Last week saw the President’s first speech to a joint session of Congress. The speech was widely regarded as a success, though its long-term effect in Congress is likely to be muted. Following the speech, Washington returned to a frenzy over contacts between persons involved in the Trump campaign and Russia. It is against this contentious backdrop that Congress returns to work this week. Legislative business in the Senate continues to follow the pattern of previous weeks, with consideration of resolutions of disapproval under the Congressional Review Act (CRA) and confirmation of the President’s appointees to federal agencies. The House will be taking up litigation reform legislation and appropriations legislation to fund the Defense Department through the remainder of Fiscal Year (FY) 2017. The highest profile activity in Congress this week, though, is expected to tin the relevant House committees, which plan to mark up the legislation to begin to repeal and replace the Affordable Care Act.
The Senate will return on Monday afternoon, when votes are expected on two resolutions of disapproval of federal regulations issued in the final months of the Obama Administration under the CRA. The first vote will be on H.J. Res. 37 to disapprove a rule from the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration revising provisions of the Federal Acquisition Regulation to require federal contractors to disclose findings of non-compliance with labor laws. The Senate is then scheduled to vote on the motion to proceed to H.J.Res 44, a resolution of disapproval of the Bureau of Land Management’s Resource Management Planning rule, finalized in December 2016. The regulation establishes the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act of 1976, but congressional Republicans, state and local governments, and affected property owners have complained the new process creates more confusion and greater uncertainty. The White House has announced support for both resolutions of disapproval, indicating the President would sign them into law upon Senate passage (both resolutions have already been approved by the House).
It is unclear what will consume Senate floor activity for the remainder of the week. It is possible the Majority Leader will initiate action on the nomination of Seema Verma to serve as Administrator of the Centers for Medicare and Medicaid Services. The nomination was advanced by the Senate Finance Committee last Thursday on a straight party-line vote.
On the other side of the Capitol, the House will return to legislative business on Tuesday, when members will consider seven bills, including five measures under the jurisdiction of the Transportation and Infrastructure Committee, under suspension of the rules.
On Wednesday, House members will consider three additional bills under suspension of the rules, all reported by the Natural Resources Committee.
The House will then take up H.R. 1301, the Department of Defense Appropriations Act for FY 2017, subject to a rule. The funding bill would replace the Department of Defense provisions of the current continuing resolution for FY 2017, which is set to expire on April 28, and provide funding through the end of this fiscal year, which ends on September 30. The legislation meets the overall defense spending limits set by law for FY 2017, providing $516.1 billion for base budget needs. The bill also provides $61.8 billion in Overseas Contingency Operations funding, which is the level allowed under current law. These amounts are also in line with the National Defense Authorization Act signed into law by President Obama in December. Unlike the Defense Appropriations bill that passed the House on a party-line vote last summer, this version of the defense spending bill maintains statutory budget limits. As a result, it is likely to garner more bipartisan support for House passage in this session of Congress. Press reports indicate the Trump Administration is preparing to request an additional $30 billion in supplemental funding for the Department of Defense in FY 2017, largely for readiness spending, but it remains unclear how Congress will respond to any supplemental appropriations request. It also remains unclear how or when Congress will deal with funding for the ten remaining FY 2017 spending bills before the continuing resolution expires on April 28.
During the remainder of the week, House members will consider three pieces of litigation reform legislation reported out of the House Judiciary Committee. Each will come to the floor under a rule.
On Thursday, the House will take up two of these measures. H.R. 725, the Innocent Party Protection Act, limits the ability of federal courts to remand cases to state court under certain circumstances. Members will also consider H.R. 985, the Fairness in Class Action Litigation Act of 2017. The bill includes language from a previous class action reform proposal, which passed the House in 2016, to prohibit federal courts from certifying any proposed class under Rule 23 of the Federal Rules of Civil Procedure unless the party seeking to maintain a class action demonstrates that each member of the proposed class suffered an injury of the same type and scope. This version of the legislation also includes some additional provisions related to class action litigation, including disclosure-requirements on third-party litigation financing.
The third litigation reform bill will be considered on Friday. H.R. 720, the Lawsuit Abuse Reduction Act of 2017, would amend Rule 11 of the Federal Rules of Civil Procedure to make the imposition of sanctions for violations of the Rule mandatory, not discretionary as under current law.
