OMB Legislative Report - November 4, 1997

from: Kate P.
to: BENDICK G, ABRAMSON_K, HOGAN L, WALKER A, DAVIS W, LEVIN P, HOLSTEIN E, WEINSTEIN D, MCKIERNAN K, Alan B., Alecia, Alice E. Shuffield, Alicia K., Alison C., Allan E., Alphonse Maldon, Ananias Blocker, Andrew M., Anita, Anna M., Anne H., Annette E., Ann F., Barbara, Barry, Barry B. Anderson, Barry J. Toiv, Barry T., Ben A., Bernard H., Bruce D., Bruce K. Sasser, Bruce N. Reed, Bruce W. McConnell, Carol, Charles, Charles E. Kieffer, Charles R. Marr, Christopher F. Edley, Christopher R., Constance J. Bowers, Daniel C., Dario J., David E., David H., David J., Douglas B., Edward Brigham, Edward M., E. Holly, Elena Kagan, Elisa, Ellen J., Ellen J. Balis, Eric R., Eugene M., Francis S. Redburn, Gary L. Bennethum, Gordon, Harry G. Meyers, Ingrid M. Schroeder, Jacob J. Lew, Jake, James A. Brown, james b. kazel, James C. Murr, James J. Jukes, Jane T., janet e. irwin, Janet L. Graves, Janet R. Forsgren, Janie L., Jason S., Jeffrey A. Farkas, Jennifer, Jessica L., Jill M. Blickstein, John, John A., Jonathan, Joseph J., Joseph M., Joshua, Julie E., Justine F. Rodriguez, Kate P., Kathleen, Kathryn B., Keith J. Fontenot, Kenneth L. Schwartz, Kevin S., Kristen E., Larry R. Matlack, Laura S. Marcus, Lawrence J., Linda, Lisa M., Louisa, Lucia A. Wyman, Mark A., Martha Foley, Maryanne B., Mary Jo, Mathew C. Blum, Melinda D. Haskins, Melissa, Melissa N., Michael, Michael W., M. Jill Gibbons, Nancy E., Nancy L., OLlVER_A, Patricia E., Paul J. Weinstein, Paul J. Weinstein Jr., Peter D., Peter Jacoby, Peter R. Orszag, Philip A., Philip R., Phillip, Rhodia D., Richard A., Richard J., Richard P. Emery, Robert, Robert E., Robert G., Robert J., Robert M., Robert S., Robin J., Rodney G., Ronald E., Ronald K., Ronald M., Rosemary, Ruby, Russell W. Horwitz, Sally, Sandra, Sean E., Shelley N. Fidler, Stacey L. Rubin, stephen b. silverman, Stephen G., Steven D. Aitken, Steven L., Susanne D., Sylvia M. Mathews, T. J., Todd, Toni S. Hustead, Wayne, Wesley P.
      TO:                DIRECTOR FRANK RAINS
                   DEPUTY DIRECTOR JACK LEW
                   ACTING DEP. DIRECTOR FOR MANAGEMENT
                   ED DESEVE
                   EXECUTIVE ASSOCIATE DIRECTOR JOSH GOTBAUM

FROM:      OMB LEGISLATIVE AFFAIRS

DATE:      NOVEMBER 4, 1997

SUBJECT:           LEGISLATIVE REPORT


CONGRESS TODAY (11/4)

SENATE
Failed (56-44) to invoke cloture (3/5 not having voted for cloture) on
H.R. 2646 - Education Savings Account
[Riley/Rubin letter sent, 10/30: Secretary of the Treasury and Secretary
of Education recommend veto]

Invoked (69-31) cloture on the motion to proceed to S. 1269 - Fast Track
Legislation (vote on the motion to proceed to occur on Wednesday) .

