House Oversight and Government Reform - Thursday's Much Important Hearing

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1 Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY Phone: Fax: This Week In Congress: Immigration And Net Neutrality Law360, New York (March 15, 2015, 1:45 PM ET) -- The House of Representatives returns from a district work period on Monday, March 16. The House is set to take up five health-related bills and a bill dealing with volunteer firefighters and emergency responders under suspension of the rules. The bills are expected to pass with large majorities. The House will then turn to the bills it had planned to consider before its recess week started early due to heavy snow in Washington two weeks ago. It will take up bills to address Republican concerns with the manner in which the Environmental Protection Agency relies on science in developing its regulations. One bill is the EPA Science Advisory Board Reform Act, sponsored Richard Hertling by former House Agriculture Committee Chairman Frank Lucas, R-Okla., and the second is the Secret Science Reform Act, sponsored by Science Committee Chairman Lamar Smith, R-Texas. Both bills passed the House last year but were never considered by the then-democratic-controlled Senate. Both bills have received veto threats from the administration. The House will then consider S.J. Res. 8, the Senate-approved resolution to undo the National Labor Relations Board s so-called ambush elections rule that is meant to make it easier for unions to win representation elections. While the Senate passed the resolution by a vote of 53-46, that margin is insufficient to override a promised presidential veto. House Majority Leader Kevin McCarthy, R-Calif., had expressed to his colleagues desire to try to tackle the so-called doc fix bill this week, but the House schedule does not provide for its consideration. The legislation is needed to that address the payment rate to physicians under Medicare. The current temporary provision that prevents drastic cuts to payment rates to physicians will expire at the end of this month. Rumors abound of a possible deal to prevent the need to pass short-term patches to the existing Sustainable Growth Rate, by which the Centers for Medicare and Medicaid Services manages the growth in costs of the Medicare program. So we know that legislation to address this issue will definitely be on the agenda of both chambers during the week of March 23. The Senate also returns on Monday and plans to vote on the nomination of Carlos A. Monje to be an assistant secretary of transportation and on the nomination of Manson K. Brown to be an assistant secretary of commerce. The Senate is then expected to resume consideration of S.178, Justice for Victims of Trafficking Act of Consideration of the bill hit a snag last week over a provision dealing with abortion. The provision,

