THE DAILY WHIP: WEDNESDAY, FEBRUARY 15, 2012

For Immediate Release:

February 15, 2012

Contact:

Katie GrantDaniel Reilly, 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” per side

1:30 - 2:30 p.m. 6:00 - 7:00 p.m.

***MEMBERS ARE ADVISED THAT ANY EXPECTED ABSENCES SHOULD BE REPORTED TO THE WHIP’S OFFICE AT x5-3130.

H.Res. 547Rule providing for consideration of H.R. 3408 - Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act (Rep. Lamborn - Natural Resources/Energy and Commerce) (One Hour of debate), H.R. 3813 - Securing Annuities for Federal Employees Act of 2012 (Rep. Ross (FL) – Oversight and Government Reform (One Hour of debate) and general debate on H.R. 7 - “American Energy and Infrastructure Jobs Act” (Rep. Mica – Transportation and Infrastructure). The Rules Committee has recommended a structured Rule that provides for consideration of two separate bills (H.R. 3408 and H.R. 3813) and provides for one hour of general debate on H.R. 7.

For H.R. 3408, the Rule provides for one hour of general debate with 40 minutes equally divided and controlled by the chair and ranking member of the Committee on Natural Resources and 20 minutes equally divided and controlled by the chair and ranking member of the Committee on Energy and Commerce. The Rule allows 20 amendments debatable for 10 minutes equally divided between the offeror and an opponent. It does allow one motion to recommit, with or without instructions, and it also waives all points of order against the legislation.

For 3813, the Rule provides for one hour of general debate equally divided and controlled by the chair and ranking member of the Committee on Oversight and Government Reform.  The Rule allows 3 amendments debatable for 10 minutes equally divided between the offeror and an opponent. It does allow one motion to recommit, with or without instructions, and it also waives all points of order against the legislation.

For H.R. 7, the Rule provides for one hour of general debate equally divided and controlled by the chair and ranking member of the Committee on Transportation and Infrastructure.  The Rules committee is expected to meet again and report a second Rule that would provide for amendments to H.R. 7. 

The Rule would also direct the Clerk, that upon engrossment of H.R. 7, to add the texts of H.R. 3408 and H.R. 3813, as passed, and retain the title and section designations as they appear in the Rules Committee print.

The Rules committee rejected a motion by Mr. Hastings of Florida to consider the bills under an open Rule. The Rules committee also rejected two motions by Mr. McGovern to make in order an amendment to H.R. 3408 and H.R. 7, that would eliminate tax incentives for oil and gas companies. Despite repeated promises by Republicans to allow for an open amendment process, the Majority has produced a convoluted Rule that allows for Republicans to once again block important amendments, and restrict debate. Members are urged to VOTE NO on H.Res. 547.

Begin Consideration of H.R. 3408 - Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act (Rep. Lamborn - Natural Resources/Energy and Commerce) (One hour of debate) The bill would expand onshore and offshore drilling intended to help offset the cost of H.R. 7 – “American Energy and Infrastructure Jobs Act”, however, it would only generate less than 2% of the revenue needed to support the transportation projects that the bill authorizes over the next five years. At the last minute, House Republican leaders decided to separate the consolidated transportation bill into 3 pieces, the transportation authorization bill, and 2 offset bills: H.R. 3408, and a bill to cut federal employee pensions, so that they can be considered on the House floor individually.  After being considered separately, H.Res. 547 provides that the measures as amended and passed by the House would be added back into the transportation bill (H.R. 7) before it is sent to the Senate.

The bill also includes a provision to shift permitting authority for the controversial Keystone XL pipeline from the State Department to the Federal Regulatory Energy Commission (FERC) and would give FERC 30 days to approve a permit. The bill opens up the Arctic National Wildlife Refuge (ANWR) to oil and gas drilling, mandates drilling off the east and west coast of the United States, directing priority lease sales off the coast of Southern California and Virginia, and in the restricted eastern Gulf of Mexico near Florida. 

The measure does nothing to ensure drilling safety and produces very little savings to help offset the transportation bill.  House Republicans have continued their ideological streak by taking a traditionally bipartisan issue and putting forward a partisan bill. Adding in controversial provisions relating to the Keystone XL pipeline and drilling in ANWR, while reducing highway funding, cutting jobs, and putting safety at risk are not actions that bring about strong bipartisan support. Members are urged to VOTE NO on H.R. 3408.

The Rule makes in order 20 amendments, each debatable for 10 minutes, equally divided between the offeror and an opponent. The amendments are:

