Weekly Legislative Action Summary

September 16, 2012

SUMMARY OF HOUSE ACTION WEEK of 9/9 – 9/15:

Continuing Resolution—Thursday 9/13, the House passed legislation to ensure that discretionary federal operations will remain funded for six months. H. J. Res. 117, the Continuing Appropriations Resolution, 2013, which was approved by a vote of 329-91, provides a six-month extension of appropriated funding for discretionary government operations, through March 27, 2013. Under current law, appropriated funding for discretionary spending is set to expire after September 30, 2012, the end of the fiscal year. According to CBO, H.J.Res. 117 provides $1.047 trillion in regular appropriated funding for government operations on an annualized basis. Regular appropriated funding in the bill is $7.9 billion or 0.6 percent higher than FY 2012. Some conservatives were concerned that this CR was the first CR in history to actually increase spending across the board, and when disaster funding is included exceeds the cap set in the Budget Control Act. In addition, it does nothing to defund the implementation of ObamaCare, it reauthorizes TANF without re-instating the work requirement gutted by the Obama administration, and contains language that some conservatives believe will enable the Obama administration’s executive order on cyber security. Roll Call Vote 579: http://clerk.house.gov/evs/2012/roll579.xml

National Security and Job Protection Act—Also Thursday 9/13, the House voted to repeal the looming sequester upon enactment of legislation to replace the automatic cuts with equal reductions elsewhere in the budget, by a vote of 223-196. H.R. 6365 repeals the across-the-board defense and non-defense discretionary spending cuts scheduled to occur on January 2, 2013, upon the enactment of H.R. 5652, the Sequester Replacement Reconciliation Act of 2012, or any legislation that offsets the automatic sequester with equal or greater spending reductions over the next five years. The bill in and of itself does not repeal the sequester. However, it would ensure that if any legislation to replace the sequester with alternative spending reductions were enacted, the sequester would be shut off. In the event that the sequestration is replaced, the bill lowers the discretionary spending cap for FY 2013 from $1.047 trillion to $1.028 trillion. Roll Call Vote 577: http://clerk.house.gov/evs/2012/roll577.xml

No More Solyndras Act—Friday 9/14, the House approved H.R. 6213 by a vote of 245-161. The No More Solyndras Act is a product of the extensive investigation into the Department of Energy’s (DOE) $535 million loan guarantee to Solyndra, the California solar panel manufacturer that ultimately went bankrupt last September. The committee’s investigation revealed DOE’s loan guarantee program to be poorly managed and lacking sufficient safeguards for American taxpayers. Solyndra filed for bankruptcy on September 6, 2011, and two days later was raided by the FBI on September 8, 2011. The bill phases out the DOE’s mismanaged loan guarantee program and provides taxpayers strong new protections for any pending applications in the program. The legislation provides for greater loan guarantee transparency and prohibits DOE from restructuring the terms of any loan guarantee without Treasury consultation. The Act also reaffirms that subordination of U.S. taxpayers’ interest to any other investors is forbidden. Many conservatives continue to call for an end to all federal government loan guarantee programs that distort the market and pick winners and losers. Roll Call Vote 584: http://clerk.house.gov/evs/2012/roll584.xml

FISA Amendments Act Reauthorization Act—On Wednesday 9/12, the House approved H.R. 5949, a bill to reauthorize the FISA Amendments Act of 2008, by a vote of 301-118. H.R. 5949 extends the authority of the federal government to conduct surveillance pursuant to the FISA Amendments Act of 2008 until December 31, 2017. The FISA Amendments Act of 2008 provided the Director of National Intelligence and the Attorney General the authority to acquire foreign intelligence information from non-U.S. citizens outside the U.S. This authority is scheduled to expire on December 31, 2012, under current law. Roll Call Vote 569: http://clerk.house.gov/evs/2012/roll569.xml

NEXT WEEK IN THE HOUSE:

The House will not be in session on Monday, September 17 or Tuesday, September 18 in observance of the Jewish holiday. It will be in session from Wednesday, September 19 through Friday, September 21.

