This week, Congress will vote on a range of issues, including:
- Extending warrant requirement for law enforcement access to emails greater than six months old
- New homeland and aviation security provisions
- Disapproving the new Fiduciary Rule, lowering barriers for companies pitching angel investors
- Protections for U.S. Manufacturing and intellectual property
- Energy and Water spending bill in the Senate, conservation measures in the House
- Government operations bills
- Reauthorization of a DC school voucher program
Extending warrant requirement to older emails
A 1986 law, the Electronic Communications Privacy Act, allows law enforcement to access emails older than six months without a warrant, treating them as "abandoned." This week, the House will vote on an update to that law from Rep. Kevin Yoder [R, KS-3] and Rep. Jared Polis [D, CO-2] to remove the six-month distinction.
H.R. 699 The Email Privacy Act
"When ECPA was written, the internet as we understand it did not exist… only 340,000 Americans even subscribed to cell phone service. Mark Zuckerberg was only two years old. But as our society and technology has evolved, our digital privacy laws remain stuck in 1986. With our bill now receiving the distinction of the most-cosponsored bill yet to be considered by the House, the time has arrived to fix that.” – Statement from sponsor
"More than 300 House members have signed on as co-sponsors of the bill, making it the most popular piece of legislation that has not yet received a vote in the House." (USAToday) In response to a WeThePeople petition from 2013, the White House indicated support for updating the law.
Homeland and Aviation Security
H.R. 4698: Securing Aviation from Foreign Entry Points and Guarding Airports Through Enhanced Security Act
Sponsor: Rep. John Katko [R, NY-24]
The bill directs the Transportation Security Administration (TSA) to conduct a comprehensive security risk assessment of all airports with nonstop flights to the United States. It authorizes the TSA to enhance collaboration, coordination, and information-sharing about international-inbound aviation and calls for an agreement allowing TSA inspection of foreign airports without prior notice.
H.R. 4240: No Fly for Foreign Fighters Act
Sponsor: Rep. Sheila Jackson-Lee [D, TX-18]
The bill calls for a GAO study on the operation and administration of the Terrorist Screening Database (commonly referred to as the Terrorist Watchlist) to weigh whether weaknesses and vulnerabilities that have been identified in the database have been corrected.
H.R. 4820: Combating Terrorist Recruitment Act
Sponsor: Rep. Charles Fleischmann [R, TN-3]
The bill would require the Secretary of Homeland Security to use the testimonials of former or estranged violent extremists or their associates in order to counter terrorist recruitment
H.R. 3583: The Promoting Resilience and Efficiency in Preparing for Attacks and Responding to Emergencies (PREPARE) Act
Sponsor: Rep. Martha McSally [R, AZ-2]
The bill calls for coordination among emergency response and preparedness agencies and authorizes $901 million over the 2016-2020 period for several programs administered by the Federal Emergency Management Agency (FEMA):
- $110 million annually for Operation Stonegarden, grants to state, local, and tribal law enforcement agencies to enhance border security;
- $163 million annually for the National Domestic Preparedness Consortium for training to state, local, and tribal emergency responders; and
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$5 million annually for the Rural Domestic Preparedness Consolidation program to
provide training for rural emergency responders.
H.R. 3583 also would direct DHS to provide anthrax vaccines from the Strategic National Stockpile to first responders who volunteer to receive them. The bill would direct DHS to provide
educational outreach for the program and to establish a pilot program in at least two states to begin providing the vaccine. (Source: CBO)
Invalidating the "Fiduciary Rule," a private right of action for stolen trade secrets, removing limits on pitching non-accredited investors
The House will vote this week to override the new Department of Labor “Fiduciary Rule" unveiled last month. The rule requires brokers to act in the “best interest” of their clients when handling retirement accounts. This rule is meant to protect workers from conflicting investment advice and improve disclosures. Opponents of the rule say that it would discourage financial firms from serving low-income clients.
H.J.Res. 88 Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary"
Sponsor: Rep. David Roe [R, TN-1]
The resolution would invalidate the rule under Congressional Review Act (CRA), which gives Congress sixty session days to overturn a rule issued by the Executive branch. (Source: CRS)
H.R. 4498: Helping Angels Lead Our Startups (HALOS) Act
Sponsor: Rep. Steve Chabot [R, OH-1]
The bill would establish a definition of an angel investor for securities law purposes, and clarify the definition of “general solicitation" in the context of startup pitch events.
H.R. 4096: Investor Clarity and Bank Parity Act
Sponsor: Rep. Michael Capuano [D, MA-7]
The bill permits a hedge fund or private equity fund to share the same name, or a variation of the same name, as a banking entity that is an investment advisor to the fund.
H.R. 5019: To direct the Securities and Exchange Commission to provide a safe harbor related to certain investment fund research reports
Sponsor: Rep. French Hill [R, AR-2]
The bill provides a safe harbor for research reports that cover Exchange Traded Funds (ETFs) so that the reports would not be considered “offers” under the Securities Act of 1933.
