Fiduciary Rule and Puerto Rico in Focus for Financial Services Lawmakers; SEC, CFTC, FDIC to Hold Meetings

By Squire Patton Boggs on Posted in Financial Services

Legislative Activity

Congressional Republicans Place DOL’s Fiduciary Rule in Crosshairs

Last week, on April 19, just one day after Senate Republicans introduced a resolution to disapprove and nullify the Department of Labor’s (DOL) Fiduciary Rule, House Republicans introduced a companion resolution also targeting the rulemaking. Two days later, on April 21, the House Education and the Workforce Committee marked-up and approved the resolution along party lines by a vote of 22-14. This week, on Thursday, April 28, the full House is expected to vote on and pass the resolution. Nevertheless, President Obama has indicated that he will veto any such legislation.

Note too, these resolutions are in addition to other bills introduced earlier this year that would disapprove of DOL’s Fiduciary Rule and replace it instead with a congressionally-mandated fiduciary standard. Specifically, H.R. 4293/S. 2502, Affordable Retirement Advice Protection Act, would amend the Employee Retirement Income Security Act of 1974 (ERISA) and H.R. 4294/S. 2505, Strengthening Access to Valuable Education and Retirement Support Act, would amend the Internal Revenue Code (Code). While both bills in the House have been marked-up at the committee level (House Education and the Workforce and House Ways and Means, respectively) and are awaiting a vote by the full House, neither Senate bill has been marked-up – nor has a markup been scheduled.

Importantly, facing mounting pressure from lawmakers and industry, Securities and Exchange Commission (SEC) staff have reportedly submitted a draft Fiduciary Rule to SEC Commissioners for review. This comes as the Commission has two vacant commissioner positions that have nominees pending congressional approval. However, following the recent Senate Banking Committee meeting on these and other nominees during which it became clear that there is less than overwhelming support for the nominees and the vote was postponed, no further nomination votes have been scheduled.

As May Deadline Looms, Lawmakers Still Negotiating Puerto Rico Fix

After postponing a markup of H.R. 4900, Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), last week passed without a clear, unified solution to address the Commonwealth’s fiscal crisis. However, while a markup has yet to be scheduled this week, it appears that Republicans and Democrats are making advances towards coming together on a solution, including on the scope of the restructuring authority, the breadth of powers given to the fiscal oversight board, and potentially on other issues, including the need for economic and other incentives. With the Treasury Department working closely with Congress, it appears likely that a solution will be agreed upon in the near-term, though doing so by Speaker Paul Ryan’s (R-WI) May 1 deadline is growing increasingly unlikely.

This Week’s Hearings:

  • Wednesday, April 27: The House Financial Services Subcommittee on Monetary Policy and Trade will hold a hearing titled “How Can the U.S. Make Development Banks More Accountable?”
  • Thursday, April 28: The House Agriculture Subcommittee on Commodity Exchanges, Energy, and Credit will hold a hearing to review the impact of capital margin requirements on end-users.

Regulatory Activity

SEC to Meet, Hold Meeting of Equity Market Structure Advisory Committee

On Tuesday, April 26, the SEC will hold a meeting of its Equity Market Structure Advisory Committee to discuss the: (1) Regulation National Market System (NMS) Subcommittee recommendations to the Committee regarding the framework for potential access fee pilot; (2) Trading Venues Regulation Subcommittee recommendations to the Committee regarding recommendations relating to trading venues regulation; (3) Market Quality Subcommittee status report to the Committee; and (4) Customer Issues Subcommittee status report to the Committee.

Additionally, on Wednesday, April 27, the SEC will meet to discuss whether to publish for comment a proposed NMS plan to create, implement, and maintain a consolidated audit trail (CAT), submitted pursuant to Rule 613 of Regulation NMS.

CFTC to Hold Meeting of Market Risk Advisory Committee

On Tuesday, April 26, the Commodity Futures Trading Commission (CFTC) will hold a meeting of its Market Risk Advisory Committee to discuss how derivatives markets are currently functioning, including the impact and implications of the evolving structure of these markets on the movement of risk across market participants.

FDIC to Meet on Incentive-Based Compensation Arrangements and Deposit Insurance Assessments

On Tuesday, April 26, the Federal Deposit Insurance Corporation (FDIC) will meet to discuss: (1) a notice of proposed rulemaking for incentive-based compensation arrangements; and (2) deposit insurance assessments for small banks.

House Committee on Energy and Commerce to Advance 12 Bills Addressing the Opioid Epidemic; Senate to Consider Emergency Supplemental Funding for the Zika Virus; CMS Releases Proposed Rule on Inpatient and LTCH Prospective Payment Systems

By Capital Thinking on Posted in Healthcare

Legislative Activity

House Committee on Energy and Commerce to Advance 12 Bills Addressing the Opioid Epidemic

The House Committee on Energy and Commerce announced the committee will consider 22 bills April 26 and April 27, including 12 bills focused on combatting the opioid crisis that passed the Subcommittee on Health last week. The health bills being considered include: H.R. 1818, the Veteran Emergency Medical Technician Support Act of 2015, which provides grants to states to streamline state requirements and procedures for veterans with military emergency medical training to become civilian emergency medical technicians; H.R. 3250, the DXM Abuse Prevention Act of 2015, which amends the Federal Food, Drug, and Cosmetic Act to prevent the abuse of dextromethorphan (DXM); H.R. 3680, the Co-Prescribing to Reduce Overdoses Act of 2015, to provide for the Secretary of Health and Human Services to carry out a grant program for co-prescribing opioid overdose reversal drugs ; H.R. 3691, the Improving Treatment for Pregnant and Postpartum Women Act of 2015, to amend the Public Health Service Act to reauthorize the residential treatment programs for pregnant and postpartum women and to establish a pilot program to provide grants to state substance abuse agencies to promote innovative service delivery models for women; H.R. 4586, Lali’s Law, to amend the Public Health Service Act to authorize grants to states developing standing orders and educating health care professionals regarding the dispensing of opioid overdose reversal medication without person-specific prescriptions; H.R. 4599, the Reducing Unused Medications Act of 2016, to amend the Controlled Substances Act to permit certain partial fillings of prescriptions; H.R. 4641, to provide for the establishment of an inter-agency task force to review, modify, and update best practices for pain management and prescribing pain medication, and for other purposes; H.R. 4969, the John Thomas Decker Act, to amend the Public Health Service Act to direct the Centers for Disease Control and Prevention to provide for informational materials to educate and prevent addiction in teenagers and adolescents who are injured playing youth sports and subsequently prescribed an opioid; H.R. 4976, the Opioid Review Modernization Act, to require the Commissioner of Food and Drugs to seek recommendations from an advisory committee of the Food and Drug Administration before approval of certain new drugs that are opioids without abuse-deterrent properties; H.R. 4978, the Nurturing and Supporting Healthy Babies Act this legislation would require the Comptroller General of the United States to issue a report one year after enactment on neonatal abstinence syndrome (NAS). ; H.R. 4981, the Opioid Use Disorder Treatment Expansion and Modernization Act, to amend the Controlled Substances Act to improve access to opioid use disorder treatment; and H.R. 4982, Examining Opioid Treatment Infrastructure Act of 2016, to direct the Comptroller General of the United States to evaluate and report on the in-patient and outpatient treatment capacity, availability, and needs of the United States. Chairman Fred Upton (R-MI) expects the bills to be considered on the House Floor at the beginning of May. The opioid bills being considered will act as House companion legislation to S. 524, the Comprehensive Addiction and Recovery Act (CARA), which passed the Senate in March.

Senate to Consider Emergency Supplemental Funding for the Zika Virus

Senate Republicans are hoping to include a Zika supplemental funding package in the appropriations bill being considered on the floor this week. The amount requested is unknown, but it is not expected to meet the President’s $2 billion request. House Appropriators did not include the $1.9 billion request for Zika supplemental funding in the FY 2017 Agriculture Bill that was forwarded to the House Floor last week and instead directed the Administration to use unobligated funds to address the Zika virus.

This Week’s Hearings:

  • Tuesday, April 26: The Senate Committee on the Judiciary will hold a hearing titled “The Need for More Timeliness and Transparency: Oversight of the Public Safety Officers’ Benefits (PSOB) Program.”
  • Tuesday, April 26 and Wednesday, April 27: The House Committee on Energy and Commerce will hold a markup of a number of bills including H.R. 4978, Nurturing and Supporting Healthy Babies Act; H.R. 4641, to provide for the establishment of an inter-agency task force to review, modify, and update best practices for pain management and prescribing pain medication; H.R. 3680, Co-Prescribing to Reduce Overdoses Act of 2015; H.R. 3691, Improving Treatment for Pregnant and Postpartum Women Act; H.R. 1818, Veteran Emergency Medical Technician Support Act of 2015; H.R. 4981, Opioid Use Disorder Treatment Expansion and Modernization Act; H.R. 3250, DXM Abuse Prevention Act of 2015; H.R. 4969, John Thomas Decker Act of 2016; H.R. 4586, Lali’s Law; H.R. 4599, Reducing Unused Medications Act of 2016; H.R. 4976, Opioid Review Modernization Act of 2016; and H.R. 4982, Examining Opioid Treatment Infrastructure Act of 2016.
  • Wednesday, April 27: The Senate Committee on the Judiciary will hold a hearing titled “Counterfeits and Their Impact on Consumer Health and Safety.”
  • Wednesday, April 27: The Senate Committee on Commerce, Science, and Transportation will hold a markup of several bills including S. 2508, Youth Sports Concussion Act.
  • Wednesday, April 27: The Senate Committee on Indian Affairs will hold a markup of several bills including S. 2205, Tribal Healing and Wellness Courts Act.
  • Wednesday, April 27: The Senate Special Committee on Aging will hold a hearing titled “Valeant Pharmaceuticals’ Business Model: the Repercussions for Patients and the Health Care System.”
  • Thursday, April 28: The Senate Committee on the Judiciary will hold a markup of three bills including S. 2348, Rapid DNA Act.
  • Thursday, April 28: The Senate Committee on Finance will hold a hearing titled “Mental Health in America: Where Are We Now?”
  • Thursday, April 28: The House Committee on the Judiciary Subcommittee on the Constitution and Civil Justice will hold a hearing titled “Oversight of the False Claims Act.”
  • Friday, April 29: The House Committee on Veterans’ Affairs Subcommittee on Health will hold a markup of pending legislation.
  • Friday, April 29: The House Committee on Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing titled “The Pet Medication Industry: Issues and Perspectives.”

