July 17, 2015
The House passed HR 2898, a bill that increases the availability of water for certain users in California’s drought-stricken Central Valley; HR 3038, a five-month highway funding reauthorization; HR 2499, the Veterans Entrepreneurship Act of 2015; HR 2722, the Breast Cancer Awareness Commemorative Coin Act; HR 1723, the Small Company Simple Registration Act; HR 2997, the Private Investment in Housing Act of 2015; and HR 251, the Homes for Heroes Act of 2015. The Senate passed S 1177, the Every Child Achieves Act by a vote of 81 to 17. The bill is an overhaul of the long-expired No Child Left Behind education law, and it now heads to a conference with the House-passed version, HR 5, the Student Success Act. The Senate also passed S 1300, the Adoptive Family Relief Act; S 756, the Syrian War Crimes Accountability Act; S 192, the Older Americans Reauthorization Act of 2015; and S 139, the Ensuring Access to Clinical Trials Act of 2015.
Fiscal Year 2016 Appropriations
House
House Appropriations Committee Chairman Hal Rogers (R-KY) commended his committee members this week after the committee completed action on the last of its 12 annual spending bills. Rogers said, “You have restored the reputation of this committee.”
While the committee has completed its work, the House has passed only six of its 12 annual spending bills. With the House scheduled to be in session only 20 more days before the end of fiscal year 2015, it is now likely that Congress will have to rely on a continuing resolution (CR) to keep the government running past Sept 30. Further complicating the House’s September schedule is the recent addition of the Iran Nuclear agreement, which Congress has 60 days to review setting up a potential vote in the House right around the end of the fiscal year. Some lawmakers are predicting the need for at least two CRs funding the government through late December when a final budget agreement could be worked out between Republicans and Democrats.
Homeland Security
The House Appropriations subcommittee met this week to mark up its $39.3B FY16 spending bill, which is $337M below the FY15 enacted level and $2.1B below the President’s FY16 budget request. Immigration policy dominated the debate during the full committee markup. However, the focus was now on sanctuary cities rather than on the President’s executive actions on immigration policy. The committee reported the bill out by a vote of 32 to 17 after adopting the following amendments:
- Carter – The amendment made technical and other noncontroversial changes and additions to the report. The amendment was adopted on a voice vote.
- Rooney – The amendment prohibits funding for TSA uniforms that include badges that resemble law-enforcement badges. The amendment was adopted on a voice vote.
- Culberson – The amendment requires ICE to detain Priority 1 and Priority 2 illegal aliens. The amendment was adopted on a voice vote.
- Yoder – The amendment prohibits certain state and local grants from going to “Sanctuary Cities.” The amendment was adopted on a vote of 28-21.
- Aderholt– The amendment restates current law prohibiting federal funding for Immigration and Customs Enforcement (ICE) to provide for abortions, except in certain life-threatening cases, rape, and incest. The amendment was adopted on a vote of 31-18.
- Young – The amendment withholds $5 million in funding for ICE until ICE completes a congressional briefing on the status of local communities participating in the Priority Enforcement Program. The amendment was adopted on a voice vote.
OMB Director Shaun Donovan sent a letter to Chairman Rogers earlier in the week outlining the administration’s opposition to the FY16 Homeland Security spending bill. In addition to opposing sequestration funding levels, the administration also called out the committee’s failure to incorporate the administration’s proposed restructuring of FEMA grant programs, lack of investment in DHS headquarters consolidation at St. Elizabeth’s, the reduction in funding for FEMA’s flood risk mapping efforts, and the inclusion of controversial riders including provisions related to the expanded Deferred Action for Childhood Arrivals and the newly proposed Deferred Action for Parents of Americans and Lawful Permanent Residents policies, as well as a provision that prohibits funds to be used to allow property confiscated by the Cuban Government to enter the United States.
House FY16 Homeland Security Appropriations Bill Text:
http://appropriations.house.gov/uploadedfiles/bills-114hr-fc-ap-fy2016-ap00-hsecurity.pdf
House FY16 Homeland Security Appropriations Report Language:
http://appropriations.house.gov/uploadedfiles/hrpt-114-hr-fy2016-hsecurity.pdf
OMB Director Donovan Letter to Chairman Rogers:
Senate
The Senate Appropriations Committee has passed 11 of its 12 annual spending bills. Financial Services is the only FY16 bill that has not yet been considered by the subcommittee or full committee.