Approved, by Unanimous Consent, the following bills:
o       H.R. 79 - Provide for the conveyance of certain land in the Six
Rivers National Forest in the State of California for the benefit of the
Hoopa Valley Tribe.
o       H.R. 2464 - Amend the Immigration and Nationality Act to exempt
internationally adopted children under age 10 from the immunization
requirement.
o       S. 813 - Amend U.S. Code to provide criminal penalties for theft
and willful vandalism at national cemeteries.
o       S. 1231 - Authorize appropriations for FY 1998 & 1999 for the
U.S. Fire Administration.
o       S. 940 - Provide for a study of the establishment of Midway Atoll
as a national memorial to the Battle of Midway.
o       S. 1324 - Deauthorize a portion of the project for navigation,
Biloxi Harbor, Mississippi.
o       H.R. 708 - Require the Secretary of Interior to conduct a study
concerning grazing use and open space within and adjacent to Grand Teton
National Park, Wyoming, and to extend temporarily certain grazing
privileges.

HOUSE

 Rejected (191-228) H.R. 2746 - HELP Scholarships Act
[SAP sent, 10/30: Senior Advisers recommend veto]
Began consideration of H.R. 2616 - Charter Schools Amendments Act (final
vote likely Thursday)
[SAP sent, 10/30: Administration supports House passage, BUT the
PresidentD,s senior advisors would recommend veto if the bill contains
H.R. 2746, the school voucher bill.]

Suspended the rules and took the following action:
o       Approved (voice) S. 931 - Marjory Stoneman Douglas Wilderness and
Ernest F. Coe Visitor Center Designation Act


                [No SAP -- support informally]
o       Approved (voice) Senate Amendments to H.R. 672, Copyright
Clarification Act
                [No SAP]
o       Rejected (182-234) H.R. 2644 - united States-Caribbean Trade
Partnership Act
                [SAP sent, 11/3: Support House passage, but have concerns]
o       Approved (410-2) H.R. 1493 - A Bill to Require the Attorney
General to Establish a Program in Local Prisons to Identify Criminal
Aliens and Aliens who are Unlawfully Present in the U.S.
                [SAP sent, 11/4: Administration opposes]

Later tonight, the House is expected to pass H.R. 2534 - Agriculture
Research bill, does not contain the Senate-passed cost allocation
provision, with Conference action expected later this week.
[Letter to Committee Chairman under development)

At press time, the House was considering the following suspensions:
o       H.R. 1967 - A Bill to Provide that the Distribution Before
January 1, 1978, of a Phonorecord shall not for any Purpose Constitute a
Publication of the Musical Work Embodied Therein
                 [No SAP)
o       H.R. 2265 - No Electronic Theft Act
                 [No SAP]
o       H.J.Res. 91 - Apalachicola-Chattahoochee-Flint River Basin Compact
                 [No SAP -- support informally)
o       H.J.Res. 92 - Alabama-Coosa-Tallapoosa River Basin Compact
                 [No SAP -- support informally)
o       H.R. 1702 - Commercial Space Act of 1997
                 [SAP sent, 11/4: Administration supports passage, if the bill is
                amended)
o       H.R. 1839 - National Salvage Motor Vehicle Consumer Protection
Act of 1997
o       H.R. 1836 - Federal Employees Health Care Protection Act of 1997
                 [SAP sent, 11/4: Administration supports House passage)
o       H.R. 2675 - Federal Employees Life Insurance Improvement Act
                 [SAP sent, 11/4: No objection to House passage, but will work
                in the Senate to improve provisions of the bill)
o       H.R. 1856 - Volunteers for Wildlife Act of 1997
                 [No SAP -- support informally)
o       H.R. 434 - Carson National Forest and the Santa Fe National
Forest Land Conveyance
                 [No SAP -- support informally]
o       S. 587 - Hinsdale County, Colorado Land Exchange
                 [No SAP -- support informally)
o       S. 588 - Providing for the Expansion of the Eagles Nest
Wilderness
                 [No SAP -- support informally)
o       S. 589 - Providing for a Boundary Adjustment and Land Conveyance
Involving the Raggeds Wilderness
                 [No SAP -- support informally)
o       S. 591 - Transferring the Dillon Ranger District in the Arapaho
National Forest to the White River National Forest
                 [No SAP -- no objection]
o       H.R. 1604 - Providing for the Division, Use, and Distribution of
Judgment Funds of the Ottawa and Chippewa Indians
                 [No SAP)
o       H.R. 948 - Burt Lake Band of Ottawa and Chippewa Indians Act
                 [No SAP)
o       H.R. 404 - Authorize the Transfer of Certain Surplus Property for


