THE DAILY WHIP: WEDNESDAY, OCTOBER 25, 2017

Daily Leader
Download PDF Version
111DailyWhip102517.pdf  (153.25 KB)
HOUSE MEETS AT:FIRST VOTE PREDICTED:LAST VOTE PREDICTED:
10:00 a.m.: Morning Hour
12:00 p.m.: Legislative Business

Fifteen “One Minutes”		1:30 – 2:30 p.m.5:30 – 6:30 p.m.
 

H.Res. 580– Rule providing for consideration of Senate Amendment to H.Con.Res. 71 – Concurrent Resolution Establishing the Congressional Budget for the United States Government for fiscal year 2018 and setting forth the appropriate budgetary levels for fiscal years 2019 through 2027 (Rep. Black – Budget) (One hour of debate).  The Rules Committee has recommended a Rule that provides for one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on Budget.  The Rule makes in order a motion offered by the Chair of the Committee on the Budget or her designee that the House concur in the Senate amendment to H.Con.Res. 71. The Rule waives all points of order against consideration of the motion.

The Rules Committee rejected a motion by Ms. Slaughter of New York to make in order several germane amendments, including six offered by Democrats.  Members are urged to VOTE NO.

H.R. 469 – Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017, as amended (Rep. Collins (GA) – Judiciary) (One hour of debate). This bill would undermine the ability of federal regulators to protect the health and safety of Americans by imposing numerous new procedural burdens on agencies and courts intended to dissuade them from using consent decrees and settlement agreements to resolve enforcement actions filed to address an agency’s noncompliance with the law. Among these burdens are the requirements that agencies solicit public comments on such proposed consent decrees and settlement agreements and that they respond to each public comment before submitting them to the court.

Contrary to the claims of the bill’s proponents that agencies and interest groups collude to “sue and settle” in order to avoid compliance with the rulemaking procedures set forth in the Administrative Procedure Act as well as other statutes, there exist long-established and effective procedures that regulate agencies' use of consent decrees and settlement agreements.

If enacted, H.R. 469 will effectively delay and possibly derail efforts by agencies to implement congressionally-mandated public health and environmental safeguards. In addition, the bill will encourage costly and wasteful litigation, the expense of which will be borne by American taxpayers. H.R. 469 is yet another Republican solution in search of a problem and another attack on the Federal government.  It will use taxpayer dollars to essentially put people at risk by subjecting agencies to cumbersome, complex, arbitrary mandates in an effort to create inaction.  

The House passed identical legislation on January 7, 2016.  That vote can be found here.

The Rule makes in order 6 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:
 
Rep. Goodlatte Amendment. Clarifies the application of 5 USC 552a (The Privacy Act) to the bill.
Rep. Conyers Amendment.  Calls for exception for consent decrees or settlement agreements relating to the enforcement of civil rights laws.
Rep. Johnson (GA) Amendment. Exempts any consent decree or covered settlement agreement pertaining to a deadline established by Congress to significantly improve access to high-speed broadband in under-served markets, such as low-income and rural communities; and to facilitate economic development in locations without sufficient access to such service.
Rep. McEachin Amendment. Exempts any consent decree or settlement agreement pertaining to the improvement or maintenance of air or water quality.
Rep. Loebsack Amendment. Creates an exception for consent decrees or settlement agreements relating to standards that apply under the Renewable Fuel Standard program.
Rep. Cartwright Amendment. Creates additional exception for consent decrees or settlement agreements entered into pursuant to Meese Policy (28 C.P.R. §§ 0.160-0.163 (2017)).

Bill Text for H.R. 469:
PDF Version
 
Suspensions (4 bills)
  1. H.R. 1698 – Iran Ballistic Missiles and International Sanctions Enforcement Act, as amended (Rep. Royce – Foreign Affairs)
  2. H.R. 3342 – Sanctioning Hizballah's Illicit Use of Civilians as Defenseless Shields Act, as amended (Rep. Gallagher – Foreign Affairs)
  3. H.R. 3329– Hizballah International Financing Prevention Amendments Act of 2017, as amended (Rep. Royce – Foreign Affairs)
  4. H.Res. 359 – Urging the European Union to designate Hizballah in its entirety as a terrorist organization and increase pressure on it and its members, as amended (Rep. Deutch – Foreign Affairs)

TOMORROW’S OUTLOOK

The GOP Leadership has announced the following schedule for Thursday, October 26: The House will meet at 9:00 a.m. for legislative business.  The House is expected to complete consideration of Senate Amendment to H.Con.Res. 71 – Concurrent Resolution Establishing the Congressional Budget for the United States Government for fiscal year 2018 and setting forth the appropriate budgetary levels for fiscal years 2019 through 2027 (Rep. Black – Budget).

 
THE DAILY QUOTE
“The White House and House Republican leaders scrambled Tuesday to prevent a rank-and-file rebellion from several lawmakers who threatened to block a key vote in the tax-cut process unless they get assurances about the bill’s impact on their constituents… Several Republicans in those states have signaled to GOP leaders in recent days that they won’t support a House budget resolution on Thursday unless they can have assurances about the potential impact of the tax plan… ‘I need to know what the endgame is going to look like if I’m going to vote on it,’ said Rep. Tom MacArthur (R-N.J.), a leader of the bloc of concerned Republicans.”

   -    Washington Post, 10/24/2017