THE DAILY WHIP: TUESDAY, MAY 17, 2016

House Meets At:	First Vote Predicted:	Last Vote Predicted:
10:00 a.m.: Morning Hour 12:00 p.m.: Legislative Business Fifteen “One Minutes”	2:00 – 3:00 p.m.	8:00 – 9:00 p.m.

***MEMBERS ARE ADVISED THAT CLOSE VOTES ARE POSSIBLE THIS WEEK.  ANY EXPECTED ABSENCES SHOULD BE REPORTED TO THE WHIP’S OFFICE AT x5-3130.

H.Res. 732– Rule providing for consideration of H.R. 4909 – National Defense Authorization Act for Fiscal Year 2017 (Rep. Thornberry – Armed Services).  The Rule provides for one hour of general debate on H.R. 4909, equally divided between the Chair and Ranking Member of the Committee on Armed Services. The Rule provides for consideration of sixty-one amendments, each debatable for 10 minutes, equally controlled by the proponent and opponent of the amendment.

The Rule also provides the Chairman of the Committee on Armed Services authority to offer amendments en bloc, consisting of amendments not previously considered. All en bloc amendments are debatable for 20 minutes equally divided between the Chair and Ranking Member of the committee on Armed Services. 

A second Rule providing for additional amendments to H.R. 4909 is expected to be considered on the Floor tomorrow.  

The Rule also self-executes an amendment by Rep. Sessions of Texas which strikes Section 528, which requires selective service registration and conscription requirements for female residents of the United States between the ages of 18 and 26.  Members are urged to VOTE NO.

Begin Consideration of H.R. 4909 - National Defense Authorization Act for Fiscal Year 2017 (Rep. Thornberry – Armed Services) (Subject to a Rule). The bill would authorize funding for the Department of Defense and other related agencies, programs, and operations for Fiscal Year 2017. It authorizes approximately $602.2 billion in discretionary budget authority in total.  This includes $543.4 billion for the Department of Defense base budget and $19.5 billion for the defense-related activities of the Department of Energy.

Unfortunately, the bill shortchanges war funding for efforts against ISIS and others by $18 billion, redirecting that funding toward non-war related “base budget” projects – ships, planes, etc. – not requested by the Pentagon.  Republicans are taking from the Overseas Contingency Operations account in order to circumvent the defense spending cap agreed to in last fall’s Bipartisan Budget Act.  They are playing a dangerous political game with our troops by leaving $18 billion in war needs unfunded, creating a new funding cliff in the middle of the Fiscal Year with no plan to address it.

While the bill supports a 2.1 percent pay increase for military personnel and also updates the Uniform Code of Military Justice to include new protections for victims of military sexual assaults, it contains an amendment by Rep. Steve Russell (R-OK) which would require every federal agency to allow “any religious corporation, religious association, religious educational institution, or religious society” that receives a federal contract or grant to claim religious exceptions from anti-discrimination protections for LGBT individuals whom they may employ.  The Russell amendment would undo President Obama’s landmark 2014 executive order banning all federal contractors and grantees from discrimination on the basis of sexual orientation or gender identity.

The legislation maintains the current restriction on domestic transfers of Guantanamo detainees and prevents the use of funds for construction or modification of U.S. facilities to house Guantánamo detainees. In addition, the bill authorizes $412 million for the Iraq Train and Equip fund; $152 million for the Syria Train and Equip fund; $3.4 billion for the Afghanistan national army and other security forces; and $150 million for weapons for Ukraine, all while assuming that the full amounts for each of these programs requested by the President will eventually be provided through a supplemental appropriations measure by April 30, 2017.

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

A full list of the 61 amendments made in order in the first Rule can be found HERE.

Bill Text for H.R. 4909:
PDF Version

Background for H.R. 4909:
House Report (HTML Version)
House Report Part 1 (PDF Version)
House Report Part 2 (PDF Version)

Suspension (1 bill)

1. H.R. 897 – Zika Vector Control Act, as amended (Rep. Gibbs – Transportation and Infrastructure).  This bill is nearly identical to H.R. 935 – Reducing Regulatory Burdens Act of 2014 which failed the House under suspension of the Rules on July 28, 2014.  That vote can be found here.  House Republicans then put the bill back on the Floor under a Rule on July 31, 2014 and it received even fewer Democratic votes.  That vote can be found here.  The underlying legislation would not help to contain the spread of Zika virus in any way; instead the bill would exempt pesticide spraying near bodies of water from regulation under an existing Environmental Protection Agency (EPA) general Clean Water Act permit through September 30, 2018. Nearly 2000 U.S. waterways are contaminated with pesticides, and H.R. 897 would worsen the problem. The existing Clean Water Act permit in no way hinders, delays, or prevents the use of approved pesticides for mosquito control in emergency situations. In fact, the permit provides a specific emergency provision to prevent outbreaks of disease, such as the Zika virus. Under the terms of the permit, pesticide applicators are covered automatically under the permit and any spraying may be performed immediately for any declared pest emergency situations. Instead of trying to deceive the American people by appearing to address the Zika virus while only hurting the environment, House Republicans should take action to provide sufficient emergency supplemental funding to combat the Zika virus and work with Democrats to keep Americans healthy and safe.

 Postponed Vote (1 vote)

1. Democratic Motion to Instruct Conferees on S. 524 – Comprehensive Addiction and Recovery Act of 2016

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Wednesday, May 18: The House will meet at 12:00 p.m. for legislative business. The House is expected to complete consideration of H.R. 4909 – National Defense Authorization Act for Fiscal Year 2017 (Rep. Thornberry – Armed Services) (Subject to a Rule). The House is also expected to consider H.R. 5243 – Zika Response Appropriations Act of 2016 (Rep. Rogers (KY) – Appropriations) (Subject to a Rule).  Lastly, the House is expected to begin consideration ofH.R. 4974– Military Construction and Veterans’ Affairs and Related Agencies Appropriations Act, 2017 (Rep. Dent – Appropriations) (Subject to a Rule).

The Daily Quote

“The Republican-controlled Congress has wasted entirely too much time sitting on President Obama’s request for emergency funding to combat the arrival of the Zika virus to the mainland United States. The National Governors Association, not exactly an alarmist group, declared that ‘the nation is on the threshold of a public health emergency…’  Now that Congress has returned from its recess, it is time to buckle down and approve the president’s request for about $1.9 billion in emergency funding, or something close to it.”          -    Washington Post Editorial Board, 5/12/2016