November 21, 2014
The House this week passed three bills that would change Environmental Protection Agency (EPA) rules: HR 1422, the EPA Science Advisory Board Reform Act (modifies the process for choosing members of the EPA’s Science Advisory Board); HR 4012, the Secret Science Reform Act of 2014 (requires EPA to publicly release all of the data it uses to justify regulations); and HR 4795, the Promoting New Manufacturing Act (changes requirements on EPA air regulations). The Senate passed S 1086, the Child Care and Development Block Grant Act of 2014, sending it to the President for his signature. The Senate then took up S 2280, a bill to approve the Keystone XL Pipeline, but failed to get the 60 votes needed for passage as the final vote was 59 to 41. The Senate also fell short of the 60 needed votes for S 2685, the USA Freedom Act.
Immigration Reform
President Obama unveiled his Immigration Accountability Executive Actions last night. The actions will extend the “surge of resources” to protect the border and expand the existing deferred action program for undocumented immigrants. More specifically, the Executive Actions are as follows:
Strengthen Border Security
DHS will implement a Southern Border and Approaches Campaign Strategy that will employ three task forces of various law enforcement agencies. The first will focus on the southern maritime border. The second will be responsible for the southern land border and the West Coast. The third will focus on investigations to support the other two task forces. In addition, DHS will continue the surge of resources including additional Border Patrol agents, ICE personnel, criminal investigators, additional monitors, and working with DOJ to reorder dockets in immigration courts, along with reforms in these courts.
Link to Executive Action: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_southern_border_campaign_plan.pdf
Revise Removal Priorities
DHS will implement a new department-wide enforcement and removal policy that places top priority on national security threats, convicted felons, gang members, and illegal entrants apprehended at the border; the second-tier priority on those convicted of significant or multiple misdemeanors and those who are not apprehended at the border, but who entered or reentered this country unlawfully after January 1, 2014; and the third priority on those who are non-criminals but who have failed to abide by a final order of removal issued on or after January 1, 2014. Under this revised policy, those who entered illegally prior to January 1, 2014, who never disobeyed a prior order of removal, and were never convicted of a serious offense, will not be priorities for removal. This policy also provides clear guidance on the exercise of prosecutorial discretion.
Link to Executive Action:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf
End Secure Communities and Replace it with New Priority Enforcement Program
DHS will end the Secure Communities program, and replace it with the Priority Enforcement Program (PEP). The program will continue to rely on fingerprint-based biometric data submitted during bookings by state and local law enforcement agencies and will identify to law enforcement agencies the specific criteria for which DHS will seek an individual in their custody. The list of largely criminal offenses is taken from Priorities 1 and 2 of DHS’ new enforcement priorities. In addition, DHS will formulate plans to engage state and local governments on enforcement priorities and will enhance Immigration and Customs Enforcement’s (ICE) ability to arrest, detain, and remove individuals deemed threats to national security, border security, or public safety.
Link to Executive Action:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_secure_communities.pdf
Personnel Reform for ICE Officers
Related to these enforcement and removal reforms, DHS will support job series realignment and premium ability pay coverage for ICE ERO officers engaged in removal operations bringing ICE agents and officers pay in line with other law enforcement personnel.
Link to Executive Action:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_pay_reform_ice_officers.pdf
Expand Deferred Action for Childhood Arrivals (DACA) Program
DHS will expand eligibility for DACA to encompass a broader class of children. DACA eligibility was limited to those who were under 31 years of age on June 15, 2012, who entered the U.S. before June 15, 2007, and who were under 16 years old when they entered. DACA eligibility will be expanded to cover all undocumented immigrants who entered the U.S. before the age of 16, and not just those born after June 15, 1981. They will also adjust the entry date from June 15, 2007 to January 1, 2010. The relief (including work authorization) will now last for three years rather than two.
Link to Executive Action:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf
Extend Deferred Action to Parents of U.S. Citizens and Lawful Permanent Residents
DHS will extend eligibility for deferred action to individuals who (i) are not removal priorities under their new policy, (ii) have been in this country at least 5 years, (iii) have children who on the date of this announcement are U.S. citizens or lawful permanent residents, and (iv) present no other factors that would make a grant of deferred action inappropriate. These individuals will be assessed for eligibility for deferred action on a case-by-case basis, and then be permitted to apply for work authorization, provided they pay a fee. Each individual will undergo a thorough background check of all relevant national security and criminal databases, including DHS and FBI databases. With work-authorization, these individuals will pay taxes and contribute to the economy.
