THE DAILY WHIP: THURSDAY, JUNE 7, 2012

House Meets At: First Vote Predicted: Last Vote Predicted:

10:00 a.m.: Morning Hour
12:00 p.m.: Legislative Business

Fifteen “One Minutes” per side

1:30 – 2:30 p.m.  Evening

H.Res. 679 – Rule providing for consideration of both H.R. 436 – Protect Medical Innovation Act (Rep. Paulsen - Ways and Means) and H.R. 5882 – Legislative Branch Appropriations for Fiscal Year 2013 (Rep. Crenshaw – Appropriations) (One Hour of Debate). The Rules committee has recommended one Rule which provides for consideration of H.R. 436 and H.R. 5882 .

H.Res. 679 would provide for 90 minutes of general debate on H.R 436, equally divided between the Chair and Ranking Member of the Committee on Ways and Means.  The Rules committee has recommended a closed rule for H.R. 436 that provides for one motion to recommit, with or without instructions and waives all points of order against the legislation.

For H.R. 5882, the Rules Committee has recommended a structured Rule that provides for one hour of general debate equally divided between the Chair and Ranking Member of the Committee on Appropriations. The Rule allows 7 amendments debatable for 10 minutes equally divided between the offeror and an opponent. It allows the Chair and Ranking Member to offer pro forma amendments and allows one motion to recommit, with or without instructions. It also waives all points of order against the legislation.

Despite repeated promises of openness by the Republican Majority, the Rules committee rejected a motion by Mr. McGovern to consider H.R. 436 under an open Rule. The Committee also rejected an amendment that would make in order the Democratic substitute authored by Rep. Levin which would provide a 10 percent payroll tax credit for employers that hire new employees or increase existing wages. The substitute would also extend bonus depreciation for employers for one year. This is yet another example of how the House Majority continues to block bipartisan jobs legislation, including the Senate highway bill.  Members are urged to VOTE NO.

H.R. 436 – Protect Medical Innovation Act (Rep. Paulsen – Ways and Means) H.R. 436 repeals two tax-related provisions enacted under the Affordable Care Act and modifies current tax law to allow taxpayers to recover up to $500 per year from health flexible spending arrangements (FSAs). Specifically, the measure repeals the 2.3% medical device excise tax scheduled to go into effect in 2013 and the restrictions barring the use of health flexible spending arrangements to purchase over-the-counter drugs without a prescription. The repeal of the FSA restrictions would take effect after December 31, 2012. The bill also allows individuals with pre-tax flexible spending arrangements for health care costs to recover unused contributions for the year up to $500. In order to offset the reduction in revenues, this bill repeals caps set by the Affordable Care Act on the required repayment by individuals of excess subsidies they may have received to purchase health insurance through the law's new insurance exchanges (True-up). Members are urged to VOTE NO.

Continue Consideration of H.R. 5855 - Department of Homeland Security Appropriations Act, 2013 (Rep. Aderholt – Appropriations) H.R. 5855 appropriates $39.1 billion in discretionary budget authority in FY 2013 for the Department of Homeland Security. The discretionary budget authority is $484 million below the current FY 2012 level, and $394 million less than the President’s request that is consistent with the Budget Control Act. House Republicans are developing this year's spending bills based on the $1.028 trillion discretionary spending cap included in the Republican (Ryan) Budget Resolution rather than the $1.047 trillion cap agreed upon in last year's Budget Control Act. As a result, this bill leaves even less room for other agencies and programs in appropriations bills to be considered down the road, as Republicans try and ‘frontload’ some of the appropriations bills while still fitting under their cap. The bill also includes $1.4 billion in mandatory spending for Coast Guard retirees, as well as $5.5 billion for emergency disaster relief that is allowed by the Budget Control Act to go beyond the current discretionary cap.

The measure significantly boosts funding for FEMA state and local grants and for Homeland cybersecurity activities, but reduces funding for the Coast Guard, Transportation Security Administration, and Immigration and Customs Enforcement (ICE). It provides funds for state and local law enforcement to carry out immigration enforcement activities, and rejects the administration proposal to decrease the number of detention beds the government maintains for preparing individuals to be deported. It also prohibits the use of ICE funding to provide for abortions.

As of last night, the House had had completed reading through all titles in the bill.  The House will begin debating amendments at the end of the bill today.

Bill Text for H.R. 5855:
HTML Version
PDF Version

Background for H.R. 5855:
House Report (HTML Version)
CRS Report
- Department of Homeland Security Appropriations: A Summary of the House- and Senate-Reported Bills for FY2013

Motion to Instruct Conferees on H.R. 4348 – Surface Transportation Extension Act of 2012 (Offered by Rep. Broun)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Friday, June 8: The House will meet at 9:00 a.m. for legislative business. The House is expected to complete consideration of H.R. 5855 - Department of Homeland Security Appropriations Act, 2013.  The House may also consider H.R. 5882 – Legislative Branch Appropriations for Fiscal Year 2013 (Rep. Crenshaw – Appropriations) (Subject to a Rule).

 
The Daily Quote

“Serious legislating is all but done until after the election, so House Republicans are left to do little more than position themselves on the so-called fiscal abyss of expiring tax rates, government funding and borrowing limit. First it was Speaker John Boehner (R-Ohio), who declared that Washington should get to work on the mess of issues that will surface during the lame-duck session, blaming Democrats for fiddling as the nation’s finances worsen. Then, in recent weeks, allies of Majority Leader Eric Cantor (R-Va.) began quietly reminding players in the Capitol that he wasn’t in favor of a grand compromise — he thinks an election is required to solve differences between Democrats and Republicans. And on Tuesday, Cantor all but predicted 2012 substantively over... The rest of the year, Cantor said, will likely be about sending ‘signal[s] that we’ve actually gotten with the reality here that we have huge problems to deal with.’”

-     Politico, 6/6/12