2 an expansion of the Hyde Amendment, would prevent any of the funds reserved for trafficking victims from being used on abortions or Plan B contraception. The language went unnoticed when the Senate Judiciary Committee unanimously approved the bill on March 2. Only after agreeing on the motion to proceed to the bill did Senate Democrats note the inclusion of the language. Since then, they have blocked progress on the bill. Majority Leader Mitch McConnell, R-Ky., has filed cloture on the bill, setting up a Tuesday morning vote that is likely to fail without Democratic support. A companion bill was passed by the House of Representatives in January without the abortion provision attached. Last week, Rep. McConnell announced that later this week the Senate would take up the nomination of Loretta Lynch to be U.S. attorney general. Senate Democrats have been pressing for a vote on the Lynch nomination since the Judiciary Committee approved it three weeks ago. While Lynch was approved by the committee by a vote of 12-8, with three Republican members voting in favor of the nominee, debate on the Senate floor is expected to be highly partisan, and it remains unclear whether any individual members may try to filibuster a vote. Some conservative senators have stated they will oppose her nomination based on her support of the administration s immigration policy. While a very close vote is highly likely, Lynch is expected to be confirmed eventually. In addition to the debate surrounding Lynch, immigration policy will be the focus of several hearings in the House and Senate this week. The Senate Judiciary Subcommittee on Oversight will review the implications of Texas v. United States, the case brought by 26 states challenging President Barack Obama s recent executive actions on immigration, granting deferred action for immigrants in the country illegally and attendant benefits. On Feb. 16, a Texas federal district judge issued an injunction against the Obama administration s immigration actions, essentially putting them on hold. The U.S. Department of Justice has asked a federal appeals court to lift the injunction. Two House Oversight and Government Reform Subcommittees will also hold a joint hearing on the president s executive actions on immigration. The House Homeland Security Subcommittee on Border and Maritime Security will examine the visa waiver program. On the Senate side, the Senate Judiciary Committee on Tuesday will focus on immigration reform and skilled worker programs. The Senate Homeland Security and Governmental Affairs Committee will examine security on the southwest border. The Federal Communications Commission s net neutrality regulations is another major topic this week on both sides of the hill. Released last Friday, congressional Republicans have called the new rules an overreach. The Senate Commerce, Science and Transportation Committee will host a hearing on Wednesday on the topic of FCC oversight, at which all five commissioners will appear before the committee, making for an interesting hearing after the 3-2 decision on the new net neutrality regulations. The process by which the FCC developed the net neutrality rules is the subject of a House Oversight and Government Reform Committee hearing on Tuesday. Members will undoubtedly examine the influence purportedly exerted by the Obama administration in the FCC rulemaking, as the FCC is ostensibly an independent agency. On Thursday, the House Energy and Commerce Subcommittee on Communications and Technology will hold an FCC oversight hearing. Also of note on the hearing schedule, on Tuesday, Purdue University president and former Indiana Gov. Mitch Daniels will be testifying before the House Education and Workforce Committee regarding higher education issues; Treasury Secretary Jack Lew will testify before the House Financial Services Committee; and North Carolina Gov. Pat McCrory will appear before the House Transportation and Infrastructure Committee regarding surface transportation reauthorization bill. On Wednesday, Secretary of Defense Ashton Carter will appear before the House Armed Services Committee to discuss the president s proposed authorization for the use of military force against Islamic State terrorists and the U.S. Defense Department s fiscal year 2016 budget request; Secretary of Labor Tom Perez will testify

3 before the House Education and Workforce Committee regarding the U.S. Department of Labor FY16 budget proposal. These hearings and other key congressional hearings in a busy week are listed below: By Richard A. Hertling and Kaitlyn McClure, Covington & Burling LLP Richard Hertling is of counsel with Covington & Burling in the firm's Washington, D.C., office. His more than 25 years of federal government service include leadership roles on the staffs of the Senate Governmental Affairs Committee, the Senate Judiciary Committee, and the Justice Department, in addition to his most recent role as staff director and chief counsel of the House Judiciary Committee. Kaitlyn McClure is a policy adviser in Covington & Burling's Washington office. CALENDAR Monday March 16, 2015 House Committees Federal Leased Office Space Issues House Transportation and Infrastructure - Subcommittee on Economic Development, Public Buildings and Emergency Management Subcommittee Panel Discussion 10 a.m., Atlanta Conference Room, Martin Luther King Jr. Federal Building, 77 Forsyth St., Atlanta, Ga. Fiscal 2016 Appropriations: Financial Services House Appropriations - Subcommittee on Financial Services and General Government 3 p.m., 2359 Rayburn Bldg. Intelligence Issues House Select Intelligence 5 p.m., HVC-304 Capitol Visitor Center Veterans Affairs and Transparency Issues House Veterans' Affairs 7:30 p.m., 334 Cannon Bldg. Senate Committees Improper Payments and the Death Master File Senate Homeland Security and Governmental Affairs 4 p.m., 342 Dirksen Bldg.