Agriculture
The Senate Appropriations Committee marked up and reported out its FY16 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations bill this week. The bill was considered in subcommittee on Tuesday and full committee on Thursday. The $143.8B ($20.5B discretionary and $123.3B mandatory) measure was passed by the full committee by a vote of 28 to 2. The bill is $24B ($1.1B discretionary) less than the President’s FY16 budget request and $3.7B ($65M discretionary) below the FY15 enacted level. In addition to a manager’s amendment, four amendments were adopted during committee consideration – Sen. Hoeven’s (R-ND) school meals amendment granting waivers to schools unable to meet the 100% whole-grain requirement, Sen. Feinstein’s (D-CA) captive marine mammals amendment, Sen. Murkowski’s (R-AK) genetically engineered salmon amendment, and a horse slaughter amendment offered by Sens. Udall (D-NM), Mikulski (D-MD), Kirk (R-IL), and Feinstein (D-CA).
Bill Text:
Report Language:
Status of FY16 Appropriations Bills
| Subcommittee | House Action | Senate Action |
| Agriculture | Subcommittee: 6/18/15
Full Committee: 7/8/15 Floor: |
Subcommittee: 7/14/15
Full Committee: 7/16/15 Floor: |
| Commerce-Justice-Science | Subcommittee: 5/14/15
Full Committee: 5/20/15 Floor: 6/3/15 |
Subcommittee: 6/10/15
Full Committee: 6/11/15 Floor: |
| Defense | Subcommittee: 5/20/15
Full Committee: 6/2/15 Floor: 6/11/15 |
Subcommittee: 6/9/15
Full Committee: 6/11/15 Floor: |
| Energy & Water | Subcommittee: 4/15/15
Full Committee: 4/22/15 Floor: 5/1/15 |
Subcommittee: 5/19/15
Full Committee: 5/21/15 Floor: |
| Financial Services | Subcommittee: 6/11/15
Full Committee: 6/17/15 Floor: |
Subcommittee:
Full Committee: Floor: |
| Homeland Security | Subcommittee: 7/9/15
Full Committee: 7/14/15 Floor: |
Subcommittee: 6/16/15
Full Committee: 6/18/15 Floor: |
| Interior-Environment | Subcommittee: 6/10/15
Full Committee: 6/16/15 Floor: |
Subcommittee: 6/16/15
Full Committee: 6/18/15 Floor: |
| Labor-HHS-Education | Subcommittee: 6/17/15
Full Committee: 6/24/15 Floor: |
Subcommittee: 6/23/15
Full Committee: 6/25/15 Floor: |
| Legislative Branch | Subcommittee: 4/23/15
Full Committee: 4/30/15 Floor: 5/19/15 |
Full Committee: 6/11/15
Floor: |
| Military Construction-VA | Subcommittee: 4/15/15
Full Committee: 4/22/15 Floor: 4/30/15 |
Subcommittee: 5/19/15
Full Committee: 5/21/15 Floor: |
| State-Foreign Operations | Subcommittee: 6/3/15
Full Committee: 6/11/15 Floor: |
Subcommittee: 7/7/15
Full Committee: 7/9/15 Floor: |
| Transportation-HUD | Subcommittee: 4/29/15
Full Committee: 5/13/15 Floor: 6/9/15 |
Subcommittee: 6/23/15
Full Committee: 6/25/15 Floor: |
Defense Business Board
Secretary of Defense Ashton Carter announced this week the appointment of eight new members to the Defense Business Board (DBB). The DBB was established in 2002 to provide the Secretary of Defense and other senior leaders of the Department of Defense with independent advice on best business practices for consideration and potential application to the Department.
The eight new members are:
- Mahlon (Sandy) Apgar, IV, asset advisor and former assistant secretary for installations and environment, Department of the Army
- Robert Holland, corporate director, managing partner, chief mentor and advisory board member of Essex Lake Group, LLC, and former CEO of Ben & Jerry’s
- Jerry MacArthur Hultin, senior presidential fellow of NYU and president emeritus of Polytechnic Institute of New York University
- William Swanson, chairman of the Massachusetts Competitive Partnership and former CEO of the Raytheon Corporation
- Lon Levin, president, SkySeven Ventures and cofounder of XM Satellite Radio
- John O’Connor, Chairman of J.H. Whitney Investment Management, LLC
- Gen. (ret.) Arnold Punaro, president, Punaro Group and former executive vice president of Science Applications International Corporation (SAIC)
- Atul Vashistha, founder & chairman, Neo Group
The current members of the DBB are:
- Michael Bayer, DBB chair and president and CEO, Dumbarton Strategies
- Nancy Killefer, DBB vice chair and former senior partner, McKinsey & Company Inc.
