The Week Ahead in Congress: April 20 – 24

6 min read

From Our Hill Sources: Congress has a busy week ahead. They will consider Trade Promotion Authority legislation, which would "fast track" trade deals. The Senate will vote on a bill requiring Congressional review of any final nuclear agreement with Iran. And the House will consider cybersecurity legislation that would enable companies to share information with each other and the federal government.

Trade Agreements

Last week, Senate Finance Committee Chairman Orrin Hatch (R-UT), Ranking Member Ron Wyden (D-OR) and House Ways and Means Chairman Paul Ryan (R-WI) introduced bipartisan Trade Promotion Authority (TPA) legislation in the House and Senate to establish “concrete rules for international trade negotiations to help the United States deliver strong, high-standard trade agreements that will boost American exports and create new economic opportunities and better jobs for American workers, manufacturers, farmers, ranchers and entrepreneurs.” TPA expired in 2007.

From our Hill Sources: “Trade promotion authority”, or TPA, would allow the White House to make new trade deals with Asian and European nations, and have them considered by Congress in an expedited process with an 'up-or-down' vote. However, under these rules, the deals would not be amended or obstructed, and they get a simple up-or-down vote. This authority would make it easier for the Administration to negotiate trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP) with the European Union and the Trans-Pacific Partnership (TPP) with Asian nations.

Currently, the United States has trade agreements in place covering about 10 percent of world trade. According to data from the World Bank, together TTIP and TPP would further open markets encompassing nearly 1.3 billion customers and approximately 60 percent of global gross domestic product.

Bipartisan Congressional Trade Priorities and Accountability Act (“Trade Promotion Authority” or TPA-2015) (S 995 and in the House, HR 1890)

Sponsor: Sen. Orrin Hatch (R-UT) “Outlines 21st century congressional negotiating objectives that any administration – Republican or Democratic – must follow when entering into and conducting trade talks with foreign countries while also increasing transparency by requiring that Congress have access to important information surrounding pending trade deals and that the public receive detailed updates and see the full details of trade agreements well before they are signed. When the trade agreement meets the United States’ objectives and Congress is sufficiently consulted, the legislation allows for trade deals to be submitted to Congress for an up-or-down vote, an incentive for negotiating nations to put their best offer forward for any deal. At the same time, the bill creates a new mechanism to withdraw TPA procedures and hold the administration accountable should it fail to meet the requirements of TPA,” according to the bill sponsors. (Read bill text)

From our Hill Sources: The House Committee on Ways and Means will hold a hearing on "expanding American trade with accountability and transparency" on Wednesday, April 22, 2015.

Cybersecurity

The House will vote on bills related to cybersecurity:

Protecting Cyber Networks Act (HR 1560)

Sponsor: Rep. Devin Nunes (R-CA) —Bipartisan— “Enables private companies to share cyber threat indicators with each other and, on a purely voluntary basis, with the federal government but not through the NSA or the Department of Defense, all while providing strong protections for privacy and civil liberties. At the same time, the bill makes clear that defense contractors can continue to share cyber threat information with the Department of Defense when required to do so by another law, regulation, or contract,” according to the House Intelligence Committee.

The bill also protects privacy by prohibiting the government from forcing private sector entities to provide information to the government and requires companies to remove personal information before they share cyber threat indicators with the government, according to the Committee. (Read bill text)

National Cybersecurity Protection Advancement Act (HR 1731)

Sponsor: Rep. Michael McCaul (R-TX) “This pro-privacy, pro-security bill ensures the sharing of cyber threats is transparent and timely. It strengthens the NCCIC’s (National Cybersecurity and Communications Integration Center) role as the lead civilian interface for the sharing of cybersecurity risks and incidents by providing liability protections for the voluntary sharing of cyber threat indicators and defensive measures with the NCCIC or private-to-private” and “granting liability protections for private companies to conduct network awareness of their own information systems,” according to the House Homeland Security Committee

According to the Committee, “in the current environment, companies do not feel they have adequate legal protections to share cyber threat indicators with the NCCIC. Industry needs a “safe harbor” where legal barriers are removed, appropriate privacy protections are in place, and companies are incentivized to be a full NCCIC participant.” (Read bill text)

Iran Nuclear Agreement Review

Last week, the Senate Foreign Relations Committee unanimously passed a bill requiring Congressional review of any final nuclear agreement with Iran. It may be considered by the full Senate this week:

Iran Nuclear Agreement Review Act (S 615)