Also this week, House Republican leaders are expected to release their proposal to repeal and replace the Affordable Care Act. Supposed early versions of the legislation have been leaked over the past weeks, but an effort last week by Senator Rand Paul (R-KY) to remove the draft from the secure room in which it is being kept were rebuffed, so no one outside key legislators and staff have yet seen the actual bill, a fact that could change this week if it is in fact released. Once the bill is released, committee action is on tap, with markups this week, and prompt floor action can be expected as early as next week.
With all committees now organized, both chambers are facing busy hearing schedules.
The House Armed Services Committee has a busy week. There are two subcommittee hearings scheduled regarding military readiness levels. Army officials are scheduled to testify before the Subcommittee on Readiness regarding the state of the U.S. Army, while the Subcommittee on Seapower and Projection Forces will hear testimony on an independent assessment of the U.S. Naval Fleet. The Committee is also scheduled to hold two hearings on nuclear deterrence this week. On Wednesday morning, the full committee will hear insights from military leaders, including Gen. John Hyten, Commander of U.S. Strategic Command, and Gen. Paul Selva, Vice Chairman of the Joint Chiefs of Staff. The full committee will meet again Thursday to hear testimony from members of the Defense Science Board.
The Senate Armed Services Committee is hosting two similar events on nuclear deterrence on Wednesday afternoon. Members of the Subcommittee on Cybersecurity will receive a closed briefing on cybersecurity from the Defense Science Board, while the Subcommittee on Strategic Forces will hear testimony on the global nuclear weapons environment from experts and academics, including retired Gen. C. Robert Kehler, the former Commander of U.S. Strategic Command.
The House Judiciary Committee is scheduled to meet on Wednesday to review the Department of Homeland Security’s proposed regulations to reform the investor visa program. In January the agency issued a proposed rule to change the EB-5 investor visa program. Judiciary Committee Chairman Bob Goodlatte (R-VA) has generally been supportive of changes to the EB-5 program and during the last session of Congress introduced bipartisan legislation (H.R. 5992) to enact reforms, so he is likely to be supportive of the proposed regulation. Senate Judiciary Committee Chairman Charles Grassley (R-IA) and Senate Appropriations Committee Ranking Member (and former Judiciary Committee Chairman) Patrick Leahy (D-VT) are expected to be among the witnesses.
Senate committees are also scheduled to continue their review of President Trump’s appointees to executive branch agencies. On Tuesday morning the Judiciary Committee will consider the nominations of Rod Rosenstein to serve as Deputy Attorney General and Rachel Brand to serve as Associate Attorney General. In light of Attorney General Sessions’s announcement of last week that he would recuse himself from any Russia-related investigations into the Trump campaign, a great deal of attention can be expected on the nomination of Mr. Rosenstein, who has served as United States Attorney for Maryland for 12 years (appointed by President Bush and retained by President Obama). The Homeland Security and Governmental Affairs Committee has scheduled a Wednesday hearing to consider the qualifications of Elaine Duke to serve as Deputy Secretary of the U.S. Department of Homeland Security.
Federal Communications Commission (FCC) Chairman Ajit Pai and the two current Commissioners will appear before the Senate Commerce, Science, and Transportation Committee on Wednesday morning. This will be the first appearance by FCC officials before Congress under President Trump, and the first with Chairman Pai in this leadership role. An FCC oversight hearing is scheduled in the House Energy and Commerce Subcommittee on Communications and Technology on Wednesday afternoon.
A number of hearings related to infrastructure improvements and modernization efforts are scheduled throughout the week. The House Transportation and Infrastructure Subcommittee on Aviation will meet on Tuesday to discuss air transportation in the United States – its third in a series of hearings as part of its preparations for developing a Federal Aviation Administration reform and reauthorization bill later this year. At the same time, the Senate Appropriations Subcommittee on Transportation and Housing and Urban Development will meet to discuss funding for national infrastructure needs with representatives of national transportation associations. On Thursday, the House Natural Resources Subcommittee on Indian, Insular and Alaska Native Affairs is scheduled to meet regarding improvements to infrastructure in tribal and insular communities. The House Transportation and Infrastructure Subcommittee on Water Resources and Environment also plans to meet on Thursday to explore the role of federal agencies in building up and improving water infrastructure.