Link to Executive Action:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf
Expand Provisional Waivers to Spouses and Children of Lawful Permanent Residents
The provisional waiver program DHS announced in January 2013 for undocumented spouses and children of U.S. citizens will be expanded to include the spouses and children of lawful permanent residents, as well as the adult children of U.S. citizens and lawful permanent residents. At the same time, DHS will further clarify the “extreme hardship” standard that must be met to obtain the waiver.
Link to Executive Action:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_i601a_waiver.pdf
Revise Parole Rules
DHS will begin rulemaking to identify the conditions under which talented entrepreneurs should be paroled into the United States, on the ground that their entry would yield a significant public economic benefit. DHS will also support the military and its recruitment efforts by working with the Department of Defense to address the availability of parole-in-place and deferred action to spouses, parents, and children of U.S. citizens or lawful permanent residents who seek to enlist in the U.S. Armed Forces. DHS will also issue guidance to clarify that when anyone is given “advance parole” to leave the country – including those who obtain deferred action – they will not be considered to have departed. Undocumented aliens generally trigger a 3- or 10-year bar to returning to the United States when they depart.
Link to Executive Actions:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_parole_in_place.pdf
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_arrabally.pdf
Promote the Naturalization Process
To promote access to U.S. citizenship, DHS will permit the use of credit cards as a payment option for the naturalization fee, and expand citizenship public awareness. The naturalization fee is $680, currently payable only by cash, check or money order. DHS will also explore the feasibility of expanding fee waiver options.
Link to Executive Action:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_naturalization.pdf
Support High-skilled Business and Workers
DHS will take a number of administrative actions to enable U.S. businesses to hire and retain highly skilled foreign-born workers and strengthen and expand opportunities for students to gain on-the-job training. They will amend current regulations and make other administrative changes to provide flexibility to workers with approved employment-based green card petitions.
Link to Executive Action:
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions.pdf
CBO Scores Cybersecurity Information Sharing Act of 2014
The Congressional Budget Office (CBO) released their scoring analysis of S 2588, the Cybersecurity Information Sharing Act (CISA) of 2014. CBO estimates that implementing the bill would have a discretionary cost of about $20 million over the 2015-2019 period. Their official cost estimate on the Senate Intelligence Committee’s information sharing bill largely comes from personnel costs. The staffing needed to administer the program and manage the exchange of information between government and the private sector would cost about $4 million annually. The CBO analysis can be found at: https://www.cbo.gov/publication/49791
National Defense Authorization Act
The FY15 National Defense Authorization Act (NDAA) is considered must-pass legislation, however there are a few remaining outstanding issues that could affect the timing of its consideration. Senate Armed Services Committee (SASC) Chairman Carl Levin (D-MI) said that it is his hope that a conference report can be finalized and passed by both chambers during the first week of December.
The first outstanding issue is the disagreement over whether to increase pharmacy copays for the non-active duty beneficiaries of TRICARE. The language originated as a proposal from DOD to help control the costs of their defense health care spending. The proposal would raise the copays for generics next year from $6 to $7 and then to $9 by 2017. The SASC included a provision in its bill to allow for the increase, but the House Armed Services Committee (HASC) bill doesn’t address the issue at all. HASC Chairman Buck McKeon (R-CA) opposes the inclusion of this provision in the final NDAA conference report while SASC Chairman Levin insists on its inclusion as well as a provision to reduce troop housing benefits. SASC republicans are siding with their chairman on this issue.
Another issue to be resolved is the Federal Information Technology Acquisition Reform Act (FITARA), which was included in the HASC NDAA. The Senate doesn’t like FITARA the way it is currently written, and the Department of Defense (DOD) wants to be exempted from the requirements in FITARA as they claim they are already doing many of these things administratively such as data center consolidation. The SASC bill includes a provision to change the role of the DOD Deputy Chief Management Officer to improve the way DOD purchases IT systems and services, which could possibly conflict with the House FITARA language. While the FITARA provision may not make it into the final bill, there could be some final language on IT acquisition reform.
There are also a few unresolved issues around contracting, including language that extends the test program for negotiation of comprehensive small business subcontracting plans. The final conference report may extend the current requirement for two years rather than three as proposed by the House, and add some reporting requirements. And there is some House language that would increase small business participation goals from 23% to 25%. There is no language in the Senate on this issue.
And finally, they’ll have to work out language from the House bill that would require a cost comparison of services from contractors vs. in-house. Congress could use this information to say that DOD is using contractors too often for inherently governmental functions.
