THE DAILY WHIP: TUESDAY, FEBRUARY 2, 2016

H.Res. 594 – Rule providing for consideration of H.R. 3700 – Housing Opportunity Through Modernization Act of 2015 (Rep. Luetkemeyer – Financial Services) (One hour of debate).  The Rules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Financial Services.  The Rule allows for 14 amendments, debatable for 10 minutes equally divided between the offeror and an opponent. The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation. Members are urged to VOTE NO.

H.R. 3700 – Housing Opportunity Through Modernization Act of 2015 (Rep. Luetkemeyer – Financial Services) (One hour of debate).  This bill makes several incremental changes to various public housing laws including: Housing and Urban Development (HUD) major rental assistance programs, Section 8 Tenant and Project Based Rental Assistance programs, the Federal Housing Administration (FHA), the Rural Housing Service, the McKinney-Vento Homelessness Assistance grants, and many additional programs in order to try to extend affordable housing options to more low-income families.

Title I makes several changes to the inspection process for dwelling units, the income review process, the rules for higher income households in public housing, the establishment of fair market rents, and the Family Unification Program.  Title I also contains the language from Ranking Member Waters’ billH.R. 3827 – Project-Based Voucher Improvement Act of 2015.  This provision would change the limits on the percentage of vouchers public housing agencies may project from the current 20% of the Public Housing Agency’s (PHA) vouchers or 205 of the PHA’s voucher funding.  It would allow a PHA to project-base an additional 10% of its authorized vouchers provided that the unit involved: houses homeless individuals and families, houses families with veterans, provides supportive housing to persons with disabilities or elderly persons, or is located in an area where vouchers are difficult to use.  Also, this provision would extend the permissible project-based voucher contract term to twenty years, as opposed to the current fifteen year deadline.

Title IV contains the language from Rep. Al Green’s bill, H.R. 251 – Homes for Heroes Act of 2015.  The provision would amend the HUD Act to establish a Special Assistant for Veterans Affairs who would: ensure veterans receive fair access to HUD housing and homeless assistance programs; coordinate all HUD programs and activities relating to veterans; and serve as a HUD liaison with the Department of Veterans Affairs (VA).   Additionally, the provision would direct HUD and the VA to deliver an annual report to Congress with respect to veterans’ homelessness and housing assistance. 

The bill contains additional improvements regarding: medical, dependent, and child care deductions; Fair Market Rents; flexibility between public housing operating and capital funds; clarifications to the Disaster Housing Assistance Program; improvements to the Self-Help Homeownership Opportunity Program; and streamlining data exchange standards between state and federal entities. 

The Rule makes in order 14 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Rep. Buchanan Amendment. Promotes efficient and accurate administration of income reviews and the collection of asset information when determining eligibility for rental assistance, consistent with other means-tested programs.
Rep. Waters Amendment. Removes harmful language that would limit the amount that families receiving certain federal housing assistance can deduct from their income for childcare expenses.
Rep. Sewell Amendment. Requires the Secretary of HUD to conduct a study to determine the impacts of the decreased deductions on rents paid by elderly and disabled individuals and families assisted under the Section 8 rental assistance and housing programs.
Rep. Bordallo Amendment. Prioritizes U.S. citizens and nationals over migrants from the Republic of the Marshall Islands, Republic of Palau, and the Federated States of Micronesia when receiving federal housing assistance in Guam.
Rep. Hinojosa Amendment. Allows the USDA to assess a nominal fee (maximum of $50) per loan under the Section 502 single family guaranteed home loan program in order to fund needed technological improvements and investments into the guaranteed underwriting system.
Rep. Meng Amendment. Requires HUD to publish model guidelines for minimum heating requirements for units operated by public housing agencies receiving federal assistance.
Rep. Palazzo Amendment. Makes permanent the exception to public housing agency resident board member requirement.
Rep. Welch Amendment. Allows the property taxes paid on mobile homes, insurance payments, utilities and financing to be included as components of the housing costs eligible for Section 8 payments.
Rep. Lujan Grisham Amendment. Inserts a provision for collaborating with the Department of Veterans Affairs and the Department of Housing and Urban Development on how to better coordinate and improve veterans housing services.
Rep. Peters Amendment. Directs the Secretary of Housing and Urban Development to reopen the period for public comment for the ''Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program" to allow stakeholders the opportunity to provide input on how HUD's resources can be most equitably used to end homelessness in our country.
Rep. Ellison Amendment. Provides affirmative permission for housing providers who administer U.S. Department of Housing and Urban Development funds to report on-time rental payment data for their tenants to credit reporting agencies without requiring and managing individual written consent agreements. Directs HUD to retain tenant privacy so the furnished information would not specifically note that tenants receive HUD assistance.
Rep. Al Green Amendment. Reauthorizes the FHA pilot program to establish an automated process for providing additional credit rating information to help determine creditworthiness for families with insufficient credit histories.
Rep. Jackson-Lee Amendment. Directs the Secretary of Housing and Urban Development to work with the Secretary of Labor to produce an annual report on interagency strategies to strengthen family economic empowerment by linking housing with essential supportive services such as employment counseling and training, financial growth, childcare, transportation, meals, youth recreational activities and other supportive services.
Reps. Price (NC)/Aderholt Amendment. Updates and modernizes HUD's funding formula for the Housing Opportunities for Persons With AIDS (HOPWA) program so that funding is distributed to jurisdictions based on living cases of HIV/AIDS.