Law                       Enforcement Purposes
                [No SAP      will deal with concerns in the Senate]

CONGRESS TOMORROW (11/5):

SENATE
Convene at 9:30am.

Consider the nomination of James S. Gwin, of Ohio, to be U.S. District
Judge for the Northern District of Ohio (rollcall 'vote expected at 9:40am).

Continue consideration of the motion to proceed to S. 1269 - Fast Track
Legislation with a rollcall vote expected on the motion to proceed no
later than 5pm.

After the vote on S. 1269, the Senate could turn to any of the following
bills:

o        S. 1156 - DC FY 98 Appropriations or a substitute to H.R. 2604,
the House-passed version
 [SAP sent, 9/18: Senior Advisers recommend veto if the bill contains the
school voucher amendment.]
o        FDA reform conference report
 [HHS letter sent, 11/4: Senior Advisors veto threat over medical devise
provision]
o        Intelligence Authorization conference report

HOUSE
Convene at 10:00am for legislative business. The House is expected to
pass a rule sometime this week or next, to provide for expedited
procedures for consideration of bills at the end of the session. This
action will allow suspension bills to be brought up throughout the week
and bills to be considered on the same day the rule is reported (usually
it requires a day layover.)

Complete action on H.R. 2616 - Charter Schools Amendments Act (Open rule)
[SAP sent, 10/30: Administration supports House passage, BUT the
PresidentD,s senior advisors would recommend veto if the bill contains
H.R. 2746, the school voucher bill.]

consider H.R. 2676 - Internal Revenue Service Restructuring and Reform Act
of 1997
        [SAP pending: Administration supports House passage, but will
                continue to work with the Congress to make needed
improvements    to the bill.]

possible - consider the following D&China billsD8:
o        H.R. 2195 - To Provide for Increased Monitoring of Products Made
with
         Forced Labor (Subject to a Rule)
                  [No SAP -- No objection]
o        H.R. 967 - Excluding Certain Chinese Officials From the U.S. (Subject to
a        Rule)
                  [SAP sent, 11/4: Administration strongly opposes]
o        H.R. 2570 - Forced Abortion Condemnation Act (Subject to a Rule)
 [SAP sent, 11/4: Administration agrees with the objective, but strongly
opposes the bill due to foreign policy and constitutional concerns]
o        H.R. 2358 - Political Freedom in China Act (Subject to a Rule)
                  [SAP sent, 11/4: Administration opposes]
o        H.R. 2232 - Radio Free Asia Act of 1997 (Subject to a Rule)


                  [No SAP - support informally]
o        H.R. 2605 - Communist China Subsidy Reduction Act of 1997
(Subject to a Rule)
 [SAP sent, 11/4: Administration opposes]
o        H.R. 2647 - A Bill to Ensure that Commercial Activities of the
PeopleD,s Liberation Army of China or any Communist Chinese Military
company in the U.S. are Monitored and are Subject to the Authorities under
the International Emergency Economic Powers Act (Subject to a Rule)
                  [SAP sent, 11/4: Administration opposes]
o        H.Res. 188 - Urging Action on Iran acquisition of C-802 cruise
missile (Subject           to a Rule)
                  [No SAP]
o        H.R. 2386 - US-Taiwan Anti-Ballistic Missile Defense Cooperation
Act              (Subject to a     Rule)
                  [SAP sent, 11/4: Administration opposes]

CONGRESS THIS WEEK
SENATE
Thursday, November 6th & the Balance of the Week:
Thursday - Hold four hours of debate on DOD Authorization conference
report followed by a vote (by UC agreement) at 2:00pm.
         [Letter sent 10/28: Senior Advisors recommend veto over depot
                 provision]
Following adoption of the conference report, the Senate will pass by
unanimous consent a Domenici resolution to correct enrollment (i.e. make
changes in) the conference report.

