September 11, 2015
The House passed S 1359, the E-Warranty Act of 2015 and the Senate passed S 1461, a bill providing for the extension of the enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals through 2015; S 1629, the DC Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2015; S 349, the Special Needs Trust Fairness Act of 2015; S 1603, the Border Jobs for Veterans Act of 2015; and S Res 250, a resolution relative to the death of Richard Schultz Schweiker, former U.S. Senator from Pennsylvania.
The House and Senate also considered measures pertaining to the Iran Nuclear Agreement. Lawmakers have until September 17 to act before the agreement automatically takes effect. Yesterday, the House adopted a resolution (H Res 411) along party lines that finds that the President has not complied with section 2 of the Iran Nuclear Agreement Review Act of 2015 and, therefore, the 60-day review period has not started. Today, the House rejected by a vote of 162 to 269 HR 3461, a bill approving the agreement, but passed by a vote of 247 to 186 HR 3460, a bill prohibiting the lifting of sanctions on Iran until 2017 when President Obama leaves office. Democrats in the Senate filibustered a resolution (HJ Res 61) disapproving the agreement by blocking a cloture vote 52 to 48 (60 aye votes were needed). Senate Majority Leader Mitch McConnell (R-KY) will bring the measure up for another cloture vote next Tuesday. Meanwhile, House Speaker John Boehner (R-OH) has not ruled out adding language preventing approval of the agreement to a continuing resolution funding the government past Sept. 30.
FY16 Appropriations/Continuing Resolution (CR)
The end of FY15 is rapidly approaching and Congress still needs to discuss and reach agreement on the size, duration, and shape of a continuing resolution (CR) funding the federal government past September 30. The House is scheduled to be in session 8 more days in September and the Senate will be in session 11 more days. While some Lawmaker and aides believe that they will be able to pass a “clean” CR with no riders, Speaker Boehner, who began discussions this week with Republican House members about a CR, said he hasn’t made any decisions on what might be included in the stopgap funding measure. The discussions included how to handle the issue of cutting federal funding for Planned Parenthood and whether or not it should be coupled with the CR or if the reconciliation process would be a more appropriate vehicle for the issue.
FY2016 National Defense Authorization Act (NDAA)
As Congress returned from the August recess this week, progress on the conference on the FY16 National Defense Authorization Act (NDAA) remains stalled over a number of issues. House Armed Services Committee (HASC) Ranking Member Adam Smith (D-WA) said that the administration’s proposal to increase Tricare co-pays for drugs ordered through the mail or in retail pharmacies is one of those issues. Senate Armed Services Committee Chairman John McCain (R-AZ) agrees with the administration’s proposal, while HASC Chairman Mac Thornberry (R-CA) says he will accept only 30% of the fee increases. Conflicting language on lump sum military retirement payments and how to close the U.S. military prison at Guantanamo Bay are other unresolved issues. On a more positive note, conferees do appear to have reached agreement on proposed reductions and limitations to the military’s Basic Allowance for Housing (BAH). The BAH is a subsidy given to service members to defray the costs of off-base housing. In the Senate NDAA, the Secretary of Defense would have the authority to up the total amount of housing costs shouldered by service members to 5% from the current 1%. The Senate bill would also limit the BAH for service members who live together or married military couples. The compromise provision is a gradual ramp down in the BAH, lowering the allowance by 1% per year over five years.
Executive Order on Paid Sick Leave
The President signed an Executive Order (EO) this week establishing paid sick leave for federal contractors beginning January 1, 2017. The EO requires federal contractors to provide up to 7 days or more of paid sick leave annually, including paid leave allowing for family care. Federal agencies will now include a clause in new contracts, contract-like instruments, and solicitations specifying that, as a condition of payment, all employees shall earn not less than 1 hour of paid sick leave for every 30 hours worked. Paid sick leave accrued under this order shall carry over from 1 year to the next and shall be reinstated for employees rehired by a covered contractor within 12 months after a job separation. The EO does not require a covered contractor to make a financial payment to an employee upon a separation from employment for accrued sick leave that has not been used. And the EO does not apply to independent agencies, who are “strongly encouraged” to comply with the EO requirements.
The Secretary of Labor will issue regulations by 9/30 that are necessary to carry out the EO. Within 60 days of the Secretary issuing regulations, the Federal Acquisition Regulatory Council will issue regulations in the Federal Acquisition Regulation (FAR) to provide for inclusion of the new clause in Federal procurement solicitations and contracts.
Executive Order on Paid Sick Leave:
Department of Energy Quadrennial Technology Review (QTR)
The Department of Energy released its 2015 Quadrennial Technology Review (QTR) this week. The QTR examines the status of clean energy technologies and research opportunities to advance these technologies. It focuses primarily on technologies with commercialization potential in the midterm and beyond. The last (and very first) QTR was released in 2011.
The DOE 2015 QTR can be found at:
http://energy.gov/sites/prod/files/2015/09/f26/Quadrennial-Technology-Review-2015.pdf
Political Updates
Illinois State Sen. Darin LaHood (R) won a special election to replace former Rep. Aaron Schock (R-IL) on Thursday. LaHood, son of former Transportation Secretary Ray LaHood, was heavily favored to win the seat. Congress now has zero vacancies.
House Education and Workforce Committee Chairman Rep. John Kline (R-MN) announced last week that he is retiring at the end of this Congress. Because of Republican term limits, Kline would have had to relinquish his Education Committee gavel at the end of 2016. Kline was first elected to Congress in 2002. He is also a member of the House Armed Services Committee. During his 25-year career in the U.S. Marine Corps, Kline served as a helicopter pilot and earned the responsibility of flying Marine One. He also served as a personal military aide to Presidents Jimmy Carter and Ronald Reagan. Kline is the second House committee chair to announce retirement. House Administration Committee Chairwoman Candice Miller (R-MI) announced in March that she would not seek re-election. Rep. Joe Wilson (R-SC) is next in seniority on the Education Committee, followed by Rep. Virginia Foxx (R-NC). President Obama narrowly won Kline’s congressional district in 2012.
Next Week
The House will be in session Wednesday through Friday and will consider HR 758, the Lawsuit Abuse Reduction Act of 2015; HR 3134, a bill that places a one-year moratorium on federal funding for Planned Parenthood; and a bill sponsored by Rep. Trent Franks (R-AZ) that adds criminal penalties to people who violate the Born Alive Act. The Senate meets at 1 pm on Tuesday and will continue work on HJ Res 61, a resolution disapproving of the Iran Nuclear Agreement.