In the wake of the Brexit vote last week, roiling global politics and heralding the ongoing march of populist politics in the West, the Senate is the sole chamber in session in Washington, D.C. this week. The Senate will attempt to complete work on two House-passed measures: a conference report to the Fiscal Year (FY) 2017 Military Construction and Veterans Affairs Appropriations bill (called “MilCon/VA”), which also serves as the vehicle to provide funding to combat the Zika virus, as well as legislation to help Puerto Rico restructure its $70 billion debt. The first measure is unlikely to pass and the second is not guaranteed Senate passage this week due to Democratic opposition.
Senators will resume legislative activity on Monday, when a vote is scheduled on a district court nominee. Following this vote, the Senate is expected to turn to the conference report to the FY 2017 Military Construction and Veterans Affairs Appropriations bill. Negotiated by House and Senate Appropriators to resolve differences between the differing versions of the bill passed by each chamber, the measure provides $82.5 billion in discretionary funding for the Military Construction and Veterans Affairs portion and includes an additional $1.1 billion for domestic and international efforts to address the spread of the Zika virus. Of this Zika funding, $750 million is offset, the balance being categorized as emergency funding. Despite having tried to embarrass Republicans during the initial debate on the measure by stressing the urgency of providing Zika funding, Democrats are now opposed to the measure both because the bill does not provide the full amount of $1.9 billion to combat the Zika virus initially requested by the President and because they object to the offset for a portion of the Zika funds. They also oppose the specific offsets, which come from unobligated allocations from the Ebola crisis response and unused allocations from the portions of the Affordable Care Act. In addition, Democrats oppose the bill because it contains a controversial policy provision that restricts the Zika funding from being used by women’s health or family planning clinics, such as Planned Parenthood, that provide abortions.
The White House issued a veto threat over the funding bill last week, but it is doubtful that the Senate will be able to achieve the necessary 60-vote threshold to shut off debate. Democrats are calling for further negotiations on the bill before they would support it. With Senate passage looking improbable without changes to the bill and the House of Representatives on recess until July 5, Congress is unlikely to resolve the issue this week. In an election year, the ostensible urgency of the arrival of mosquito season the Democrats were pushing has given way to partisan political sniping. Although the Senate has shown during the past year and a half of Republican control that it can indeed be an effective, functioning body, after several years of total dysfunction, the fight over Zika funding reveals that dysfunction is never far from the surface, and that does not bode well for further success in the few weeks the Senate will be in session prior to the November elections.
The MilCon/VA conference report is not the only funding measure hanging in the balance. The Senate Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill for FY 2017 remains in limbo after Senate Democrats forced a vote on gun control amendments last Monday in the aftermath of the Orlando nightclub massacre. Each of the four proposals, two related to background checks and two competing proposals that would prevent suspected terrorists from purchasing firearms, failed to secure enough votes for attachment to the underlying spending bill. Senator Susan Collins (R-ME) has attempted to build bipartisan support for a compromise proposal banning gun sales to a subset of individuals on the terrorist watch list. Although her amendment survived a procedural vote last week when 52 senators opposed an effort to table the amendment, it too appears to lack the 60 votes needed for passage to be added to the underlying bill. The amendment remains pending on the Senate floor, and the fate of the underlying bill is uncertain until the issue is resolved.
The politics that played out during floor debate in the Senate on the CJS appropriations bill, and are likely to play out this week on the Zika response appropriations bill, raise questions regarding whether any FY 2017 spending measures will be able to move forward in the Senate at this point. The gun control debate also brought the House of Representatives to a standstill last week, when the Democratic conference staged a sit-in on the House floor for more than 24 hours in an attempt to force votes on gun control legislation. The unprecedented protest brought House legislative business to a halt and led Speaker of the House Paul Ryan to recess the chamber earlier than had been scheduled until July 5. House Democrats ended their sit-in but pledged to return when the House reconvenes and continue to demand a vote on gun-related amendments. The initial open amendment process that governed consideration of spending measures on the House floor effectively sank the Energy & Water Appropriations bill earlier this year, leading the Republican conference to adopt a strategy of foreclosing possible “poison pill” amendments from being considered on appropriations measures. That approach prompted the Democratic sit-in. The divisiveness on display on the House floor last week has left many wondering how the House will be able to proceed not only on appropriations bills, but with regular order on any legislative business moving forward.
