is expected to take up H.R. 5845, the FY 2017 Financial Services and General Government Appropriations Act, subject to a rule. The $21.7 billion funding bill provides appropriations for the Treasury Department, the Judiciary, the Small Business Administration, the Securities and Exchange Commission, and other agencies. The Financial Services and General Government spending measure is considered one of the more controversial of the 12 annual appropriations bills because of policy riders that are opposed by most Democrats and the Administration. The FY 2017 measure includes several policy riders that have been included in previous bills, such as a provision that would temporarily block the Federal Communications Commission’s net neutrality rules until a pending court case is resolved. The D.C. Circuit last week upheld the net neutrality rule, and although a petition to the Supreme Court is likely, it is uncertain whether the Court would agree to hear the case. Therefore, even if this rider is retained in the final bill, the net neutrality rules are likely to take effect by next year. Other contentious provisions include a restructuring of the Consumer Financial Protection Bureau and changes to the District of Columbia’s control over its own tax dollars. Consideration of the Financial Services and General Government Appropriations Act for FY 2017 will be subject to the same structured rule process that governed consideration of the defense spending bill last week in order to avoid votes on controversial amendments.
The House Appropriations Committee will meet on Wednesday to mark up its Homeland Security Appropriations bill for FY 2017, after postponing a scheduled June 14 markup following the terror attack in Orlando, Florida. In a statement, House Appropriations Committee Chairman Hal Rogers (R-KY) said “It is important for the Appropriations Committee to ensure that our legislation that funds the Department of Homeland Security reflects any emerging or future needs the Department may have.” He also said the postponement would “allow time for careful consideration of any necessary changes that may or may not be needed.”
Other congressional committees are focusing on the violent attack in Orlando and terrorism, with several hearings scheduled this week on issues of radicalization and homeland security. The Senate Homeland Security and Governmental Affairs Committee meets on Tuesday to discuss the ideology of ISIS with religious studies and Middle East policy experts providing testimony. On Thursday afternoon the House Oversight and Government Reform Subcommittee on National Security, Homeland Defense and Foreign Operations and the Subcommittee on Government Organization, Efficiency and Financial Management will convene a joint hearing on the rise of terrorism and radicalization in the United States. The House Financial Services Task Force to Investigate Terrorism Financing has scheduled a Thursday hearing on terror network financing and stopping the next terrorist financiers before they start.
Cybersecurity is the focus of two House hearings this week. The Oversight and Government Reform Subcommittee on Information Technology is hosting a field hearing in Illinois on Monday to discuss the implementation of the Cybersecurity Act of 2015, signed into law in December 2015, and to hear private sector views on cyber threats. The hearing is also expected to cover the Administration’s Cybersecurity National Action Plan and its creation of the Presidential Commission on Enhancing National Cybersecurity to make recommendations for actions to be taken during the next decade to strengthen cybersecurity. On Wednesday morning the House Armed Services Committee has scheduled a hearing to review military cyber operations.
The Senate Judiciary Committee has a busy hearing schedule. The full committee meets on Tuesday to consider a federal circuit court nominee and three district court nominees. This hearing is notable because Senate Judiciary Committee Chairman Chuck Grassley (R-IA) has pledged to shut the door on the judicial confirmation process this summer, before the November election, which has been the bipartisan practice of his predecessors when the president was of the opposing party. Press reports indicate Chairman Grassley is implementing the cut-off date when Congress departs for its summer recess in July, meaning this week’s scheduled hearing could be the last, or one of the last, opportunities for the committee to advance President Obama’s judicial nominees.
The Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights is scheduled to meet on Tuesday afternoon for a hearing on S. 3056, the Creating and Restoring Equal Access to Equivalent Samples (CREATES) Act of 2016. This bipartisan legislation, introduced by the Judiciary Committee’s Ranking Member Patrick Leahy (D-VT), would attempt to end delay tactics that are used by some brand-name drug manufacturers to block competition from more affordable generic versions of their products. The high cost of pharmaceutical products has been the subject of scrutiny in the 114th Congress, with a number of hearings held in the last six months, and has attracted public attention across the United States. The legislation, which focuses on two particular tactics of delay of generic competition, would allow a generic drug company facing alleged competitive delays to bring an action in federal court for injunctive relief, and authorizes judges to award damages.
