THE DAILY WHIP: WEDNESDAY, FEBRUARY 26, 2014

For Immediate Release:

February 26, 2014

Contact:

Katie GrantStephanie Young, 202-225-3130

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 – 2:30 p.m. 4:00 – 5:00 p.m.

**Members are advised that following last votes, the House is expected to consider general debate and the first six amendments made in order to H.R. 2804. Any recorded votes requested will be postponed until tomorrow.

Suspension (1 bill)

  1. H.R. 3308 – Taxpayer Transparency Act of 2014, as amended (Rep. Long – Oversight and Government Reform)

H.Res. 487 – Rule providing for consideration of both H.R. 3865 – Stop Targeting of Political Beliefs by the IRS Act of 2014 (Rep. Camp – Ways and Means) and H.R. 2804 – All Economic Regulations Are Transparent Act of 2014 (Rep. Holding – Judiciary) (One Hour of Debate). The Rules committee has recommended one Rule which provides for consideration of 2 bills.

For H.R. 3865, 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 it also waives all points of order against the legislation.

For H.R. 2804, 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 11 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. Members are urged to VOTE NO.

H.R. 3865 – Stop Targeting of Political Beliefs by the IRS Act of 2014 (Rep. Camp – Ways and Means) (One Hour of Debate). The Supreme Court’s 2010 decision on Citizens United v. Federal Election Commission gave corporations the right to make political contributions.  In doing so, it also allowed non-profit corporations organized as 501(c)(4) entities, that are not required to disclose their donors,  the ability to direct hundreds of millions of undisclosed dollars into federal campaigns. 

This bill would put a one year block on the ability of the IRS to modify regulations regarding the permissible political activities of 501(c)(4) entities.  Specifically, it would prevent the implementation of rules to measure the primary activity of a 501(c)(4) social welfare group (whether they were engaged in "candidate-related political activity") and determine whether they should continue to receive tax-exempt status, as recommended by Treasury Inspector General for Tax Administration (TIGTA).

This bill is nothing more than a message bill and is just the latest example of Republicans wasting the House’s time rather than addressing critical issues. There have been countless hearings, man hours, and millions of dollars of wasted tax-payer money on this issue—none of which showed any evidence that the IRS was targeting political “enemies” on behalf of the Administration.

Bill Text for H.R. 3865:
PDF Version

Background for H.R. 3865:
House Report (HTML Version)
House Report (PDF Version)

Begin Consideration of H.R. 2804 – All Economic Regulations Are Transparent Act of 2014 (Rep. Holding – Judiciary) (One Hour of Debate). This bill is a combination of four Republican-sponsored bills, each reported with no Democratic support, that would drastically weaken the federal rule making process, exposing Americans to serious harm across the board, from environmental hazards to risky behavior by financial institutions.

The first bill, H.R. 2804, would prohibit any rule issued by an agency from going into effect until the Office of Information and Regulatory Affairs has made the information available online for 6 months.

The second bill, H.R. 2122, would amend the Administrative Procedures Act, adding 60 new procedural requirements and analyses to the process by which agencies establish rules – creating more areas in which to challenge new rules.  It would also overrule existing provisions that prohibit consideration of cost when promulgating essential rules affecting public health.

The third bill, H.R. 2542, would require agencies to conduct additional, extensive analyses (including a rule’s “indirect” economic effects) of the impact of proposed rules on small businesses and give impacted entities more opportunity to challenge new rules.  This widening of the judicial review and the creation of a new right to challenge non-final agency actions on new rules will greatly hinder the ability of agencies to create rules to protect public safety.

The fourth bill, H.R. 1493, would impose a number of procedural requirements on agencies when a consent decree or settlement agreement is reached in order to resolve an action brought against an agency for failing to execute a regulation – creating redundancy and forcing agencies to waste funds working through burdensome procedures instead of enforcing safety protections.

The Rule makes in order 11 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Cartwright Amendment. Strikes the 6 month moratorium on finalizing rules in the underlying bill.
Murphy (FL) Amendment. Cuts titles II and IV from the bill.
Rothfus/Barr Amendment. Adds terms to define a negative-impact on jobs and wages rule, helps agencies identify a negative-impact on jobs and wages rule, and requires agency heads approving a negative-impact on jobs and wages rule to submit a statement that they approved the rule knowing of its negative-impact on jobs and wages.
Brady (TX) Amendment. Requires federal agencies to identify in any Notice of Proposed Rulemaking (NPR) the achievable objective of the proposed rule and the metrics to be used. Also requires federal agencies in issuing final rules to certify that the rule meets the objectives the agency identified in the NPR.
Rigell Amendment. Expands the requirements of initial regulatory flexibility analyses to include an analysis of any impairment of the ability of small entities to have access to credit.
Tipton Amendment. Makes a technical correction that ensures the current requirement, under the Regulatory Flexibility Act, that each agency annually publish a list of regulations to be reviewed pursuant to its periodic review plan, remains so.
Connolly Amendment. Exempts any rule pertaining to air quality or water quality.
Jackson Lee Amendment. Exempts rules made by the Secretary of Homeland Security, or any consent decree or settlement made as a result of the rule.
Johnson (GA) Amendment. Excludes from the bill any rule, consent decree, or settlement agreement that the Director of the Office of Management and Budget determines would result in net job creation or whose benefits exceeds its costs.
Miller (CA)/Courtney Amendment #10. Exempts regulations proposed by the Occupational Safety and Health Administration to prevent combustible dust explosions and fires.
Miller (CA)/Courtney Amendment #11. Exempts any regulations, or modifications thereto, which have been recommended in writing by the Inspector General of a federal agency, including but not limited to those which would improve protections for taxpayers, students, public and workplace safety and health, or otherwise increase the effectiveness or efficiency of agency activities.

Bill Text for H.R. 2804:
PDF Version

Background for H.R. 2804:
CRS Report: Independence of Federal Financial Regulators

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, February 27: The House will meet at 12:00 p.m. for legislative business. The House is expected to complete consideration of H.R. 2804 – All Economic Regulations Are Transparent Act of 2014 (Rep. Holding – Judiciary). The House is also expected to complete consideration of H.R. 3193 – Consumer Financial Protection and Soundness Improvement Act (Rep. Duffy – Financial Services).

Postponed Suspension (1 bill):

  1. H.R. 1944 – Private Property Rights Protection Act (Rep. Sensenbrenner – Judiciary)
 
The Daily Quote

“The U.S. Chamber of Commerce is renewing its push for immigration reform, making the economic case for an overhaul of border control laws to pressure House Republicans to act on legislation this year. Chamber President Thomas J. Donohue posted a blog on the organization's Web site Monday, and 636 business organizations signed onto a letter from the chamber to House Speaker John A. Boehner (R-Ohio) on Tuesday. The businesses included Facebook, Caterpillar, Halliburton and Hewlett-Packard. ‘Failure to act is not an option,’ the letter stated. ‘We cannot afford to be content and watch a dysfunctional immigration system work against our overall national interest. In short, immigration reform is an essential element of a jobs agenda and economic growth. It will add talent, innovation, investment, products, businesses, jobs, and dynamism to our economy.’"

-    Washington Post, 2/25/2014