The second item on the Senate agenda this week is the House-passed legislation to enable Puerto Rico to restructure its $70 billion debt. Consideration of the bill will begin mere days before the July 1 date on which Puerto Rico faces its next bond payments, which it has acknowledged it cannot satisfy. Senators from both parties and the White House have expressed reservations over provisions of the bill, but there appear to be no other options except to enact an imperfect bill in order for Puerto Rico to avoid a crippling default. The carefully negotiated legislation passed the House 297-127 earlier this month with support from members of both parties. Swift Senate consideration is not guaranteed this week. Senate Minority Leader Harry Reid (D-NV) has called for the consideration of amendments to the bill to address Democratic concerns. Whether or not Leader McConnell allows for consideration of any amendments, they are unlikely to pass given the impending July 1 deadline; any changes made to the bill would require the House to consider the amended bill, and with the House gone until July 5 on recess, amending the bill would lead to a Puerto Rican default on its bonds. Nonetheless, strong opposition from some Democratic senators, especially Bob Menendez (D-NJ) and presidential candidate Bernie Sanders (I-VT) could delay Senate action this week. The expectation is that the Senate will succeed in passing the bill this week, and President Obama has indicated he will sign the bill when it is sent to him. Thus, Puerto Rico is likely to avoid a default but it is not certain that will be the case.
Off of the Senate floor, Senate committees have a lighter hearing schedule this week, but there are several events on the calendar worth noting.
Even with the uncertainty of the appropriations process moving forward, the Appropriations Committee is scheduled to mark up the last of the 12 individual annual spending bills this week. The Subcommittee on State, Foreign Operations, and Related Agencies will mark up its bill on Tuesday and the full committee will consider the measure on Thursday morning.
The Foreign Relations Committee is hosting two hearings. On Tuesday, the full committee will meet to discuss global efforts to defeat ISIS. Department of State representative Brett McGurk, Special Presidential Envoy for the Global Coalition To Counter ISIL, will be the sole witness providing testimony to committee members. The hearing is likely to focus on the U.S.-led coalition campaign against ISIS in the Middle East, but will no doubt include discussion of Islamic State-inspired attacks across the world, such as the massacre in Orlando, Florida on June 12. The committee is scheduled to meet again on Thursday for a hearing entitled “Corruption: Violent Extremism, Kleptocracy, and the Dangers of Failing Governance.”
Secretary of Homeland Security Jeh Johnson will appear before the Judiciary Committee for an oversight hearing on Thursday. This hearing is likely to cover the terrorist attack in Orlando, as Judiciary Committee Chairman Chuck Grassley (R-IA) has requested more details on what federal agencies knew about the shooter before the massacre took place.
U.S. Secretary of Education John King will be appearing before the Health, Education, Labor and Pensions (HELP) Committee Wednesday morning to discuss the Every Student Succeeds Act, the new K-12 education law enacted in December, and the Department of Education’s proposed rulemaking on implementing the law. His testimony before the HELP Committee follows a similar appearance before the House Committee on Education and the Workforce last week, during which Committee Republicans expressed concerns and criticisms for the agency’s interpretations of the law.
The Commerce, Science, and Transportation Committee has scheduled a Wednesday morning markup for the consideration of 11 bills and two nominations under the committee’s jurisdiction. Among the pending matters scheduled for markup is S. 3084, the American Innovation and Competitiveness Act, bipartisan legislation intended to support research and innovation in the United States. The bill would reauthorize programs at the National Science Foundation (NSF) and the National Institute of Standards and Technology (NIST), and encourages the Executive Branch to adopt efficiencies and reform processes at these agencies to foster innovation and reduce red tape and promote education in the science, technology, engineering, and math (STEM) fields. Committee members will also consider S. 2770, the Kelsey Smith Act, legislation that would compel cellphone providers to release information on the location of a cellphone when law enforcement deems the situation an emergency. Companion legislation in the House was approved by the Energy and Commerce Committee, but failed to garner a majority of support during a vote under suspension of the rules in the House of Representatives in May after civil liberties groups expressed privacy concerns. Two additional telecommunications measures and several environmental bills are also scheduled to be marked up.