On Wednesday morning the full Judiciary Committee will hold a hearing on oversight of the Drug Enforcement Administration (DEA).
On the other side of the Capitol, the House Judiciary Committee is holding its second hearing on allegations of misconduct against IRS Commissioner John Koskinen. The Committee is reviewing Mr. Koskinen’s role in the investigation of the political targeting of conservative non-profit groups by the IRS, and may consider impeaching him should the committee find substantial evidence of misconduct. At the previous hearing in May, the Judiciary Committee heard testimony from members of the Oversight Committee who, along with the Ways & Means Committee, have led the inquiry into political manipulation by the IRS. Outside experts have been invited to testify before the Judiciary Committee on Wednesday morning to discuss the findings from the previous hearing and provide recommendations for any further congressional action.
Federal Reserve Board Chairman Janet Yellen provides her semi-annual testimony to the Senate Banking Committee on Tuesday and the House Financial Services Committee on Wednesday.
U.S. Secretary of Education John King will be appearing before the House Committee on Education and the Workforce on Thursday morning, along with state and local education leaders, to discuss the Every Student Succeeds Act, the new K-12 education law enacted in December.
Environmental Protection Agency (EPA) Administrator Gina McCarthy will be appearing as the sole witness before the House Science, Space, and Technology Committee hearing on Wednesday to discuss “sound science” at the agency. Concerns have been raised previously over the integrity of science in particular EPA findings and rulings. Also on Wednesday, the House Natural Resources Committee will hold an oversight hearing to review the “appropriate role” for National Environmental Policy Act (NEPA) in the land permitting process.
On issues of international policy, the House Foreign Affairs Committee is hosting two high profile events this week. The Subcommittee on the Western Hemisphere is meeting Wednesday to analyze the current economic and political crisis in Venezuela and the potential ripple effect on its South American neighbors. Representatives from the State Department, Department of Commerce, and Treasury are scheduled to appear as witnesses. The Subcommittee on Asia and the Pacific will hold a hearing on Thursday regarding U.S. policy influence in the Pacific.
Also on Thursday, the Senate Foreign Relations Committee will discuss the upcoming NATO Summit in Warsaw and potential outcomes for the alliance and for U.S. foreign policy.
Finally, all eyes on Capitol Hill will be focused on a vote taking place across the Atlantic on Thursday, when the British go to the polls to decide whether to remain in the European Union. The outcome is expected to be close, and the campaign is redolent of many of the same issues roiling domestic U.S. politics: immigration, populism, economic dynamism in the context of growing wealth disparities. A vote to remain in the EU is not likely to work much dramatic change; a vote by the British to leave the EU could have dramatic effects globally. Nothing taking place in Washington this week approaches the gravity of that election.
The details on congressional committee hearings scheduled for this week are included below:
Monday, June 20, 2016
House Committees
Federal Efforts to Improve Cybersecurity
House Oversight and Government Reform – Subcommittee on Information Technology
Subcommittee Field Hearing
9:30 a.m., United States Courthouse, Courtroom 2525, 219 Dearborn St., Chicago, Illinois
Access and Accountability: Examining Obstacles to High Quality Patient Care in Louisiana
House Veterans’ Affairs – Subcommittee on Health
Subcommittee Field Hearing
4 p.m., Pineville City Council Chambers, Pineville City Hall, 910 Main St., Pineville, Louisiana
Tuesday, June 21, 2016
House Committees
Protecting our Passengers: Perspectives on Securing Surface Transportation in New Jersey and New York
House Homeland Security – Subcommittee on Emergency Preparedness, Response and Communications
Subcommittee Field Hearing
10 a.m., New Jersey City University, 2039 Kennedy Boulevard, Hepburn Hall, Room 202, Jersey City, New Jersey
Senate Committees
Pending Nominations
Senate Armed Services
Full Committee Hearing
9:30 a.m.
