THE DAILY WHIP: THURSDAY, DECEMBER 3, 2015

House Meets At:	First Vote Predicted:	Last Vote Predicted:
9:00 a.m.: Legislative Business Five “One Minutes”	10:00 – 11:00 a.m.	12:30 – 1:30 p.m.

H.Res. 546 – Rule providing for consideration of the Conference Report to Accompany H.R. 22 – Surface Transportation Reauthorization and Reform Act of 2015 (Rep. Shuster – Transportation and Infrastructure) (One hour of debate).  For the Conference Report to Accompany H.R. 22, the Rules Committee has recommended a Rule that provides for debate on the conference report be divided pursuant to clause 8(d) of Rule XXII.  The Rule allows one motion to recommit and waives all points of order against the conference report and against its consideration. 

Complete Consideration of H.R. 8– North American Energy Security and Infrastructure Act of 2015 (Rep. Upton – Energy and Commerce) (One hour of debate). H.R. 8 would require that the Federal Energy Regulatory Commission (FERC) decide on natural gas pipeline applications within 90 days, regardless of the complexity of the application.  Currently, FERC conducts thorough inspections and surveys to ensure that people and the environment are protected.  Also, H.R. 8 would make it easier to build natural gas pipelines through national parks such as Yosemite and Yellowstone.  

If enacted, H.R. 8 would also prevent the Department of Energy (DOE) from providing any assistance to any proposed building code that does not meet a payback period of ten years or less. H.R. 8 would also remove a protection for consumers who purchase appliances that are not energy efficient.  The bill would prevent the creation of the express or implied warranty based on a product’s participation in the Energy Star Program which would allow consumers to seek restitution when they purchase Energy Star products that do not deliver the associated energy savings.

Lastly, the majority intends to strip language from the bill to create a new minority workforce energy training grant program at the DOE targeted to help minorities, women, and veterans find work and build careers in the industry.  

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

The Rule provides for no further general or amendment debate and made in order 38 amendments, debatable for 10 minutes, equally divided between the offeror and an opponent.  The complete list of amendments can be found HERE.

The following amendments have recorded votes pending as of last night:

Cramer Amendment. Authorizes utilities to conduct voluntary vegetation management within 150 feet of the exterior boundary of utility rights-of-way. Prevents the sale of vegetation and limits legal liability.
Rouzer Amendment. Repeals the March 2015 EPA final rule establishing federal standards for residential wood heaters.
Pallone Amendment. Prohibits the underlying bill from taking effect until after the Energy Information Administration analyzes and publishes a report on the carbon impacts of the bill's provisions.

Bill Text for H.R. 8:
PDF Version

Background for H.R. 8:
House Report (HTML Version)
House Report (PDF Version)

Conference Report to Accompany H.R. 22 – Surface Transportation Reauthorization and Reform Act of 2015 (Rep. Shuster – Transportation and Infrastructure) (One hour of debate). Conference Report authorizes $302B in obligations, paid for, for highway and transit programs for an additional five years or through FY2020, and also authorizes funding for Amtrak and other programs.  The long-term measure provides much needed certainty to meet our nation’s infrastructure need.  It enables state and local governments to undertake large-scale projects which were not possible under the short-term, stop gap measures previously used to fund our country’s transportation system. 

The measure improves the movement of goods by funding the Nationally Significant Freight and Highway Projects Program (NSFHP).  The NSFHP program will facilitate and streamline cooperation between existing federal, state, local governments, as well as with private funders, to reduce congestion and general national and regional economic benefits, and facilitate the efficient movement of freight.  Also, the National Highway Freight Program expanded in the bill requires the re-designation of the network every five years to reflect changes in freight and critical commerce corridors and any additional changes in freight flow.

Also, the measures converts the Surface Transportation Program (STP) to a block grant program and increases the amount of the STP funding that is distributed to local governments from 50% to 55% over the life of the legislation. One of the measures put forward to increase flexibility for local governments is allowing the Transportation Alternatives program to be rolled in the STP.  

As an offset, the measure lowers the amount of the Strategic Petroleum Reserve (SPR) to be sold from 101 million barrels to 66 million barrels, and includes language that keeps the 530 million total SPR size floor.  Additionally, the measure contains several energy security related provisions that: direct the Secretary of Energy to adopt procedures that streamline and enhance communication between the Department of Energy (DOE), Federal partners, and state and local governments to improve emergency response and recover; allow the Secretary of Energy to address grid security emergencies if the President provides a directive or determination identifying the need for one; requires the DOE  to submit a plan to Congress evaluating the feasibility of establishing a Strategic Transformer Reserve for storage of large power transformers and emergency mobile substations; and direct the Secretary of Energy, in collaboration with the Secretary of State, to ensure that actions that would impact the availability, supply, and use of energy are evaluated in regards to energy security.

This legislation shows that safety is a priority in our nation’s public transportation system by requiring the Secretary of Transportation to undertake a review of safety standards and protocols and evaluate the need to establish federal minimum public transportation safety standards.  Overall, the measure grants more flexibility to state and local governments, safety is still made a priority through the establishment of national standards and thresholds through the Secretary of Transportation and the Federal Transit Administration (FTA).

This measure combines the House and Senate provisions related to the Federal Reserve, with modifications. The offsets include a reduction in the Federal Reserve dividend paid to banks with assets of $10 billion or more and the use of funds from the Federal Reserves surplus account.

Lastly, the conference report includes a reauthorization of the Export-Import Bank, through FY2019, identical to the legislation that passed the House in October by a vote of 313-118. 

The conference report strengthens and improves our nation’s federal highway, transit, highway safety, hazardous materials, and passenger rail programs.  Most importantly, it provides much needed certainty so federal and state and local governments can make long-term plans to build sustainable roads, bridges, and infrastructure projects, while maintaining a strong commitment to commuter safety.

The Daily Quote

“The fate of the U.S. Export-Import Bank, a federally chartered agency that Congress once routinely reauthorized without even a formal vote, has roiled conservative politics in recent months, dividing business-oriented Republicans from fiscal hardliners… Closing the bank, which provides financing to companies to cover unpredictable expenses associated with doing business overseas, became a battle cry among the House conservatives who forced Speaker John Boehner's resignation. Controversy over the bank stalled a major trade bill, sparked a nasty clash between Ted Cruz and Senate Majority Leader Mitch McConnell and led in June to the expiration of the bank's charter for the first time since its creation in 1934. The Ex-Im Bank, as it's become known, now appears to be back on track to win reauthorization in Congress. Its supporters in October used a rare parliamentary maneuver to resuscitate the bank's prospects, and a provision to reauthorize it is now tucked into a bipartisan transportation bill that is expected to win approval.”    -   The Hill, 12/3/2015