On Wednesday, the House is expected to take up under the Suspension Calendar 27 non-controversial measures. To pass on the Suspension Calendar, legislation requires a 2/3 vote in favor.

One of the non-controversial pieces of legislation is H.R. 5912, sponsored by U.S. Rep. Tom Cole of Oklahoma, which would prohibit the use of taxpayer funds to pay for national political party conventions, and require the return to the U.S. Treasury of any funds not yet spent.

A full list of the measures to be considered on the Suspension Calendar can be found in the Appendix to the TPP Weekly Summary.

On Thursday, the House will take up three major pieces of legislation:

Green Cards for Foreign Graduate Students – Next week, the House will likely take up for consideration Judiciary Committee Chairman Lamar Smith’s STEM bill on immigration, allowing up to 55,000 green cards to be reallocated for foreign graduates of U.S. graduate programs in Science, Technology, Engineering and Math. There is no bill number yet.

A fact sheet from the House Judiciary Committee on the draft STEM Bill can be found here: http://judiciary.house.gov/news/pdfs/Fact%20Sheet%20STEM%20Bill.pdf

Stopping President Obama’s War on Coal – Next week, the House plans to debate the Stop the War on Coal Act, H.R. 3409, to rein in the Obama Environmental Protection Agency’s (EPA) costly job-killing regulations, protect jobs, keep energy affordable, as well as prevent the premature closure of coal plants to ensure the lights stay on. The bill would seek to limit surface mining regulations and would require regulatory analysis and a cumulative cost analysis of Environmental Protection Agency (EPA) rules. The bill would also allow states to regulate coal ash and would move the authority for setting Clean Water Act water quality standards from the EPA to the states.

Blocking the Obama Administration’s Welfare Work Waiver – Next week, the House is expected to consider H.J.Res. 118 “Providing for congressional disapproval of the Administration’s July 12, 2012 waiver of welfare work requirements.” According to a September analysis by the nonpartisan Government Accountability Office (GAO), the Obama Administration’s decision to waive the welfare work requirements qualifies as a rule and is therefore subject to review – and potential disapproval – under the Congressional Review Act. This bill would express Congress’s disapproval of the Obama Administration’s regulatory effort that will waive the work requirements of the 1996 welfare reform law, hold the Obama Administration accountable, and preserve critical reforms that have helped lift millions of American families out of poverty. Chairman Jordan—along with Chairmen John Kline and Dave Camp—is the chief sponsor of this resolution.

A fact sheet on H.J.Res. 118 can be found here: http://waysandmeans.house.gov/uploadedfiles/hjres_118_fact_sheet.pdf

In addition, those who want to move the Ag Bill to the floor of the House for a vote before September 30 (the end of the Fiscal Year, when the current Ag Bill runs out) have begun circulating a Discharge Petition. A Discharge Petition is a procedural vehicle used to circumvent the normal process of moving a bill to the floor of the House. Any bill can be brought to the floor of the House if a majority of the Members sign a petition to call it up.

The Discharge Petition can be found here: http://clerk.house.gov/112/lrc/pd/petitions/DisPet0005.xml?utm_source=Key+Votes&utm_campaign=d7acbe0ada-Key+Vote+Alert+-+Final+Debt+Deal&utm_medium=email

As of this writing, the Discharge Petition has 53 signers. A few farm state Republicans have signed on, and other farm state Republicans will be under heavy pressure from their constituents to add their signatures.

On Friday, the House will consider any of the legislation not finished Thursday.

Majority Leader Cantor announced on Friday, September 14 that the House would recess on Friday, September 21, and would not be back in session until after the November elections.