- Cynthia Trudell, DBB vice chair and executive vice president of Human Resources and Chief HR Officer, PepsiCo
- Denis Bovin, chairman and managing partner, Palimere Group, LLC
- Howard Cox, Jr., advisory partner, Greylock Partners
- Roxanne Decyk, former executive vice president, Royal Dutch Shell PLC
- Taylor Glover, president and CEO, Turner Enterprises, Inc.
- Shelly Lazarus, chairman emeritus, Ogilvy & Mather
- David Langstaff, former president and CEO, TASC, Inc.
- Emil Michael, senior vice president of business, Uber Technologies, Inc.
- Philip Odeen, former chairman, AES Corporation
- William Phillips, principal in charge, Federal Advisory Services, KPMG
- Mark Ronald, former president and CEO, BAE Systems, Inc.
- Kevin Walker, COO, Iberdrola USA
- Daniel Werfel, director of public sector practice, The Boston Consulting Group
- Joe Wright, executive director, Seamobile/MTN Satellite Communications
- Dov Zakheim, senior fellow, CNA Corporation
- Jack Zoeller, president and CEO, Cordia Bancorp
The DBB will convene its next meeting July 23.
Political Updates
One more Republican candidate threw his hat into the ring for the 2016 Presidential race – Wisconsin Governor Scott Walker. He joins the already crowded Republican field that includes Sen. Ted Cruz (R-TX), Sen. Rand Paul (R-KY), Sen. Marco Rubio (R-FL), Sen. Lindsey Graham (R-SC), Louisiana Governor Bobby Jindal, New Jersey Governor Chris Christie, former Texas Governor Rick Perry, former Florida Governor Jeb Bush, former HP CEO Carly Fiorina, businessman Donald Trump, retired neurosurgeon Ben Carson, former Arkansas Governor Mike Huckabee, former NY Governor George Pataki, and former Sen. Rick Santorum (R-PA). Ohio Governor John Kasich and former Virginia Governor Jim Gilmore are expected to announce their candidacies soon (July 21 for Kasich and August for Gilmore). On the Democrat side, the field now includes former Secretary of State Hillary Clinton, Sen. Bernie Sanders (I-VT), former Maryland Governor Martin O’Malley, former Rhode Island Governor and Senator (and former Republican) Lincoln Chaffee, and former Virginia Senator Jim Webb.
Rep. Todd Young (R-IN) announced that he will run for the open Senate seat in Indiana in 2016. Young is the third Republican to enter the race to replace retiring Sen. Dan Coats (R-IN).
President Obama nominated Susan Coppedge to be Director of the Office to Monitor and Combat Trafficking at the Department of State and Jessie Roberson to be a Commissioner on the Nuclear Regulatory Commission.
Defense Secretary Ash Carter named Arsenio Gumahad II to be Deputy Director of Intelligence, Surveillance and Reconnaissance in the Office of the Under Secretary of Defense, Acquisition, Technology and Logistics; Dr. Wendin Smith to be Deputy Assistant Secretary of Defense for Countering Weapons of Mass Destruction; Christopher Maier to be Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism; Andrew Exum to be Deputy Assistant Secretary of Defense for Middle East Policy; Aaron Hughes to be Deputy Assistant Secretary of Defense for Cyber Policy; Abraham Denmark to be Deputy Assistant Secretary of Defense, East Asia; and Maura Sullivan to be Assistant to the Secretary of Defense for Public Affairs in the Office of the Assistant to the Secretary of Defense for Public Affairs.
Next Week
The House will consider HR 1734, the Improving Coal Combustion Residuals Regulation Act and HR 1599, the Safe and Accurate Food Labeling Act. The Senate will take up a highway and transportation funding bill. The House may also consider the conference report for the FY16 National Defense Authorization Act conference. The Senate Finance Committee will mark up on Tuesday a $96B tax extenders package that will retroactively extend 52 expired provisions through the end of 2016.