From our Hill Sources: Welcome to August! The House left on Wednesday for recess, and the Senate will continue working through the week on defunding Planned Parenthood and cybersecurity legislation. The clock is ticking on Congress’s 60-day review of the Iran Nuclear Deal. While the Senate passed a reauthorization of the Ex-Im Bank, the House has yet to vote and the Bank’s funding runs out Sept. 30.
Thursday’s GOP Debates: The POPVOX team will be tweeting about bills mentioned during Thursday’s Presidential debates featuring Republican candidates. Join the conversation on Twitter at @POPVOX for both the 5pm and the 9pm debates!
Reauthorizing the Ex-Im Bank
Last week, the Senate voted 64-29 on an amendment reauthorizing the Export-Import Bank’s charter attached to their long-term highway bill. The amendment, from Sen. Mark Kirk (R-IL), reauthorizes the bank's charter through the fall of 2019.
The Export-Import Bank’s charter expired on July 1—for the first time in its 81-year history. While the bank cannot currently make new loans, it continues to service outstanding loans and guarantees. However, its funding runs out at the end of FY 2015, Sept. 30, without Congressional action.
From our Hill Sources: While the Senate passed a reauthorization of the Ex-Im Bank as part of its long-term highway bill, it was not included in the short-term highway bill. Last week, the House voted against a procedural motion that would have forced a vote on legislation to extend the Bank’s charter through 2019.
The amendment passed by the Senate and the House proposal, which failed to be considered, is identical to a bill that was introduced in March:
Export-Import Bank Reform and Reauthorization Act (S 819)
Sponsor: Sen. Mark Kirk (R-IL) —Bipartisan— Would reauthorize the Bank’s charter until September 30, 2019 and implement several reforms, including: Reduce risk to taxpayers by requiring higher loan loss reserves; Put greater focus on small businesses by increasing the required lending to small businesses from 20 percent to 25 percent; and increase oversight of Ex-Im Bank practices by: Creating a Chief Risk Officer and a Risk Management Committee to oversee the Bank's operations; Requiring the Inspector General to regularly audit the Bank’s risk management procedures; and Creating a non-political Chief Ethics Officer to oversee ethics practices of Bank employees. (Source: bill sponsors)
From our Hill Sources: Rep. Stephen Fincher (R-TN), sponsor of a House bill to reauthorize the Ex-Im Bank, is pushing for a vote on his bill when Congress returns from recess in September:
Reform Exports and Expand the American Economy Act (HR 597)
Sponsor: Rep. Stephen Fincher (R-TN)—Bipartisan— Would reauthorize the Export-Import Bank through 2019. “Includes 31 meaningful reforms to the Ex-Im Bank that will enhance transparency, improve accountability, and reduce risk, while preserving an important entity that supports American jobs,” according to the bill sponsor. “Reforming and reauthorizing the Ex-Im Bank will not only allow American companies to break into emerging markets but it will keep jobs here at home.” (Read bill text)
Defunding Planned Parenthood
Last week, Senate Majority Leader Mitch McConnell has said he will “fast track” legislation to eliminate federal funding of Planned Parenthood. As Senator McConnell explained:
As Senate Majority Leader, I asked a group of Republican senators, including Iowa Sen. Joni Ernst and Kentucky’s own Rand Paul, to draft legislation to protect women’s health services by redirecting Planned Parenthood’s federal funds to other women’s health organizations that we know are focused exclusively on helping women.
Prohibiting federal funding of Planned Parenthood (S 1881)
Sponsor: Sen. Joni Ernst (R-IA) “In addition to defunding Planned Parenthood, this legislation ensures the preservation of Federal funding for women’s health services including relevant diagnostic laboratory and radiology services, well-child care, prenatal and postpartum care, immunization, family planning services including contraception, sexually transmitted disease testing, cervical and breast cancer screenings, and referrals,” according to the bill sponsors. “Funds no longer available to Planned Parenthood will continue to be offered to other eligible entities to provide such women’s health care services.” (Read bill text)
From our Hill Sources: Under the Hyde Amendment, Planned Parenthood is banned from using federal funding for abortion services.
Members of Congress are feeling a sense of urgency to vote on a bill prohibiting federal funding of Planned Parenthood after video released by the Center for Medical Progress that reportedly described Planned Parenthood’s role in the harvesting of fetal tissue. Senator Chuck Grassley (R-IA), Chairman of the Senate Judiciary Committee, is making inquiries to Planned Parenthood and the US Attorney General. (Read the letters.)
