THE DAILY WHIP: THURSDAY, JUNE 11, 2015

Concur in the Senate Amendment with an Amendment to H.R. 1295 –Trade Preferences Extension Act of 2015 (Rep. Ryan (WI) – Ways & Means) (Unanimous Consent Agreement, One Hour of Debate).  This bill would extend four trade preference programs. It would extend the African Growth and Opportunity Act (AGOA) for ten years, and retroactively extend the Generalized System of Preferences (GSP) program, which provides duty free entry to most goods from developing countries, through 2017. It would also extend the Hemispheric Opportunity through Partnership Encouragement Act (HOPE) and the HaitiEconomic Lift Program (HELP), which promote economic development and export growth in Haiti, supporting about 30,000 jobs in that country.

The bill also includes a bipartisan fix to the Medicare sequester offset that was included in the Senate passed Trade Adjustment Assistance (TAA) bill.  Upon its enactment, this measure would replace the Medicare sequester expansion in TAA with two revenue provisions: an increase in penalties for failing to file correct and timely information returns, such as 1099s, for tax purposes and a second requirement that taxpayers have Tax Identification Numbers (TINs) in order to claim certain education tax benefits in an effort to combat fraudulent claims.

Bill Text for the House Amendment to H.R. 1295:
PDF Version

H.Res. 305 – Rule providing for consideration of both a Motion to Concur in the Senate Amendment to H.R. 1314 –Trade Act of 2015 (Ways & Means) and a Motion to Concur in the Senate Amendments with a House Amendment to H.R. 644 – Trade Facilitation and Trade Enforcement Act of 2015 (Ways & Means) (One Hour of Debate). The Rules committee has recommended one Rule which provides for consideration of 2 measures.

For the Senate Amendment to H.R. 1314 , the Rules Committee has recommended a Rule that provides for one hour of general debate on a motion to concur, equally divided and controlled by the Chair and Ranking Member of the Committee on Ways & Means.  The Rule also waives all points of order against the motion to concur. The Rule provides that the question on adoption of the motion shall be divided as follows: (1) concurring in Section 212 of the Senate Amendment (relating to Medicare); (2) concurring in the matter comprising the remainder of Title II of the Senate Amendment (TAA); and (3) concurring in the matter preceding Title II of the Senate amendment (TPA). The first portion of the divided question shall be considered as adopted. It further provides that if either portion of the divided question (TAA or TPA) fails, then the House shall be considered to have made no disposition of the Senate Amendment.

For the House Amendment to the Senate Amendments to H.R. 644, the Rules Committee has recommended a Rule that provides for one hour of general debate on a motion to concur, equally divided and controlled by the Chair and Ranking Member of the Committee on Ways & Means.  The Rule also waives all points of order against the motion to concur.

The Rule also includes provisions for the House to concur in the Senate Amendments to H.R. 644 with its own amendment, as well as a motion that the House insist on its amendment and request a Conference with the Senate. 

The Rules Committee rejected numerous Democratic motions to make in order amendments to both pieces of legislation, including a motion by Mr. McGovern to amend the Rule so that the Ryan amendments to H.R. 644 and H.R. 1295, as well as the Senate amendment to H.R. 1314, are all subject to amendment on the floor, and considered under an open process. Members are urged to VOTE NO.

Complete Consideration of H.R. 2685 – Department of Defense Appropriations Act, 2016 (Rep. Frelinghuysen – Appropriations)  H.R. 2685 appropriates $490.2 billion in FY 2016 base discretionary budget authority for the Department of Defense – plus an additional $88.4 billion in discretionary budget authority designated for Overseas Contingency Operations (OCO).

The measure includes a military pay raise of 2.3% (1% above the President’s request) and continues provisions prohibiting the transfer of Guantanamo detainees to the U.S. It also includes funding for sexual assault prevention and response programs in the military and suicide prevention and outreach programs.

The $88.4 billion in funding designated for OCO is achieved by shifting $38 billion in funding from the President’s base defense request into the OCO war funding account - a dangerous gimmick intended to go around the sequester level defense spending cap from the Budget Control Act, while leaving the non-defense sequester level cap in place. This gambit will destabilize long-term national security planning, and allow domestic priorities to wither on the vine.  By removing pressure to replace the sequester level defense caps, it makes a new budget agreement less likely, with drastic negative consequences for our nation’s schools, roads and bridges, law enforcement, scientific research, and other domestic priorities critical to military families and all hardworking Americans. If Republicans want to lift spending above the Budget Control Act's caps, then they should work with Democrats to replace the dangerous and irrational sequester for both defense and non-defense spending with a balanced solution.

For these reasons, the Administration issued a SAP stating that, should it reach his desk, the President’s advisors would recommend he veto this bill. Members are urged to VOTE NO.

The Rule provides for no further debate. As of last night, the following amendments have recorded votes pending: 

• Schiff Amendment
• Lee Amendment #1
• Lee Amendment #2
• Sablan Amendment
• Gosar Amendment #1
• Johnson (GA) Amendment #1
• Gosar Amendment #2
• Johnson (GA) Amendment #2
• Ellison Amendment
• Smith (MO) Amendment
• Massie Amendment

Bill Text for H.R. 2685:
PDF Version

Background for H.R. 2685:
House Report (HTML Version)
House Report (PDF Version)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Friday, June 12: The House will meet at 9:00 a.m. for legislative business. The House is expected to consider both a Motion to Concur in the Senate Amendment to H.R. 1314 – Trade Act of 2015 (Ways & Means) and a Motion to Concur in the Senate Amendments with a House Amendment to H.R. 644 – Trade Facilitation and Trade Enforcement Act of 2015 (Ways & Means).