4 Tuesday March 17, 2015 House Committees Fiscal 2016 Appropriations: Agriculture House Appropriations - Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 10 a.m., 2362-A Rayburn Bldg. Fiscal 2016 Appropriations: Commerce-Justice-Science House Appropriations - Subcommittee on Commerce, Justice, Science, and Related Agencies 10:30 a.m., H-309 Capitol Bldg.; March 18, 10:30 a.m., H-309 Capitol Bldg. Fiscal 2016 Appropriations: Defense House Appropriations - Subcommittee on Defense 10 a.m., H-140 Capitol Bldg. Fiscal 2016 Appropriations: Energy-Water House Appropriations - Subcommittee on Energy and Water Development 10 a.m., 2362-B Rayburn Bldg. Fiscal 2016 Appropriations: Financial Services House Appropriations - Subcommittee on Financial Services and General Government 11 a.m., HT-2 Capitol Bldg. Fiscal 2016 Appropriations: Homeland Security House Appropriations - Subcommittee on Homeland Security 10 a.m., 2359 Rayburn Bldg. Fiscal 2016 Appropriations: Labor, HHS, Education House Appropriations - Subcommittee on Labor, Health and Human Services, Education, and Related Agencies 10 a.m., 2358-C Rayburn Bldg. Fiscal 2016 Appropriations: Transportation-HUD House Appropriations - Subcommittee on Transportation, Housing and Urban Development, and Related Agencies 10 a.m., 2358-A Rayburn Bldg. Fiscal 2016 Defense Authorization: Military Departments House Armed Services

5 10 a.m., 2118 Rayburn Bldg. U.S. Higher Education Issues House Education and the Workforce - Subcommittee on Higher Education and Workforce Training 10 a.m., 2175 Rayburn Bldg. EPA Proposed Power Plant Rule House Energy and Commerce - Subcommittee on Energy and Power 10 a.m., 2123 Rayburn Bldg. International Financial System House Financial Services 10 a.m., HVC-210 Capitol Visitor Center Foreign Aid Fiscal 2016 Budget House Foreign Affairs 10 a.m., 2172 Rayburn Bldg. Visa Waiver Program and National Security House Homeland Security - Subcommittee on Border and Maritime Security 10 a.m., 311 Cannon Bldg. Lawsuit Abuse Reduction Act House Judiciary - Subcommittee on the Constitution and Civil Justice 10 a.m., 2141 Rayburn Bldg. National Park Service Fiscal 2016 Budget House Natural Resources - Subcommittee on Federal Lands Subcommittee Oversight Hearing 9:30 a.m., 1334 Longworth Bldg. Natural Resources Fiscal 2016 Budget House Natural Resources - Subcommittee on Energy and Mineral Resources Subcommittee Oversight Hearing 10 a.m., 1324 Longworth Bldg. FCC: Process and Transparency House Oversight and Government Reform 10 a.m., 2154 Rayburn Bldg. EPA Proposed Ozone Standards

6 House Science, Space and Technology 10 a.m., 2318 Rayburn Bldg. Contracting and Industrial Base House Small Business - Subcommittee on Contracting and Workforce 10 a.m., 2360 Rayburn Bldg. Surface Transportation Reauthorization House Transportation and Infrastructure 9:30 a.m., 2167 Rayburn Bldg. Coast Guard Mission Assessment House Transportation and Infrastructure - Subcommittee on Coast Guard and Maritime Transportation 10:30 a.m., 2253 Rayburn Bldg. Low-Income Funding Issues House Ways and Means - Subcommittee on Human Resources 10 a.m., B-318 Rayburn Bldg. Fiscal 2016 Appropriations: Interior-Environment House Appropriations - Subcommittee on Interior, Environment, and Related Agencies 1 p.m., B-308 Rayburn Bldg. Proposed Waters Rule and Rural America House Agriculture - Subcommittee on Conservation and Forestry 2 p.m., 1300 Longworth Bldg. Space Access Issues House Armed Services - Subcommittee on Strategic Forces 3:30 p.m., 2118 Rayburn Bldg. Fiscal 2016 Appropriations: State-Foreign Operations House Appropriations - Subcommittee on State, Foreign Operations, and Related Programs 2:30 p.m., H-140 Capitol Bldg. National Security and Trade Agreements House Foreign Affairs - Subcommittee on Terrorism, Nonproliferation, and Trade 2 p.m., 2172 Rayburn Bldg.

