THE DAILY WHIP: TUESDAY, DECEMBER 1, 2015

H.Res. 539 – Rule providing for consideration of H.R. 8 – North American Energy Security and Infrastructure Act of 2015 (Rep. Upton – Energy and Commerce), S.J.Res. 23 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to “Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units” (Sen. McConnell – Energy and Commerce) and S.J.Res. 24 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units” (Sen. Capito – Energy and Commerce) (One hour of debate).  The Rules Committee has recommended one Rule which would provide for consideration of three bills.

The Rule provides for one hour of general debate on H.R. 8, equally divided between the Chair and Ranking Member of the Committee on Energy and Commerce.  A second Rule providing for amendments to H.R. 8 is expected to be considered on the Floor tomorrow.

For S.J.Res. 23, 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 Energy and Commerce.  The Rule allows one motion to commit and waives all points of order against the joint resolution.

For S.J.Res. 24, 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 Energy and Commerce.  The Rule allows one motion to commit and waives all points of order against the joint resolution.  Members are urged to VOTE NO.

S.J.Res. 23– Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to “Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units” (Sen. McConnell – Energy and Commerce)(One hour of debate). S.J.Res. 23 would disapprove of the Environmental Protection Agency’s (EPA) final August 2015 rule (published in the Federal Register in October 2015) to regulate carbon pollution from new electric power plants or power plants undertaking significant modifications. It would also prevent EPA from taking any “substantially similar” regulatory action to control such emissions in the future. S.J.Res. 23 would slow the transition to cleaner power sources which not only puts the American people at risk and exposes them to dangerous carbon pollution, but further exacerbates climate change and puts our natural resources at risk.

In November 2015, the Senate passed S.J.Res. 23 using expedited procedures under the Congressional Review Act which allowed for a closed process and allowed a simple majority vote on the Senate Floor.

In the Statement of Administration Policy, which was issued when the Senate considered the Joint Resolution, the President stated that he would veto this resolution.

Bill Text for S.J.Res. 23:
PDF Version

S.J.Res. 24– Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units” (Sen. Capito – Energy and Commerce) (One hour of debate). S.J.Res. 24 would disapprove of the Environmental Protection Agency’s (EPA) final August 2015 rule (published in the Federal Register in October 2015) to regulate carbon pollution from existing electric power plants.  Like the resolution on new plants, this resolution would also prevent EPA from taking any “substantially similar” regulatory action to control carbon pollution from existing plants in the future. S.J.Res. 24 would slow the transition to cleaner power sources which not only puts the American people at risk and exposes them to dangerous carbon pollution, but further exacerbates climate change and puts our natural resources at risk.

In November 2015, the Senate passed S.J.Res. 24 using expedited procedures under the Congressional Review Act which allowed for a closed process and allowed a simple majority vote on the Senate Floor.

In the Statement of Administration Policy, which was issued when the Senate considered the Joint Resolution, the President stated that he would veto this resolution.

Bill Text for S.J.Res. 24:
PDF Version

Begin 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.

Bill Text for H.R. 8:
PDF Version

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

Suspension (1 bill)

1. H.R. 4127– Intelligence Authorization Act for Fiscal Year 2016 (Rep. Nunes – Intelligence). This bill constitutes bicameral compromise legislation based on H.R. 2596, which passed the House on June 16, 2015.  The compromise text, H.R. 4127, authorizes amounts for fiscal year 2016 for the operations of sixteen U.S. intelligence agencies, including the Central Intelligence Agency, the National Security Agency, and the Defense Intelligence Agency.  The bill also provides authorization for a number of critical intelligence activities, including combating terrorism, countering the proliferation of weapons of mass destruction, sustaining activities in Afghanistan and Iraq, and preventing cyberattacks.   The White House issued a Statement of Policy against House passage of H.R. 2596 last June based on concerns of misuse of the Overseas Contingency Operations Fund to fund base intelligence operations.   In light of the Bipartisan Budget Act signed by the President on November 2, 2015, those concerns have been eliminated.  However, consistent with the National Defense Authorization Act which was signed into law by the President on November 25, 2015, this measure expands restrictions on the President's ability to transfer individuals detained at Guantanamo Bay, Cuba. The classified annex to the bill contains the dollar amounts and personnel ceilings for each intelligence program and is available to Members via the House Permanent Select Committee on Intelligence.

Postponed Suspension (1 bill)

1. S. 1170 – Breast Cancer Research Stamp Reauthorization Act of 2015 (Sen. Feinstein – Oversight and Government Reform)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Wednesday, December 2: The House will meet at 12:00 p.m. for legislative business.  The House is expected to continue consideration of H.R. 8 – North American Energy Security and Infrastructure Act of 2015 (Rep. Upton – Energy and Commerce) (Subject to a Rule).