THE DAILY WHIP: WEDNESDAY, SEPTEMBER 21, 2016

H.Res. 876 – Rule providing for consideration of H.R. 5461 – Iranian Leadership Asset Transparency Act (Rep. Poliquin – Financial Services)(One hour of debate). The Rules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Financial Services.  The Rule allows for 3 amendments, debatable for 10 minutes equally divided between the offeror and an opponent.  The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation. 

The Rules Committee also rejected a motion by Ms. Slaughter of New York to consider H.R. 5461 under an open Rule.  Members are urged to VOTE NO.

H.Res. 875 – Rule providing for consideration of H.R. 3438 – REVIEW Act of 2016 (Rep. Marino – Judiciary) and H.R. 5719 – Empowering Employees through Stock Ownership Act (Rep. Paulsen – Ways and Means)(One hour of debate). The Rules Committee has recommended one Rule which would provide for consideration of two bills.

For H.R. 3438, the Rules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Judiciary.  The Rule allows for 2 amendments, debatable for 10 minutes equally divided between the offeror and an opponent.  The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation.

For H.R. 5719, 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. 

The Rule allows for Suspension Authority through the legislative day of September 23, 2016. 

The Rules Committee rejected a motion by Ms. Slaughter of New York to make in order and provide the appropriate waivers for an amendment offered by Rep. Crowley (NY) and Rep. Eshoo (CA), which increases the Oil Spill Liability Trust Fund Tax by $.02 cents to $.11 per bbl effective January 1, 2017 to offset the $1 billion cost of H.R. 5719.  The Rules Committee also rejected a motion by Ms. Jackson-Lee of Texas to make in order and provide appropriate waivers for an amendment to H.R. 3438 which exempts any rule promulgated to prevent, respond to, or mitigate the adverse impacts of public health emergencies like the outbreak of the Zika and Ebola viruses.

Lastly, the Rules Committee also rejected a motion by Mr. McGovern of Massachusetts to consider H.R. 3438 and H.R. 5719 under open Rules.  Members are urged to VOTE NO.

H.R. 5461 – Iranian Leadership Asset Transparency Act (Rep. Poliquin – Financial Services) (One hour of debate).  This bill would require the Secretary of the Treasury to compile and submit a report detailing the known assets held by senior Iranian political and military leaders, along with descriptions of how they acquired the assets and how they were used.  This information would need to be submitted to Congress, be updated at least annually for the next two years, and be submitted in unclassified form (with a classified annex if necessary). It also requires that the unclassified portion of the report be made available to the public by posting on the Treasury Department's website. 

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

The Rule makes in order 3 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Poliquin Manager’s Amendment. Adds Committee on Foreign Affairs to the reporting requirements in the Bill.
Young (IN) Amendment. Adds three additional provisions to the bill's required report on Iranian leadership financial assets.
Lance Amendment. Adds the head of Atomic Energy Organization of Iran to list of Iranian leaders.

Bill Text for H.R. 5461:
PDF Version

Background for H.R. 5461:
House Report (HTML Version)
House Report (PDF Version)

H.R. 3438 – REVIEW Act of 2016 (Rep. Marino – Judiciary)(One hour of debate).  This bill is yet another attempt by House Republicans to severely hinder government agencies in implementing regulatory actions.  

H.R. 3438 would require Federal agencies to postpone the implementation of any rule imposing an annual cost of at least $1 billion or more per year until all legal challenges are completed.  This would allow any party in opposition to any proposed Rule to prevent its implementation by seeking a judicial review which would add additional cost and further strain the judicial system.  This could potentially put the public at risk by preventing agencies from implementing rules to address real threats to public health, safety, and security by failing to include exceptions for rules addressing emergency public health crises, such as the current Zika crisis, as well as failing to include exceptions for national-security related rules.

Just nine days before the end of the fiscal year, House Republicans are bringing a partisan bill to the Floor that will never be signed into law and are continuing to waste valuable time instead of working to fund the government to prevent another government shutdown.

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

The Rule makes in order 2 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Cicilline Amendment. Exempts from the requirements of the legislation any rule that would reduce the cost of health care for people over the age of 65.
DelBene Amendment. Exempts from the bill's requirements rules relating to improving the affordability of higher education.