Bill Text for H.R. 3700:
PDF Version

Background for H.R. 3700:
House Report (HTML Version)
House Report (PDF Version)

Complete Consideration of H.R. 3662– Iran Terror Finance Transparency Act (Rep. Russell – Foreign Affairs).  H.R. 3662 would restrict the President’s ability to lift sanctions on Iranian entities, thereby preventing the U.S. from carrying out its commitment under the Joint Comprehensive Plan of Action (JCPOA) signed in Vienna, Austria on July 14, 2015.  Specifically, the bill would require the President to certify that the de-listed entity has not knowingly facilitated a significant financial transaction or provided significant financial services to IRGC or terrorist affiliates; has not been designated by Treasury for material support to terrorism or proliferation activities; or been engaged in money laundering.  By requiring a certification that an entity has never engaged in the specified activities, the bill effectively imposes a permanent obstacle on JCPOA implementation.  It would specifically prevent delisting of 400 banks, companies, and individuals engaged in Iran’s nuclear program - particularly the Central Bank.

Section 2 would require the President to certify to Congress that any entity from the Office of Foreign Assets Control (OFAC) sanctions list has not ever knowingly facilitated a significant financial transaction or provided significant financial services to: (1) Iran’s Revolutionary Guard Corps (IRGC) or affiliates; (2) a foreign terrorist organization or designated terrorist; or (3) a person under U.S. sanctions for Weapons of Mass Destruction (WMD), ballistic missiles, or conventional arms.  Additionally, H.R. 3662 would require the President to certify to Congress that each individual that will be de-designated has not ever knowingly: (1) provided support or services to a terrorist organization or (2) engaged in significant activities or transactions that provide material contributions to Iran’s WMD proliferation or missile development. 

H.R. 3662 further impedes the President’s ability to implement JCPOA by prohibiting him from removing Iran from the list of designated jurisdictions of money laundering concern until he certifies to Congress that Iran no longer: (1) engages in terrorism support; (2) pursues WMDs; (3) conducts any illicit and deceptive financial activities.  This provision would ensure that Iran is permanently designated a money laundering jurisdiction even if they improve their financial transaction behavior, which would give Iran no incentive for improvements.

The bill would require that any change to the OFAC’s regulations regarding Iran is subject to the 1996 Congressional Review Act.  This provision could subject any Iran regulations changes to a sixty-day Congressional review and a potential override by a Congressional Joint Resolution.

Lastly, Section 6 would amend the Comprehensive Iran Sanctions, Accountability, and Divestment Act (CISADA) to specify that U.S. banks may not maintain correspondent accounts with foreign banks that do business with Hezbollah, Hamas, Palestinian Islamic Jihad, and any affiliates, regardless of if those organizations are on the U.S. Foreign Terrorist Organizations (FTO) list.

In the Statement of Administration Policy, the President stated that he would veto this bill.

The Rule, which was adopted on January 12, 2016, provides for no further general debate.

Bill Text for H.R. 3662:
PDF Version

Background for H.R. 3662:
House Report (HTML Version)
House Report (PDF Version)

Consideration of the Veto Message on H.R. 3762– Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015 (Rep. Price (GA) – Budget).

The Veto Message allows for one hour of debate controlled by the Chairman of the Committee on Budget.

Bill Text for H.R. 3762:
PDF Version

Background for H.R. 3762:
House Report (HTML Version)
House Report (PDF Version)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Wednesday, February 3: The House will meet at 12:00 p.m. for legislative business.  The House is expected to consider H.R. 1675 – Encouraging Employee Ownership Act of 2015 (Rep. Hultgren – Financial Services) (Subject to a Rule).