Regulatory Activity

CMS Releases Proposed Rule on Inpatient and LTCH Prospective Payment Systems

The Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) released a proposed rule to update the FY 2017 Medicare payment policies and rates under the Inpatient Prospective Payment System (IPPS) and the Long-Term Care Hospital (LTCH) Prospective Payment System (PPS). The proposed rule would apply to approximately 3,330 acute care hospitals and approximately 430 LTCHs and would affect discharges occurring on or after October 1, 2016. It includes policies that continue to shift Medicare payments from volume to value. This proposed rule seeks to change payment rates under IPPS; make IPPS rate adjustments for documentation, coding, and the two midnight policy; address Medicare Uncompensated Care Payments; update the Hospital Acquired Conditions (HAC) Reduction Program; update the reporting policy for Hospital Readmissions Reduction Program (HRRP); address notification procedures for outpatients receiving observation services; enact requirements for the Electronic Health Record Incentive Programs and Quality Reporting; require Electronic Health Record Incentive Programs and quality reporting; make changes to the Hospital Inpatient Quality Reporting (IGR) Program; implement updates to the Hospital Value-Based Purchasing (VBP) Program; update the PPS-Exempt Cancer Hospital Quality Reporting Program; update the Inpatient Psychiatric Facility Quality Reporting (IPFQR) Program; implement changes under the Long-Term Care Hospital Prospective Payment System; and make changes to the Long Term Care Hospital Quality Reporting Program (LTCH QRP).

CMS has stated that it will accept comments until June 16, 2016, and will respond to comments in the final rule to be issued by August 2016.

Senate Takes on Business Tax Reform; Treasury to Have “Intense Comment Period” for Inversion Regulations

By Squire Patton Boggs on Posted in Tax

Legislative Activity

Senate to Consider Business Tax Reform Proposals

Following multiple hearings on tax reform thus far this year in the House Ways and Means Committee, this week the Senate Finance Committee will hold a hearing on business tax reform. During the hearing, the difference between Republican and Democrat approaches to taxing corporate income, including what the top rate on corporations should be, will be on full display. In advance of the hearing, the Joint Committee on Taxation (JCT) has released an overview of various proposals for business tax reform, including: (1) the President’s framework; (2) reforms that both maintain and change the structure of the current business tax regime; and (3) proposals to shift to a consumption-based regime. As part of the Committee’s efforts on business tax reform, Senator Orrin Hatch (R-UT) last week reaffirmed his commitment to move forward with his “corporate integration” proposal by the end of June, noting that he is still awaiting a score from JCT before proceeding. For his part, Senate Finance Committee Ranking Member Ron Wyden (D-OR) this week is expected to introduce a proposal that would modify current corporate depreciation schedules – something former Senate Finance Committee Chairman Max Baucus (D-MT) also did during his time in the Senate.

As for tax reform efforts in the House, Ways and Means Committee Chairman Kevin Brady (R-TX) has announced his plans to release a comprehensive tax reform “blueprint” by June of this year as part of Speaker Paul Ryan’s (R-WI) Tax Reform Task Force efforts, while Representative Charles Boustany (R-LA) is expected to continue with his efforts on international tax reform – though whether we will see any action this year on his plan remains to be seen.

Notably, as both House and Senate tax-writers debate the best path forward for tax reform, Republicans lawmakers are pushing for the adoption of Representative Bob Goodlatte’s (R-VA) plan (H.R. 29, Tax Code Termination Act) that would repeal the Internal Revenue Code by 2019 and require Congress to approve a new system of taxation by July of that year. While the future of this legislation is uncertain – and no Senate counterpart exists – there are presently more than 130 co-sponsors in the House.

This Week’s Hearings:

  • Tuesday, April 26: The Senate Finance Committee will hold a hearing titled “Navigating Business Tax Reform.”

Regulatory Activity

Treasury Open to “Intense Comment Period” on Inversion Regulations

Following intense scrutiny and pushback from industry, last week Treasury Deputy Assistant Secretary Bob Stack acknowledged that Treasury “may have missed things” in its latest rulemaking targeting  inversions and the ability of multinational corporations to engage in so-called “earnings-stripping” practices. This acknowledgement comes at the same time that 18 former Treasury officials sent a strongly-worded letter to Treasury Secretary Jack Lew urging his Department to focus on reforming the tax Code, not on inversions as a standalone issue.

In looking ahead, Mr. Stack has promised that Treasury “will have an intense comment period, [and] be listening to taxpayers.” He also suggested that Treasury “want[s] to do things that are both right from a policy point of view and also minimize burdens on companies…[but] [t]he answer to inversions is not to join the race to the bottom so that we have ultimately a zero tax rate.” Notably, Internal Revenue Service (IRS) Commissioner John Koskinen has indicated that the IRS does not intend to put out any “significant” regulations past Labor Day, which creates a rather tight timeframe for Treasury to digest the responses to its proposed regulations and still finalize the regulations this year.

Separately, partly spurred by fallout from the “Panama Papers” fiasco, the Treasury Department has announced that it also soon plans to finalize rules proposed in 2014 that would require the beneficial owners of single-member LLCs to identify themselves to the IRS. According to Treasury Secretary Lew, this, along with widespread implementation of the Organisation for Economic Co-operation and Development’s (OECD) Base Erosion and Profit Shifting (BEPS) Project and its proposal to require country-by-country reporting of certain tax information by large multinational corporations will help combat tax evasion.

House Encryption Working Group Releases Roadmap

By Squire Patton Boggs on Posted in Technology and Communications

Legislative Activity

House Bi-Partisan Encryption Working Group Releases Roadmap

On April 21, the U.S. House of Representatives (House) Bi-Partisan Encryption Working Group (Working Group) announced its roadmap following a meeting to discuss the group’s goals. The Working Group, first announced in March 2016, is charged with examining the legal and policy issues surrounding the use of encryption and identifying potential solutions that both preserve the privacy of consumers and allow law enforcement reasonable tools to prevent crime and protect the public safety. According to the roadmap, members of the Working Group will conduct meetings with federal, state, and local governments, private industry, and trade associations, among other constituencies. In addition, the Working Group encouraged the general public to submit articles, papers, or testimony that may assist it in its efforts. The Working Group also intends to participate in site visits to conduct meetings and receive technical briefings. Finally, the Working Group intends to complete its task by the end of the current Congress, which will include providing its findings and recommendations to the House.

House Commerce Subcommittee Approves Seven Communications Bills

On April 19 the Subcommittee on Communications and Technology (Communications Subcommittee) of the House Energy and Commerce Committee (House Commerce Committee) approved seven communications bills following an April 13 hearing on those bills. The seven bills, previously discussed in greater detail here, are as follows:

  • H.R.2031, the Anti-Swatting Act of 2015, which enhanced penalties for those who use false or misleading caller identification (caller ID) information;
  • H.R.3998, the Securing Access to Networks in Disasters Act (SANDy Act), which would require mobile service providers to ensure that consumers have access to networks during disasters and also require the Federal Communications Commission (FCC) and the Government Accountability Office (GAO) to examine the resiliency of networks during such disasters;
  • H.R.4190, the Spectrum Challenge Prize of 2015 that creates a prize program through the National Telecommunications & Information Administration to award up to $5 million to participants who develop innovative and cost-effective solutions to maximize spectrum efficiency;
  • H.R.4111, the Rural Healthcare Connectivity Act of 2015, which would allow skilled nursing facilities to apply for support from the Universal Service Fund’s Rural Health Care Program (RHCP);
  • H.R.4167, Kari’s Law Act of 2015, which would require multi-line telephone systems, usually found in schools, offices, hotels, or hospitals to connect directly to 911 when dialed even in situations where the phone requires the user to dial another number to get an outside line;
  • H.R.4884, the Controlling the Unchecked and Reckless Ballooning of Lifeline (CURB) Act of 2016, which would reform the FCC’s Lifeline program by capping the fund at $1.5 billion, prohibiting the use of the subsidy for devices, and phasing out the subsidy for voice only mobile service; and
  • H.R.4889, the Kelsey Smith Act of 2016 that would require telecommunications carriers to share call location information with law enforcement in emergency situations.

The bills now go to the full House Commerce Committee for consideration.

Regulatory Activity

FCC Releases Final Agenda for April 28 Open Meeting

On April 21, the FCC released its final agenda for the agency’s April 28 Open Meeting. The FCC will consider the following items:

  • Transition from TTY to Real-Time Text Technology. The FCC will consider a Notice of Proposed Rulemaking that “seeks comment on proposals to support real-time text communications over Internet Protocol communications networks, to improve the accessibility of these networks for consumers who are deaf, deaf-blind, and speech disabled.”
  • Business Data Services in an Internet Protocol Environment. The FCC will consider a Tariff Investigation Order and a Further Notice of Proposed Rulemaking “proposing a new regulatory framework for the provision of business data services.”
  • Amendment of the Commission’s Rules with Regard to Commercial Operations in the 3550-3650 MHz Band. The FCC will consider an Order on Reconsideration and a Second Report and Order that “will finalize rules for the innovative spectrum sharing regime it created for making 150 MHz available in the 3.5 GHz band.” For more information on this item, see our blog post discussing the FCC’s 2015 Report and Order and Second Further Notice of Proposed Rulemaking in this docket.