Also on Wednesday, the Homeland Security and Governmental Affairs Committee will host a roundtable on preparing for and protecting the nation from the Zika virus, supplementing the Senate floor debate over federal funding for the Zika response.
The details of these hearings and other hearings scheduled in the Senate this week are included below:
Tuesday, June 28, 2016
Senate Committees
Improving Strategic Integration at the Department of Defense
Senate Armed Services
Full Committee Hearing
9:30 a.m.
The Internet of Things: Bringing U.S. Transportation and Infrastructure into the 21st Century
Senate Commerce, Science and Transportation – Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security
Subcommittee Hearing
10 a.m.
Examining the Proposed Medicare Part B Drug Demonstration
Senate Finance
Full Committee Hearing
10 a.m.
Global Efforts to Defeat ISIS
Senate Foreign Relations
Full Committee Hearing
10 a.m.
One Year After Enactment: Implementation of the Justice for Victims of Trafficking Act of 2015
Senate Judiciary
Full Committee Hearing
10 a.m.
State-Foreign Operations Appropriations
Senate Appropriations – Subcommittee on State, Foreign Operations and Related Programs
Subcommittee Markup
2:30 p.m.
Oversight of BLM and Forest Service Efforts in Sage Grouse Conservation
Senate Energy and Natural Resources – Subcommittee on Public Lands, Forests and Mining
Subcommittee Hearing
2:30 p.m.
Small Business Health Care: Costs and Options
Senate Health, Education, Labor and Pensions
Full Committee Hearing
2 p.m.
Consequences of Agency Efforts to Deemphasize Radical Islam in Combating Terrorism
Senate Judiciary – Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts
Subcommittee Hearing
2:30 p.m.
Mayock Nomination (OPM)
Senate Homeland Security and Governmental Affairs
Full Committee Hearing
4 p.m.
Wednesday, June 29, 2016
Senate Committees
Pending Business
Senate Commerce, Science and Transportation
Full Committee Markup
10 a.m.
Every Student Succeeds Act Implementation: Update from the U.S. Secretary of Education on Proposed Regulations
Senate Health, Education, Labor and Pensions
Full Committee Hearing
10 a.m.
Preparing for and Protecting the Nation from Zika
Senate Homeland Security and Governmental Affairs
Full Committee Business Meeting
10 a.m.
Pending Legislation
Senate Indian Affairs
Full Committee Hearing
2:15 p.m.
Protecting Older Americans from Financial Exploitation
Senate Judiciary
Full Committee Hearing
10 a.m.
Consequences of Dwindling Startup Activity
Senate Small Business and Entrepreneurship
Full Committee Hearing
10 a.m.
Oversight of EPA Enforcement and Compliance Activities
Senate Environment and Public Works – Subcommittee on Superfund, Waste Management and Regulatory Oversight; Senate Environment and Public Works – Subcommittee on Oversight
Subcommittees Joint Hearing
2:30 p.m.
Pending Business
Senate Veterans’ Affairs
Full Committee Hearing
2:30 p.m.
Thursday, June 30, 2016
Senate Committees
State-Foreign Operations Appropriations
Senate Appropriations
Full Committee Markup
10:30 a.m.
National Security Cyber and Encryption Challenges
Senate Armed Services
Full Committee Hearing
9:30 a.m.
Corruption: Violent Extremism, Kleptocracy, and the Dangers of Failing Governance
Senate Foreign Relations
Full Committee Hearing
10:30 a.m.
Examining the Use of Agency Regulatory Guidance (Part II)
Senate Homeland Security and Governmental Affairs – Subcommittee on Regulatory Affairs and Federal Management
Subcommittee Hearing
9 a.m.
Oversight of the Department of Homeland Security
Senate Judiciary
Full Committee Hearing
9:45 a.m.
Small Business Survival Amidst Flood Insurance Rate Increases
Senate Small Business and Entrepreneurship
Full Committee Hearing
10 a.m.