SUMMARY OF SENATE ACTION WEEK of 9/9 – 9/15:

The Senate convened on Wednesday, September 12 and took up but did not finish with S. 3457, the Veterans Job Corp Act, a bill that would provide for training for returning veterans of the armed services. Sen. Sessions of Alabama, the Ranking Member of the Senate Budget Committee, objects to the bill because it authorizes an increase in the budget of the Department of Veterans Affairs over and above the level authorized in the Budget Control Act. Sessions plans to offer a Budget Point of Order, which will likely be defeated on a party-line vote, when the measure is next taken up on Wednesday, September 20.

Sen. Paul of Kentucky continues to filibuster all legislative action in the Senate in a bid to get a vote on his bill to stop all foreign aid to some Middle Eastern nations. His filibusters have required the maximum amount of time pass between each vote.

NEXT WEEK IN THE SENATE:

The Senate will not be in session Monday, September 17 or Tuesday, September 18, in observance of the Jewish holiday.

On the afternoon of Wednesday, September 20, the Senate is expected to take up the House-passed Continuing Resolution.

Other legislative items that are possible during the September work period include: Farm bill extension (expires Sept. 30th); vote on Executive Calendar #518, Carol J. Galante, of California, to be an Assistant Secretary of Housing and Urban Development (per a Unanimous Consent agreement entered into before the August recess); additional nominations; Obamacare repeal bill (Rule 14ed by Republican Leader McConnell); Senator Johnson’s call for Congressional Review Act review of the Internal Revenue Service’s exchange regulations; and Senator Hatch’s call for Congressional Review Act review of the TANF (Temporary Assistance for Needy Families) work guidance changes.

APPENDIX

Measures to be placed on the House Suspension Calendar during the week of September 17, 2012:

H.R. 6060, the Endangered Fish Recovery Programs Extension Act,
H.R. 5987, the Manhattan Project National Historical Park Act,
H.R. 1461, the Mescalero Apache Tribe Leasing Authorization Act,
H.R. 3319, to allow the Pascua Yaqui Tribe to determine the requirements for membership in that tribe,
H.R. 6324, the Cutting Federal Unnecessary and Expensive Leasing Act,
H.R. 4158, to confirm full ownership rights for certain United States astronauts to artifacts from the astronauts' space missions,
H.R. 6375, to authorize certain Department of Veterans Affairs major medical facility projects and leases, to amend title 38, United States Code, to extend certain authorities of the Secretary of Veterans Affairs, and for other purposes,
H.R. 5948, the Veterans Fiduciary Reform Act,
H.R. 3099, the Buffett Rule Act,
H.R. 5044, the Andrew P. Carpenter Tax Act,
H.R. 2827, to amend the Securities Exchange Act of 1934 to clarify provisions relating to the regulation of municipal advisors,
H.R. 6361, the Vulnerable Veterans Housing Reform Act,
H.R. __, to provide flexibility with respect to U.S. support for assistance provided by international financial institutions for Burma,
H.R. 2903, the FEMA Reauthorization Act,
H.R. 3110, the Grape Region Accelerated Production and Efficiency Act,
H.R. 6368, the Border Security Information Improvement Act,
H.R. 5912, to amend the Internal Revenue Code of 1986 to prohibit the use of public funds for political party conventions, and to provide for the return of previously distributed funds for deficit reduction,
H.R. 6296, the Disaster Loan Fairness Act,
H.R. 5910, the Global Investment in American Jobs Act,
H.R. 4212, the Contaminated Drywall Safety Act,
H.R. 4124, the Veteran Emergency Medical Technician Support Act,
H.R. 6163, the National Pediatric Research Network Act,
H.R. 6118, the Taking Essential Steps for Testing Act,
H.R. 733, the Recalcitrant Cancer Research Act,
H.R. 3783, the Countering Iran in the Western Hemisphere Act,
H.Res. 526, expressing the sense of the House of Representatives with respect toward the establishment of a democratic and prosperous Republic of Georgia and the establishment of a peaceful and just resolution to the conflict with Georgia's internationally recognized borders, and
H.Res. __, Honoring the four United States public servants who died in Libya and condemning the attacks on United States diplomatic facilities in Libya, Egypt, and Yemen.