House Majority Whip's Office: Whip It Good
BREAKING: The Committee voted to accept Chairman Brady’s
amendment and favorably report the Tax Cuts and Jobs Act out of Committee.






H.R. 3441 - Save Local Business Act
Sponsored by Rep. Bradley Byrne
Passage Vote Count
Rep: 234-0
Dem: 8-181
Final Vote: 242-181

Summary: Reaffirms that two or more employers must have “actual, direct, and immediate” control over employees to be considered joint employers under the National Labor Relations Act and Fair Labor Standards Act.

  • For more than 30 years, the National Labor Relations Board (NLRB) considered two or more employers “joint employers” if they had “actual,” “direct,” and “immediate” control over essential terms and conditions of employment. This standard provided stability and legal clarity for employers large and small, especially local franchisees and subcontractors.
  • Unfortunately, unelected NLRB bureaucrats, federal regulators, and activist judges have taken steps to dramatically change what constitutes a “joint employer,” creating uncertainty for America’s job creators and entrepreneurs.
  • Concerns have been raised that the new joint employer standard will upend successful business models that have empowered countless Americans to achieve the American Dream of owning a business.
  • There are also concerns that employers will be discouraged from contracting with small businesses for various services.
  • According to the American Action Forum, the new joint employer standard could result in 1.7 million fewer jobs.
A sample of strong support for H.R. 3441

H.R. 3043 – Hydropower Policy Modernization Act of 2017
Sponsored by Rep. Cathy McMorris Rodgers

Passage Vote Count
Rep: 231-3
Dem: 26-163
Final Vote: 257-166

Summary: Improves the regulatory permitting process to provide timeliness and greater certainty for hydropower projects.

  • The Federal Energy Regulatory Commission (FERC) has jurisdiction over non-federal hydropower projects but lacks the authority to improve the complex licensing process
  • Hydropower generation is a key element of our “all-of-the-above” energy strategy; however, the licensing of a new hydropower project can take over a decade and costs tens of millions of dollars
  • H.R. 3043:
    • Designates FERC as the lead agency and establishes timelines and procedures for FERC to follow to resolve disputes and enforce scheduling deadlines
    • Facilitates greater consultation with Federal, State, and local agencies, and Indian tribes
    • Increases accountability and transparency, minimizes the duplication of studies, and expedites approval process for early upgrades
Support for H.R. 3043

H.R. 2201 - Micro Offering Safe Harbor Act
Sponsored by Rep. Tom Emmer

Passage Vote Count
Rep: 232-1
Dem: 0-187
Final Vote: 232-188

Summary: Defines the “nonpublic offering” exemption under the Securities Act of 1933 and provides small businesses with clarity and confidence to know that their offering is not a Securities Act violation.

  • Current law exempts securities transactions by an issuer that do not involve a public securities offering
  • This standard, however, can be confusing for small businesses and start-ups that rely upon nonpublic offerings, such as a `friends and family' round, to generate initial, early-stage capital
  • H.R. 2201 clarifies the registration exemption for nonpublic offerings, by exempting transactions where:
    • (1) the purchaser has a pre-existing relationship with the business owners,
    • (2) the number of purchasers is less than 35, and
    • (3) the total amount of securities sold by the issuer within a 12 month period does not exceed $500,000
  • The bill in no way restricts the ability of the SEC to investigate and prosecute securities fraud



The House will return to session on Monday, November 13th.  In addition to tax reform, we expect to potentially consider:




Today, the Ways and Means Committee approved the Tax Cuts and Jobs Act (H.R. 1). As the House prepares to consider the legislation, the Ways and Means Team would like to provide you with a resource kit, which includes:

  • Policy highlights
  • Summary of changes made during markup
  • What this means for families back home
  • Taxpayer stories
  • Markup recaps
  • Quotes from the White House, job creators, and conservative leaders
  • Charge and response

Click here to read more.






DAY 1:
Amendments Adopted:
Chairman Brady Amendment in the Nature of a Substitute (
Chairman Brady Amendment (
Summary Document): The amendment makes improvements to the amendment in the nature of a substitute relating to the exclusion from income for employer-provided dependent care assistance, protects the integrity of the Earned Income Tax Credit program, focuses the excise tax on net investment income of educational institutions on application to institutions with endowment assets of at least $250,000 per student, ensures that other changes in the bill do not disturb the characterization for tax purposes of income earned by songwriters when they sell their catalogue of compositions, ensures that employees of start-up companies can share in the success of the business they are helping to build by better aligning the recognition of stock-based compensation for tax purposes, imposes an additional holding period requirement with respect to gains on a carried interest, and better tailors the bill's international base erosion rules.

DAY 2:
Amendments Adopted:

  • No amendments were adopted

Amendments Defeated:

DAY 3:
Amendments Adopted:

  • No amendments were adopted

Amendments Defeated:

BREAKING: AT&T Pledges Additional $1 Billion Investment in the U.S. if Tax Reform Enacted,
Pro-Family Tax Reforms That Help All Americans,
Tax Reform Means Tax Cuts for All Americans Regardless of Income,
Additional Docs:

  • Chairman Brady’s Amendment in the Nature of a Substitute, here
  • Chairman Brady’s Amendment to the AINS (Adopted 11/6), here

DAY 4:
Amendments Adopted:

Amendments Defeated:

National Federation of Independent Business Supports Amendment to House Tax Reform Bill,
RATE Coalition Statement on Committee Approval of the Tax Cuts and Jobs Act,
U.S. Chamber Applauds House Ways and Means Committee for Passing Pro-Growth Tax Reform,
COMMITTEE APPROVED: Ways and Means Passes Historic Tax Cuts and Jobs Act,



This chart shows how TCJA will cut taxes for Americans living in districts represented by Ways and Means Committee Members – specifically for the median household of four in each district that will take the standard deduction under the new law.






Big win for local businesses this week - congrats to Rep. Byrne!

KEY VOTES for the Save Local Business Act
American Hotel and Lodging Association – Key Vote
Americans for Prosperity – Key Vote
Associated Builders and Contractors – Key Vote
Independent Electrical Contractors – Key Vote
International Foodservice Distributors Association – Key Vote
International Franchise Association – Key Vote
National Association of Home Builders – Key Vote
National Association of Manufacturers – Key Vote
National Federation of Independent Businesses – Key Vote
National Retail Federation – Key Vote
National Taxpayers Union – Key Vote
U.S. Chamber of Commerce – Key Vote
Workforce Fairness Institute – Key Vote




Click to see who won!

Have a great weekend!