The Week Ahead: March 2 – 6

By Rachna Choudhry, 3/1/15

From our Hill Sources: On Tuesday, Prime Minister Benjamin Netanyahu of Israel will become the second foreign leader in history to address Congress three times. (The first was Churchill.) And, while Congress was able to temporarily prevent a shutdown of the Department of Homeland Security, it will have once again look to a longer-term funding agreement for the agency. Here’s a look at what’s ahead.

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Israeli Prime Minister to Speak to Joint Session of Congress

On Tuesday, Prime Minister Benjamin Netanyahu of Israel will become the second foreign leader in history to address Congress three times. (The first was Winston Churchill.)

National security adviser Susan Rice said that Netanyahu's decision to accept House Speaker John Boehner’s (R-OH) invitation to address Congress and offer critical views of a potential nuclear deal with Iran shortly before the Israeli elections has "injected a degree of partisanship, which is not only unfortunate—I think it's destructive of the fabric of the relationship." According to Rice, the US-Israeli relationship has “always been bipartisan. We need to keep it that way. We want it that way. I think Israel wants it that way. The American people want it that way. And when it becomes injected or infused with politics, that's a problem." (Source: Interview on Charlie Rose)

The White House has expressed frustration with both the Republican-led House of Representatives and with Netanyahu’s office, not only for excluding them from the invitation process, but also for making the invitation so close to Israel’s elections on March 17 and the final stages of a potential nuclear weapons deal with Iran. Secretary of State Kerry will be in Geneva, Switzerland, this week, attempting to finalize a nuclear deal with Iran. President Obama will not be meeting with Netanyahu during his visit, explaining that “we have a practice of not meeting with leaders right before their elections, two weeks before their elections.” 

Related Bills in Congress

There is a resolution pending before the Senate supporting Prime Minister Netanyahu’s visit:

• Resolution welcoming the Prime Minister of Israel (SRes 76)

  A resolution welcoming the Prime Minister of Israel to the United States for his address to a joint meeting of Congress.

In addition, Congress has proposed several bills related to a nuclear deal with Iran:

• Iran Nuclear Agreement Review Act (S 615)

  —Bipartisan— Requiring congressional review of any comprehensive nuclear agreement with Iran, according to the bill sponsors. “Would mandate the President submit the text of any agreement to Congress and prohibit the Administration from suspending Congressional sanctions for 60 days. During that period, Congress would have the opportunity to hold hearings and approve, disapprove or take no action on the agreement.” 

  From our Hill Sources: Administration officials have already indicated that the President may veto this bill.

• Nuclear Weapon Free Iran Act (S 269)

  —Bipartisan— “Would impose economic pressure on Iran if international negotiations do not yield a final nuclear deal by June 30th, and impose a Congressional review period of 30 continuous session days in the event of a final deal,” according to the bill sponsors. 

• Resolution (SRes 40)

  “In support of ongoing P5+1 nuclear negotiations with Iran. The resolution states that the Senate is prepared to enact additional sanctions against Iran if current diplomatic efforts fail, but refuses to prejudge the outcome. This resolution represents a different approach than that of the sanctions bill” (S 269), according to resolution sponsors. 

Dept. of Homeland Security Shutdown Averted – for a Week

Last Friday, the House passed an extension funding the Department of Homeland Security for an additional seven days, preventing an agency shutdown set for Friday at midnight. Earlier that day, the House Republican Leadership was unable to pass a three-week long funding extension, HJRes 35. More than 50 House Republicans voted against the bill.

Meanwhile, the Senate last Friday passed a "clean" Homeland Security funding bill that would fund DHS through September and would not touch Obama’s immigration actions. Senate Minority Leader Harry Reid (D-NV) called on the House to consider the bill. Separately, the Senate will consider a bill that would override the President’s November 2014 immigration actions:

• Immigration Rule of Law Act (S 534)

  Would permanently prohibit the Administration from implementing a series of policy initiatives with respect to deferred action, immigration, and enforcement that the President announced in November 2014. Would prohibit the Administration from both expanding eligibility for the Deferred Action for Childhood Arrivals (DACA) program, which began in August 2012, and extending the deferral period from two years to three years. Would prohibit the Administration from approving the parents of US citizens or lawful permanent residents for deferred action. (Source: Congressional Budget Office)

The Department of Homeland Security issued a 46-page document titled “Procedures Relating to a Lapse in Appropriations” as it prepares for a possible shutdown. 

Online Gambling

This week, the House Judiciary Committee’s Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will hold a hearing on whether to extend the Wire Act of 1961 to ban most forms of online gambling.  In a 2011 memo, the Department of Justice stated that the Wire Act only applies to online sports betting. 

Related Bills in Congress

There are several bills proposed in Congress that address online gambling:

• Restoration of America’s Wire Act (HR 707)

  — Bipartisan — “Will restore the long-standing interpretation of the Wire Act and is a response to concerns expressed by many state Attorneys General about the impact of the DOJ decision on their states. Utah and Hawaii are the only two states in the US to reject all forms of gambling,” according to the bill sponsors. 

  From our Hill Sources: Bill sponsors had unsuccessfully tried to hold a hearing on the issue in the 113th Congress.

• New Jersey Betting and Equal Treatment Act (HR 457)

  — Bipartisan — Amends the federal judicial code to exempt a lottery, sweepstakes, or other betting, gambling, or waging scheme operating exclusively in New Jersey, to the extent such scheme is approved by that state's legislature by statute, from the prohibition against a governmental entity, or a person acting pursuant to the law or compact of a governmental entity, sponsoring, operating, advertising, or promoting sports gambling.

