This should be the final week of legislative activity for the 114th Congress, with the House and Senate expected to work through the outstanding items that remain on their to-do list for 2016. Lawmakers are scheduled to be in session until December 16, but resolution and passage of a spending measure to keep the government funded into 2017, the annual national defense authorization act, and the biomedical innovation bill, among a handful of other final legislative items should be wrapped up, enabling members to depart Washington, D.C. at the end of this week. Republican leaders appear determined to wrap up a week early to allow more time at the start of the 115th Congress in January 2017 for consideration of resolutions of disapproval of “midnight” regulations issued by the outgoing Obama Administration under the Congressional Review Act.
Negotiations over a continuing resolution (CR) have been ongoing and press reports indicate congressional leaders are close to a deal that should be ready for a vote this week. Current government funding expires on December 9. Although initial discussions on the CR were focused on a three-month extension of current spending authority into March 2017, leadership now seems to be agreed on extending that authority into April after acknowledging the reality of the congressional calendar. Both chambers are anticipating an active legislative agenda in the first few months of the 115th Congress, and the Senate will be particularly busy with the confirmation process for appointees to the new Administration. Republican leadership recognizes that it would be challenging to add an appropriations deadline to the agenda in the first 100 days of the new session. Legislative text has not yet been released, but House leadership indicated on Friday that the text of the spending bill would be ready to permit a vote this week. Although the funding portion is easily crafted, many funding anomalies and various legislative provisions that can be agreed upon must be crafted, making the final drafting of the CR a laborious and time-consuming task.
In addition to the expected consideration of a CR this week, the Senate is set to take up two additional lame duck priorities. Following the successful passage of both the biomedical innovation bill (H.R. 34, the 21st Century Cures Act) and a $619 billion conference report to the National Defense Authorization Act (S. 2943) through the House of Representatives last week, the Senate is now poised to take action on these measures. Senators are scheduled to return on Monday for a procedural vote on the 21st Century Cures Act, legislation that will invest greater resources in medical innovation and speed up the process by which the Food and Drug Administration (FDA) approves new drugs and devices. The legislation also includes additional provisions to address the opioid epidemic and to bolster the country’s mental health systems. There is widespread, bipartisan support for the measure, and even though several Senate Democrats have criticized the final version of the bill and announced their opposition, the legislation is expected to see Senate approval this week and be signed into law by the President.
Once the 21st Century Cures Act has been dispensed with, the Senate will begin consideration of the conference report to the National Defense Authorization Act, which passed the House last Friday by a vote of 375-34. This legislation provides an additional $8 billion in funding for overseas contingency operations and readiness shortfalls and covers the $5.8 billion supplemental request sent by the President to Congress in November. It also includes a 2.1 percent pay raise for U.S. troops. The funding in the bill is simply an authorization, and defense hawks have been critical of the CR strategy that congressional leaders have been pursuing because a CR will not provide the military with all of the funds authorized by this bill.
Among other potential items that could come up for consideration in the House and Senate before the close of this legislative session is the conference report to the Water Resources Development Act (WRDA), which House and Senate leaders indicate is close to being finalized; if completed, WRDA is likely to hitch a ride to passage on the CR. Also in the mix is a bill proposed by Senators John McCain (R-AZ) and Lindsey Graham (R-SC) intended to “fix” the Justice Against Sponsors of Terrorism Act (JASTA). The new law, which allows the families of 9/11 victims to sue the government of Saudi Arabia and other countries over alleged ties to the terrorists who carried out the attacks, survived a presidential veto earlier this year, but members of both parties have agreed there could be unintended, negative consequences. The legislative “fix” would narrow the scope of the initial language.
The House is scheduled to convene again on Monday when it will take up six bills under suspension of the rules, including S. 1635, legislation authorizing the activities of the Department of State for FY 2017.
On Tuesday, members will consider a suspension package consisting of 21 bills, reported out of the Energy and Commerce, the Natural Resources, or the Veterans Affairs Committees.