The House Agriculture Committee’s subcommittees continue their preparation for the 2018 Farm Bill with two hearings on Thursday morning. The Subcommittee on Commodity Exchanges, Energy, and Credit will meet to discuss rural development and energy programs, while the Subcommittee on Biotechnology, Horticulture, and Research will discuss specialty crops.
The full details for these hearings and other congressional hearings scheduled throughout this week are included below:
Tuesday, March 7, 2017
House Committees
VA Choice Program
House Veterans’ Affairs
Full Committee Hearing
7:30 p.m., 334 CHOB
Senate Committees
Army Lt. Gen. H.R. McMaster’s Reappointment to the Grade of Lieutenant General
Senate Armed Services
Full Committee Markup (CLOSED)
9:30 a.m., SVC-217
Deputy Attorney General and Associate Attorney General Nominations
Senate Judiciary
Full Committee Hearing
10 a.m., SD-226
Russia’s Policies and Intentions in Europe
Senate Appropriations – Subcommittee on State, Foreign Operations and Related Programs
Subcommittee Hearing
2:15 p.m., SD-192
Wednesday, March 8, 2017
House Committees
Member’s Day
House Appropriations – Subcommittee on Energy and Water
Subcommittee Hearing
10 a.m., 2362-B RHOB
Public Witness Day
House Appropriations – Subcommittee on Labor, Health and Human Services, Education, and Related Agencies
Subcommittee Hearing
10 a.m., 2358-C RHOB
Quality of Life in the Military
House Appropriations – Subcommittee on Military Construction, Veterans Affairs, and Related Agencies
Subcommittee Hearing
10 a.m., 2362-A RHOB
Military Assessment of Nuclear Deterrence Requirements
House Armed Services
Full Committee Hearing
10 a.m., 2118 RHOB
Pending Business
House Homeland Security
Full Committee Markup
10 a.m., 311 CHOB
The Department of Homeland Security’s Proposed Regulations Reforming the Investor Visa Program
House Judiciary
Full Committee Hearing
10 a.m., 2141 RHOB
Regulating Space: Innovation Liberty and International Obligations
House Science, Space and Technology – Subcommittee on Space
Subcommittee Hearing
10 a.m., 2318 RHOB
Coordinating Federal Cybersecurity Resources for Small Businesses
House Small Business
Full Committee Hearing
11 a.m., TBD
Building 21st Century Infrastructure for America: Air Transportation in the U.S. in the 21st Century
House Transportation and Infrastructure – Subcommittee on Aviation
Subcommittee Hearing
10 a.m., TBD
Pending Legislation
House Veterans’ Affairs
Full Committee Markup
10:30 a.m.
Member’s Day
House Appropriations – Subcommittee on Financial Services and General Government
Subcommittee Hearing
2 p.m., 2359 RHOB
The Current State of U.S. Army Readiness
House Armed Services – Subcommittee on Readiness
Subcommittee Hearing
2 p.m., 2212 RHOB
An Independent Fleet Assessment of the U.S. Navy
House Armed Services – Subcommittee on Seapower and Projection Forces
Subcommittee Hearing
3:30 p.m., 2118 RHOB
FCC Oversight
House Energy and Commerce – Subcommittee on Communications and Technology
Subcommittee Hearing
TBA
IRS Customer Service Challenges
House Oversight and Government Reform – Subcommittee on Government Operations; House Oversight and Government Reform – Subcommittee on Health Care, Benefits and Administrative Rules
Subcommittees Joint Hearing
2 p.m.
