THE DAILY WHIP: WEDNESDAY, JULY 25, 2012

For Immediate Release:

July 25, 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

1:00 – 2:00 p.m. 6:00 – 7:00 p.m.

Complete Consideration of H.R. 6082 – Replace President Obama's Responsible Job-Creating Drilling Plan with Another Big-Oil Giveaway bill (Rep. Hastings (WA) - Natural Resources) H.R. 6082 replaces the Interior Department's current five-year offshore leasing plan and makes 29 offshore areas available for sale, up from the current 15. The measure revives several lease sales proposed four days prior to the end of the Bush Administration in the same week that the Republicans are seeking to limit so-called “midnight regulations.”  It modifies the NEPA review process as it applies to leases added to the five-year plan, and it includes provisions for initiating additional lease sales near South Carolina and to account for defense activities near the Virginia coast. The bill ignores the fact that President Obama’s offshore drilling plan already makes more than 75% of the offshore oil and gas resources available for drilling.  The measure forces drilling off the East and West Coasts and in Bristol Bay off of Alaska while limiting proper environmental review.

H.R. 6082 is the eleventh bill reported out of the Natural Resources Committee in the last 18 months, intended to open up nearly every piece of our public lands to drilling. Instead of working to finish extending middle class tax relief for all middle class Americans, or working to help America’s farmers, the House will have spent over 100 hours of Floor time on 11 separate drilling bills over the last 18 months. The Republican leadership continues to waste valuable Floor time on political votes that have no chance of becoming law.

As of yesterday, the House had completed all debate on H.R. 6082. Today, the House will take votes on amendments, motion to recommit and passage of H.R. 6082. The following amendments have recorded votes pending:

Rep. Holt Amendment #2. Would strike a provision from the underlying bill that would truncate environmental reviews for new drilling
Rep. Markey Amendment #4.
Would require that natural gas produced pursuant to this Act stay in the United States for American consumers
Rep. Markey Amendment #5.
Would create a statutory requirement that new leases offered pursuant to this Act require drilling safety improvements in response to the BP Deepwater Horizon disaster
Rep. Holt Amendment #6.
Would end royalty free drilling in the Gulf of Mexico by requiring oil companies to pay in order to receive new leases on public lands
Rep. Hastings (FL) Amendment #7.
Would require each drilling permit application to include an estimate of how much the price of gasoline will decrease as a result of any oil or natural gas found under the permit
Rep. Hastings (FL) Amendment #8.
Would require each drilling permit application to estimate the amount of oil or natural gas that is expected to be recovered under the permit and the likely global climate change that will result from the consumption of those commodities

Bill Text for H.R. 6082:
HTML Version

PDF Version

Background for H.R. 6082:
House Report (HTML Version)

House Report (PDF Version)

Begin Consideration of H.R. 4078Red Tape Reduction and Small Business Job Creation Act, (Rep. Griffin - Oversight and Government Reform/Judiciary) H.R. 4078 compiles the text of 7 bills – three reported by the Judiciary Committee, two reported by the Oversight and Government Reform Committee and two reported by the Financial Services Committee. The bill imposes a moratorium on federal rule making, bans the promulgation of “midnight rules” and includes numerous provisions intended to reduce or streamline the federal regulatory process. The bill modifies the environmental review process for federally funded projects and for federal permits for private projects in order to expedite the process by setting deadlines on agency reviews. The bill requires the Security and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to conduct cost-benefit analyses of all new regulatory proposals, and allows private interests to intervene in the process of developing consent decrees and settlement agreements that require federal agencies to take specified regulatory actions. It also expands and modifies the Unfunded Mandates Reform Act by requiring that independent agencies conduct analyses of their proposed rules and by requiring all federal agencies to consult with the private sector when developing rules.

This is just another example of the Republican leadership continuing to waste valuable Floor time on political votes that have no chance of becoming law, instead of working to finish extending middle class tax relief for all middle class Americans or on a comprehensive jobs plan that would put Americans back to work and grow our economy.