FCC Seeks Additional Comment on Petition to Allocate the 1675-1680 MHz Band for Non-Federal Terrestrial Mobile Use

On November 2, 2012, LightSquared Subsidiary LLC (LightSquared, now Ligado) filed a petition asking the FCC to “initiate a rulemaking proceeding to . . . permit[] non-Federal terrestrial mobile use of the 1675-1680 MHz band” on a shared basis with federal users. LightSquared states that grant of its petition would serve the public interest by increasing the spectrum available for mobile broadband services. The company proposes that the “additional use of the 1675-1680 band” would be permitted “only if such use is coordinated to protect government systems that will remain in the band, including the critical weather and predicting operations of the National Oceanic and Atmospheric Administration.” Per an April 22 Public Notice (PN), the FCC sought comment on LightSquared’s petition in 2012, and is now seeking to “update and refresh the record” (the PN notes that LightSquared has made a number of related filings subsequent to its original petition, and seeks comment on those filings as well). In the PN, the FCC states that it is specifically seeking comment on “potentially providing a primary terrestrial non-federal mobile service allocation in the 1675-1680 MHz band and establishing terrestrial service rules for shared federal/non-federal operations in this band.” Comments are due June 21, and reply comments are due July 21.

FCC to Hold Broadband Health Conference in Houston, Texas on May 18

The FCC has announced that on May 18, the agency’s “Connect2Health Task Force will travel to Houston, Texas to highlight how broadband-enabled health technologies can improve access to mental health care and to discuss associated policy issues,” per an April 22 Public Notice (PN). The Connect2Health Task Force was created by the FCC in 2014 to “accelerate the adoption of health care technologies by leveraging broadband and other next-gen communications services,” according to a 2014 FCC News Release. The conference, titled “Broadband Prescriptions for Mental Health,” will be hosted by the University of Houston Law Center’s Health Law & Policy Institute. Featured speakers include “FCC Commissioner Mignon Clyburn; University of Houston Law Center Dean Leonard M. Baynes; Former Astronaut and CEO of Vesalius Ventures Dr. Bernard A. Harris, Jr.; University of Texas Rio Grande Valley School of Medicine Dean Francisco Fernandez; and the Connect2Health Task Force, among others.” A detailed agenda will be released at a later date, and details will be posted to the Connect2Health website, according to the PN.

Unclear How House Will Proceed on FAA Reauthorization; Senate Appropriations Committee Passes THUD Appropriations Bill, Unclear When it Will Hit Senate Floor

By Capital Thinking on Posted in Uncategorized

Legislative Activity

Unclear How House Will Proceed on FAA Reauthorization

After the Senate overwhelmingly approved its Federal Aviation Administration (FAA) reauthorization legislation on April 19 by a vote of 95 to 3, it remains unclear how the House will proceed on its own FAA reauthorization legislation, which continues to be stalled due to objections on both sides of the aisle to the contentious House Transportation and Infrastructure (T&I) Committee proposal, the Aviation Innovation, Reform, and Reauthorization (AIRR) Act (H.R.4441), that would move air traffic control operations out of the FAA to a non-profit corporation.

House T&I Committee Chairman, Bill Shuster (R-PA) has very publicly said he will continue pushing for the air traffic control (ATC) reforms included in the AIRR Act, including in an op-ed recently published in The Hill newspaper. However, the proposal has faced significant opposition from House and Senate Democrats in addition to Republican Appropriators, and this week the Senate Appropriations Committee included language in the Committee Report accompanying the FY 2017 Transportation, Housing, and Urban Development (THUD) Appropriations bill saying the Committee would prohibit any funding to implement any legislation removing air traffic control operations from the FAA.

The current FAA short-term reauthorization expires on July 15, 2016, giving Congress just a few months to reauthorize FAA programs. Further complicating the process is the shortened legislative schedule in the election year and the Senate’s current focus on passing Appropriations bills. Some have suggested another short-term reauthorization through the end of the year, and beyond the election, or through early next year is likely. The Senate’s FAA Reauthorization Act would reauthorize FAA programs through September 2017, while the AIRR Act would reauthorize programs through FY 2022.

Senate Appropriations Committee Passes THUD Appropriations Bill, Unclear When it Will Hit Senate Floor

Last week, the Senate Appropriations Committee Transportation, Housing and Urban Development, and Related Agencies Subcommittee passed the $56.5 billion FY 2017 Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations Act. It is unclear when the full Senate will consider the THUD Appropriations bill on the floor, though it is likely to be after the Senate considers the Military Construction and Veterans Affairs Appropriations bill and the Commerce, Justice, Science Appropriations bill.

The Senate THUD Appropriations bill would provide $2.3 billion for the Capital Investment Grant program, which funds New Starts, Small Starts, and Core Capacity Improvement projects for transit systems, and $525 million for the Transportation Investment Generating Economic Recovery (TIGER) grant program, a $25 million increase over FY 2016.

The Committee followed the Fixing America’s Surface Transportation (FAST) Act’s treatment of Amtrak grants, splitting Amtrak funding into two accounts, one for the profitable Northeast Corridor and the other for the rest of the National Network. However, the Committee provided significantly lower funding for the Northeast Corridor, $345 million (the FAST Act authorized $469 M), and $1 billion for the National Network.

This Week’s Hearings:

  • Wednesday, April 27: The House Oversight and Government Reform Committee will hold a hearing titled “Examining Management Practices and Misconduct at TSA (Transportation Security Administration): Part I.”
  • Wednesday, April 27: The Senate Commerce, Science, and Transportation Committee will vote on nominations for promotion in the United States Coast Guard and Andrew Read to be a member of the Marine Mammal Commission, and hold a markup of the following pieces of legislation:
    • 2644, the “FCC Reauthorization Act of 2016”;
    • 421, the “Federal Communications Commission Process Reform Act of 2015”;
    • 2607, the “Developing Innovation and Growing the Internet of Things (DIGIT) Act”;
    • 2508, the “Youth Sports Concussions Act”;
    • 2829, the “Maritime Administration Authorization and Enhancement Act for FY2017”;
    • 2325, the “Digital Coast Act of 2015”;
    • 2817, the “Space Weather Research and Forecasting Act”; and
    • 787, the “NTIS Elimination Act.”
  • Thursday, April 28: The House Homeland Security Committee will hold a markup of the following pieces of legislation:
    • R.1887, to amend certain appropriation Acts to repeal the requirement directing the Administrator of General Services to sell Federal property and assets that support the operations of the Plum Island Animal Disease Center in Plum Island, New York;
    • R.4743, the “National Cybersecurity Preparedness Consortium Act of 2016”; and
    • The “Airport Perimeter and Access Control Security Act of 2016.”

Senate Continues FAA Debate, Then on to Appropriations; House Takes Up Tax Bills

By Squire Patton Boggs on Posted in Uncategorized

Senate Legislative Activity

The Senate will convene on Monday, April 18, at 3:00pm. Following any Leader remarks, the Senate will resume consideration of Calendar #55, H.R.636, the legislative vehicle for FAA reauthorization.  At 5:30pm, the Thune amendment #3680 will be agreed to; the substitute amendment #3679, as amended, will be agreed to; and the Senate will vote on the motion to invoke cloture on H.R.636. There will then be up to 30 hours of debate prior to a roll call vote on passage of the bill, as amended.

Upon disposition of H.R. 636, the Senate will immediately hold a roll call vote on the motion to invoke cloture on the motion to proceed to Calendar #96, H.R.2028, Energy and Water Development and Related Agencies Appropriations Act of 2016.

House Legislative Activity

On Monday, April 18, the House will meet at 12:00pm for morning hour and at 2:00pm for legislative business, with votes postponed until 6:30pm. The following legislation will be considered under suspension of the rules:

  1. S. 1638 – Department of Homeland Security Headquarters Consolidation Accountability Act of 2015;
  2. H.R. 4618 – To designate the Federal building and United States courthouse located at 121 Spring Street SE in Gainesville, Georgia, as the “Sidney Oslin Smith, Jr. Federal Building and United States Courthouse”;
  3. H. Con. Res. 119 – Authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby;
  4. H.R. 4570 – 100 Years of Women in Congress Act;
  5. S. 719 – To rename the Armed Forces Reserve Center in Great Falls, Montana, the Captain John E. Moran and Captain William Wylie Galt Armed Forces Reserve Center;
  6. H.R. 2928 – To designate the facility of the United States Postal Service located at 201 B Street in Perryville, Arkansas, as the “Harold George Bennett Post Office”;
  7. H.R. 4605 – To designate the facility of the United States Postal Service located at 615 6th Avenue SE in Cedar Rapids, Iowa as the “Sgt. 1st Class Terryl L. Pasker Post Office Building”; and
  8. H.R. 3866 – To designate the facility of the United States Postal Service located at 1265 Hurffville Road in Deptford Township, New Jersey, as the “First Lieutenant Salvatore S. Corma II Post Office Building”

On Tuesday, April 19, the House will meet at 10:00am for morning hour and at 12:00 pm for legislative business. The following legislation will be considered under suspension of the rules:

  1. H. Res. 673 – Expressing the sense of the House of Representatives that the Internal Revenue Service should provide printed copies of Internal Revenue Service Publication 17 to taxpayers in the United States free of charge;
  2. H.R. 4903 – To prohibit the use of funds by Internal Revenue Service to target citizens of the United States for exercising any right guaranteed under the First Amendment to the Constitution of the United States;
  3. H.R. 4284 – Service Provider Opportunity Clarification Act of 2015;
  4. H.R. 3714 – Small Agriculture Producer Size Standards Improvements Act of 2015;
  5. H.R. 4332 – Maximizing Small Business Competition Act of 2016;
  6. H.R. 4325 – Unifying Small Business Terminology Act of 2016; and
  7. H.R. 4326 – Small and Disadvantaged Business Enhancement Act of 2016

On Wednesday, April 20, the House will meet at 10:00am for morning hour and at 12:00 pm for legislative business. On Thursday, April 21, the House will meet at 9:00am for legislative business, with last votes expected by 3:30pm.  The House will consider:

  1. H.R. 4885 – IRS Oversight While Eliminating Spending (OWES) Act of 2016, Rules Committee Print (Subject to a Rule);
  2. H.R. 1206 – No Hires for the Delinquent IRS Act, Rules Committee Print (Subject to a Rule);
  3. H.R. 3724 – Ensuring Integrity in the IRS Workforce Act of 2015, Rules Committee Print (Subject to a Rule); and
  4. H.R. 4890 – To impose a ban on the payment of bonuses to employees of the Internal Revenue Service until the Secretary of the Treasury develops and implements a comprehensive customer service strategy, Rules Committee Print (Subject to a Rule)

On Friday, April 22, no votes are expected in the House.