18 House Republicans are pledging to oppose any measure to fund the government if it continues to fund Planned Parenthood.
In a letter to House leadership, 18 Republican Representatives pledged that they “cannot and will not support any funding resolution—an appropriations bill, an omnibus package, a continuing resolution, or otherwise—that contains any funding for Planned Parenthood, including mandatory funding streams.” Their pledge has raised concerns about a possible government shutdown as the fiscal year ends on September 31. The letter was signed by Reps. Mick Mulvaney (R-SC), Jim Jordan (R-OH), John Fleming (R-LA), Raul Labrador (R-ID), Matt Salmon (R-AZ) Tim Huelskamp (R-KS), Jeff Duncan (R-SC) Thomas Massie (R-KY), Trey Gowdy (R-SC), Walter Jones (R-NC), Curt Clawson (R-FL), Jim Bridenstine (R-OK), Keith Rothfus (R-PA), Randy Weber (R-TX), Scott Perry (R-NJ), Steven Pearce (R-NM), Trent Franks (R-AZ) and Louie Gohmert (R-TX).
A bill prohibiting federal funding of Planned Parenthood has been introduced in the House, but has yet to receive a vote:
Defund Planned Parenthood Act (HR 3134)
Sponsor: Rep. Diane Black (R-TN) “Would place an immediate moratorium on all federal funding of Planned Parenthood for the span of one year while Congress conducts a full investigation into the organization’s activities,” according to the bill sponsor. (Read bill text)
Last week, Senator Rand Paul (R-KY) introduced a bill prohibiting federal funding of Planned Parenthood, but it did not redirect those funds to other women’s health programs:
Prohibiting federal funding of Planned Parenthood (S 1861)
Sponsor: Sen. Rand Paul (R-KY) “Would eliminate nearly $500 million of taxpayer funding each year to Planned Parenthood,” according to the bill sponsor. (Read bill text)
Cybersecurity Vote
Senate Majority Leader Mitch McConnell (R-KY) wants to pass a cybersecurity bill before the Senate leaves for August recess.
Cybersecurity Information Sharing Act (CISA) (S 754)
Sponsor: Sen. Richard Burr (R-NC) “Creates additional incentives to increase sharing of cybersecurity threat information while protecting individual privacy and civil liberties interests and offering liability protection to the private sector,” according to the bill sponsor. (Read bill text)
“This legislation protects the privacy rights of Americans while also minimizing our vulnerability to cyber-attacks. Information sharing is purely voluntary and companies can only share cyber-threat information and the government may only use shared data for cybersecurity purposes. This legislation provides important liability protection for entities that share cyber threat information as provided in the bill. It further requires that both private and government entities remove personal information prior to sharing. These are protocols which will help minimize the threat to the United States and also ensure that our citizens are less likely to experience the same scale of attacks as we’ve seen in the Sony and Anthem attacks.”
From our Hill Sources: In order to secure bipartisan support, this bill includes a number of significant modifications from previous versions—addressing concerns raised by privacy advocates. And, in March, CISA passed out of the Senate Intelligence Committee with nearly unanimous support. Both may indicate a quick vote for the Senate. However, Senators from both parties are pushing to add amendments to the bill, which may lengthen the process, or force the Senate leadership to start making deals.
Related Bills
Another cybersecurity bill introduced last week by the Chairman and Ranking Member of the Senate Homeland Security Committee, Senators Ron Johnson (R-WI) and Thomas Carper (D-DE), may also be offered as an amendment to CISA. The bill would require agencies to hone their cybersecurity practices and accelerate the deployment of EINSTEIN, a cyberdefense system:
Federal Cybersecurity Enhancement Act (S 1869)
Sponsor: Sen. Tom Carper (D-DE) “Would mandate the deployment of cybersecurity best practices at agencies — measures such as intrusion assessments, strong authentication, encryption of sensitive data and appropriate access controls. The bill would also authorize EINSTEIN, an intrusion detection and prevention system intended to screen federal agencies’ Internet traffic for potential cyber threats. Despite being 10 years in the making, the capability is not available to all agencies, and more than half of federal agencies have yet to deploy the full EINSTEIN system. Currently only 45 percent of federal agencies are using the program’s intrusion prevention capabilities. This bill would dramatically accelerate deployment and adoption of EINSTEIN, and it includes reporting requirements to increase program accountability,” according to the bill sponsor. (Read bill text)
A similar companion bill was introduced in the House, which mirrors major portions of the Senate’s Federal Cybersecurity Enhancement Act:
EINSTEIN Act (HR 3305)
Sponsor: Rep. Will Hurd (R-TX) “Would authorize the Department of Homeland Security to deploy the EINSTEIN 3A program, which is an advanced tool that the US government can use to respond to and mitigate cyber threats. EINSTEIN 3A (E3A) provides a perimeter defense snapshot and uses classified information to act as a first line of defense against cyber espionage,” according to the bill sponsor. “E3A Authorization will assist DHS and all federal and civilian agencies in deploying the program, while removing legal uncertainty for private sector entities and ensuring that civilian privacy is not compromised.” (Read bill text)
From our Hill Sources: Representative Will Hurd served as an undercover CIA officer for almost a decade.