The Semiannual Monetary Policy Report to the Congress
Senate Banking, Housing and Urban Affairs
Full Committee Hearing
10 a.m.
Public Safety Broadband Network
Senate Commerce, Science and Transportation – Subcommittee on Communications, Technology and the Internet
Subcommittee Hearing
10 a.m.
The Ideology of ISIS
Senate Homeland Security and Governmental Affairs
Full Committee Hearing
10 a.m.
Pending Nominations
Senate Judiciary
Full Committee Hearing
9:30 a.m.
Oversight of BLM’s Planning 2.0 Initiative
Senate Energy and Natural Resources – Subcommittee on Public Lands, Forests and Mining
Subcommittee Hearing
2:30 p.m.
Pending Nominations
Senate Foreign Relations
Full Committee Hearing
2:30 p.m.
Small Business Retirement Pooling: Examining Open Multiple Employer Plans
Senate Health, Education, Labor and Pensions – Subcommittee on Primary Health and Retirement Security
Subcommittee Hearing
2:30 p.m.
The CREATES Act: Ending Regulatory Abuse, Protecting Consumers, and Ensuring Drug Price Competition
Senate Judiciary – Subcommittee on Antitrust, Competition Policy and Consumer Rights
Subcommittee Hearing
2 p.m.
Intelligence Matters
Senate Select Intelligence
Full Committee Briefing (CLOSED)
2:30 p.m.
O’Connor Nomination
Senate Veterans’ Affairs
Full Committee Hearing
2:30 p.m.
Wednesday, June 22, 2016
House Committees
Smithsonian National Air and Space Museum Revitalization
House Administration
Full Committee Hearing
10:30 a.m.
SNAP Effectiveness in Nutrition Education
House Agriculture
Full Committee Hearing
10 a.m.
Homeland Security Appropriations
House Appropriations
Full Committee Markup
10:30 a.m.
Military Cyber Operations
House Armed Services
Full Committee Hearing
10 a.m.
Congressional Budget Enforcement
House Budget
Full Committee Hearing
10 a.m.
Renewable Fuel Standard Implementation Issues
House Energy and Commerce – Subcommittee on Energy and Environment
Subcommittee Hearing
10 a.m.
Monetary Policy and the State of the Economy
House Financial Services
Full Committee Hearing
10 a.m.
IRS Commissioner Misconduct (Part II)
House Judiciary
Full Committee Hearing
10 a.m.
Environmental Permitting Process
House Natural Resources
Full Committee Hearing
10 a.m.
Ensuring Sound Science at EPA
House Science, Space and Technology
Full Committee Hearing
10 a.m.
Intelligence Matters
House Select Intelligence – Department of Defense Intelligence and Overhead Architecture Subcommittee
Subcommittee Hearing
10 a.m.
Audits and Attitudes: Is the IRS Helping or Hurting Small Businesses?
House Small Business – Subcommittee on Economic Growth, Tax and Capital Access
Subcommittee Hearing
10:30 a.m.
FAA Commercial Space Transportation Oversight
House Transportation and Infrastructure
Full Committee Hearing
10 a.m.
Venezuela’s Crisis: Impact on the Region
House Foreign Affairs – Subcommittee on the Western Hemisphere
Subcommittee Hearing
1 p.m.
The President’s Visit to Vietnam: A Missed Opportunity to Advance Human Rights
House Foreign Affairs – Subcommittee on Africa, Global Health, Global Human Rights and International Organizations
Subcommittee Hearing
2 p.m.
Cuba Commercial Air Service Security Risks (Part II)
House Homeland Security – Subcommittee on Transportation Security
Subcommittee Hearing
2 p.m.
Examining H.R. 2304, the SPEAK FREE Act
House Judiciary – Subcommittee on the Constitution and Civil Justice
Subcommittee Hearing
1 p.m.
BLM’s Wild Horse and Burro Program
House Natural Resources – Subcommittee on Federal Lands
Subcommittee Hearing
2:30 p.m.
Social Security Board of Trustees Report
House Ways and Means – Subcommittee on Social Security
Subcommittee Hearing
2 p.m.