Senate Expected to Consider Energy-Water Appropriations Act on Floor, MilCon-VA Likely Next; House and Senate Appropriations Committees to Continue Markups

By Capital Thinking on Posted in Budget and Appropriations

Legislative Activity

Senate Expected to Consider Energy-Water Appropriations Act on Floor, MilCon-VA Likely Next

The Senate is expected to consider the FY 2017 Energy and Water Development (Energy-Water) Appropriations Act on the floor this week (full text available here), and will likely move on to the Military Construction and Veterans Affairs (MilCon-VA) Appropriations Act next. However, Senate Democrats could significantly slow down the appropriations process on the floor, particularly if Republicans are expected to offer contentious policy riders that Democrats are unwilling to accept.

The Senate’s 2017 appropriations process is beginning considerably earlier than the FY 2016 appropriations process, in part based on efforts to restrict policy riders during consideration by the Appropriations Committee. In fact, if the Senate votes on the Energy-Water bill on Monday, it would be the earliest the Senate has ever considered an appropriations bill on the floor. Senate Majority leader Mitch McConnell (R-KY) has said he will provide as much as 12 weeks of floor time for the appropriations process, floor time that is particularly limited in the Presidential election year.

The FY 2017 Energy-Water Appropriations bill would provide $37.5 billion, a small increase over FY 2016 funding levels. The Senate Appropriations Committee approved the Energy-Water bill by a vote of 30-0, in part because Committee members saved controversial amendments for the Senate floor. Energy and Water Subcommittee Chairman, Lamar Alexander (R-TN), said he hopes the bill will pass the Senate this week, but said it will require “a little restraint in the amendment process.” During the markup, Senator John Hoeven (R-ND) withdrew one of the most contentious amendments, a policy rider to defund Army Corps of Engineers’ activity related to the Waters of the United States (WOTUS) rule, but is expected to offer the amendment on the floor.

House and Senate Appropriations Committees to Continue Markups

Both the House and Senate Appropriations Committees will hold subcommittee and full committee appropriations bill markups this week, as the appropriations process continues even without a budget resolution. Congress missed the statutory deadline for passing a budget on April 15, though missing the deadline does not cause any real consequences and both the House and Senate are expected to move on appropriations bills without a budget resolution in place.

The Senate Appropriations Committee will hold both subcommittee and full committee markups this week of the FY 2017 Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations Act and the FY 2017 Commerce, Justice, Science, and Related Agencies (CJS) Appropriations Act this week. The subcommittee markups will take place on Tuesday, April 19, and the full committee markups will be held on Thursday, April 21. The Senate Appropriations Committee approved FY 2017 302(b) suballocations last week, which would provide $56.5 billion for the THUD Appropriations Act, down from $57.3 billion in FY 2016, and $56.285 billion for the CJS Appropriations Act, up from $55.7 billion in FY 2016. If the Senate Appropriations Committee follows a similar path as last week’s markups, Committee members will save any contentious amendments for the Senate floor.

On Tuesday, April 19, the House Appropriations Committee will markup the FY 2017 Agriculture Appropriations Act (full text available here) and the FY 2017 Energy and Water Development (Energy-Water) Appropriations Act (full text available here), and are also expected to consider the Committee’s 302(b) suballocations.

The Energy and Water Subcommittee approved the Energy-Water Appropriations Act, which would provide $37.4 billion for FY 2017, by voice vote. The subcommittee did not vote on any amendments during the markup, and members are instead expected to offer their amendments during full committee consideration. Similarly, the Agriculture Subcommittee approved the Agriculture Appropriations Act, which would provide $21.3 billion for FY 2017, by voice vote. Democrats noted there are provisions in the Agriculture Appropriations Act they will challenge during the full committee markup, including what they see as insufficient funding for the Commodity Futures Trading Commission (CFTC).

This Week’s Hearings:

  • Tuesday, April 19: The Senate Appropriations Committee Transportation, Housing and Urban Development, and Related Agencies Subcommittee will hold a markup of the FY 2017 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act.
  • Tuesday, April 19: The Senate Appropriations Committee Commerce, Justice, Science, and Related Agencies Subcommittee will hold a markup of the FY 2017 Commerce, Justice, Science, and Related Agencies Appropriations Act.
  • Tuesday, April 19: The House Appropriations Committee will hold a markup of the FY 2017 Agriculture Appropriations Act, the FY 2017 Energy and Water Appropriations Act, and the Revised Report on the Interim Suballocation of Budget Allocations for FY 2017.
  • Wednesday, April 20: The Senate Budget Committee will hold a hearing titled “Fixing the Broken Budget Process and Restoring Stability to Government Operations.”
  • Wednesday, April 20: The House Appropriations Committee Legislative Branch Subcommittee will hold a markup of the FY 2017 Legislative Branch Appropriations Act.
  • Thursday, April 21: The Senate Appropriations Committee will hold a markup of the FY 2017 Commerce, Justice, Science, and Related Agencies Appropriations Act and the FY 2017 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act.
  • Thursday, April 21: The House Appropriations Committee Defense Subcommittee will hold a closed budget hearing on the Intelligence Community.

Senate Appropriations Committee FY 2017 Budget Hearings

  • Wednesday, April 20: The Senate Appropriations Committee Interior, Environment, and Related Agencies Subcommittee will hold a hearing on the FY 2017 budget request and funding justification for the Environmental Protection Agency.
  • Wednesday, April 20: The Senate Appropriations Committee Defense Subcommittee will hold a hearing on the FY 2017 budget request and funding justification for Defense innovation and research.

Senate To Move on Energy Bill; Carbon Capture and FAA; Latest on Rooftop Solar Capacity In U.S.

By Squire Patton Boggs on Posted in Energy, Environment and Natural Resources

Legislative Action

Senate Energy Policy Modernization Act

As the holds have been removed on S. 2012, the Energy Policy Modernization Act of 2016, we now expect the bill to come to the Senate floor this week. Floor consideration will include 29 amendments by voice vote and eight by roll-call vote. Of note, Senators have agreed to decouple the proposed Flint funding package from the Energy bill. The proposed $100 million for Flint and $700 million for water infrastructure throughout the U.S. is now likely to be included in the Water Resources Development Act (WRDA).  We expect this water funding proposal to stay largely intact as Senator Jim Inhofe had structured much of the Flint funding package and chairs the Senate Environment and Public Works Committee with jurisdiction for writing WRDA. 

Renewables in FAA Reauthorization

The proposed renewable energy investment tax credits that were to be included in the Senate Federal Aviation Administration (FAA) Reauthorization bill have largely evaporated with the exception of a carbon capture measure still possible.  

This Week’s Hearings:

Oil and Gas

  • On Tuesday, April 19, the House Homeland Security Committee, Subcommittee on Transportation Security, will hold a hearing titled “Pipelines: Securing the Veins of the American Economy.
  • On Tuesday, April 19, the Senate Energy and Natural Resources Committee will hold a hearing to consider oil and gas development in differing price environments.

Nuclear Energy

  • On Wednesday, April 20, the House Science, Space, and Technology Committee, Subcommittee on Energy, will hold a hearing titled “An Overview of Fusion Energy Science.” The Subcommittee will hear from the Los Alamos National Laboratory among others.
  • On Wednesday, April 20, the House Energy and Commerce Committee, Subcommittee on the Environment and Economy, will hold a hearing to examine the Nuclear Regulatory Commission’s FY 2017 Budget Request.
  • On Thursday, April 21, the Senate Committee on Environment and Public Works, Subcommittee on Clean Air and Nuclear Safety, will hold a hearing titled “Enabling Advanced Reactors” and a Legislative Hearing on S.2795,“the Nuclear Energy Innovation and Modernization Act.” The Subcommittee will hear testimony from the Nuclear Regulatory Commission, among others.

Land-Grant Colleges

  • On Wednesday, April 20, the House Natural Resources Committee, Subcommittee on Federal Lands, will hold a hearing titled “Exploring Current Natural Resource Research Efforts and the Future of America’s Land-Grant Colleges and Universities.”

Water

  • On Wednesday, April 20, the Senate Committee on Environment and Public Works will hold a hearing titled “New Approaches and Innovative Technologies to Improve Water Supply.”

Brownfields

  • On Thursday, April 21, the House Energy and Commerce Committee, Subcommittee on the Environment and Economy, will hold a hearing titled “EPA’s Brownfields Program: Empowering Cleanup and Encouraging Economic Redevelopment.”

ESA

  • On Tuesday, April 19, the House Natural Resources Committee will hold an oversight hearing titled “Recent Changes to Endangered Species Critical Habitat Designation and Implementation.”
  • On Wednesday, April 20, the House Oversight and Government Reform Committee, Subcommittee on Interior, will hold a hearing titled “Barriers to Endangered Species Act Delisting, Part I.” In addition, on Thursday, April 21, the House Oversight and Government Reform Committee, Subcommittee on Interior, will hold a hearing titled “Barriers to Endangered Species Act Delisting, Part II.” 

Regulatory Action

Latest Report on U.S. Rooftop Solar Capacity

For the latest on rooftop solar capacity in the U.S., the Department of Energy’s National Renewable Energy Laboratory (NREL) surveyed 128 U.S. cities and released an updated estimate of total U.S. potential for rooftop photovoltaic systems. The recently released report reveals a significant increase over past estimates and shows  a potential for 1,118 gigawatts of rooftop solar capacity. The report notes that rooftop solar in the U.S. could generate nearly 40 percent of all electricity sales. 