Bill Text for H.R. 3438:
PDF Version

Background for H.R. 3438:
House Report (HTML Version)
House Report (PDF Version)

Suspensions (6 bills)

1. H.R. 2315 – Mobile Workforce State Income Tax Simplification Act of 2015 (Rep. Bishop (MI) – Judiciary)
2. H.Con.Res. 122 – PROTECT Patrimony Resolution, as amended (Rep. Pearce – Judiciary)
3. H.R. 4712 – Strengthening the Department of Homeland Security Secure Mail Initiative Act, as amended (Rep. Speier – Judiciary)
4. H.R. 5064 – Improving Small Business Cyber Security Act of 2016, as amended (Rep. Hanna – Small Business)
5. H.R. 5094 – STAND for Ukraine Act, as amended (Rep. Engel – Foreign Affairs)
6. H.R. 3924 – Global Development Lab Act of 2016, as amended (Rep. Castro – Foreign Affairs)

Postponed Suspensions (19 bills)

1. H.R. 5963 – Supporting Youth Opportunity and Preventing Delinquency Act, as amended (Rep. Curbelo – Education and the Workforce)
2. H.R. 4419 – District of Columbia Judicial Financial Transparency Act (Rep. Norton – Oversight and Government Reform)
3. H.R. 5037 – District of Columbia Courts and Public Defender Service Voluntary Separation Incentive Payments Act (Rep. Norton – Oversight and Government Reform)
4. H.R. 5625 – Modernizing Government Travel Act (Rep. Moulton – Oversight and Government Reform)
5. House Amendment to S. 1550 – Program Management Improvement Accountability Act, as amended (Sen. Ernst – Oversight and Government Reform)
6. H.R. 5798 – To designate the facility of the United States Postal Service located at 1101 Davis Street in Evanston, Illinois, as the "Abner J. Mikva Post Office Building" (Rep. Schakowsky – Oversight and Government Reform)
7. H.R. 5713 – Sustaining Healthcare Integrity and Fair Treatment Act of 2016, as amended (Rep. Tiberi – Ways and Means)
8. H.R. 3957 – Emergency Citrus Disease Response Act of 2016 (Rep. Buchanan – Ways and Means)
9. H.R. 5659 – ESRD Choice Act of 2016, as amended (Rep. Smith (MO) – Ways and Means)
10. H.R. 5613 – CAH Act of 2016, as amended (Rep. Jenkins – Ways and Means)
11. H.R. 5320 – Social Security Must Avert Identity Loss (MAIL) Act of 2016 (Rep. Sam Johnson – Ways and Means)
12. H.R. 5946 – United States Appreciation for Olympians and Paralympians Act of 2016 (Rep. Dold – Ways and Means)
13. H.R. 2285 – Preventing Trafficking in Cultural Property Act (Rep. Keating – Ways and Means)
14. H.R. 5523 – Clyde-Hirsch-Sowers RESPECT Act (Rep. Roskam – Ways and Means)
15. H.R. 6007 – To amend title 49, United States Code, to include consideration of certain impacts on commercial space launch and reentry activities in a navigable airspace analysis, and for other purposes (Rep. McCarthy – Transportation and Infrastructure)
16. H.R. 5977 – To direct the Secretary of Transportation to provide to the appropriate committees of Congress advance notice of certain announcements, and for other purposes (Rep. Shuster – Transportation and Infrastructure)
17. H.R. 6014 – To direct the Federal Aviation Administration to allow certain construction or alteration of structures by State departments of transportation without requiring an aeronautical study, and for other purposes, as amended (Rep. Nolan – Transportation and Infrastructure)
18. H.R. 5147 – BABIES Act (Rep. Cicilline – Transportation and Infrastructure)
19. H.R. 5859 – Community Counterterrorism Preparedness Act, as amended (Rep. McCaul – Homeland Security)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, September 22: The House will meet at 12:00 p.m. for legislative business.  The House is expected to complete consideration of H.R. 5719 – Empowering Employees through Stock Ownership Act (Rep. Paulsen – Ways and Means).  The House is also expected to consider bills listed for consideration under suspension of the Rules.