7 Immigration Executive Action House Oversight and Government Reform - Subcommittee on Health Care, Benefits and Administrative Rules; House Oversight and Government Reform - Subcommittee on National Security Committee Joint Hearing 2 p.m., 2154 Rayburn Bldg. Intelligence Issues House Select Intelligence 1 p.m., HVC-304 Capitol Visitor Center Veteran Educational Issues House Veterans' Affairs - Subcommittee on Economic Opportunity 2 p.m., 334 Cannon Bldg. Senate Committees Agriculture Trade with Cuba Senate Agriculture, Nutrition and Forestry 10 a.m., 328A Russell Bldg. Fiscal 2016 Defense Authorization: China-Russia Strategic Competition Senate Armed Services 9 a.m., SVC-217 Capitol Visitor Center Systemically Important Financial Institutions Senate Banking, Housing and Urban Affairs 10 a.m., 538 Dirksen Bldg.; March 19, 10 a.m., 538 Dirksen Bldg. TSA Fiscal 2016 Budget Senate Commerce, Science and Transportation - Subcommittee on Aviation Operations, Safety and Security 2:30 p.m., 253 Russell Bldg. Electric Grid Technology Senate Energy and Natural Resources 10 a.m., 366 Dirksen Bldg. Recreational Hunting Legislation Senate Environment and Public Works - Subcommittee on Fisheries, Wildlife and Water 10 a.m., 406 Dirksen Bldg.

8 U.S. International Tax System Senate Finance 10 a.m., 215 Dirksen Bldg. Politics and Economy in Venezuela Senate Foreign Relations - Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights and Global Women's Issues 10 a.m., 419 Dirksen Bldg. Health IT Innovation Senate Health, Education, Labor and Pensions 10 a.m., 430 Dirksen Bldg. Southwest Border Security Senate Homeland Security and Governmental Affairs 10 a.m., 342 Dirksen Bldg. Immigration Overhaul Senate Judiciary 10 a.m., 226 Dirksen Bldg. House Committees Trade and Agriculture House Agriculture 10 a.m., 1300 Longworth Bldg. Wednesday March 18, 2015 Fiscal 2016 Appropriations: Agriculture House Appropriations - Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 10 a.m., 2362-A Rayburn Bldg. Fiscal 2016 Appropriations: Commerce-Justice-Science House Appropriations - Subcommittee on Commerce, Justice, Science, and Related Agencies 10:30 a.m., H-309 Capitol Bldg. Fiscal 2016 Appropriations: Energy-Water House Appropriations - Subcommittee on Energy and Water Development

9 10 a.m., 2362-B Rayburn Bldg. Fiscal 2016 Appropriations: Defense House Appropriations - Subcommittee on Defense Noon, H-140 Capitol Bldg. Fiscal 2016 Appropriations: Financial Services House Appropriations - Subcommittee on Financial Services and General Government 11 a.m., 2359 Rayburn Bldg. Public and Outside Witness Hearing House Appropriations - Subcommittee on Interior, Environment, and Related Agencies 9 a.m., B-308 Rayburn Bldg.; 1 p.m., B-308 Rayburn Bldg. Higher Education Issues House Appropriations - Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Subcommittee Oversight Hearing 9:30 a.m., 2358-C Rayburn Bldg. Fiscal 2016 Defense Authorization: DOD and AUMF House Armed Services 10 a.m., 2118 Rayburn Bldg. Labor Department Fiscal 2016 Budget House Education and the Workforce 10 a.m., 2175 Rayburn Bldg. Data Security and Breach Notification Act of 2015 House Energy and Commerce - Subcommittee on Commerce, Manufacturing and Trade 10 a.m., 2123 Rayburn Bldg. Improving Coal Combustion Residuals Regulation Act House Energy and Commerce - Subcommittee on Environment and the Economy 10:15 a.m., 2322 Rayburn Bldg. Consumer Financial Issues House Financial Services 10 a.m., HVC-210 Capitol Visitor Center Drone Security Issues