Lawmakers Tackle Puerto Rico, CFTC; FSOC to Meet on Asset Managers

By Squire Patton Boggs on Posted in Financial Services

Legislative Activity

Senate Agriculture Committee Votes to Reauthorize CFTC

Following a Senate Appropriations hearing last week to review the FY17 Budget Requests for the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), on Thursday, April 14, the Senate Agriculture Committee voted 11-9, to reauthorize the CFTC. Though the timing of Senate consideration is not yet certain, approval by the Senate Agriculture Committee brings the Commission one step closer to being reauthorized almost three years after the its legislative authority expired. The House voted to reauthorize the CFTC last summer, though the measure contained some different provisions than those approved by the Senate Agriculture Committee on Thursday.

Puerto Rico Fix Still in Flux

Despite continued efforts by the House Natural Resources Committee, lawmakers have still been unable to come together on legislation to address Puerto Rico’s fiscal crisis. Last week, the House Natural Resources Committee held a hearing on a discussion draft of the “Puerto Rico Oversight, Management, and Economic Stability Act,” which highlighted various concerns on both sides of the aisle. Though a markup of the bill was slated to follow the hearing, the markup was postponed to allow Members additional time to agree on a path forward. While House Republicans met on Friday, April 15, to address concerns within the GOP conference, it presently appears that more work is required. As of today – and despite earlier intentions to the contrary – the House has not scheduled floor consideration of the bill. With Speaker Paul Ryan’s (R-WI) May 1 deadline quickly approaching, lawmakers will need to act with a sense of urgency if they expect to finalize a solution before month’s end.

House Continues Efforts to Reign in Dodd-Frank

Last week, on Wednesday, April 13, the House Financial Services Committee marked-up and favorably reported to the House two bills aimed at reforming certain aspects of the Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). Specifically, the Committee approved bills that would: 1) repeal the Dodd-Frank Act’s orderly liquidation authority (H.R. 4894); and 2) bring the CFPB within the appropriations process (H.R. 1486). The very next day, on Thursday, April 14, the full House approved two bills from the House Financial Services Committee: (1) H.R. 3340, which would bring the Financial Stability Oversight Council (FSOC) and the Office of Financial Research (OFR) within the appropriations process; and (2) H.R. 3791, which directs the Federal Reserve Board to revise the Small Bank Holding Company Policy Statement on the Assessment of Financial and Managerial Factors to raise its consolidated asset threshold from $1 billion to $5 billion. With these successes at its back, the House Financial Services Committee is expected to continue its efforts to take on Dodd-Frank, with Chairman Jeb Hensarling (R-TX) potentially ready to move forward with a proposal that would repeal and replace the law.

For its part, following bipartisan opposition during a planned nomination vote, the Senate Banking Committee has yet to reschedule the postponed votes on several pending Obama Administration nominees, including two SEC Commissioners.

This Week’s Hearings:

  • Tuesday, April 19: The House Financial Services Task Force to Investigate Terrorism Financing will hold a hearing titled “Preventing Cultural Genocide: Countering the Plunder and Sale of Priceless Cultural Antiquities by ISIS.”
  • Thursday, April 21: The House Financial Services Committee will hold a hearing titled “Continued Oversight of the SEC’s Offices and Divisions.”

Regulatory Activity

FSOC to Hold Open Meeting, Discuss Asset Management

Today, Monday, April 18, Treasury Secretary Jacob Lew will preside over a meeting of the FSOC. The FSOC will meet in both open and executive session. During the open session, the Council will discuss its continued work on asset management. During the executive session, the FSOC will review its 2016 annual report.

SEC Commissioners Reviewing Draft Fiduciary Rule

Last week, on Tuesday, April 12, SEC staff presented Commissioners with an outline of the SEC-drafted Fiduciary Rule, which will apply to broker-dealers, as well as investment advisers. This comes as the Department of Labor (DOL) recently released the final version of its own Fiduciary Rule amidst severe pushback from industry and lawmakers. Though the timing and substance of the SEC’s rulemaking have not yet been made public, it is likely that DOL will continue to face pushback in Washington in the interim, with various legislative proposals pending that would delay or fully overturn the rulemaking.

House Committee on Energy and Commerce to Hold Hearing on MACRA Implementation; Senate Committee on Armed Services to Hold Hearing on Post-Traumatic Stress Disorder and Traumatic Brain Injury; Energy and Commerce Subcommittee on Health to Mark Up Opioid Bills; CMS Launches Multi-Payer Initiative to Improve Primary Care in the U.S.

By Capital Thinking on Posted in Healthcare

Legislative Activity

House Committee on Energy and Commerce to Hold Hearing on MACRA Implementation

On Tuesday, April 19, the House Committee on Energy and Commerce Subcommittee on Health will hold a hearing titled “Medicare Access and CHIP Reauthorization Act of 2015: Examining Physician Efforts to Prepare for Medicare Payment Reforms.” The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) (P.L. 114-10) passed both chambers of Congress with bipartisan support last year. Tuesday’s hearing will focus on the efforts physician organizations are undertaking to prepare for the implementation of the Medicare payment reforms under MACRA. Witnesses are expected to focus their remarks on alternative payment models (APMs), quality measures, clinical practice improvement activities, and the Merit-Based Incentive Payment System (MIPS).

Senate Committee on Armed Services to Hold Hearing on Post-Traumatic Stress Disorder and Traumatic Brain Injury

On Wednesday, April 20, the Senate Committee on Armed Services Subcommittee on Personnel will hold a hearing titled “Current State of Research, Diagnosis, and Treatment for Post-Traumatic Stress Disorder and Traumatic Brain Injury.” The Subcommittee will hear from a panel of experts representing Walter Reed National Military Medical Center, Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury, and the National Center for Post-Traumatic Stress Disorder.

Energy and Commerce Subcommittee on Health to Mark Up Opioid Bills

The House Committee on Energy and Commerce Subcommittee on Health is intending to mark up legislation related to the opioid crisis this week. Chairman Fred Upton (R-MI) said that “House members on both sides of the aisle have good ideas for legislation.” Details on the legislation being considered have yet to be released.

This Week’s Hearings:

  • Monday, April, 18 and Tuesday, April 19: The House Committee on Energy and Commerce Subcommittee on Communications and Technology will hold a markup on six bills, including H.R. 4111, the Rural Health Care Connectivity Act of 2015. H.R. 4111 would include skilled nursing facilities as a type of health care provider under section 254(h) of the Communications Act of 1934.
  • Monday, April 18: The Senate Committee on Finance will hold an Open Executive Session to consider nominations of Andrew Lamont Eanes to be Deputy Commissioner of Social Security in the Social Security Administration; Elizabeth Ann Copeland to be a judge of the United States Tax Court; and Vik Edwin Stoll to be a judge of the United States Tax Court.
  • Tuesday, April 19: The Senate Committee on Homeland Security and Governmental Affairs will hold a roundtable titled “Preventing Drug Trafficking Through International Mail.”
  • Tuesday, April 19: The House Committee on Education and the Workforce Subcommittee on Workforce Protections will hold a hearing titled “Reviewing Recent Changes in OSHA’s Silica Standards.”
  • Tuesday, April 19: The House Committee on Energy and Commerce Subcommittee on Health will hold a hearing titled “Medicare Access and CHIP Reauthorization Act of 2015: Examining Physician Efforts to Prepare for Medicare Payment Reforms.”
  • Tuesday, April 19: The House Committee on Veterans Affairs will hold a hearing titled “A Continued Assessment of Delays in Veterans’ Access to Health Care.”
  • Wednesday, April 20: The House Committee on Veterans’ Affairs Subcommittee on Health will hold a hearing on four bills and two pieces of draft legislation, including: H.R. 2460, To amend title 38, United States Code, to improve the provision of adult day health care services for veterans; H.R. 3956, VA Health Center Management Stability and Improvement Act; H.R. 3974, Grow Our Own Directive: Physician Assistant Employment and Education Act of 2015; H.R. 3989, Support Our Military Caregivers Act; draft legislation to ensure that each VA medical facility complies with requirements relating to scheduling veterans for health care appointments and to improve the uniform application directives; and draft legislation to direct the VA to establish a list of drugs that require an increased level of informed consent.
  • Wednesday, April 20: The House Committee on Energy and Commerce Select Investigative Panel on Infant Lives will hold a hearing titled “The Pricing of Fetal Tissue.”
  • Wednesday, April 20: The House Committee on Energy and Commerce Subcommittee on Oversight and Investigations will h0ld a hearing titled “How Secure are U.S. Bioresearch Labs? Preventing the Next Safety Lapse.”
  • Wednesday, April 20: The Senate Committee on Armed Services Subcommittee on Personnel will hold a hearing titled “Current State of Research, Diagnosis, and Treatment for Post-Traumatic Stress Disorder and Traumatic Brain Injury.”

Regulatory Activity

CMS Launches Multi-Payer Initiative to Improve Primary Care in the U.S.

The Center for Medicare and Medicaid Services (CMS) announced its largest-ever initiative to transform and improve how primary care is delivered and paid for in the United States.  The Comprehensive Primary Care Plus (CPC+) model will be implemented in up to 20 regions and can accommodate up to 5,000 practices, which would encompass more than 20,000 providers and the 25 million people they serve.

Fighting Reportedly Escalates in Syria and Ukraine; House Armed Services Subcommittees to Mark-up the NDAA

By Squire Patton Boggs on Posted in Defense & Homeland Security, US Executive Branch

Tension between the United States and Russia remains heightened, particularly after recent reports of close military encounters in the Baltic Sea.  The ceasefire agreements appear to be tenuous in both Ukraine and Syria, with intensified fighting reported in both countries.

While in Washington for the World Bank and the International Monetary Fund (IMF) annual Spring Meeting, an Iranian official alleged the United States is not adhering to the comprehensive nuclear agreement implemented earlier this year.  The U.S. Department of Commerce and Office of the U.S. Trade Representative (USTR) held a two-day hearing last week to examine the global steel crisis, where they heard from representatives of the U.S. steel sector and some lawmakers.

Both chambers of Congress were in session last week and will be in session again this week.  House Ways & Means Committee Chairman Kevin Brady (R-Texas) and Senate Finance Committee Chairman Orrin Hatch (R-Utah) introduced companion Miscellaneous Tariff Bill (MTB) reform measures last week and there appears to be bipartisan, bicameral support to advance the measure.  This week, House Armed Services Committee (HASC) Subcommittees will mark-up the Fiscal Year (FY) 2017 National Defense Authorization Act (NDAA) on Wednesday and Thursday.  The full HASC markup is scheduled for the following week.

