THE DAILY WHIP: TUESDAY, MAY 12, 2015

**Following one minute speeches, the House is expected to recess until approximately 4:00 p.m. At that time, the House will reconvene and consider general and amendment debate of H.R. 1732. Following amendment debate, the House will consider the four bills listed for consideration under suspension of the Rules. Any recorded votes requested will be postponed until 6:30 p.m. Members are advised that the vote series at 6:30 p.m. is expected to be longer than usual.

H.R. 1732 - Regulatory Integrity Protection Act of 2015 (Rep. Shuster – Transportation and Infrastructure) (One Hour of Debate). This bill would prohibit the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) from finalizing, implementing or enforcing the April 2014 proposed rule entitled "Definition of 'Waters of the United States' Under the Clean Water Act." Instead, the agencies would be required to withdraw the proposed rule and consult with state and local officials as well as stakeholders, and other interested parties to develop a new regulatory proposal.
 
Additionally, the bill would require EPA and the Corps of Engineers to prepare a report for the Congress that responds to public comments filed on the proposed rule and associated documents and that describes how the new rule required by the bill would addresses such comments. The new rule required by the bill would have to include a comprehensive regulatory and economic analysis. These burdensome requirements are intended to block the Administration from finalizing a rule that was developed with the input of state and local officials, the public, and the regulated community and based on sound science.  The delay caused by this bill would jeopardize both the environment and public safety and deny businesses and communities the regulatory certainty needed to invest in projects that rely on clean water. Lastly, the White House has issued a SAP stating that President’s senior advisers would recommend that he veto the bill.

The Rule, which was adopted on April 30th, makes in order 2 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent. The amendments are:

Edwards Amendment. Makes clear that EPA and the Corps are prohibited from implementing any final rule based on the April 2014 proposed rule if such a rule expands federal jurisdiction to bodies of water that either did not receive protection prior to relevant 2001 and 2006 Supreme Court decisions and opinions or are used solely by migratory birds.  Also makes clear that a final rule cannot: increase regulation of ditches; eliminate existing statutory or regulatory exemptions for agriculture, silviculture, or ranching; or cover artificial farm and stock ponds, land-use activities, erosional features, puddles, water on driveways, birdbaths, playgrounds, sanitary sewers, water supply canals or other water supply systems. Any final rule must be: consistent with the latest peer-reviewed science; developed in consultation with state and local governments; and permit public notice and comment.
Kildee Amendment. Gives a state two years to become compliant with the new 'Waters of the United States' rule required by the bill.  The amendment would ensure states have sufficient time to implement any required changes to their permitting programs required by the bill so that they are able to retain their state permitting authority.

Suspensions (4 bills)

1. S. 665– Rafael Ramos and Wenjian Liu National Blue Alert Act of 2015 (Sen. Cardin – Judiciary)
2. H.R. 606– Don’t Tax Our Fallen Public Safety Heroes Act (Rep. Paulsen – Ways and Means)
3. H.R. 2146– Defending Public Safety Employees Retirement Act (Rep. Reichert – Ways and Means)
4. H.R. 723 – Fallen Heroes Flag Act (Rep. King (NY) – House Administration)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Wednesday, May 13: The House will meet at 12:00 p.m. for legislative business. The House is expected to consider both H.R. 36 – Pain-Capable Unborn Child Protection Act (Rep. Franks – Judiciary) (Subject to a Rule) and H.R. 2048 – USA Freedom Act of 2015 (Rep. Sensenbrenner – Judiciary). The House is also expected to begin consideration of H.R. 1735 – National Defense Authorization Act for Fiscal Year 2016(Rep. Thornberry – Armed Services) (Subject to a Rule).