THE DAILY WHIP: TUESDAY, JUNE 14, 2016

H.Res. 778 – Rule providing for consideration of H.R. 5053 – Preventing IRS Abuse and Protecting Free Speech Act (Rep. Roskam – Ways and Means) and general debate of H.R. 5293 – Department of Defense Appropriations Act, 2017 (Rep. Frelinghuysen – Appropriations)(One hour of debate).  The Rules Committee has recommended one Rule which would provide for consideration of two bills.

For H.R. 5053, the Rules Committee has recommended a closed 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 allows one motion to recommit, with or without instructions, and waives all points of order against the legislation.

For H.R. 5293, the Rules Committee has recommended a Rule that provides for one hour of general debate on H.R. 5293, equally divided between the Chair and Ranking Member of the Committee on Appropriations. 

The Rules Committee rejected a motion by Ms. Slaughter of New York to consider H.R. 5053 and H.R. 5293 under an open Rule.  Members are urged to VOTE NO.

H.R. 5053 – Preventing IRS Abuse and Protecting Free Speech Act (Rep. Roskam – Ways and Means) (One hour of debate).  This bill would prohibit the Internal Revenue Service (IRS) from requiring tax-exempt 501(c) organizations to disclose contributors.  Under current law, many tax-exempt 501(c) organizations like charities and social welfare organizations file an information return, Form 990, along with a Schedule B form which lists any donor who has contributed more than $5,000 or more during one calendar year.  This form is kept confidential by the IRS.

H.R. 5053 would prohibit the IRS from collecting the names, addresses, or other identifying information of contributors to any 501(c) organization unless the donor: (1) is party to a prohibited tax shelter transaction with the organization; or (2) contributes $5,000 or more and is an officer, director, or one of the five highest compensated employees during the taxable year.

Not only does the bill allow for more anonymity and less unaccountability for money in U.S. elections, it would remove an important check on illegal campaign contributions from foreign sources.  The Center for Responsive Politics has said that the political spending by tax-exempt groups is five times the amount spent at this point during the 2012 election cycle.  This bill would make the activities of those groups even more secretive.

In the Statement of Administration Policy, the President’s senior advisors stated that they would recommend he veto this bill. 

Bill Text for H.R. 5053:
PDF Version

Background for H.R. 5053:
House Report (HTML Version)
House Report (PDF Version)

Begin Consideration of H.R. 5293 – Department of Defense Appropriations Act, 2017 (Rep. Frelinghuysen – Appropriations) (One hour of debate).  H.R. 5293 appropriates $517.1 billion in FY 2017 base discretionary budget authority for the Department of Defense – plus an additional $58.6 billion in discretionary budget authority designated for Overseas Contingency Operations (OCO).

House Republicans added $15.7 billion to the Administration’s base, non-war funding request and used the OCO ("emergency war funding") designation to exempt this spending from the defense portion of the discretionary budget cap agreed to in last fall's Bipartisan Budget Act.  The total funding level would meet the President’s request of $576 billion, including the $58.6 billion designated OCO, and likewise conforms with the BCA firewall cap.  However, unlike the President's request, it uses $15.7 billion of the OCO-designated funding amount to pay for non-emergency base budget funding needs. In doing so, the bill underfunds expected warfighting costs and does not provide funding to pay for salaries or provide mission support for men and women serving abroad past the end of April 2017.  This funding cliff will force a new president to submit a request for emergency supplemental funding within weeks of being sworn into office. 

The measure includes a military pay raise of 2.1% (0.5% above the President’s request) and does not block the Administration’s request for a 1.6% raise to DOD civilian employees.  Also, the bill continues provisions prohibiting the transfer of Guantanamo detainees to the U.S or closure of the facility. It also includes funding for sexual assault prevention and response programs in the military and suicide prevention and outreach programs.

Lastly, despite repeated promises of openness and transparency, House Republicans are reversing course and bringing H.R. 5293 to the Floor under a structured rule to avoid votes on tough issues, after their Members voted down their Energy and Water appropriations bill because it banned discrimination against LGBT Americans.  Just two weeks ago House Republicans brought H.R. 5055 – Energy and Water Appropriations, 2017 to the Floor, only to have less than 1/3 of the House vote in favor.  That vote can be found here.  Instead of having to vote again on this issue and show the American people where they stand, Speaker Ryan has chosen to shut down the process.

**Members are advised that the House is only expected to consider general debate of H.R. 5293 today.  Amendment debate will occur on Wednesday and Thursday.

Bill Text for H.R. 5293:
PDF Version

Background for H.R. 5293:
House Report (HTML Version)
House Report (PDF Version)

Postponed Suspension (1 bill)

1. H.R. 5049 – NSF Major Research Facility Reform Act of 2016, as amended (Rep. Loudermilk – Science, Space, and Technology)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Wednesday, June 15: The House will meet at 12:00 p.m. for legislative business. The House is expected to continue consideration of H.R. 5293 – Department of Defense Appropriations Act, 2017 (Rep. Frelinghuysen – Appropriations)(Subject to a Rule).