Capital Intelligence is a legislative and policy update from the Hill.
Capital Intelligence

This Week in Washington
Compiled by Van Scoyoc Associates, Inc.
September 11, 2015

Top Story of the Week

Congress Considers Iran Nuclear Deal
Both the House and the Senate began debate this week on the resolution of disapproval of the Iran Nuclear Deal, the Joint Comprehensive Plan of Action.  Under the Iran Nuclear Review Act of 2015 (P.L. 114-17), Congress is able to consider a resolution of disapproval that would deny President Obama’s waiving of sanctions against Iran. 
 
The House and Senate approaches to the Iran Nuclear Deal differed, with the House moving three separate measures relating to the agreement.  First, the House debated the issue of secret side inspection agreements negotiated between Iran and the International Atomic Energy Agency (IAEA) governing inspections of the country’s Parchin military complex.  The secret side agreements have never been shared with Congress, and have only described in general terms to Members by Obama Administration officials.  In light of this matter, the House adopted, on a vote of 245-186, a measure (H. Res. 411) to declare that the 60-day congressional review of the Iran Nuclear deal cannot begin until all measures relating to the accord have been submitted to Congress for review.  Next, on a vote of 247-186, the House adopted legislation (H.R. 3460) that would prohibit the President from lifting sanctions on Iran until a new president is elected in 2017.  Finally, the House overwhelmingly rejected, on a vote of 162-269, a measure (H.R. 3461) to approve the Iran Nuclear Deal. 
 
The Senate failed to invoke cloture on the motion to proceed to take up H.J. Res. 61, the resolution of disapproval, on Thursday, September 10, as 2 Independents and 40 Democrats filibustered the motion to take up the resolution.  While sympathetic with House arguments on incomplete documentation having been submitted for review and with concerns that Iran has 24 days to delay access to international inspectors, Republican senators exercised their displeasure with the agreement by voting to invoke cloture on the motion to take up the resolution of disapproval.  Majority Leader Mitch McConnell (R-KY) indicates the Senate will vote again next week on a second motion to invoke cloture on taking up the resolution of disapproval. Through an aggressive lobbying campaign, President Obama has reportedly secured enough Senate commitments to prevent an override should he veto this resolution of disapproval.  As a reminder, unlike a treaty, this agreement can be altered under a new administration.   Read moreNewsweek and Washington Post
 
Look Ahead
 
Fed Considers September Rate Rise
Rrecent volatility has fueled uncertainty over the Fed’s timeline for raising interest rates. Until recent months, many investors were confident that the central bank would lift rates this month. Yet comments by Fed officials suggest they are divided over whether to increase rates as early as September given the summer’s market volatility.  The central bank’s policy-making committee will hold a meeting on Sept. 16 and 17.  Read more: USA Today
 

Five Fiscal Deadlines before the End of 2015
 
1.) GOVERNMENT FUNDING, PART ONE: Given the near total opposition from Democrats, Congress struggled to pass spending bills this summer. The fiscal year ends Sept. 30, which means Congress will need to pass some type of short-term spending extension, possibly to December. Deadline: Sept. 30
 
2.) GOVERNMENT FUNDING, PART TWO: If Congress passes the short-term spending measure—through December—Congress still needs to fund the government through the remainder of the fiscal year (September 30, 2016) – via an Omnibus bill (combining individual appropriations bills into one) or a Continuing Resolution (extending current FY15 funding) or a combination of the two.    Deadline: TBD
 
3.) HIGHWAY FUNDING: (See below for more in depth) In July, Congress authorized until late October funding for the Highway Trust Fund.  Initially, lawmakers thought the $8 billion accompanying that authorization would last until December, but the Department of Transportation now says the funds could last until June, 2016. This matters because it could allow for yet another short-term extension of the authorization, even though both parties prefer a multiyear extension.  Deadline: Oct. 29
 
4.) DEBT CEILING: The Treasury Department has used emergency measures to avoid exceeding the federal borrowing limit since mid-March. The CBO stated that those measures could be exhausted by mid-November or early December, after which the Treasury would be out of cash.  It isn’t yet clear how Congress will resolve the latest debt-limit increase, and past episodes have gone down to the wire. In 2011, the U.S. saw market volatility spike and its debt rating downgraded. In 2013, a debt-ceiling extension emerged only after a government shutdown. Deadline: mid-November or early December
 
5.) TAX EXTENDERS: Every year, Congress extends a series of temporary tax provisions that businesses and households have come to rely on. The Senate Finance Committee earlier this year voted to extend dozens of the credits, which will expire on Jan. 1.  Deadline: Dec. 31
 
Keep an Eye On: Lawmakers who support the Export-Import Bank will likely use one or more of these “must-pass” measures to attach a reauthorization of the export-financing agency, whose charter lapsed in July.

Transportation
 
Highway Bill Update
In late July, Congress passed a three-month reauthorization of highway related programs in order to work on a multi-year conference bill.  The Senate has advanced a  six-year surface transportation reauthorization bill, which would fully fund the Highway Trust fund for three years with a 5% increase in infrastructure investment.  Department of Transportation (DOT) Secretary Anthony Foxx said earlier this week “that investment wasn’t enough.”  The Secretary believes the House version, when released, will contain more funding than the Senate version.  He advised Congress to “be aiming for $400 billion over six years.” Momentum for a long-term highway bill reauthorization and appropriations seems to have slowed when DOT announced earlier this week that the trust fund could remain solvent through June, 2016. DOT had previously told lawmakers, that the trust fund would exhaust in December, 2015.  The new report could generate a lack of urgency to forge a new Highway deal.  Senator Tom Carper (D-DE) said “some folks around here, if the deadline is Dec. 24, they’ll wait until Dec. 24.  If the deadline is next June, they’ll wait till next June.” Congress also must consider a plethora of must do legislative items in the remaining months of this year.  These manufactured deadlines coupled with the new DOT report could place further consideration of a long term Highway Bill on the backburner for now. Read More:  The Hill

Defense
 
Fiscal Year 2016 National Defense Authorization Act Conference Deliberations
House and Senate conferees working to reconcile each chamber’s legislation authorizing funding for military programs and activities have resumed talks following the August recess.  Prior to breaking for recess, conference talks ran aground over issues concerning funding for the Department of Defense’s Defense Health Program, the program that provides health care to 9.3 million active-duty troops, retirees and family members.  There is a projected funding shortfall in the program and conferees have not agreed on how best to provide revenue for the program.  Also unresolved are matters concerning revamping military retirement benefits, TRICARE co-pays, and acquisition reform.  On a positive note, conferees have reportedly solved the Basic Allowance for Housing (BAH) matter that had been a point of contention prior to the August recess.    Read more:  Defense Communities
 
In Other News
 
House Judiciary Committee explores commercial drone privacy policies. The Hill 
 
House Education and Workforce Committee holds hearing “Preventing and Responding to Sexual Assault on College Campuses” Press Release
 
House Subcommittee votes to lift oil export ban. The Hill
 
Foes and advocates testify about Obama’s proposed changes to Stream Protection Rule.  Pittsburgh Post-Gazette

Information in this report was gathered by experts at Van Scoyoc Associates Inc., Washington's foremost government affairs firm. The information is believed reliable, but the firm assumes no responsibility for actions based on the provided information, analysis, and opinions. To read the entire disclaimer, please click here.
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