• Sports Gaming Opportunity Act  (HR 416)

  — Bipartisan — Amends the federal judicial code to exempt a lottery, sweepstakes, or other betting, gambling, or wagering scheme authorized by a state by a statute enacted on or after January 1, 2015, and in effect not later than January 1, 2019, from the prohibition against a governmental entity, or a person acting pursuant to the law or compact of a governmental entity, sponsoring, operating, advertising, or promoting sports gambling.

New State (and District) Marijuana Legislation

In last week’s Weekly Update, we reported that Washington, DC’s ballot initiative legalizing recreational marijuana use would become law – unless Congress intervened. And Congress didn’t intervene, making legal limited possession (up to two ounces, or 100 joints according to the Washington Post) and cultivation of marijuana (up to six plants) by adults who are 21 or older. (Learn more)

Also last week, Alaska will become the third state in the country to legalize medical and recreational use. Under their ballot measure, which was passed by voters in November 2014, it will be legal to carry up to one ounce of marijuana and grow up to six plants. Washington state and Colorado have had laws in place legalizing marijuana since 2012, and Oregon passed a similar law via ballot initiative, which goes into effect in July 2015. Additionally, 20 states and Washington, DC have passed laws allowing smoked marijuana to be used for a variety of medical conditions.

As the Office of National Drug Control Policy points out, "it is important to recognize that these state marijuana laws do not change the fact that using marijuana continues to be an offense under Federal law." However, in 2013, Attorney General Eric Holder in response to state marijuana laws said the US Justice Department is "deferring its right to challenge their legalization laws at this time."

Related Bills in Congress

As states take the lead in changing marijuana laws, several bills in Congress have been introduced to regulate marijuana at the federal level:

• Regulate Marijuana Like Alcohol Act (HR 1013)

  —Bipartisan— “Removes marijuana from the schedule set by the Controlled Substances Act; transitions marijuana oversight from the jurisdiction of the Drug Enforcement Agency to the Bureau of Alcohol, Tobacco, Firearms and Explosives; and regulates marijuana like alcohol by inserting into the section of the U.S. Code governing “intoxicating liquors,” according to the bill sponsor.

• Marijuana Tax Revenue Act (HR 1014)

  “Creates a federal excise tax on non-medical marijuana sales and moves this quickly growing industry out of the shadows,” according to the bill sponsor. This bill would also “impose a federal excise tax on the sale of marijuana for non-medical purposes as well as apply an occupational tax for marijuana businesses. The bill would establish civil and criminal penalties for those who fail to comply, like those in place for the tobacco industry. The bill also requires the IRS to produce periodic studies of the marijuana industry and to issue recommendations to Congress. It phases in an excise tax on the sale by a producer (generally the grower) to the next stage of production (generally the processor creating the useable product). This tax is initially set at 10% and rises over time to 25% as the legal market displaces the black market. Medical marijuana is exempt from this tax.”

• States' Medical Marijuana Property Rights Protection Act (HR 262)

  Would amend the Controlled Substances Act to exempt from civil forfeiture real property seized because of medical marijuana-related conduct in states where it is legal. “Allows medical marijuana patients and businesses–who are complying with state law–the ability to access and distribute marijuana free from federal interference,” according to the bill sponsor.

• Veterans Equal Access Act (HR 667)

  —Bipartisan— “Would make it easier for qualified veterans to access medical marijuana. Currently, the Department of Veterans Affairs (VA) specifically prohibits its medical providers from completing forms brought by their patients seeking recommendations or opinions regarding a Veteran’s participation in a state medical marijuana program. The Act would authorize VA physicians and other health care providers to provide recommendations and opinions regarding the use of medical marijuana to veterans who live in medical marijuana states,” according to the bill sponsor.

Also in the House…

The House is expected to vote on these bills this week:

• Long-Term Care Veteran Choice Act (HR 294)

  To authorize the Secretary of Veterans Affairs to enter into contracts and agreements for the transfer of veterans to non-Department medical foster homes for certain veterans who are unable to live independently.

• Recouping VA Bonuses (HR 280)

  —Bipartisan— To authorize the Secretary of Veterans Affairs to recoup bonuses and awards paid to employees of the Department of Veterans Affairs.

• Passenger Rail Reform and Investment Act (PRRIA) (HR 749)

  —Bipartisan— “Reforms Amtrak to increase transparency, reduce costs, and operate more like a business: Authorizes Amtrak at fiscally responsible, recently appropriated funding levels; Eliminates Amtrak’s losses in food and beverage service; Mandates Amtrak carry out a business case analysis for all major procurements; Eliminates Amtrak’s opaque accounting and requires transparent bookkeeping,” according to the House Transportation and Infrastructure Committee. 

• EPA Science Advisory Board Reform Act (HR 1029)

  —Bipartisan— Amends federal law relating to the Scientific Advisory Board to 1) establish qualifications for members; 2) reinforces independence of the Board; 3) facilitate public participation in the Board’s advisory activities; and 4) limit the advice given by the Board to scientific determinations, rather than policy direction.

• Secret Science Reform Act (HR 1030)

  To prohibit the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible.

— Please keep in mind that highlighting a bill doesn't imply a POPVOX endorsement in any way. Rather, we're simply trying to offer one more way to stay informed of a complex legislative system. —