Syrian Crisis – Fighting Resurges

A recent surge in fighting between government forces and rebels indicates the U.S.-Russia brokered ceasefire may be near collapse.  Secretary of State John Kerry called Russian Foreign Minister Sergey Lavrov last Friday to press Moscow to urge the Assad regime to stop its violations of the ceasefire agreement.

The State Department is reportedly looking to increase the number of Syrian refugees allowed into the United States for resettlement  in order to meet President Barack Obama’s target of 10,000 refugees by September.  Speaker of the House Paul Ryan (R-Wisconsin) said last Thursday, after a recent trip to the region:

“It’s clear that ISIS wants to, has planned on attempting to infiltrate refugee populations. This is a problem. If one person gets through who is planning a terrorist attack in our country, that’s a problem.”

Ukraine Crisis – Fighting Intensifies

The Organization for Security and Cooperation in Europe (OSCE) monitoring mission in Ukraine reported last week that fighting has intensified between pro-Russian separatist groups and the Ukrainian military.

Russia – Close Military Encounters

U.S. tension with Russia remains elevated, particularly after the Pentagon reported this weekend that a U.S. Air Force reconnaissance plane was barrel-rolled by a Russian jet over the Baltic Sea during a routine flight in international airspace.  This alleged activity comes just after reports that Russian fighter jets came within close proximity to a U.S. Navy destroyer that was operating in international waters in the Baltic Sea. U.S. European Command said last week:  “We have deep concerns about the unsafe and unprofessional Russian flight maneuvers.”  Secretary Kerry described Russia’s action as “reckless and provocative.”

Iran Sanctions – Iran Questions U.S. Commitment to JCPOA

Iranian officials are suggesting the United States and EU have not honored commitments made in the Joint Comprehensive Plan of Action (JCPOA), saying that “almost nothing” has been done to make the JCPOA functional. Valiollah Seif, Head of Iran’s Central Bank, was in town last week for the World Bank/IMF Spring Meeting.  Speaking at the Council of Foreign Relations, Mr. Seif said, “In general, we are not able to use our frozen funds abroad.”  In response, White House Press Secretary Josh Earnest said on Friday:

“The agreement that’s included in the JCPOA does not include giving Iran access to the U.S. financial system or to allow the execution of so-called U-turn transactions.”

MTB Momentum

House Ways & Means Trade Subcommittee Chairman Dave Reichert (R-Washington) held a hearing on 14 April examining the House MTB reform bill released the day before.  Senate Finance Committee Chairman Hatch, Ranking Member Wyden and six other Senators introduced a companion MTB reform measure (S. 2794) a day after the House.

The bill, the American Manufacturing Competitiveness Act of 2016, would revise the process for selecting duty suspensions for inclusion in the MTB package by giving the U.S. International Trade Commission (ITC), rather than Congress, the responsibility for compiling proposed waivers. The measure also would require Congress to consider an MTB package within 90 days of a final report from the ITC.

Ways & Means Committee Chairman Brady reportedly told the media last week that his Committee will mark-up the new MTB reform bill this Tuesday, 19 April.  Some have speculated the Ways & Means Committee markup will be quickly followed by a House floor vote as early as the last week of April.

Global Steel Crisis Examined

U.S. Trade Representative Michael Froman and Commerce Secretary Penny Pritzker co-chaired a two-day hearing last week on the global steel crisis, where U.S. lawmakers called for a better way to prevent foreign suppliers from flooding the U.S. market with subsidized steel.  While chairing the first day, Ambassador Froman stated that the Obama Administration is pursuing options to help the U.S. steel sector, including a possible multilateral agreement to rein in global production.  USTR released a fact sheet on excess steel capacity, available here.  Secretary Pritzker opened the second day of the hearing by noting:

“The U.S. steel industry has suffered from a debilitating influx of low-priced imports, much of it dumped or unfairly subsidized by foreign governments.  Some governments have systematically provided unfair subsidies and implemented other policies that disrupt and distort the operation of market forces both in their own economies and the global marketplace. Such interventions allow and result in non-market based decisions by industry.”

In a letter led by Senate Finance Committee Chairman Hatch and Ranking Member Ron Wyden (D-Oregon), a group of Senators highlighted the challenges global steel overcapacity poses to the U.S. economy and pressed the Obama Administration to enforce U.S. trade laws, including bipartisan customs legislation (H.R. 644) enacted into law earlier this year.  U.S. steel companies alleged at the hearing that China is depressing global steel prices through overcapacity, contributing to more than 12,000 layoffs in the United States last year.  Lawmakers and steel company executives also argued against China being granted market economy status later this year.

TPP Developments – Slow Going

Ways & Means Committee Chairman Brady spoke on the Trans-Pacific Partnership (TPP) deal last week, saying: “I would like to see this taken up this year, but it won’t be taken up until those issues are resolved.”  Some of the biggest outstanding issues include biologics, financial services, and tobacco.  While Chairman Brady acknowledged that USTR is taking the outstanding issues seriously, he added “None of these are easy fixes necessarily.”  Representative Richard Neal (Massachusetts), a senior Democrat on the Ways & Means Committee, said on Thursday that TPP is “going to be a very tough sell” and suggested, like others have, the deal is unlikely to move forward until the post-election, lame-duck congressional session later this year.

TTIP Developments – New York Round Ahead

The next round of Transatlantic Trade and Investment Partnership (TTIP) negotiations will be held next week in New York City.  The Obama Administration is reportedly close to unveiling a proposal addressing concerns that financial services were not included in the TPP deal; fifteen House Republicans sent a letter to President Obama last week calling on the Administration to include financial services in the free trade agreement negotiations with the EU.

Looking Ahead

Washington is expected to focus on the following upcoming events:

  • Week of 25 April: TTIP negotiations in New York City
  • 25-29 April: President Obama attends the Hannover Messe in Germany, after stops in Saudi Arabia and the United Kingdom
  • 13 May: President Obama hosts the U.S.-Nordic Leaders Summit
  • 18 May: Due date for release of the USITC report on the TPP deal
  • [TBA] May: President Obama travels to Vietnam and Laos
  • 26-27 May: G-7 Summit in Ise-Shima, Japan
  • 8-9 July: NATO Summit in Warsaw, Poland

Congressional Hearings This Week

  • On Tuesday, 19 April, the Senate Foreign Relations Committee is scheduled to hold a hearing titled, “Central America and the Alliance for Prosperity: Identifying U.S. Priorities and Assessing Progress.”
  • On Tuesday, 19 April, the Tom Lantos Human Rights Commission is scheduled to hold a hearing titled, “Human Rights in Ethiopia – An Update.”
  • On Tuesday, 19 April, the House Foreign Affairs Subcommittee on Terrorism is scheduled to hold a hearing titled, “Israel Imperiled: Threats to the Jewish State.”
  • On Tuesday, 19 April, the House Foreign Affairs Subcommittee on Asia and the Pacific is scheduled to hold a hearing titled, “FY 2017 Budget Priorities for East Asia: Engagement, Integration, and Democracy.”
  • On Tuesday, 19 April, the Senate Armed Services Subcommittee on Emerging Threats and Capabilities is scheduled to hold a closed hearing titled, “Cybersecurity and United States Cyber Command.”
  • On Wednesday, 20 April, the House Foreign Affairs Committee is scheduled to hold a markup on the following bills: (1) H.R. 1150, Frank R. Wolf International Religious Freedom Act of 2015; (2) H.R. 3694, Strategy to Oppose Predatory Organ Trafficking Act; (3) S. 284, Global Magnitsky Human Rights Accountability Act; and (4) S. 2143, a bill to provide for the authority for the successors and assigns of the Starr-Camargo Bridge Company to maintain and operate a toll bridge across the Rio Grande near Rio Grande City, Texas, and for other purposes.
  • On Wednesday, 20 April, the Senate Appropriations Subcommittee on Department of Defense is scheduled to hold a hearing to examine proposed budget estimates and justification for FY 2017 for Defense innovation and research.
  • On Wednesday, 20 April, House Armed Services Subcommittees on Military Personnel, on Tactical Air and Land Forces, and on Seapower and Projection Forces are scheduled to separately hold their subcommittee markup of H.R. 4909, National Defense Authorization Act for FY 2017.
  • On Wednesday, 20 April, the Senate Armed Services Subcommittee on Seapower is scheduled to hold a hearing titled, “Navy and Marine Corps Aviation Programs.”
  • On Wednesday, 20 April, the Senate Armed Services Subcommittee on Personnel is scheduled to hold a hearing titled, “Current State of Research, Diagnosis, and Treatment for Post-traumatic Stress Disorder and Traumatic Brain Injury.”
  • On Wednesday, 20 April, the Senate Foreign Relations Committee is scheduled to receive a closed update from the Administration on the Mosul Dam in Iraq.
  • On Thursday, 21 April, House Armed Services Subcommittees on Readiness, on Emerging Threats and Capabilities, and on Strategic Forces are scheduled to separately hold their subcommittee markup of H.R. 4909, National Defense Authorization Act for FY 2017.
  • On Thursday, 21 April, the Senate Finance Committee Chairman is scheduled to hold a hearing to examine the Administration’s implementation of the Trade Facilitation and Trade Enforcement Act (H.R. 644), which President Obama signed in February.

Comprehensive Tax Proposal Expected by June; Inversions, CbyCR on Horizon for Regulators

By Squire Patton Boggs on Posted in Tax

Legislative Activity

Tax –Writers Plan to Put Out Comprehensive Blueprint by June

Last Friday, April 15 (i.e., Tax Day), House Ways and Means Committee Chairman Kevin Brady (R-TX) confirmed that the Tax Reform Task Force (set up earlier in the year by Speaker Paul Ryan (R-WI)) plans to release a comprehensive tax reform “blueprint” by June of this year. This announcement comes as both Representative Charles Boustany (R-LA) and Senate Finance Committee Chairman Orrin Hatch (R-UT) have recently indicated their tax reform efforts (international tax reform and “corporate integration,” respectively) have been delayed. Despite these delays, however, House tax-writers (partially in tandem with efforts by the tax reform task force) are continuing to actively examine various approaches (cash-flow, consumption-based, income, etc.) to tax reform.