The Rule makes in order 25 amendments, each debatable for 10 minutes, equally divided between the offeror and an opponent. The amendments are:

Rep. Hastings (FL) Amendment. Would provide an exception to the underlying legislation so that agencies would be able to issue regulations intended to ensure safe drinking water supplies
Rep. Conyers Amendment.
Would exempt regulatory actions pertaining to privacy from Title I of the bill and exempts midnight rules pertaining to privacy from Title II of the bill. The amendment would also exempt consent decrees and settlement agreements in an action to compel agency action pertaining to privacy from Title III of the bill
Rep. Kucinich Amendment.
Would exempt from the provisions of the bill any significant regulatory action specifically aimed at limiting oil speculation
Rep. Lipinski Amendment.
Would exempt from the provisions of the bill regulations that are intended to promote energy efficiency
Rep. Markey Amendment.
Would allow regulations protecting the public from extreme weather, including drought, flooding and catastrophic wildfire, to go forward despite the prohibitions in the underlying bill
Rep. Watt Amendment.
Would exempt regulatory actions by the U.S. Patent and Trademark Office that streamline the application process for patents and trademarks, including rules implementing the micro entity provision of the Leahy-Smith America Invents Act, from Title I of the bill and exempts midnight rules implementing such provisions from Title II of the bill. The amendment also would exempt consent decrees and settlement agreements in an action to compel agency action by the PTO to help streamline the application process for patents and trademarks from Title III of the bill
Rep. Loebsack Amendment.
Would exempt from the provisions of the bill regulatory actions that would lower prices for gasoline, diesel, oil, or other motor fuels
Rep. Richardson Amendment #8.
Would ensure that the provisions of the Patient Protection and Affordable Care Act and the health provisions of the Health Care and Education Reconciliation Act of 2010 can be carried out
Rep. Richardson Amendment #9.
Would allow regulations that protect consumers under the Fair Credit Reporting Act
Rep. Connolly Amendment.
Would clarify the procedure for considering a request for a congressional waiver by the President
Rep. Posey Amendment.
Would require that awarded attorney’s fees and costs for small businesses in Title I would be paid out of the administrative budget of the office in the agency that proposed the regulation
Rep. Nadler Amendment.
Would exempt issues relating to nuclear power plants from the obstacles to establishing safety protections in the following titles of H.R. 4078: Title I (Regulatory Freeze for Jobs Act); Title III (Sunshine for Regulatory Decrees and Settlements Act); Title V (Responsibly and Professionally Invigorating Development (RAPID) Act)
Rep. McKinley Amendment.
Rep. McKinley Amendment. Would reduce the term “significant regulatory action” from $100,000,000 or more to $50,000,000 or more in annual cost to the economy.
Rep. Schweikert Amendment.
Would define "annual cost to the economy" as being inclusive of business revenue, so that determination of the bill's application shall be accurately applied
Rep. George Miller Amendment.
Would exempt from the definition of significant regulatory action a rule that would prevent or reduce deaths or injuries caused by explosions and fires related to the ignition of combustible dusts in the workplace
Rep. Woolsey Amendment.
Would exempt from the definition of significant regulatory action a rule that would prevent or reduce the number of workers suffering from electrocutions or other fatalities associated with working on high voltage transmission and distribution lines
Rep. Johnson (GA) Amendment.
Would exempt from the provisions of the bill a consent decree or settlement agreement pertaining to the Affordable Care Act
Rep. Waters Amendment.
Would authorize appropriations 1) to enable the SEC and CFTC to carry out the additional cost/benefit analysis requirements under the bill; 2) for costs of litigation incurred by the Commissions related to the requirements under the bill
Reps. Fitzpatrick/Garrett Amendment.
 Would direct the Securities and Exchange Commission to take into account the costs of section 404b of Sarbanes-Oxley on companies with a public float less than $250 million, compared to the benefit
Rep. Posey Amendment.
Would keep the U.S. Securities and Exchange Commission (SEC) from enforcing or issuing interpretive guidance on climate change
Rep. Maloney Amendment.
Would mandate that Title VI cannot take effect until the Chair of the SEC certifies that in conducting the cost benefit analysis no resources will be diverted away from the SEC’s mission to protect investors, maintain efficient markets and promote access to capital
Reps. Manzullo/ McIntyre Amendment.
Would require each Federal agency to submit and obtain approval from the Director of the Office of Science and Technology Policy (OSTP) guidelines for ensuring and maximizing the quality, objectivity, utility, and integrity of scientific information relied upon by the agency
Rep. Lummis Amendment #23.
Would add a new Title to the bill requiring the tracking and reporting of all payments issued pursuant to the Equal Access to Justice Act (EAJA). Would establish a publicly available, online searchable database to access information regarding EAJA payments and the parties involved in the adjudicatory action leading to an EAJA payment.
Rep. Lummis Amendment #24.
Would add a new Title to the bill that amends the Equal Access to Justice Act (EAJA) to require a consistent net worth limit, and a direct and personal interest in an adjudicatory action to be eligible for an EAJA payment. Would establish a publicly available, online searchable database to access information regarding EAJA payments and the parties involved in the adjudicatory action leading to an EAJA payment
Rep. Posey Amendment.
Would make it clear that the definition of "significant regulatory action" would include new Treasury regulations regarding non-resident alien deposits

