THE DAILY WHIP: WEDNESDAY, DECEMBER 2, 2015

H.Res. 542 – Rule providing for consideration of H.R. 8 – North American Energy Security and Infrastructure Act of 2015 (Rep. Upton – Energy and Commerce) and the Conference Report to Accompany S. 1177 – Student Success Act (Rep. Kline – Education and the Workforce) (One hour of debate).  The Rules Committee has recommended one Rule which would provide for consideration of two bills.

For H.R. 8, the Rules Committee has recommended a structured Rule for amendments.  The Rule provides for consideration of 38 amendments, each debatable for 10 minutes, equally controlled by the proponent and opponent of the amendment.

For the Conference Report to Accompany S. 1177, the Rules Committee has allowed 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.

The Rules Committee rejected a motion by Mr. McGovern of Massachusetts to consider H.R. 8 under an open Rule. Members are urged to VOTE NO.

Conference Report to Accompany S. 1177 – Every Student Succeeds Act (Rep. Kline – Education and the Workforce)(One hour of debate).  The conference report builds on the progress of The Student Success Act (H.R. 5) passed by the House and the Every Child Achieves Act (S.1177) passed by the Senate to reauthorize the Elementary and Secondary Education Act in a way that fixes the problems of No Child Left Behind and maintains the civil rights legacy of the original law.

The bill would increase education funding over the four year authorization while significantly streamlining and reducing the number of existing federal programs.  It authorizes dedicated funding for priorities such as innovation, teacher quality, afterschool programming, STEM education, arts education, healthy students, literacy other priorities.  Community support is funded through grants for both the Promise Neighborhoods and Full Service Community Schools programs, which leverage community resources to help families and students succeed.  Additionally, the Preschool Development Grants program is authorized to use existing funding to support state initiatives to improve coordination, quality and access for early childhood education, a program that will be administered by the U.S. Department of Health and Human Services.

The bill also replaces the flawed adequate yearly progress accountability system with a comprehensive state-designed system that allows states to more accurately identify and provide support and resources to struggling schools by requiring them to submit plans to the Secretary of Education to verify that each state’s plan is consistent with federal standards and is not in violation of federal law.  This new accountability system builds on State-led innovation in measuring school quality and would require action to improve student learning in the state’s lowest-performing schools, schools with high dropout rates, and schools in which any subgroup of students is consistently underperforming.

Annual statewide assessments in reading and math in grades 3 through 8 and once in high school, as well as science tests given three times between grades 3 and 12, are maintained.  But instead of measuring school performance solely based on test scores, states can use other indicators of student success and school performance by taking into account things like access to advanced coursework, school climate and safety, and student engagement.  While the federal government maintains a threshold for education standards, the conference report allows states more flexibility in tailoring their academic achievement standards in reading and math and does not allow the federal government to mandate or incentivize states to adopt any specific set of standards, like Common Core.

The framework helps at risk and underperforming students by giving states and school districts more flexibility.  It uses weighted student funding formulas that take into account certain student characteristics, such as income level and English learner students.  Additionally, the conference report updates and improves support to rural schools, including those that serve students near military bases, federal lands, and American Indian reservations, by providing flexibility so that those districts can more effectively implement programs tailored to their needs.  Grants are also provided to support programs for American Indian, Alaska Native, and Native Hawaiian students to ensure that cultural needs are taken into consideration when it comes to their education.  The conference report creates the Student Support and Academic Enrichment grant program that will help ensure that students receive a well-rounded education that takes into account local priorities, while maintaining federal standards.

Continue 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 debate and makes 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.

Bill Text for H.R. 8:
PDF Version

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

Postponed Vote (1 vote)

Democratic Motion to Instruct Conferees on H.R. 644 – Trade Facilitation and Trade Enforcement Act of 2015 (Offered by Rep. Kuster)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, December 3: The House will meet at 9:00 a.m. for legislative business.  The House is expected to complete consideration of H.R. 8 – North American Energy Security and Infrastructure Act of 2015 (Rep. Upton – Energy and Commerce).  The House is also expected to consider the Conference Report to Accompany H.R. 22 – Surface Transportation Reauthorization and Reform Act of 2015.