THE DAILY WHIP: WEDNESDAY, JUNE 22, 2016

H.Res. 793 – Rule providing for consideration of H.R. 1270 – Restoring Access to Medication Act of 2015(Rep. Jenkins – Ways and Means) (One hour of debate).  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.  Members are urged to VOTE NO.

H.Res. 794 – Rule providing for consideration of H.R. 5485 – Financial Services and General Government Appropriations Act, 2017 (Rep. Crenshaw – Appropriations)(One hour of debate).  The Rule provides for one hour of general debate and consideration of seventy amendments, each debatable for 10 minutes, equally controlled by the proponent and opponent of the amendment, and provides up to 10 pro forma amendments for the purpose of debate offered by the Chair and Ranking Member or their designee.  The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation.

The Rule also provides the authority to offer amendments en bloc, consisting of amendments not previously considered. All en bloc amendments are debatable for 20 minutes equally divided between a proponent and opponent.  Members are urged to VOTE NO.

Consideration of the Veto Message onH.J.Res. 88 – Disapproving the rule submitted by the Department of Labor relating to the definition of the term “Fiduciary” (Rep. Roe – Education and the Workforce) (One hour of debate).  On April 28, 2016 House Democrats unanimously opposed H.J.Res. 88.  The final vote was 234 – 183, which can be found here. The bill disapproved of the rule issued and published by the Department of Labor (DOL) on April 8, 2016.  The rule provides common sense protections for consumers and would simply require that retirement advisors put the “best interests” of their clients above their own financial interests.  Due to loopholes and outdated requirements in retirement investment advice rules, brokers and other financial advisors have been allowed to recommend investments and products that may benefit the advisor or their firm and not the investor.  Currently, these brokers are only required to recommend “suitable” investments, which means they can push investments with a higher commission to their retirement clients when an otherwise identical investment with a lower commission is available.  

The rule issued by DOL would update a 1975 regulation that stemmed from the enactment of the Employee Retirement Income Security Act (ERISA).  This 1975 regulation pre-dated 401(k) plans, and substantial changes to our nation’s retirement security system have occurred since then. DOL’s final rule updates this decades-old, deficient regulation and helps ensure that retirement clients are protected.

H.J.Res. 88 was a hasty and uninformed attempt to stop a rule that was thoughtfully, responsibly, and transparently crafted over years in conjunction with industry professionals and the public.  DOL conducted hundreds of meetings on the rule and received 3,000 comments over a six-month period from the American people. 

On May 24, 2016 the Senate passed H.J.Res. 88 by a vote of 56 – 41.  That vote can be found here. On June 8, 2016 the President vetoed the measure.  Members are urged to VOTE NO on Overriding the President's Veto.

Bill Text for H.J.Res. 88:
PDF Version

Background for H.J.Res. 88:
House Report (HTML Version)
House Report (PDF Version)

Begin Consideration of H.R. 5485 – Financial Services and General Government Appropriations Act, 2017 (Rep. Crenshaw – Appropriations) (One hour of debate).  H.R. 5485 appropriates $21.735 billion in discretionary budget authority for Fiscal Year 2017, a cut of $1.5 billion (6%) below FY 2016 and $2.7 billion (11%) below the President’s request.  These cuts will severely impair the federal government’s ability to serve its people.  The Treasury Department’s budget is cut $246 million below FY 2016, and $1.449 billion less than the President’s request and the Internal Revenue Services is cut $236 million below FY 2016, and $1.281 billion less than the President’s request.  The measure also contains deep cuts to a number of other critical programs, including cuts to the Election Assistance Commission (EAC), the Securities and Exchange Commission (SEC), District of Columbia, Federal Communications Commission (FCC), Office of Management and Budget (OMB), and Federal Buildings Fund.

In addition to severe cuts, the measure contains a number of controversial policy riders, including provisions prohibiting implementation of the Affordable Care Act’s coverage requirements and restricting reproductive health services coverage in the health insurance marketplaces and Federal Employee Health Benefits (FEHB) program. The measure would require the Consumer Financial Protection Bureau to become subject to the annual appropriations process and would change the structure of CFPB from a directorship to a 5-member commission which would make it harder for the CFPB to issue regulations and guidance.  The bill would further impede the autonomy of the District of Columbia by: (1) prohibiting federal funds to carry out D.C.’s new law to reduce penalties associated with marijuana possession; (2) repealing D.C.’s new law establishing budget autonomy; and (3) reauthorizing the private school voucher program.

According to Ranking Member Nita Lowey, H.R. 5485 “the bill is merely a vehicle for accomplishing the most extreme policy priorities of the Republican majority.  It would undermine key elements of ACA and Dodd-Frank, diminish women’s access to legal health services, meddle in DC’s internal affairs, undermine the President’s Cuba policy…. the bill rewards tax cheats by failing to provide sufficient funding to enforce tax law.”

Lastly, despite repeated promises of openness and transparency, House Republicans have reversed course for the appropriations process and are bringing bills 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 three 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.  Last week, at the direction of Republican Leadership, the Rules committee failed to make in order an amendment to H.R. 5293 – Defense Appropriations, 2017 offered by Rep. Sean Maloney of New York, Rep. Ros-Lehtinen of Florida, Rep. Peters of California, and Rep. Hanna of New York which would prohibit the use of funds to contravene the President’s Executive Order pertaining to equal employment in Federal government contracting. 

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

The Rule provides for one hour of general debate and makes in order seventy amendments.  A full list of amendments can be found HERE.  Members are urged to VOTE NO.

Bill Text for H.R. 5485:
PDF Version

Background for H.R. 5485:
House Report (HTML Version)
House Report (PDF Version)

Suspension (1 bill)

1. H.R. 5210 – Patient Access to Durable Medical Equipment (PADME) Act (Rep. Price (GA) – Energy and Commerce)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, June 23: The House will meet at 12:00 p.m. for legislative business. The House is expected to consider H.R. 1270 – Restoring Access to Medication Act of 2015 (Rep. Jenkins – Ways and Means).  The House is also expected tocomplete consideration of H.R. 5485 – Financial Services and General Government Appropriations Act, 2017 (Rep. Crenshaw – Appropriations).