Senate Committees
Saving Lives Through Medical Research
Senate Appropriations – Subcommittee on Labor, Health and Human Services, Education and Related Agencies
Subcommittee Hearing
10:30 a.m., SD-138
Funding Transportation Infrastructure
Senate Appropriations – Subcommittee on Transportation, Housing and Urban Development, and Related Agencies
Subcommittee Hearing
10 a.m., SD-192
FCC Oversight
Senate Commerce, Science and Transportation
Full Committee Hearing
10 a.m., SH-216
Nuclear Energy Innovation and Modernization Act
Senate Environment and Public Works
Full Committee Hearing
10 a.m., SD-406
Deputy Secretary of Homeland Security Nomination
Senate Homeland Security and Governmental Affairs
Full Committee Hearing
9:30 a.m., SD-342
Global Nuclear Weapons Environment
Senate Armed Services – Subcommittee on Strategic Forces
Subcommittee Hearing
2:30 p.m., SR-222
Cybersecurity Briefing from the Defense Science Board
Senate Armed Services
Subcommittee Briefing (CLOSED)
2:30 p.m., SVC-217
The Trump Administration’s Indian Affairs Priorities
Senate Indian Affairs
Full Committee Hearing
2:30 p.m., SD-628
Thursday, March 9, 2017
House Committees
The Next Farm Bill: Rural Development and Energy Programs
House Agriculture – Subcommittee on Commodity Exchanges, Energy, and Credit
Subcommittee Hearing
10 a.m., TBD
The Next Farm Bill: Specialty Crops
House Agriculture – Subcommittee on Biotechnology, Horticulture, and Research
Subcommittee Hearing
10 a.m., TBD
Member’s Day
House Appropriations – Subcommittee on Defense
Subcommittee Hearing
9:30 a.m., H-140
Management Challenges at the Departments of Labor, Health and Human Services, and Education and the Social Security Administration: Views from the Inspectors General
House Appropriations – Subcommittee on Labor, Health and Human Services, Education, and Related Agencies
Subcommittee Hearing
10 a.m., 2358-B RHOB
Member’s Day
House Appropriations – Subcommittee on Transportation, Housing and Urban Development, and Related Agencies
Subcommittee Hearing
10 a.m., 2358-A RHOB
State and Foreign Operations Programs Oversight
House Appropriations – Subcommittee on State, Foreign Operations, and Related Programs
Subcommittee Hearing
10 a.m., 2362-A RHOB
Flood Insurance Reform: FEMA’s Perspective
House Financial Services – Subcommittee on Housing and Insurance
Subcommittee Hearing
10 a.m., 2128 RHOB
Undermining Democratic Institutions and Splintering NATO: Russian Disinformation Aims
House Foreign Affairs
Full Committee Hearing
10 a.m., 2172 RHOB
The Current State of DHS Private Sector Engagement for Cybersecurity
House Homeland Security – Subcommittee on Cybersecurity, Infrastructure Protection and Security Technologies
Subcommittee Hearing
10 a.m., HVC-210
Improving and Expanding Infrastructure in Tribal and Insular Communities
House Natural Resources – Subcommittee on Indian, Insular and Alaska Native Affairs
Subcommittee Hearing
10 a.m., 1324 LHOB
ATF Failures in the Death of ICE Agent Jaime Zapata
House Oversight and Government Reform
Full Committee Hearing
10 a.m., 2154 RHOB
National Science Foundation Part I: Overview and Oversight
House Science, Space and Technology – Subcommittee on Research and Technology
Subcommittee Hearing
10 a.m., 2318 RHOB
An Overview of SBA’s 7(a) Loan Program
House Small Business – Subcommittee on Investigations, Oversight and Regulations
Subcommittee Hearing
11 a.m., TBD
Building a 21st Century Infrastructure for America: The Role of Federal Agencies in Water Infrastructure
House Transportation and Infrastructure – Subcommittee on Water Resources and Environment
Subcommittee Hearing
10 a.m., 2167 RHOB
Member’s Day
House Appropriations – Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
Subcommittee Hearing
2 p.m.
Nuclear Deterrence – the Defense Science Board’s Perspective
House Armed Services – Subcommittee on Strategic Forces
Subcommittee Hearing
3:30 p.m., 2118 RHOB
Democracy Under Threat in Ethiopia
House Foreign Affairs – Subcommittee on Africa, Global Health, Global Human Rights and International Organizations
Subcommittee Hearing
2 p.m., 2172 RHOB
Senate Committees
U.S. Central Command and U.S. Africa Command
Senate Armed Services
Full Committee Hearing
9:30 a.m., SH-216
Agency Use of Science in the Rulemaking Process
Senate Homeland Security and Governmental Affairs – Subcommittee on Regulatory Affairs and Federal Management
Subcommittee Hearing
10 a.m., SD-342
Pending Legislation/Nominations
Senate Judiciary
Full Committee Markup
10 a.m., SD-226
Joint Committees
Veterans Service Organizations
Senate Veterans’ Affairs; House Veterans’ Affairs
Committees Joint Hearing
10 a.m., SD-G50
Friday, March 10, 2017
House Committees
The Effect of Sequestration and Continuing Resolutions on Marine Corps Modernization and Readiness
House Armed Services – Subcommittee on Tactical Air and Land Forces
Subcommittee Hearing
9 a.m., 2118 RHOB