Rep. Eshoo Amendment. Would require the Federal Energy Regulatory Commission to review the results of the Pipeline and Hazardous Materials Safety Administration (PHMSA) study, as required by the bipartisan pipeline safety bill (P.L 112-90), before issuing a permit for the Keystone XL pipeline
Reps. Markey/Cohen/Welch/Connolly Amendment.
Would ensure that if the Keystone XL pipeline is built, the oil that it transports to the Gulf of Mexico and the fuels made from that oil remain in this country to benefit Americans. Would allow the President to waive this requirement if it can be shown that an export of the oil or fuels won't increase our dependence on oil or fuels we buy from hostile nations, that prices for refiners and consumers won't go up if the export occurs, or if an export is needed to comply with any international treaties or other agreements we have to export oil or fuels
Rep. Rush Amendment.
Would amend Title XIV, Keystone XL pipeline to prohibit the issuance of a permit absent conditions that restrict the ability of the permit recipient from initiating or threatening to initiate proceedings to invoke the power of eminent domain against the will of a property's owner for the purposes of constructing or operating the Keystone XL pipeline
Reps. Doyle/Murphy (CT) Amendment. Would require that a permit for the Keystone XL pipeline is not to be issued or deemed issued unless the permit applicant can certify and provide adequate documentation to FERC that at least 75% of the iron and steel to be 'used in domestic portion of the pipeline is produced in North America 
Rep. Polis Amendment. Would strike subtitle A of title XVII and provides a five year window offset through increasing the federal share of drilling revenue
Rep. Hastings (WA) Amendment #154 Would change the underlying bill's requirement that the Department of the Interior offer two areas for lease sale for each area that is deferred from leasing at the request of the Department of Defense to requiring a one for one replacement. It restates the existing Presidential authority under the Outer Continental Shelf Lands Act to restrict areas on the outer continental shelf from oil and gas exploration and development for national defense reasons. The amendment would also change the date in the bill for North Aleutian Basin lease sale (an area in Alaska’s Bristol Bay located in the southern Bering Sea) to 2015 rather than one year after enactment of the Act
Rep. Capps Amendment.
Would strike Section 17304, relating to oil and gas lease sales in the Southern California planning area, and part 4, relating to OCS revenue sharing with coastal states
Rep. Bilirakis Amendment. Would require the Secretary to conduct an economic impact survey to determine the economic effects that lease sales within 100 miles of the coast of Florida will have on the Florida fishing and tourism industries
Reps. Bishop (NY)/Crowley/Rangel/Pascrell/Pingree Amendment. Would prohibit oil and natural gas lease sales in the northeast U.S.
Rep. Richmond Amendment. Would allow oil and gas revenues to be used for coastal wetlands conservation, coastal restoration, hurricane protection, or infrastructure projects directly impacted by coastal wetland losses. Currently, HR 7 contains a prohibition on how states can use oil and gas revenues. Energy producing states use offshore oil and gas revenues to fund their required state cost share of hurricane protection and coastline restoration programs.
Reps. Landry/Richmond Amendment.  Would raise the Gulf of Mexico Energy Security Act cap to $750 million per year starting in year 2023 until2055. The amendment would keep the $500 million cap per year in place through year 2022
Rep. Deutch Amendment. Would require a person to include in the application for a drilling lease an estimate of the economic impact, including job losses, resulting from a worst-case discharge of oil from facilities operating under the lease
Reps. Thompson (CA)/Woolsey Amendment. Would clarify that the legislation does not allow for oil and gas drilling on the northern coast of California
Reps. Holt/Bass (NH)/Dingell/Dold/Gerlach/Murphy (CT)/Kind Amendment.
Would affirm that nothing in the underlying bill will affect funding for the Land and Water Conservation Fund (LWCF)
Rep. Hanabusa Amendment.  Would require that offshore oil and gas leases contain specific safety requirements
Rep. Hastings (WA) Amendment #157. Would streamline the NEPA process to allow for expedited development of renewable energy projects on federal lands and waters
Rep. Markey Amendment #53. Would expand on the oil export ban already included in the Arctic drilling subtitle (Sec. 17706) to prohibit export of any natural gas produced pursuant to a lease issued under Title XVII of this Act
Rep. Markey Amendment #54.
Would require companies holding defective leases which allow them to drill on public lands off-shore without paying a royalty, to renegotiate those leases prior to bidding on new leases issued pursuant to Title XVII of this Act
Rep. Labrador Amendment. Would minimize NEPA requirements for a geothermal exploration test project so a project can quickly move forward if resources are found
Reps. Scalise/Bonner/Landry/Miller(FL)/Palazzo/Southerland/Olson/Richmond Amendment. Would dedicate Clean Water Act penalties associated with the Deepwater Horizon disaster to the Gulf Coast Restoration Trust Fund

Bill Text for H.R. 3408:
PDF Version

Background for H.R. 3408:
House Report (HTML Version)

House Report (PDF Version)
CRS Report
- U.S. Offshore Oil and Gas Resources: Prospects and Processes

Postponed Suspension Bills (3 votes):

  1. H.R. 2079 - To designate the facility of the United States Postal Service located at 10 Main Street in East Rockaway, New York, as the “John J. Cook Post Office” (Rep. McCarthy (NY) - Oversight and Government Reform)
  2. H.R. 3247 - To designate the facility of the United States Postal Service located at 1100 Town and Country Commons in Chesterfield, Missouri, as the “Lance Corporal Matthew P. Pathenos Post Office Building” (Rep. Akin - Oversight and Government Reform)
  3. H.R. 3248 - To designate the facility of the United States Postal Service located at 112 South 5th Street in Saint Charles, Missouri, as the “Lance Corporal Drew W. Weaver Post Office Building” (Rep. Akin - Oversight and Government Reform)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, February 16: The House will meet at 12:00 p.m. for legislative business. The House is expected to complete consideration of H.R. 3408 - Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act.  The House is expected to consider H.R. 3813 - Securing Annuities for Federal Employees Act of 2012 (Rep. Ross (FL) – Oversight and Government Reform (Subject to a Rule), and may consider legislation related to Payroll/UI/SGR. 

 
The Daily Quote

“Speaker John Boehner is scrapping plans to pursue his signature transportation and energy package as one large measure and will instead break it into three smaller pieces, a move GOP aides said is aimed at overcoming internal Republican opposition….But privately, GOP aides said leadership had come to terms with the fact that parochial divisions within the Republican Conference, united Democratic opposition and a conservative faction opposed to federal highway spending had made the measure politically unwieldy.”

-     Roll Call, 2/14/12