THE DAILY WHIP: THURSDAY, DECEMBER 17, 2015

**Members are advised that following last votes the House is expected to complete one hour of debate on the FY16 Consolidated Appropriations Act. Any recorded vote requested will be postponed.   Members are also advised that the House may vote as early as 9:15 a.m. tomorrow, Friday, December 18, 2015. 

H.Res. 566 – Rule providing for consideration of Motion to Concur in the Senate Amendment to H.R. 2029 with House Amendment #1 – Consolidated Appropriations Act, 2016 (Rep. Rogers (KY) – Appropriations) and Motion to Concur in the Senate Amendment to H.R. 2029 with House Amendment #2 – “Protecting Americans from Tax Hikes Act of 2015” (Rep. Brady (TX) – Ways and Means) (One hour of debate).  The Rules Committee has recommended one Rule which would provide for consideration of two amendments.

For Amendment #1 (Omnibus), the Rules Committee has recommended a Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Appropriations.  The Rule waives all points of order against the Motion to Concur.

For Amendment #2 (Tax Extenders), the Rules Committee has recommended a Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Ways and Means.  The Rule waives all points of order against the Motion to Concur.

The Rule also Waives clause 6(a) of rule XIII, the requirement of a two-thirds vote to consider a Rule on the same day it is reported from the Rules Committee, through the legislative day of December 18, 2015.  Lastly, the Rule also allows for Suspension Authority through the legislative day of December 18, 2015.  Members are urged to VOTE NO.

Motion to Concur in the Senate Amendment to H.R. 2029 with House Amendment #2 – “Protecting Americans from Tax Hikes Act of 2015” (Rep. Brady (TX) – Ways and Means) (One Hour of Debate). This measure would address a number of tax provisions, many of which expired at the end of last year.  It would make some of these so-called tax extenders permanent, while also extending a smaller number of tax provisions for 5 years, through 2019, while extending the balance of the package’s provisions for just two years, through 2016. While many of these provisions share bipartisan support, the package contains no offsets, and so would increase the deficit by more than $620 billion over the next ten years.

The measure would make permanent expansions of tax credits in the American Recovery and Reinvestment Act (ARRA): the Earned Income Tax Credit (EITC), Child Tax Credit and the American Opportunity Tax Credit, which are all aimed at helping low-income and working Americans and would otherwise expire at the end of 2017.  Additionally, the package would make permanent several tax provisions expired at the end of 2014, including the Research and Development credit, a $250 out-of-pocket deduction for teachers’ classroom expenses, state and local sales tax deduction, and Section 179 small business expensing.

Other tax provisions would be extended for only five years, which includes bonus depreciation – phased from the current 50% rate to 30% in the 2019 – the Controlled Foreign Corporations (CFC) look through rule, Work Opportunity Tax Credit (WOTC), and the New Markets credit. 

Approximately 30 remaining business, individual, and energy provisions carried in past tax extenders packages would be extended two years, though 2016.  Similarly, the Affordable Care Act’s Medical Device Tax would be delayed two years.

The package makes other changes to Real Estate Investment Trusts, Church retirement plans, and contains new directives to the IRS.
 
Begin Consideration of Motion to Concur in the Senate Amendment to H.R. 2029 with House Amendment #1 – Consolidated Appropriations Act, 2016 (Rep. Rogers (KY) – Appropriations) (One Hour of Debate). This Omnibus package contains FY2016 funding for federal agencies under all twelve Appropriations subcommittees.

The Omnibus appropriates $1.067 trillion in base discretionary budget authority and $73.7 billion in Overseas Contingency Operations (OCO) funding, pursuant to the two-year, Bipartisan Budget Agreement that replaced a portion of the sequester after passing the House on October 28^th of this year. 

The product of negotiation, this Omnibus package rejects numerous high profile, controversial riders put forward by Republicans, including delaying or rejecting Syrian refugees, changes to Dodd-Frank or to the Department of Labor Fiduciary rule, restrictions on the EPA’s Clean Water Rule and Clean Power Plan, further limits on a woman’s access to contraceptives or a woman’s right to choose, efforts to roll back protections for American workers, and scores of others.  Under the Bipartisan Budget Agreement, an additional $66 billion was used to increase investments in Democratic priorities.

The measure extends the World Trade Center Health Program through 2090 for first responders and survivors of the 9/11 attacks, while also funding the September 11^th Victims Compensation Fund for five additional years by increasing H1B entry visa fees and biometric entry-exit fees.  It also contains a two year delay of the “Cadillac Tax” which would impose an excise tax of 40% on health plans whose value exceeds $10,200 for individual coverage and $27,500 for a family.  Also, it would provide for a one year delay in the Health Insurance Tax (HIT).

The Omnibus contains a bicameral compromise bill on cybersecurity, which will help crowdsource cyber threat information between companies and the Department of Homeland Security to better defend against hacks and protect private data.  The bill makes improvements upon the House bill passed earlier this year.  It also contains the compromise text of the Intelligence Authorization Act for 2016. 

The Omnibus also includes a provision making commonsense improvements to the Visa Waiver Program (VWP) to better determine that individuals entering the U.S. through the program do not pose a security risk, while maintaining the program’s ability to facilitate legitimate foreign business travel and tourism to the U.S.  This bipartisan provision passed the House on December 8^th by a vote of 407-19.

The Omnibus falls short of supporting Puerto Rico’s ability to restructure its debt, though the bill provide for an increase in hospital reimbursement rates and would also make Puerto Rico hospitals eligible for incentive payments for meaningful use of Electronic Health Records under the HITECH Act.

Additionally, the Omnibus contains a provision that will remove restrictions on the export of crude oil from the United States except in limited circumstances and increase the authorization for Maritime Security Payments to U.S. flagged vessels. It extends the wind energy Production Tax Credit for five years (2015-2019), with the credit reduced by 20 percent in 2017, 40 percent in 2018, 60 percent in 2019, and ending in 2020, and also extends the solar Investment Tax Credit for five years (2017-2021), with the credit reduced by 20 percent in 2020 and 40 percent in 2021, and applies the credit to those solar projects that have commenced construction in those years.  The measure also reauthorizes the Land and Water Conservation Fund for a three-year period, and authorizes a new ocean conservation program for the same duration.

Postponed Suspension (1 bill)

1. H.R. 2241 – Global Health Innovation Act of 2015, as amended (Rep. Sires – Foreign Affairs)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Friday, December 18: The House will meet at 9:00 a.m. for legislative business.  The House is expected to complete consideration of the Motion to Concur in the Senate Amendment to H.R. 2029 with House Amendment #1 – Consolidated Appropriations Act, 2016 (Rep. Rogers (KY) – Appropriations).