10 House Homeland Security - Subcommittee on Oversight and Management Efficiency 10 a.m., 311 Cannon Bldg. Iran and Hezbollah in the Western Hemisphere House Foreign Affairs - Subcommittee on the Western Hemisphere; House Foreign Affairs - Subcommittee on the Middle East and North Africa Committee Joint Hearing 10:15 a.m., 2172 Rayburn Bldg. U.S. Support for African Elections House Foreign Affairs - Subcommittee on Africa, Global Health, Global Human Rights and International Organizations 10:15 a.m., 2255 Rayburn Bldg. Office of Surface Mining Fiscal 2016 Budget House Natural Resources - Subcommittee on Energy and Mineral Resources Subcommittee Oversight Hearing 10:30 a.m., 1334 Longworth Bldg. Small Business Manufacturer Issues House Small Business 11 a.m., 2360 Rayburn Bldg. EPA Fiscal 2016 Budget House Transportation and Infrastructure - Subcommittee on Water Resources and Environment 10:30 a.m., 2167 Rayburn Bldg. Estate Tax Issues House Ways and Means - Subcommittee on Select Revenue Measures 10 a.m., B-318 Rayburn Bldg. Fiscal 2016 Appropriations: State-Foreign Operations House Appropriations - Subcommittee on State, Foreign Operations, and Related Programs 2 p.m., 2359 Rayburn Bldg. Fiscal 2016 Appropriations: Military Construction-VA House Appropriations - Subcommittee on Military Construction, Veterans Affairs, and Related Agencies 2 p.m., 2358-C Rayburn Bldg. Naval Cooperative Strategy House Armed Services - Subcommittee on Seapower and Projection Forces; House Transportation and Infrastructure - Subcommittee on Coast Guard and Maritime Transportation

11 Committee Joint Hearing 2 p.m., 2118 Rayburn Bldg. U.S. Special Operations Fiscal 2016 Budget House Armed Services - Subcommittee on Emerging Threats and Capabilities 3:30 p.m., 2212 Rayburn Bldg. Middle East Issues and Fiscal 2016 Budget House Foreign Affairs - Subcommittee on the Middle East and North Africa 2 p.m., 2172 Rayburn Bldg. Indian Affairs Fiscal 2016 Budget House Natural Resources - Subcommittee on Indian, Insular and Alaska Native Affairs Subcommittee Oversight Hearing 2 p.m., 1324 Longworth Bldg. Senate Committees Fiscal 2016 Defense Authorization: Army, Air Force Senate Armed Services 2:30 p.m., 106 Dirksen Bldg. FCC Oversight Senate Commerce, Science and Transportation 2:30 p.m., 253 Russell Bldg. Indian Affairs Legislation and Nomination Senate Indian Affairs Full Committee Markup 2:30 p.m., 628 Dirksen Bldg. Housing Assistance and Self-Determination Act Senate Indian Affairs 3:30 p.m., 628 Dirksen Bldg. Patent Litigation Practices Senate Judiciary 10 a.m., 226 Dirksen Bldg. Joint Committees Veterans Service Organizations Legislative Issues House Veterans' Affairs; Senate Veterans' Affairs

