Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com This Week in Congress: Human Trafficking Legislation Law360, New York (March 08, 2015, 10:33 AM ET) -- Members of the House of Representatives are back in their districts this week for a scheduled district work period, while the U.S. Senate is scheduled to begin consideration of human trafficking legislation. On Monday afternoon, the Senate returns to consider several nominations. We anticipate one roll call vote on the confirmation of Daniel Marti to be the intellectual property enforcement coordinator at the White House, and three voice votes to confirm Michelle Lee to be director of the Patent and Trademark Office, and Jeffery S. Hall and Dallas P. Tonsager to be members of the Farm Credit Administration Board. Richard A. Hertling The Senate is then expected to begin consideration of human trafficking legislation. Majority Leader Mitch McConnell, R-Ky., had initially announced that the Senate would be taking up a bill regarding Iran s nuclear program, but he postponed a scheduled Tuesday floor vote due to opposition from nine Democratic and one Independent senators. Introduced by Senate Foreign Relations Committee Chairman Bob Corker, R-Tenn., and Ranking Member Robert Menendez, D-N.J., the Iran Nuclear Agreement Review Act of 2015 would give Congress an up-or-down vote on any agreement that the U.S. and other international negotiators are able to strike with Iran on its nuclear program. Republican leadership had planned on bypassing a Senate Foreign Relations Committee mark-up and bringing the bill directly to the floor. In response, the bill s Democratic co-sponsors wrote to Leader McConnell saying that they would oppose voting on the legislation before March 24, the deadline for the international negotiations with Iran. Chairman Corker responded that he hoped to obtain a vetoproof majority for the bill when it is considered, and Leader McConnell chose to postpone consideration of the bill. While waiting on the Iran nuclear negotiations, the Senate will move to consider two human trafficking bills that were approved by the Senate Judiciary Committee last week. The Stop Exploitation Through Trafficking Act, S. 166, is modeled after Minnesota s Safe Harbor law that helps make sure minors sold for sex aren t prosecuted as defendants but are instead treated as victims. The Justice for Victims of Trafficking Act, S. 178, 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. Both bills were passed in the House of Representatives on Jan. 27, 2015. This past week, the Senate failed to override the president veto on S. 1, the Keystone XL Pipeline Act, by a vote of 62-37, with eight Democrats joining all Republicans to override the veto. Republicans needed a
two-thirds majority (67 votes if 100 senators were present) in order to overcome the veto. This was the first time President Obama has vetoed legislation sent to him by the 114th Congress, with the new Republican majorities in both chambers. Republicans have indicated they may attempt to attach the legislation to other must-pass bills this year. Also last week, the Senate approved a resolution to undo the National Labor Relations Board s so-called ambush elections rule that is meant to make it easier for unions to win representation elections. Using the mechanism provided by the Congressional Review Act, the Senate approved the resolution to overturn the new NLRB policy, but not with enough votes to override what will be a certain veto when the measure passes the House. Democrats are pushing for Republican leadership to schedule a vote on Loretta Lynch, President Obama s nominee for U.S. Attorney General. The Senate Judiciary Committee reported out the nomination two weeks ago by a vote of 12-8, with three Republican members voting in favor of the nominee. This delay has frustrated Senate Democrats, who believe the holdup is due to Lynch s support of President Obama s actions on immigration. On March 5, all 45 Senate Democrats signed a letter calling on Majority Leader McConnell to bring up the nomination for a vote: "Although a narrow minority of the Senate may want to use Ms. Lynch's floor vote to protest the immigration enforcement priorities announced last year by the administration, there is simply no credible reason for further delay," the letter said. Leader McConnell has not yet indicated when the nomination might be scheduled for a vote. Last week saw the first step in the eventual debate that will take place this year on raising the debt limit. The Treasury Department had indicated earlier this year that record tax revenues would give the government enough room to borrow under the existing ceiling until the fall, but in a letter to congressional leaders on Friday, Treasury Secretary Jack Lew indicated that the Treasury would begin taking extraordinary measures to keep the government from default but asked Congress to raise the debt limit as soon as possible. Congress will also need to address the payment rate to physicians under Medicare in March, because the current temporary provision that prevents drastic cuts to payment rates to physicians will expire this month. Another short-term extension is likely, as Congress agrees on the need to fix the problem but has