Congressional Review of the Iran Nuclear Deal
Last month, the United States along with France, Germany, the United Kingdom, Russia, and China signed a deal with Iran to substantially limit Iran’s nuclear program in exchange for the removal of international sanctions. On July 19, the State Department officially transmitted the agreement to Congress—triggering the 60-day Congressional review period set by legislation passed by Congress in May. During this review period, Congress must vote on a joint resolution of approval or disapproval (or opt to do nothing). The 60-day review period expires on Sept. 17, 2015.
About the Deal
Under the new nuclear deal, “Iran has committed to extraordinary and robust monitoring, verification, and inspection,” according to the White House. “International inspectors from the International Atomic Energy Agency (IAEA) will not only be continuously monitoring every element of Iran’s declared nuclear program, but they will also be verifying that no fissile material is covertly carted off to a secret location to build a bomb. And if IAEA inspectors become aware of a suspicious location, Iran has agreed to implement the Additional Protocol to their IAEA Safeguards Agreement, which will allow inspectors to access and inspect any site they deem suspicious. Such suspicions can be triggered by holes in the ground that could be uranium mines, intelligence reports, unexplained purchases, or isotope alarms.” (Learn more.)
From our Hill Sources: According to legislation passed by Congress and signed by the President in May, Congress must now review the deal—and decide whether to pass a resolution to disapprove the agreement. The entire process could take up to 82 days, and during that time, the President cannot lift sanctions on Iran until the review and voting period is over. The law also requires the Administration to provide detailed reports to Congress every 90 days to ensure that Iran is complying with the nuclear agreement.
Learn more about how the process works in our Iran Nuclear Deal Issue Spotlight
(Graphic from the White House.)
Resolution Disapproving the Deal
Congressman Peter Roskam (R-IL), Chair of the House Republican Israel Caucus, introduced legislation expressing the sense of the House of Representatives in disapproval of the agreement between the P5+1 and Iran. The resolution is “intended to build support for an expected vote on a formal joint resolution of disapproval in September.”
Resolution Disapproving the Iran Nuclear Agreement (HRes 367)
Sponsor: Rep. Peter Roskam (R-IL) “Sets the stage for the 60-day lead up to a vote on this agreement by allowing Members to express their disapproval of the accord. The unprecedented outpouring of support for this resolution proves that Congress will not rubber-stamp a deal that severely threatens the United States and our allies by paving Iran's path to a bomb.”
“This agreement fails on every level to ensure Iran never acquires a nuclear weapons capability. Tehran is allowed to keep much of its nuclear infrastructure intact and rewarded an $150 billion cash infusion from sanctions relief. The so-called ‘anytime, anywhere’ inspections regime in reality provides Iran nearly a month's notice on inspections. And, in an unprecedented last-minute concession, the U.N. arms embargo and ban on ballistic missiles will be lifted in just a few short years. This is a bad deal, and it must be stopped,” according to the sponsor. (Read resolution text)
Related Bills
Authorizing military force against Iran if it violates the terms of the nuclear deal (HJRes 62)
Sponsor: Rep. John Larson (D-CT) To authorize the use of the Armed Forces of the United States against Iran if Iran commits a serious violation of its commitments or obligations under the Joint Comprehensive Plan of Action. The authority granted to use military force against Iran would sunset after a year. (Read resolution text)
According to HJRes 62: “If, at any time, the President determines that Iran’s nuclear program becomes noncompliant under the Joint Comprehensive Plan of Action agreement and poses a threat to the national security of the United States, then the President should work with Congress to utilize appropriate measures, not limited to military intervention, to eliminate such threat.”