House Democratic Leadership Elections
House democrats held their leadership elections this week reelecting Rep. Nancy Pelosi (D-CA) as Minority Leader for another two years. Pelosi was unopposed in the election. Democrats also reelected Rep. Steny Hoyer (D-MD) as Minority Whip, Rep. Xavier Becerra (D-CA) as Democratic Caucus chairman, Rep. Joseph Crowley (D-NY) as caucus vice chairman, and Rep. James Clyburn (D-SC) as assistant to the leader. Reps. Rosa DeLauro (D-CT) and Donna Edwards (D-MD) were appointed as co-chairwomen of the Democratic Steering and Policy Committee. Minority Leader Pelosi also named Rep. Ben Ray Lujan (D-NM) to serve as the next Democratic Congressional Campaign Committee chair.
House Committee Chairs
The House Republican Steering Committee made its official recommendations for House committee chairmanships for the 114th Congress and the whole House Republican conference ratified the recommendations this week. The House democratic caucus also approved their ranking democrats for the next Congress. The committee chairmen and ranking democrats for the 114th Congress are as follows:
| Committee | Chairman | Ranking Democrat |
| Agriculture | Michael Conaway, TX | Collin Peterson, MN |
| Appropriations | Harold Rogers, KY | Nita Lowey, NY |
| Armed Services | Mac Thornberry, TX | Adam Smith, WA |
| Budget | Tom Price, GA | Chris Van Hollen, MD |
| Education and the Workforce | John Kline, MN | Bobby Scott, VA |
| Energy and Commerce | Fred Upton, MI | Frank Pallone, NJ |
| Ethics | Charlie Dent, PA | Linda Sanchez, CA |
| Financial Services | Jeb Hensarling, TX | Maxine Waters, CA |
| Foreign Affairs | Ed Royce, CA | Eliot Engel, NY |
| Homeland Security | Michael McCaul, TX | Bennie Thompson, MS |
| House Administration | Candice Miller, MI | Bob Brady, PA |
| Intelligence | Devin Nunes, CA | Dutch Ruppersberger, MD* (term limited, waiver?) |
| Judiciary | Robert Goodlatte, VA | John Conyers, MI |
| Natural Resources | Rob Bishop, UT | Raul Grijalva, AZ |
| Oversight and Government Reform | Jason Chaffetz, UT | Elijah Cummings, MD |
| Rules | Pete Sessions, TX | Louise Slaughter, NY |
| Science, Space, and Technology | Lamar Smith, TX | Eddie Bernice Johnson, TX |
| Small Business | Steve Chabot, OH | Nydia Velazquez, NY |
| Transportation and Infrastructure | Bill Shuster, PA | Peter DeFazio, OR |
| Veterans’ Affairs | Jeff Miller, FL | Corrine Brown, FL |
| Ways and Means | Paul Ryan, WI | Sander Levin, MI |
Over in the Senate, decisions on chairmen and ranking democrats will wait until after the Dec. 6 runoff in Louisiana.
House Appropriations Cardinals and New Republican Members
House Appropriations Chairman Hal Rogers (R-KY) announced this week that the Republican Steering Committee approved the 12 Appropriations Subcommittee Chairs (or “Cardinals”) for the 114th Congress.
The Subcommittee Chairs are as follows:
Agriculture and Rural Development – Robert Aderholt, AL
Commerce, Justice, and Science – John Culberson, TX
Defense – Rodney Frelinghuysen, NJ
Energy and Water Development – Mike Simpson, ID
Financial Services – Ander Crenshaw, FL
Homeland Security – John Carter, TX
Interior, Environment – Ken Calvert, CA
Labor, Health and Human Services, Education – Tom Cole, OK
Legislative Branch – Tom Graves, GA
Military Construction, Veterans Affairs – Charles Dent, PA
State, Foreign Operations – Kay Granger, TX
Transportation, Housing and Urban Development – Mario Diaz-Balart, FL
The House Republican Steering Committee also approved four new Republican Members to serve on the House Appropriations Committee in the 114th Congress:
Rep. David Jolly (FL-13)
Rep. Scott Rigell (VA-02)
Rep. Evan Jenkins (WV-03)
Rep. David Young (IA-03)
2015 Schedules
The House and Senate have released their schedules for the first session of the 114th Congress. Both convene on January 6 and have target adjournment dates of December 18.
The Senate calendar can be found at:
https://www.vantagepointstrat.com/wp-content/uploads/2014/11/Senate-Schedule-2015.pdf
The House calendar can be found at:
http://www.majorityleader.gov/wp-content/uploads/2014/11/114thCongressFirstSession.pdf
Next Week
The House and Senate are both in recess next week and will reconvene on December 1.