On Wednesday and during the remainder of the week it is possible for the House to take up additional measures under suspension of the rules. Also expected for floor consideration is H.R. 5143, the Transparent Insurance Standards Act of 2016. The legislation would require the Treasury Department and Federal Reserve to provide additional reports to Congress on international negotiations regarding regulatory standards in the insurance industry. Chief sponsor of the bill, Rep. Blaine Luetkemeyer (R-MO), chairman of the House Financial Service Committee’s Housing and Insurance Subcommittee, stated the bill is intended to “increase transparency and strengthen Congress’ role in supervising foreign standards setting organizations.” Consideration of H.R. 5143 will be subject to a rule. Finally, the House will tackle the CR when it becomes available.
The hearing schedule for congressional committees remains light, but the high-profile event of the week will be a hearing before the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights to examine the impact of AT&T’s proposed acquisition of Time Warner Inc. AT&T CEO Randall Stephenson and Time Warner CEO Jeffrey Bewkes are scheduled to appear before the subcommittee, alongside investor Mark Cuban and Gene Kimmelman of Public Knowledge, a consumer advocacy group.
Autonomous vehicle technology continues to be the subject of committee interest on Capitol Hill. The House Transportation and Infrastructure Subcommittee on Highways and Transit will host a roundtable on Tuesday morning regarding the impact of integrating this technology on America’s transportation systems. Roundtable participants include the United States Department of Transportation Under Secretary for Policy Blair Anderson, American Trucking Association President and CEO Chris Spear, and the Insurance Institute for Highway Safety Executive Vice President and Chief Research Officer David Zuby.
Relatedly, the Senate Commerce, Science, and Transportation Subcommittee on Surface Transportation and Merchant Marine is hosting a hearing Wednesday afternoon regarding the security of America’s critical transportation infrastructure. American Trucking Association CEO and President Chris Spear will also be providing testimony to this subcommittee (in addition to his appearance on the House side), alongside U.S. Department of Homeland Security Inspector General John Roth, Port Authority of New York and New Jersey Chief Security Officer Tom Belfiore, and Amtrak’s Interim Chief of Police Neil Trugman.
Several other events this week are focused on foreign affairs. The Senate Armed Services Committee is hosting a hearing on Tuesday morning regarding U.S. defense challenges and worldwide threats. On Wednesday afternoon the House Foreign Affairs Subcommittee on Asia and the Pacific will hold a hearing on whether President Obama’s “pivot to Asia” has been a “step or stumble.” In addition, the full Senate Foreign Relations Committee will meet on Tuesday for a hearing to examine Iranian support for terrorism.
The full details for these events and other congressional hearings scheduled throughout the week ahead are included below:
Tuesday, December 6, 2016
House Committees
Volkswagen’s Emissions Cheating Settlement: Questions Concerning ZEV Program Implementation
House Energy and Commerce – Subcommittee on Oversight and Investigations
Subcommittee Hearing
10 a.m., 2322 Rayburn HOB
American Compassion in India: Government Obstacles
House Foreign Affairs
Full Committee Hearing
10 a.m., 2172 Rayburn HOB
Examining Decades of Data Manipulation at the United States Geological Survey
House Natural Resources – Subcommittee on Oversight & Investigations
Subcommittee Hearing
10 a.m., 1324 Longworth HOB
Roundtable on the Impact of Autonomous Vehicle Technology on America’s Transportation Systems
House Transportation and Infrastructure – Subcommittee on Highways and Transit
Subcommittee Hearing
10 a.m., 2167 Rayburn HOB
Step or Stumble: The Obama Administration’s Pivot to Asia
House Foreign Affairs – Subcommittee on Asia and the Pacific
Subcommittee Hearing
2 p.m., 2172 Rayburn HOB
The Federal Information Technology Acquisition Reform Act (FITARA) Scorecard 3.0: Measuring Agencies’ Implementation
House Oversight and Government Reform – Subcommittee on Information Technology; House Oversight and Government Reform – Subcommittee on Government Operations
Subcommittees Joint Hearing
2 p.m., 2154 Rayburn HOB
Senate Committees
Emerging U.S. Defense Challenges and Worldwide Threats
Senate Armed Services
Full Committee Hearing
9:30 a.m., 216 Hart SOB
Defeating the Iranian Threat Network: Options for Countering Iranian Proxies
Senate Foreign Relations
Full Committee Hearing
2:30 p.m., 419 Dirksen SOB
Intelligence Matters
Senate Select Intelligence
Full Committee Hearing (CLOSED)
2:30 p.m., 219 Hart SOB
Ensuring Independence: Are Additional Firewalls Needed to Protect Congressional Oversight Staff from Retaliatory Criminal Referrals?