From our Hill Sources: The authority to use military action against Iran would only be allowed if the President certifies to Congress that International Atomic Energy Agency inspectors have determined Iran has failed to comply with its obligations under the deal in a way that threatens US security; sanctions have been re-imposed against Iran; and if the president provides Congress with a concrete strategy to use armed forces.
Clarifying Congressional Review Period for Iran Nuclear Deal (SRes 238)
Sponsor: Sen. Ted Cruz (R-TX) “Defining the start of Congress’ 60-day review period and detailing flaws within the submittal of the agreement,” according to the bill sponsor. “The Iran Nuclear Agreement Review Act of 2015 mandates that the 60-day congressional review period cannot begin until the nuclear agreement with Iran, and all related materials outlined in the Act, are transmitted to Congress. President Obama has failed to provide separate side agreements and federal guidance materials to Congress, so the review period cannot have begun without the majority leader’s consent.” (Read resolution text)
Prohibiting Assistance to Nuclear Iran Act (HR 3273)
Sponsor: Rep. Scott Garrett (R-NJ) “To ensure that no US funds or resources would ever be used to help and defend Iran’s nuclear program,” according to the bill sponsor. “Would prohibit US assistance to Iran to develop, use, or protect their nuclear technology as requested in the nuclear agreement President Obama delivered to Congress earlier this month.” (Read bill text)
Rep. Dana Rohrabacher (R-CA) this week introduced legislation authorizing President Obama “to detain non-diplomatic Iranian government officials until three, possibly four, Americans currently held hostage in Iran are released”:
Authorizes President to Detain Iranian Officials (HR 3259)
Sponsor: Rep. Dana Rohrabacher (R-CA) “Three Americans – Jason Rezaian, Saced Abedini, and Amir Hekmati – are currently being held as prisoners of the Iranian government. A fourth, Robert Levinson, is reportedly missing in Iran. The administration’s negotiating team, led by Secretary of State John Kerry, did not include release of the American hostages as part of the deal,” according to the bill sponsor. (Read bill text)
Another bill was introduced last week that touched on the nuclear agreement. The bill would establish a fund to make payments to the Americans held hostage in Iran in 1979. According to the sponsor: “Whether it is the Carter Administration refusing to secure just compensation for the hostages then, or the Obama Administration refusing to secure the release of US hostages in the Iran Nuclear agreement now, these victims must not bear the burden for these poorly negotiated deals: they deserve better.”
Justice for Former American Hostages in Iran Act (HR 3338)
Sponsor: Rep. Sean Duffy (R-WI) “Seeks just compensation for hostages held during 1979 invasion of the U.S. embassy in Tehran in which dozens of Americans were held hostage for 444 days,” according to the bill sponsor. “Would allocate fines and penalties generated by the violation of U.S. sanctions against Iran, as well as other potential assets, to justly compensate the former hostages and their families.” (Read bill text)
Highway Funding Bill
Last week, the Senate was forced to pass a three-month highway funding extension in addition to their longer term six-year funding bill. The House would not consider a long-term bill, and instead passed a three-month bill before leaving for August recess. With the Highway Trust Fund authorization set to expire on July 31 and both the Highway Account and the Mass Transit Account nearing insolvency, the Senate passed a short-term extension along with their long-term six-year highway funding bill. The three-month extension—the 34th short-term extension that Congress has passed since 2009—was signed by the President on Friday.
In the meantime, House Democrats have proposed a long-term funding bill funded in part by cracking down on corporate tax inversions:
GROW AMERICA Act (HR 3064)
Sponsor: Rep. Chris Van Hollen (D-MD) “Would provide six years of expanded transportation funding, and crack down on corporate tax inversions to help pay for that investment,” according to the bill sponsors. “The bill would authorize President Obama’s six-year transportation plan, providing $478 billion over that period to rebuild America’s infrastructure—a major increase over current levels that would add nearly 2 million jobs to our economy. It includes a significant down payment on that investment by tightening restrictions on corporate tax inversions, limiting the ability of American companies to avoid US taxation by moving their mailing address overseas. This raises $41 billion and, combined with existing highway trust fund revenues, would pay for the first two years of this legislation.”
From our Hill Sources: The Senate plans to use their bipartisan six-year highway funding bill, which passed by a 65-34 vote, during negotiations with the House after recess in hopes of a longer-term funding bill. Without long-term funding, states cannot plan and construct road and bridge projects.
— 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. —