Relatedly, despite a significant effort by various parties, it now appears clear that proposals to extend certain tax extenders (namely, energy tax credits) will not be included in the reauthorization of the Federal Aviation Administration (FAA). Instead, today the Senate is expected to move forward with a “clean” FAA bill that will include only tax provisions directly related to funding the FAA. Still, there will likely be another effort to extend these provisions later in the year – though such an effort is expected to see opposition from Chairman Brady, who would like to address tax extenders as part of comprehensive tax reform efforts.

This Week’s Hearings:

  • Tuesday, April 19: The House Ways and Means Subcommittee on Oversight will hold a hearing titled “Tax Return Filing Season.”
  • Wednesday, April 20: The Joint Economic Committee will hold a hearing titled “The Complex Tax Code and the Economy.”

Regulatory Activity

Treasury May Take Additional Action on Corporate Tax Inversions

Last week, Internal Revenue Service (IRS) Commissioner John Koskinen announced that Treasury and the IRS are working to finalize their recently-released anti-inversion regulations prior to Labor Day.  Moreover, following that announcement, Treasury Secretary Jack Lew announced that, in addition to its most recent round of regulations, Treasury is continuing to examine ways in which it can further curb corporate tax inversions. While it is unclear when and how Treasury might take further action, congressional tax-writers have already expressed their commitment to examining Treasury’s actions, including whether they have exceeded their authority under the law and what could be done if they did.

EU Moves Forward with Country-by-Country Reporting

On Tuesday, April 12, the European Commission adopted a Directive that would impose country-by-country reporting (CbyCR) requirements on certain multinational corporations. Specifically, the framework for the CbyCR requirements, set forth by the Organisation for Economic Co-operation and Development’s (OECD) Base Erosion and Profit Shifting (BEPS) Project, would require every multinational corporation operating in the EU with global revenues exceeding 750 million euros to publish certain financial information.

Domestically, the IRS has scheduled a public hearing for Friday, May 13, during which it will review its proposed CbyCR regulations, which were released at the end of last year.  The IRS is currently expected to finalize the proposed CbyCR regulations by the end of June. Note too, in addition to CbyCR regulations – and largely in response to fallout from the “Panama Papers,” which revealed the breadth and depth of global tax evasion practices – Treasury intends to release a final rule requiring banks to obtain the names of the owners of the shell companies with which they conduct business.

House Passes Bill Preventing Broadband Rate Regulation

By Squire Patton Boggs on Posted in Technology and Communications

Legislative Activity

House Passes Bill Preventing Broadband Rate Regulation

On April 15, the House of Representatives (House) passed H.R.2666, the No Rate Regulation of Broadband Internet Access Act by a vote of 241-173. The bill’s main provision states that “the Federal Communications Commission may not regulate the rates charged for broadband Internet access service.” The possibility that the Federal Communications Commission (FCC) might apply rate regulation to broadband service initially arose when the FCC adopted its Open Internet rules in March 2015, which reclassified broadband Internet access service as a telecommunications service subject to regulation—including regulation for “just and reasonable” rates—under Title II of the Communications Act. Though the FCC decided to forbear from applying rate regulation to broadband access in its adoption of the Open Internet rules, the legislation passed by the House would ensure further protection against such regulation. Commissioners Pai and O’Rielly issued statements supporting the legislation. The bill now goes to the Senate for consideration.

House Judiciary Committee Approves Email Privacy Act

On April 13, the House Judiciary Committee unanimously approved H.R.699, the Email Privacy Act. The bill, which updates the Electronic Communications Privacy Act of 1986, enhances the privacy protections applicable to electronic communications such as emails that are stored by third-party service providers while preserving the ability of law enforcement to access such communications. Specifically, the bill creates a uniform warrant standard for law enforcement to obtain the content of electronic communications in criminal investigations regardless of the age of the communication or the type of third-party service provider. The bill also allows the service provider to notify the customer of the receipt of a warrant or subpoena and clarifies that commercial public content, such as an advertisement on a website, can be obtained with a process other than a warrant. The bill now goes to the full House for consideration.

Proposed Legislation to Enact a Budgetary Cap on the Lifeline Program Supported by FCC Commissioners Pai and O’Rielly

On April 13, FCC Commissioners Pai and O’Rielly released a letter addressed to Rep. Greg Walden (R-OR) expressing “strong support for Congressman Austin Scott’s effort to enact a budgetary cap on the [FCC’s] Lifeline program.” Rep. Scott’s (R-GA) proposed bill, H.R. 4884, the Controlling the Unchecked and Reckless Ballooning of Lifeline Act of 2016 (CURB Act), would, in principal part, “place an annual cap on support provided through the Lifeline program.” Lifeline is a government subsidy program administered by the FCC that provides discounted phone service to low income consumers. On March 31, the FCC voted to “modernize[] and reform[] its Lifeline program to help low income consumers afford access to the 21st Century’s vital communications network: the Internet,” according to a News Release (the item has not yet been released). The letter from Commissioners Pai and O’Rielly states that a budgetary cap is a “necessary and important step toward greater fiscal responsibility” for Lifeline, and notes that during the FCC’s deliberations leading to the March 31 Order, a “majority of Commissioners [agreed] to adopt a firm cap at a level of $2.0 billion” but that agreement later fell apart. On the other hand, as noted in an ex parte notice filed by Commissioner Clyburn’s office, some Congressional staffers expressed concern that a budget cap would “bind future [C]ommission action and could significantly constrain the program,” noting that, “[t]here simply cannot be a situation where people are turned away because the program has run out of funds.”

Spoofing Protection Bill Introduced in House

On April 13, Rep. Jackie Speier (D-CA) introduced H.R.4932, the Repeated Objectionable Bothering of Consumers on Phones (ROBOCOP) Act, which aims to expand the consumer protections against the practice known as “spoofing” whereby a telephone caller alters the phone number that appears on the recipient’s caller identification (caller ID) system often to scam consumers or trick law enforcement. Recognizing that it is technically feasible for telecommunications carriers to block calls with falsified caller ID information, the bill would require those carriers to offer that technology to their customers as a way to reduce the number of unwanted telephone calls. The bill would also direct the FCC to require telecommunications carriers to label and block calls with fraudulent caller ID. The bill has been referred to the House Committee on Energy & Commerce (House Commerce Committee).

Bill to Require Emergency Disclosure of Call Location Information Introduced in Senate

On April 11, Sen. Pat Roberts (R-KS) introduced S.2770, the Kelsey Smith Act. The legislation would require telecommunications carriers to provide the call location information of a user’s telecommunications device to law enforcement in emergency situations involving a risk of death or serious physical injury or in order to respond to the user’s call for emergency services. The legislation is named for an 18-year-old woman who was abducted and murdered in Kansas. The police were unsuccessful in locating her body for four days until information pertaining to the location of her cell phone was turned over to law enforcement after which the body was found quickly. The bill would align federal law with similar laws already enacted in twenty-two states. The bill has been referred to the Senate Committee on Commerce, Science, and Transportation for consideration.

This Week’s Hearings:

  • Tuesday, April 19: The Oversight and Investigations Subcommittee of the House Commerce Committee will hold a hearing titled “Deciphering the Debate over Encryption: Industry and Law Enforcement Perspectives.” Witnesses include (1) Dr. Matthew Blaze, Associate Professor, Computer and Information Science, School of Engineering and Applied Science, University of Pennsylvania; (2) Captain Charles Cohen, Commander, Officer of Intelligence and Investigative Technologies, Indiana State Police; (3) Chief Thomas Galati, Chief, Intelligence Bureau, New York City Police Department; (4) Amy Hess, Executive Assistant Director for Science and Technology, Federal Bureau of Investigation; (5) Ron Hickman, Sheriff, Harris County Sheriff’s Office, on behalf of the National Sheriff’s Association; (6) Bruce Sewell, General Counsel, Apple, Inc.; (7) Daniel Weitzner, Director and Principal Research Scientist, Computer Science and Artificial Intelligence Laboratory (CSAIL) Decentralized Information Group (DIG), Massachusetts Institute of Technology; and (8) Amit Yoran, President, RSA Security.

Regulatory Activity

FCC Seeking Comment by May 12 on Proposed Reforms to Universal Service Mechanisms

On March 30, the FCC released a Report and Order, Order and Order on Reconsideration, and Further Notice of Proposed Rulemaking adopting “significant reforms” to the FCC’s “rate-of-return universal service mechanisms” in order to “fulfill [the FCC’s] statutory mandate of ensuring that all consumers ‘have access to advanced telecommunications and information services.’” These reforms included, in particular, “moderniz[ing] the rate-of-return program to support the types of broadband offerings that consumers increasingly demand, efficiently target[ing] support to areas that need it the most, and establish[ing] concrete deployment obligations to ensure demonstrable progress in connecting unserved consumers.” In the Further Notice of Proposed Rulemaking, the FCC sought comment on related issues including: (1) “targeted rule changes to [the FCC’s] existing accounting and affiliate transaction rules to eliminate inefficiencies and provide guidance to rate-of-return carriers,” (2) “additional options for disaggregating support for those discrete areas that are served by an unsubsidized competitor,” (3) proposals to “adopt a mechanism to provide additional support to unserved Tribal lands,” (4) other measures the FCC should take to encourage broadband deployment by rate-of-return carriers, and (5) additional proposals to “streamline [eligible telecommunications carriers’] reporting requirements.” In addition, the FCC hosted a webinar on Monday, April 4, to summarize the reforms adopted in the Order. Per the publication of the item in the Federal Register, comments on the FCC’s proposals are due May 12, and reply comments are due June 13.