If necessary, consider S. 1156 - DC FY 98 Appropriations or a substitute
to H.R. 2604, the House-passed version
[SAP sent, 9/18: Senior Advisers recommend veto if the bill contains the
school voucher amendment.]

If necessary, consider FDA reform conference report
        [HHS letter sent, 11/4: Senior Advisors veto threat over medical
        devise provision]

If necessary, consider the Intelligence Authorization conference report

Amtrak Strike Resolution
        [SAP under discussion]

Consider remaining appropriations conference reports, as available, and
possibly a continuing resolution.

HOUSE
Thursday, November 6th and the Balance of the Week:
On Thursday, convene at 10:00am for legislative business and on Friday,
convene at 9:00am for legislative business.

Complete action on H.R. 2616 - Charter SChools Amendments Act (vote likely
Thursday)
[SAP sent, 10/30: Administration supports House passage, BUT the
PresidentD, s senior advisors would recommend 'veto if the bill contains
H.R. 27.46, the school voucher bill.]

Consider the Military Construction LIV Disapproval Bill (possible Thursday)
        [SAP pending]

consider H.R. 2604 - DC FY 98 Appropriations as amended by the Senate
(possible Thursday)


[SAP sent, 9/18: Senior Advisers recommend veto if the bill contains the
school voucher amendment.]

If necessary, consider the following D&China billsD8:
o        H.R. 2195 - To Provide for Increased Monitoring of Products Made
with
         Forced Labor (Subject to a Rule)
                  [No SAP -- No objection]
o        H.R. 967 - Excluding Certain Chinese Officials From the u.S. (Subject to
a        Rule)
                  [SAP sent, 11/4: Administration strongly opposes]
o        H.R. 2570 - Forced Abortion Condemnation Act (Subject to a Rule)
 [SAP sent, 11/4: Administration agrees with the objective, but strongly
opposes the bill due to foreign policy and constitutional concerns]

o        H.R. 2358 - Political Freedom in China Act (Subject to a Rule)
                  [SAP sent, 11/4: Administration opposes]
o        H.R. 2232 - Radio Free Asia Act of 1997 (Subject to a Rule)
                  [No SAP - support informally]
o        H.R. 2605 - Communist China Subsidy Reduction Act of 1997
(Subject to a Rule)
 [SAP sent, 11/4: Administration opposes]
o        H.R. 2647 - A Bill to Ensure that Commercial Activities of the
PeopleD,s Liberation Army          of China or any Communist Chinese
Military Company in the u.S. are Monitored and are Subject to the
Authorities under the International Emergency Economic Powers Act (Subject
to a Rule)
                  [SAP sent, 11/4: Administration opposes]
o        H.Res. 188 - Urging Action on Iran acquisition of C-802 cruise
missile (Subject           to a Rule)
                  [No SAP]
o        H.R. 2386 - US-Taiwan Anti-Ballistic Missile Defense Cooperation
Act               (Subject to a    Rule)
                  [SAP sent, 11/4: Administration opposes]

Consider H.R. 2621 - Reciprocal Trade Agreement Authorities Act of 1997
(Subject to a Rule) (Fast Track)
                [POTUS statement, 11/4]

Consider the Conference Report on S. 858, Intelligence Authorization for
FY 1998

Consider remaining appropria.tions conference reports, as available, and
possibly a continuing resolution.
    
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