Bill Text for H.R. 4078:
PDF Version

Suspension (1 bill)

  1. H.R. 6168 - President Obama’s Proposed 2012-2017 Offshore Drilling Lease Sale Plan Act (Rep. Hastings (WA) - Natural Resources)

Postponed Suspension Vote (1 vote)

  1. H.R. 459 – Federal Reserve Transparency Act of 2012 (Rep. Paul – Oversight and Government Reform/Financial Services) - This bill directs the GAO to complete an audit of the monetary policy deliberations, actions, and related matters taken by the Federal Reserve System before the end of 2012, followed by a detailed report to Congress. The bill would also repeal existing restrictions on the GAO’s authority to perform audits of Federal Reserve monetary policy activities. Like all other major central banks around the world, the Federal Reserve is an independent central bank, and its monetary policy actions are not subject to approval by the Administration or Congress. While Congress has set out the policy goals the Federal Reserve is to pursue - maximum employment and price stability - the ability of the Federal Reserve to pursue monetary policy independent of political influence is critical to its ability to fulfill its dual mandate. Moreover, Congress already conducts regular and robust oversight of the Federal Reserve and actually expanded GAO’s audit authority two years ago in the Dodd-Frank Wall Street Reform and Consumer Protection Act. It expanded the types of audits GAO may conduct of the Federal Reserve, as well as the data that must be disclosed to the public. The Federal Reserve’s financial accounts have long been subject to audit both by the GAO and an outside, independent audit firm. This bill impedes the independence of this critical institution. In order for the Federal Reserve to do its job effectively, it should not be subject to short-term political pressures. The experience during debate on the debt ceiling last summer should demonstrate to the American public that House Republicans cannot be allowed to hold our economy or our critical economic institutions hostage in order to further their extreme agenda. Members are urged to VOTE NO.

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, July 26: The House will meet at 9:00 a.m. for legislative business. The House will consider H.Con.Res. 134 - Condemning, in the strongest possible terms, the heinous atrocities that occurred in Aurora, Colorado (Rep. Perlmutter)- pursuant to a unanimous consent agreement. The House is also expected to complete consideration of H.R. 4078 – Red Tape Reduction Act (Rep. Griffin – Oversight and Government Reform/Judiciary).

 
The Daily Quote

“Republicans set out to ban new regulations until unemployment was below 6 percent, but an apparent typo in the bill means the trigger is actually a 6 percent ‘employment’ rate instead. The bill says a regulatory moratorium is in place until Labor Secretary ‘determines that the Bureau of Labor Statistics average of monthly employment rates for any quarter beginning after the date of the enactment of this Act is equal to or less than 6.0 percent.’”

-     Roll Call, 7/24/12