been unable to come to terms on how to pay for the fix. This week, the Senate Finance Committee will hold a hearing on tax reform, while the Senate Foreign Relations Committee will focus on U.S. foreign policy in Ukraine, regional security in the Middle East, and authorization for the use of force against ISIS. The Judiciary Committee s Antitrust Subcommittee will hold a hearing on Tuesday to review the consent decrees that have governed the marketplace for music and songs for decades. On Thursday, the Aging Committee will hold a hearing on retirement preparedness, an important issue for most Americans and their families. A list of these and other Senate hearings scheduled for next week is included below: By Richard A. Hertling and Kaitlyn McClure, Covington & Burling LLP Richard Hertling is of counsel with Covington & Burling in the firm's Washington, D.C., office. His more than 25 years of federal government service include leadership roles on the staffs of the Senate Governmental Affairs Committee, the Senate Judiciary Committee, and the Justice Department, in addition to his most recent role as staff director and chief counsel of the House Judiciary Committee. Kaitlyn McClure is a policy adviser in Covington & Burling's Washington office. CALENDAR
Tuesday March 10, 2015 Fiscal 2016 Defense Authorization: Navy Senate Armed Services 9:30 a.m., G-50 Dirksen Bldg. Venture Exchanges and Small-Cap Companies Senate Banking, Housing and Urban Affairs - Subcommittee on Securities, Insurance and Investment 10 a.m., 538 Dirksen Bldg. Tax Code Overhaul Senate Finance 10 a.m., 215 Dirksen Bldg. U.S. Policy in Ukraine Senate Foreign Relations 10 a.m., 419 Dirksen Bldg. U.S. Medical Innovation Senate Health, Education, Labor and Pensions 10 a.m., 430 Dirksen Bldg. Music Market Governance Senate Judiciary - Subcommittee on Antitrust, Competition Policy and Consumer Rights 10 a.m., 226 Dirksen Bldg. FY16 and FY17 Veterans Health Administration Budget Senate Appropriations - Subcommittee on Military Construction and Veterans Affairs 2:30 p.m., Dirksen Bldg. Fiscal Year 2016 budget request for the CBO and Comptroller General Senate Appropriations - Legislative Branch Subcommittee 3:00 p.m., 138 Dirksen Bldg. Iran and Regional Security Senate Armed Services - Subcommittee on Emerging Threats and Capabilities Closed Hearing 2:30 p.m., SVC-217 Capitol Visitor Center Wednesday, March 11, 2015
FY2016 National Nuclear Security Administration Budget Request Senate Appropriations - Subcommittee on Energy & Water Development 9:00 a.m., 138 Dirksen Bldg. FY 2016 Indian Health Service Budget Request Senate Appropriations - Interior Subcommittee 10:00 a.m., 124 Dirksen Bldg. Department of Housing and Urban Development FY2016 Budget Request Senate Appropriations - Transportation, Housing, and Urban Development Subcommittee 10:00 a.m., 562 Dirksen Bldg. FY2016 U.S. Army Budget Request Senate Appropriations - Defense Subcommittee 10:30 a.m., 192 Dirksen Bldg. Fiscal 2016 Defense Authorization: Marine Corps Modernization Senate Armed Services - Subcommittee on Seapower 9:30 a.m., 222 Russell Bldg. U.S. Public Safety Broadband Network Senate Commerce, Science and Transportation 10 a.m., 253 Russell Bldg. Authorization to Use Force Against ISIS Senate Foreign Relations 9:30 a.m., 419 Dirksen Bldg. Protecting Religious Freedom Abroad Senate Appropriations - State, Foreign Operations and Related Agencies Subcommittee 2:00 p.m., 124 Dirksen Bldg. Fiscal 2016 Defense Authorization: Military Construction and Base Closures Senate Armed Services - Subcommittee on Readiness and Management Support 2:30 p.m., 216 Hart Bldg. Indian Gaming Commission Nomination Senate Indian Affairs
Full Committee Confirmation Hearing 2:30 p.m., 628 Dirksen Bldg. Thursday, March 12, 2015 FY2016 budget request for the Secretary of the Senate, the Senate Sergeant at Arms, and the U.S. Capitol Police Senate Appropriations - Legislative Branch Subcommittee 9:45 a.m., 124 Dirksen Bldg. FY2016 FDA Budget Request Senate Appropriations - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Subcommittee 10:00 a.m., 138 Dirksen Bldg. FY2016 Budget Requests for the FBI, U.S. Marshals Service, DEA, and ATF Senate Appropriations - Commerce, Justice, Science, and Related Agencies Appropriations Subcommittee 10:00 a.m., 192 Dirksen Bldg. Fiscal 2016 Defense Authorization: U.S. Northern and Southern Command Senate Armed Services 9:30 a.m., G-50 Dirksen Bldg. (Tentative) Examining the President s Fiscal Year 2016 Budget Request for NASA Senate Commerce, Science, Transportation - Subcommittee on Space, Science, and Competitiveness 9:30 a.m., 253 Russell Bldg. Bipartisan Sportsmen's Act of 2015 Senate Energy and Natural Resources 10 a.m., 366 Dirksen Bldg. Tax Scam Protection Senate Finance 10 a.m., 215 Dirksen Bldg. Visa Waivers and National Security Senate Homeland Security and Governmental Affairs 10 a.m., 342 Dirksen Bldg. Retirement Preparedness
Senate Special Aging 10:30 a.m., 562 Dirksen Bldg. Fiscal 2016 Defense Authorization: Missile Defense Programs Senate Armed Services - Subcommittee on Strategic Forces 2:30 p.m., SVC-217 Capitol Visitor Center The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice. All Content 2003-2015, Portfolio Media, Inc.