Senate Committees
U.S. Security Assistance: Cutting Through a Tangled Web of Authorities
Senate Foreign Relations
Full Committee Hearing (CLOSED)
10:30 a.m.
Renewing Communities and Providing Opportunities Through Innovative Solutions to Poverty
Senate Homeland Security and Governmental Affairs
Full Committee Hearing
10 a.m.
DEA Oversight
Senate Judiciary
Full Committee Hearing
10 a.m.
Ozone Standards Compliance
Senate Environment and Public Works – Subcommittee on Clean Air, Climate Change and Nuclear Safety
Subcommittee Hearing
2:30 p.m.
Rural Development Programs
Senate Indian Affairs
Full Committee Hearing
2:15 p.m.
VA Information Technology Modernization
Senate Veterans’ Affairs
Full Committee Hearing
2:30 p.m.
Thursday, June 23, 2016
House Committees
Big Data and Agriculture
House Agriculture – Subcommittee on General Farm Commodities and Risk Management
Subcommittee Hearing
10 a.m.
Next Steps in K-12 Education: Examining Recent Efforts to Implement the Every Student Succeeds Act
House Education and the Workforce
Full Committee Hearing
9 a.m.
The Next Terrorist Financiers: Stopping Them Before They Start
House Financial Services – Investigate Terrorism Financing Task Force
Subcommittee Hearing
10 a.m.
The Administration’s Response to Findings of Unethical and Criminal Conduct at the Department of the Interior
House Natural Resources – Subcommittee on Oversight & Investigations
Subcommittee Hearing
10 a.m.
Pending Legislation
House Natural Resources – Subcommittee on Water, Power and Oceans
Subcommittee Hearing
10:30 a.m.
Damaging Repercussions: DOL’s Overtime Rule, Small Employers, and their Employees
House Small Business
Full Committee Hearing
10 a.m.
Pending Legislation
House Veterans’ Affairs
Full Committee Hearing
10:30 a.m.
The Judicial Branch and the Efficient Administration of Justice
House Judiciary – Subcommittee on Courts, Intellectual Property and the Internet
Subcommittee Hearing
3 p.m.
Organ Harvesting: An Examination of a Brutal Practice
House Foreign Affairs – Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations; Subcommittee on Europe, Eurasia, and Emerging Threats
Subcommittees Joint Hearing
2 p.m.
U.S. Policy In the Pacific: The Struggle to Maintain Influence
House Foreign Affairs – Subcommittee on Asia and the Pacific
Subcommittee Hearing
2:15 p.m.
Radicalization in the U.S. and the Rise of Terrorism
House Oversight and Government Reform – Subcommittee on National Security, Homeland Defense and Foreign Operations; House Oversight and Government Reform – Subcommittee on Government Organization, Efficiency and Financial Management
Subcommittees Joint Hearing
2 p.m.
Senate Committees
Wildfire Budget, Response and Forest Management
Senate Energy and Natural Resources
Full Committee Hearing
10 a.m.
NATO: Reviewing the Agenda and Assessing the Potential Outcomes of the Warsaw Summit
Senate Foreign Relations
Full Committee Hearing
10:30 a.m.
Customer Service and Billing Practices in the Cable and Satellite Television Industry
Senate Homeland Security and Governmental Affairs
Full Committee Hearing
10 a.m.
Veteran Owned Business Government Contract Preference
Senate Small Business and Entrepreneurship
Full Committee Hearing
10 a.m.
Bank Capital and Liquidity Regulation: Industry Perspectives
Senate Banking, Housing and Urban Affairs
Full Committee Hearing
10 a.m.
Beyond the Bench: Ramifications of the Supreme Court Kingdomware Decision
Senate Small Business and Entrepreneurship
Full Committee Hearing
10 a.m.
Ensuring Person-centered Care for Individuals with Serious Illness
Senate Special Aging
Full Committee Hearing
11 a.m.
Intelligence Matters
Senate Select Intelligence
Full Committee Briefing (CLOSED)
2 p.m.
Friday, June 24, 2016
House Committees
Strengthening our National Trauma System
House Energy and Commerce – Subcommittee on Health
Subcommittee Hearing
9:15 a.m.