12 Committees Joint Hearing 10 a.m., G-50 Dirksen Bldg. Thursday March 19, 2015 House Committees Fiscal 2016 Appropriations: Agriculture House Appropriations - Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 10 a.m., 2362-A Rayburn Bldg. United States European Command House Appropriations - Subcommittee on Defense 10 a.m., H-140 Capitol Bldg. Fiscal 2016 Appropriations: Financial Services House Appropriations - Subcommittee on Financial Services and General Government 11 a.m., 2362-B Rayburn Bldg. Fiscal 2016 Appropriations: Homeland Security House Appropriations - Subcommittee on Homeland Security 10 a.m., 2359 Rayburn Bldg. Fiscal 2016 Appropriations: Interior-Environment House Appropriations - Subcommittee on Interior, Environment, and Related Agencies 9:30 a.m., B-308 Rayburn Bldg. Veterans Affairs Inspector General Oversight House Appropriations - Subcommittee on Military Construction, Veterans Affairs, and Related Agencies Subcommittee Oversight Hearing 9:30 a.m., H-309 Capitol Bldg. Fiscal 2016 Appropriations: Transportation-HUD House Appropriations - Subcommittee on Transportation, Housing and Urban Development, and Related Agencies 10 a.m., 2358-A Rayburn Bldg. Missile Defense Fiscal 2016 Budget House Armed Services - Subcommittee on Strategic Forces 9 a.m., 2118 Rayburn Bldg.

13 Ground Force Programs Fiscal 2016 Budget House Armed Services - Subcommittee on Tactical Air and Land Forces 10:30 a.m., 2212 Rayburn Bldg. Efficiency Standards for Grid-Enabled Water Heaters Bill House Energy and Commerce - Subcommittee on Energy and Power 10 a.m., 2322 Rayburn Bldg. FCC Reauthorization Oversight House Energy and Commerce - Subcommittee on Communications and Technology 11 a.m., 2123 Rayburn Bldg. SEC Division of Enforcement House Financial Services - Subcommittee on Capital Markets and Government Sponsored Enterprises 9 a.m., 2167 Rayburn Bldg. Chemical Terrorism Response House Homeland Security - Subcommittee on Emergency Preparedness, Response and Communications 9:30 a.m., 311 Cannon Bldg. Child Exploitation Legal Issues House Judiciary - Subcommittee on Crime, Terrorism, Homeland Security and Investigations 10 a.m., 2141 Rayburn Bldg. Fish and Wildlife Service, NOAA Fiscal 2016 Budget House Natural Resources - Subcommittee on Water, Power and Oceans; House Natural Resources - Subcommittee on Federal Lands Committee Joint Hearing 9:30 a.m., 1334 Longworth Bldg. Cyber Threats and American Businesses House Select Intelligence 9 a.m., HVC-210 Capitol Visitor Center Contracting, Industrial Base and SBA Rulemaking House Small Business - Subcommittee on Contracting and Workforce 10 a.m., 2361 Rayburn Bldg. Veterans Affairs Security Legislation House Veterans' Affairs - Subcommittee on Oversight and Investigations

14 8 a.m., 334 Cannon Bldg. Senate Committees Fiscal 2016 Defense Authorization: Strategic, Transportation and Cyber Commands Senate Armed Services 9:30 a.m., G-50 Dirksen Bldg. Fiscal 2016 Defense Authorization: Navy Shipbuilding Senate Armed Services - Subcommittee on Seapower 9:30 a.m., 222 Russell Bldg. Regional Bank Regulation Senate Banking, Housing and Urban Affairs 10 a.m., 538 Dirksen Bldg. Cyberinsurance Marketplace Senate Commerce, Science and Transportation - Subcommittee on Consumer Protection, Product Safety, Insurance and Data Security 10 a.m., 253 Russell Bldg. Crude Oil Export Policy Senate Energy and Natural Resources 10 a.m., 366 Dirksen Bldg. U.S.-Africa Leaders Summit Senate Foreign Relations - Subcommittee on Africa and Global Health Policy 9:30 a.m., 419 Dirksen Bldg. Regulatory Process Overhaul Senate Homeland Security and Governmental Affairs 10 a.m., 342 Dirksen Bldg. Fiscal 2016 Defense Authorization: Air Force Structure Senate Armed Services - Subcommittee on Airland 2:30 p.m., 222 Russell Bldg. Texas V. United States Decision Senate Judiciary - Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts 3:30 p.m., 226 Dirksen Bldg.

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