Bills related to American Manufacturing and IP
H.R. 4923: American Manufacturing Competitiveness Act of 2016
Sponsor: Rep. Kevin Brady [R, TX-8]
To establish a process for the submission and consideration of petitions for temporary duty suspensions and reductions.
S. 1890 Defend Trade Secrets Act of 2016
Sponsor: Sen. Orrin Hatch [R, UT]
To create a private civil cause of action for trade secret misappropriation.
Energy and Water Appropriations
H.R. 2028: Energy and Water Development and Related Agencies Appropriations Act
Sponsor: Rep. Michael Simpson [R, ID-2]
The Senate continues work on its first appropriations bill of the year. The Energy and Water spending bill includes total spending of $37.5 billion:
- Department of Energy – $30.7 billion
- Nuclear Security – $12.9 billion for DOE nuclear security programs, including Weapons Activities, Naval Reactors, and Defense Nuclear Nonproliferation.
- Science Research – $5.4 billion for science research to support basic energy research, development of high-performance computing systems, and research into the next generation of clean energy sources.
- Environmental Cleanup – $6.4 billion for DOE environmental management activities
- Solving the Nuclear Waste Stalemate – Pilot program for consolidated nuclear waste storage
- Energy Programs – $11.2 billion; the bill prioritizes and increases funding for energy programs that encourage U.S. economic competitiveness and that will advance “all-of-the-above” solution to U.S. energy independence.
- Fossil Energy Research and Development – $632 million for technologies to advance coal, natural gas, oil, and other fossil energy resources.
- International Thermonuclear Experimental Reactor (ITER) – The bill eliminates funding for ITER, which is under construction in France, saving $125 million.
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Army Corps of Engineers – $6 billion
- Harbor Maintenance Trust Fund for the Corps of Engineers.
- Revenues from the Inland Waterways Trust Fund to advance American competitiveness and export capabilities
- Funds for construction of river and harbor, flood storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law.
- Bureau of Reclamation – $1.14 billion to help manage, develop, and protect the water resources of Western states.
- Other policy items: The bill prohibits changes to the definition of “fill material” and “discharge of fill material” for the purposes of the Clean Water Act.
Source: Senate Committee on Appropriations
Conservation Bills in the House
H.R. 223: Great Lakes Restoration Initiative Act
Sponsor: Rep. David Joyce [R, OH-14]
A bill to authorize the Environmental Protection Agency's Great Lakes Restoration Initiative for FY2016-FY2020.
House Amendment to
S. 1523: To amend the Federal Water Pollution Control Act to reauthorize the National Estuary Program
Sponsor: Sen. Sheldon Whitehouse [D, RI]
The bill requires the EPA to make competitive awards to address urgent and challenging issues that threaten the economic and ecological well-being of coastal areas.
H.R. 1684: Foreign Spill Protection Act
Sponsor: Rep. Carlos Curbelo [R, FL-26]
A bill to impose penalties and provide for the recovery of removal costs and damages in connection with certain discharges of oil from foreign offshore units,
H.R. 2908: National Bison Legacy Act
Sponsor: Rep. Wm. Lacy Clay [D, MO-1]
To adopt the North American bison as the national mammal of the United States.
Concur in the Senate Amendment to
H.R. 1493: Protect and Preserve Cultural Property Act
Sponsor: Rep. Eliot Engel [D, NY-16]
A bill to prevent objects stolen or looted from Syria from being imported or sold in the U.S. It would also creates a new position within the State Department to coordinate U.S efforts to protect international cultural property.
Government Operations & Miscellaneous Bills
H.R. 2615: Virgin Islands of the United States Centennial Commission Act
Sponsor: Rep. Stacey Plaskett [D, VI]
Establishes the Virgin Islands of the United States Centennial Commission to carry out activities to commemorate the 100th anniversary of the date the U.S. Virgin Islands became an unincorporated U.S. territory.
H.R. 4359: Administrative Leave Reform Act
Sponsor: Rep. Jason Chaffetz [R, UT-3]
A bill to prohibit placing a federal employee on administrative leave, or any other paid non-duty status for reasons relating to misconduct or performance.
H.R. 4360: Official Personnel File Enhancement Act
Sponsor: Rep. Jason Chaffetz [R, UT-3]
This bill requires that a permanent notation be made in the official personnel record file of a federal employee who is the subject of a personnel investigation for misconduct or poor performance and resigns prior to the resolution of such investigation.
H.R. 2901: Flood Insurance Market Parity and Modernization Act
Sponsor: Rep. Dennis Ross [R, FL-15]
Clarifies the definition of acceptable private flood insurance. Extends the National Flood Insurance Program (NFIP) to Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.
H.R. 3030: Baudette Coast Guard Housing Conveyance Act
Sponsor: Rep. Collin Peterson [D, MN-7]
Directing the Coast Guard to convey specified federal land in Baudette, Minnesota, to the city of Baudette.
DC School Vouchers
H.R. 4901: Scholarships for Opportunity and Results Reauthorization Act
Sponsor: Rep. Jason Chaffetz [R, UT-3]
The DC Opportunity Scholarship Program (OSP) provides scholarships to attend private schools—commonly called “vouchers”—for grades K-12 for low-income children in the District of Columbia.