Sponsor: Sen. Bob Corker (R-TN) —Bipartisan— According to the bill sponsor: within five days of concluding a comprehensive agreement with Iran, the President must submit to Congress (1) the text of the agreement and all related materials, (2) a verification assessment on Iranian compliance, and (3) a certification that the agreement meets US non-proliferation objectives and does not jeopardize US national security, including not allowing Iran to pursue nuclear-related military activities. The president is prohibited from suspending, waiving or otherwise reducing congressional sanctions for up to 52 days after submitting the agreement to Congress. Following an initial review period of 30 days, the legislation includes an additional 12 if Congress passes a bill and sends it to the president. If the president vetoes the legislation, Congress would have an additional 10 days to override a veto. After the congressional review period, the president would be required to provide an assessment to Congress every 90 days on Iran’s compliance with the agreement. (Read bill text)

From our Hill Sources: Senator Corker (R-TN), the bill sponsor, was one of seven Republican Senators who did not sign a controversial letter to Iran’s leaders warning that Congress could invalidate any nuclear agreement. And last week, President Obama telephoned Senator Corker “to talk to him about the commitments that Iran had made,” according to White House Press Secretary Josh Earnest. “The President said to him what he has said publicly, which is that he certainly has a lot of respect for the way that Chairman Corker has approached the situation; they have obvious differences. But the President made the case to him once again that the President believes that this principled approach to diplomacy is the best way for us to prevent Iran from obtaining a nuclear weapon. The conversation was not an opportunity for the two men to negotiate the terms of any sort of legislation, but rather just an opportunity for the President to speak directly to the chairman to underscore his view about the opportunity that now exists.” 

Human Trafficking Legislation

The Senate may also pick up its work on a bill to combat human trafficking, which stalled last month.

Justice for Victims of Trafficking Act (S 178)

Sponsor: Sen. John Cornyn (R-TX) —Bipartisan— “Would empower law enforcement to further crack down on human traffickers in communities across the country while bringing about greater restitution and justice for victims. In addition to law enforcement provisions, the Justice for Victims of Trafficking Act helps victims rebuild their lives by using fines and penalties against perpetrators to improve the availability of restitution and witness assistance funds,” according to bill sponsors. (Bill text)

From our Hill Sources: The bipartisan bill, which was expected to pass without issue, hit a snag when Democrats noticed that it contained a provision extending the "Hyde Amendment" prohibition on using federal taxpayer funds for abortion-related services to the Domestic Trafficking Victims’ Fund created by the bill. This would be a departure from past Hyde Amendment practice because fines imposed on traffickers, not federal taxes, finance the fund. While the Hyde amendment language was included in the bill that passed the Judiciary Committee in a bipartisan vote, Democrats said that it was not listed in the summary of changes they were provided and it went unnoticed.

Senate Majority Leader Mitch McConnell (R-KY) has indicated that a vote on Attorney General nominee, Loretta Lynch's, confirmation will not move forward until work on the human trafficking bill is completed. President Obama had nominated Lynch, a federal prosecutor, in November, and the Senate Judiciary Committee approved her nomination in February.

Also in the House…

The House will also vote on the following bills:

Bureau of Consumer Financial Protection Advisory Boards Act (HR 1195)

Sponsor: Rep. Robert Pittenger (R-NC) —Bipartisan— To direct the Director of the Consumer Financial Protection Bureau (CFPB) to establish a Small Business Advisory Board to: (1) advise and consult with the CFPB in the exercise of its functions under the federal consumer financial laws regarding eligible financial products or services, and (2) provide information on evolving small business practices.

Ensuring Patient Access and Effective Drug Enforcement Act (HR 471)

Sponsor: Rep. Tom Marino (R-PA) —Bipartisan— “A critical and comprehensive approach to preventing prescription drug abuse by creating more collaboration between the Drug Enforcement Agency (DEA), drug distributors and pharmacies while maintaining patient access to important drugs. The bill directs the Department of Health and Human Services (HHS), the Office of National Drug Control Policy (ONDCP) and the DEA to collaborate on the improvement of access and enforcement,” according to the bill sponsors

Energy Efficiency Improvement Act (S 535)

Sponsor: Sen. Robert Portman (R-OH) —Bipartisan— “Contains key energy efficiency provisions that will strengthen the economy and reduce pollution,” according to the bill sponsors. Establishes a voluntary, market-driven approach to aligning the interests of commercial building owners and their tenants to reduce energy consumption; exempts certain electric resistance water heaters used for demand response from pending Department of Energy regulation; requires federal agencies to coordinate with OMB, DOE, and EPA to develop an implementation strategy; and requires that federally-leased buildings without Energy Star labels benchmark and disclose their energy usage data, where practical. —Passed by the Senate on 3/27/2015. —

Authorizing the use of the Capitol Grounds (HConRes 21)

Sponsor: Rep. Steny Hoyer (D-MD) —Bipartisan— Authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby.

Authorizing the use of the Capitol Grounds (HConRes 25)

Sponsor: Rep. Lou Barletta (R-PA) —Bipartisan— Authorizing the use of the Capitol Grounds for the National Peace Officers Memorial Service and the National Honor Guard and Pipe Band Exhibition.


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