Comments Due May 26 on NCTA and ACA Petition to Clarify Cable Operators’ “Written Information” Requirement for Subscribers

The FCC is seeking comment on a petition filed by the National Cable & Telecommunications Association (NCTA) and the American Cable Association (ACA) seeking a declaratory ruling that information sent electronically to subscribers by email to a “confirmed email address” – or by “other electronic measures reasonably calculated to reach individual consumers” – satisfies the FCC’s rule requiring cable operators to provide certain “written information” to subscribers (47 C.F.R. § 76.1602(b)). NTCA’s and ACA’s petition argues that the petition should be granted because “businesses and consumers prefer the efficiency, effectiveness, and ease of electronic communications” over “print and ‘snail mail.’” Comments on the petition are due to the FCC on May 26, and reply comments are due on June 10, according to an FCC Public Notice.

Comments due May 31 on Petition to “Rewrite” the FCC’s Part 80 Maritime Regulations

On February 16, the Radio Technical Commission for Maritime Services (RTCM) filed a Petition for Rulemaking (Petition) requesting that the FCC “comprehensively updat[e] and streamlin[e]” its Part 80 rules for maritime services, with the goals of “enhanc[ing] maritime safety” and “promot[ing] the efficient use of the maritime radio spectrum.” RTCM’s Petition notes that the FCC’s last “major rewrite” of the Part 80 rules occurred in 2000, and that since that time relevant “standards and [] maritime radio technologies have undergone additional changes, revisions, and advances.” RTCM’s Petition proposes a variety of rule changes including, notably, “clarifying the requirements and procedures regarding maritime mobile service identities, updating the equipment and carriage requirements for digital selective calling equipment, revising the rules to authorize new types of Automatic Identification System equipment and Emergency Position Indicating Radiobeacons, and adding regulations for High Speed Craft,” according to an FCC Public Notice (PN). According to the PN, the FCC requests comment on RTCM’s Petition by May 31, and reply comments by June 21.

Senate Could Pass FAA Reauthorization Act on Monday; Senate Appropriations Committee to Mark Up THUD Appropriations Bill

By Capital Thinking on Posted in Uncategorized

Legislative Activity

Senate Could Pass FAA Reauthorization Act on Monday

On Monday, the Senate is expected to hold a cloture vote on the Federal Aviation Administration (FAA) Reauthorization Act of 2016. The Senate considered the FAA Reauthorization Act most of last week, adopting a variety of bipartisan amendments to the bill that would reauthorize FAA programs through September 2017.

However, the bill stalled on Wednesday and Thursday of last week over an argument over partisan amendments. Senator Barbara Boxer (D-CA) initiated the situation, threatening to filibuster the bill if her amendment extending passenger airline pilot hours of service regulations to cargo airline pilots was not given a vote. During the impasse, Senator Jeff Sessions (R-AL) offered his own controversial amendment requiring certain airports to install biometric entry-exit technology or risk losing funding from the Airport Improvement Program. Senate Commerce Committee Chairman John Thune (R-SD) has around 25 bipartisan amendments that will be adopted if the impasse is resolved, though it is unclear if a deal on the Boxer #3489 and Sessions #3591 amendments can be negotiated at this time.

The FAA Reauthorization Act does have broad bipartisan support, receiving a 94-4 vote to invoke cloture last week, and will be expected to pass barring any attempts by Senators to thwart the effort.

Senate Appropriations Committee to Mark Up THUD Appropriations Bill

The Senate Appropriations Committee Transportation, Housing and Urban Development, and Related Agencies Subcommittee will hold a markup of the FY 2017 Transportation, Housing and Urban Development, and Related Agencies (THUD) Appropriations Act on Tuesday, April 19. The Senate Appropriations Committee approved FY 2017 302(b) suballocations last week, which would provide $56.5 billion for the THUD Appropriations Act, down from $57.3 billion in FY 2016.

The THUD bill will determine the level of funding for the Transportation Investment Generating Economic Recovery (TIGER) grant program and the Capital Investment Grant (CIG) program. The CIG program funds New Starts, Small Starts, and Core Capacity Improvement projects for transit systems. It is unclear whether Senate Appropriators will follow the Fixing America’s Surface Transportation (FAST) Act’s treatment of Amtrak grants. The recent surface transportation reauthorization would split Amtrak funding into two accounts, one for the profitable Northeast Corridor and the other for the rest of the National Network. The FY 2016 Omnibus Appropriations Act, agreed to just weeks after the FAST Act last December, followed the previous practice of including all funding for Amtrak under a single account.

Senator Boxer sent a letter to Appropriations Committee Leadership decrying anticipated efforts to include a provision in the THUD bill that would preempt state laws regarding trucking hours of service, a perennial issue in the THUD Appropriations Act, calling the provision a “poison pill.”

Later in the week, on Thursday, April 21, the full Senate Appropriations Committee will consider the THUD Appropriations Act. It is unclear when Senate Republicans may try to consider the bill on the floor, though next week’s floor consideration of other appropriations bills may provide some insight into how the appropriations process will proceed in the election year.

This Week’s Hearings:      

  • Tuesday, April 19: The Senate Appropriations Committee Transportation, Housing and Urban Development, and Related Agencies Subcommittee will hold a markup of the FY 2017 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act.
  • Tuesday, April 19: The Senate Energy and Natural Resources Committee will hold an oversight hearing to examine challenges and opportunities for oil and gas development in different price environments.
  • Tuesday, April 19: The House Homeland Security Committee Border and Maritime Security Subcommittee will hold a hearing titled “Keeping Pace with Trade, Travel, and Security: How does Customs and Border Protection Prioritize and Improve Staffing and Infrastructure?”
  • Tuesday, April 19: The House Homeland Security Committee Transportation Security Subcommittee will hold a hearing titled “Pipelines: Securing the Veins of the American Economy.”
  • Wednesday, April 20: The Senate Commerce, Science, and Transportation Committee Surface Transportation and Merchant Marine Infrastructure, Safety, and Security Subcommittee will hold a hearing titled “The State of the U.S. Maritime Industry: Stakeholder Perspectives.”
  • Wednesday, April 20: The House Transportation and Infrastructure Committee will hold a markup of General Services Administration Capital Investment and Leasing Program Resolutions; legislation to designate the federal building at 99 New York Avenue NE, in the District of Columbia as the “Ariel Rios Federal Building”; and H.R.4937, the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016.”
  • Thursday, April 21: The Senate Appropriations Committee will hold a markup of the FY 2017 Commerce, Justice, Science, and Related Agencies Appropriations Act and the FY 2017 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act.
  • Thursday, April 21: The Senate Energy and Natural Resources Committee Public Lands, Forests, and Mining Subcommittee will hold a business meeting to hear testimony on the following pieces of legislation:
    • 1167, the Owyhee Wilderness Areas Boundary Modifications Act;
    • 1423, the Central Coast Heritage Protection Act;
    • 1510, the Wild Olympics Wilderness and Wild and Scenic Rivers Act of 2015;
    • 1699, the Oregon Wildlands Act;
    • 1777, to amend the Wild and Scenic Rivers Act to authorize the secretary of Agriculture to maintain or replace certain facilities and structures for commercial recreation services at Smith Gulch in Idaho;
    • 2018, to convey, without consideration, the reversionary interests of the United States in and to certain non-federal land in Glennallen, Alaska;
    • 2223, the Black Hills National Cemetery Boundary Expansion Act;
    • 2379, the Udall Park Land Exchange Completion Act of 2015; and
    • 2383, the Utah Test and Training Range Encroachment Prevention and Temporary Closure Act.

Senate Continues Debate on FAA Reauthorization; House Tackles Financial Services Bills

By Squire Patton Boggs on Posted in Uncategorized

Senate Legislative Activity

The Senate will convene on Monday, April 11, at 3:00pm. Following any Leader remarks, the Senate will be in a period of morning business until 4:00pm. At 4:00pm, the Senate will resume consideration of Calendar #55, H.R.636, the legislative vehicle for FAA reauthorization.  The following amendments are presently pending to the bill:

  • Thune #3464 (substitute);
  • Gardner #3460 (unmanned aircraft systems);
  • Cantwell #3490 (penalties re: ticket agents); and
  • Bennet #3524 (families)

At 5:00pm, the Senate will enter Executive Session to consider the nomination of Executive Calendar #215, Waverly Crenshaw, to be U.S. District Judge for the Middle District of Tennessee. There will be 30 minutes of debate, which will be equally divided and followed by a roll call vote at 5:30pm on confirmation of the nomination.

House Legislative Activity

On Monday, April 11, the House will meet in pro forma session at 3:30pm, with no votes expected.

On Tuesday, April 12, the House will met at 2:00pm for legislative business, with votes postponed until 6:30pm. The following legislation will be considered under suspension of the rules:

  1. S. 2512– Adding Zika Virus to the FDA Priority Review Voucher Program Act;
  2. H.R. 2947 – Financial Institution Bankruptcy Act of 2016;
  3. H.R. 4676 – Preventing Crimes Against Veterans Act of 2016, as amended;
  4. H.R. 1567 – Global Food Security Act of 2016, as amended

On Wednesday, April 13, the House will meet at 10:00am for morning hour and at 12:00 pm for legislative business. The following legislation will be considered under suspension of the rules:

  1. H.R. 3586 – Border and Maritime Coordination Improvement Act, as amended;
  2. H.R. 4482 – Southwest Border Security Threat Assessment Act of 2016, as amended;
  3. H.R. 4509 – State and High-Risk Urban Area Working Group Act, as amended;
  4. H.R. 4549 – Treating Small Airports with Fairness Act of 2016, as amended; and
  5. H.R. 4403 – Enhancing Overseas Traveler Vetting Act, as amended

On Thursday, April 14, the House will meet at 10:00am for morning hour and at 12:00 pm for legislative business. The House will consider:

  1. H.R. 3791 – To raise the consolidated assets threshold under the small bank holding company policy statement, and for other purposes (Subject to a Rule); and
  2. H.R. 3340 – Financial Stability Oversight Council Reform Act (Subject to a Rule)

On Friday, April 15, the House will meet at 9:00am for legislative business, with last votes expected by 3:00pm. The House will consider H.R. 2666 – No Rate Regulation of Broadband Internet Access Act (Subject to a Rule).

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