Senate Judiciary – Subcommittee on Crime and Terrorism
Subcommittee Hearing
2:30 p.m., 226 Dirksen SOB
Wednesday, December 7, 2016
House Committees
1890 Land-Grant Institutions: Recruitment Challenges and Scholarship Opportunities
House Agriculture
Full Committee Hearing
10 a.m., 1300 Longworth HOB
Waste and Duplication in the USDA Catfish Inspection Program
House Energy and Commerce – Subcommittee on Health
Subcommittee Hearing
10 a.m., 2322 Rayburn HOB
Unconventional Monetary Policy
House Financial Services – Subcommittee on Monetary Policy and Trade
Subcommittee Hearing
10 a.m., 2128 Rayburn HOB
Corruption: A Danger to Democracy in Europe and Eurasia
House Foreign Affairs – Subcommittee on Europe, Eurasia and Emerging Threats
Subcommittee Hearing
10 a.m., 2172 Rayburn HOB
Examining the Costs of Overclassification on Transparency and Security
House Oversight and Government Reform
Full Committee Hearing
9 a.m., 2154 Rayburn HOB
California National Guard Bonus Repayment
House Armed Services – Subcommittee on Military Personnel
Subcommittee Hearing
2 p.m., 2118 Rayburn HOB
Time and Attendance Abuse at the U.S. Patent and Trademark Office
House Oversight and Government Reform – Subcommittee on Government Operations
Subcommittee Hearing
2 p.m., 2154 Rayburn HOB
Senate Committees
Examining the Competitive Impact of the AT&T-Time Warner Transaction
Senate Judiciary – Subcommittee on Antitrust, Competition Policy and Consumer Rights
Subcommittee Hearing
10 a.m.
Assessing the Security of Our Critical Transportation Infrastructure
Senate Commerce, Science and Transportation – Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security
Subcommittee Hearing
2:30 p.m., 253 Russell SOB
Examining the Department of the Interior’s Land Buy-Back Program for Tribal Nations, Four Years Later
Senate Indian Affairs
Full Committee Hearing
2:15 p.m., 628 Dirksen SOB
Intelligence Matters
Senate Select Intelligence
Full Committee Briefing (CLOSED)
2:30 p.m.
Thursday, December 8, 2016
House Committees
Navy Littoral Combat Ship Program
House Armed Services – Subcommittee on Oversight and Investigations
Subcommittee Hearing
9 a.m.
Mixed Martial Arts Issues and Perspectives
House Energy and Commerce – Subcommittee on Commerce, Manufacturing and Trade
Subcommittee Hearing
10 a.m., 2322 Rayburn HOB
The Impact of Regulations on Short-Term Financing
House Financial Services – Subcommittee on Capital Markets and Government Sponsored Enterprises
Subcommittee Hearing
9:30 a.m., 2128 Rayburn HOB
Government Spending Data Transparency
House Oversight and Government Reform – Subcommittee on Government Operations
Subcommittee Hearing
10 a.m., 2154 Rayburn HOB
Senate Committees
State Department/USAID Management Challenges
Senate Foreign Relations – Subcommittee on State Department and USAID Management, International Operations, and Bilateral International Development
Subcommittee Hearing
10 a.m.