THE DAILY WHIP: WEDNESDAY, JUNE 20, 2012

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 - 2:00 p.m. 2:00 - 2:30 p.m.

**Members are advised that today, the House is only expecting one vote series.  Any recorded votes requested on amendments to H.R. 4480 will be postponed until tomorrow. 

H.Res. 691Rule providing for consideration of H.R. 4480 Strategic Energy Production Act of 2012 (One Hour of debate) The Rules Committee has recommended a structured Rule that provides for two hours of general debate equally divided among the Chair and Ranking Member of the Committee on Energy and Commerce, and the Chair and Ranking Member of the Committee on Natural Resources. The Rule allows 27 amendments, each debatable for 10 minutes equally divided between the offeror and an opponent. It also provides one motion to recommit, with or without instructions. Lastly, it waives all points of order against the legislation.

The Rules committee once again rejected a motion by Mr. Polis of Colorado to consider H.R. 4480 under an open Rule. The committee also rejected a motion by Mr. McGovern of Massachusetts that would make in order his amendment which would eliminate subsidies to oil companies.

H.R. 4480 – Strategic Energy Production Act of 2012 (Rep. Gardner – Energy and Commerce/Natural Resources) (Two hours of debate) H.R. 4480 compiles the text of 7 bills – two reported by the Energy and Commerce Committee and five reported by the Natural Resources Committee. This measure seeks to increase domestic oil and gas production and reduce regulation of the energy industry in order to reduce energy prices and boost economic growth. It however, does more to seek to promote domestic drilling and rolls back critical clean air protections as a way of lowering environmental compliance costs for refineries.  Specifically, the bill delays the implementation of certain EPA air quality and fuels regulations and creates an interagency committee to review the impact of EPA rules and regulations on energy prices and the broader economy. It also changes the management of the Strategic Petroleum Reserve (SPR) to require additional oil and gas leasing on federal public lands and waters commensurate with a release of the Reserve’s oil.

The bill requires the Interior Department to develop a strategic plan for the nation's energy needs over 30 years and set domestic production goals to meet demand; increases the amount of federal land available for energy production and streamlines the process for approving drilling permits; and sets new standards for judicial review of civil actions filed against energy lease sales or drilling permits. Continued Republican efforts to expedite drilling fails to recognize that our public lands and waters are significantly producing. The Energy Information Administration reports that oil production from federal lands and waters was higher during the first three years of the Obama Administration than the last three years of President George W. Bush. In addition, oil imports are the lowest since 1997.

Despite Republican’s claims, the bill is not a comprehensive jobs plan and will do nothing to put Americans back to work or grow our economy. Members are urged to VOTE NO.

The Rule makes in order 27 amendments, each debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Rep. Hastings (WA) Manager’s Amendment Would make technical corrections, eliminate the designation of the Colville River as an Aquatic Resource of national importance and require additional right of ways in the National Petroleum Reserve Alaska (NPR-A)
Polis (CO) Amendment
Would exclude hydraulic fracturing activities within 1,000 feet of a primary or secondary school
Terry (NE)/Mack (FL) Amendment
Would require the Federal Energy Regulatory Commission (FERC) to issue a permit for the construction of the Keystone XL Pipeline within 30 days from the day an application is submitted to the FERC. The proposed permit is for the segment of the pipeline from the Canadian border to the South Dakota/Nebraska border
Quigley (IL) Amendment
Would seek to ensure that protection of the marine and coastal environment is of primary importance in making areas of the outer Continental Shelf available for leasing, exploration, and development rather than expeditious development of oil and gas resources, to prohibit oil and gas leasing, exploration, and development in important ecological areas of the outer Continental Shelf
McKinley (WV) Amendment #5
Would require the consultation and input of the National Energy Technology Laboratory (NETL) under the Transportation Fuels Regulatory Committee within Title II of the legislation. NETL will work with the Committee to analyze and report on the impacts of the rules and actions of the EPA on our nation's gasoline, diesel fuel, and natural gas prices
McKinley (WV) Amendment #6
Would require under section 203 of the bill to conduct an analysis relating to the growth, stability, and sustainability of the nation's oil and gas industries and compare it to that of other countries. The amendment would require the Committee to look at other nation's regulation and enforcement relating to the oil and gas industry and the effect of those policies on such industries
Waxman (CA) Amendment
Would provide that the rules described in section 205(a) shall not be delayed if the pollution that would be controlled by the rules contributes to asthma attacks, acute and chronic bronchitis, heart attacks, cancer, birth defects, neurological damage, premature death, or other serious harms to human health
Connolly (VA) Amendment
Would define the term "public health" in the Clean Air Act as the health of humans
Gene Green (TX) Amendment
Would strike section 206 of the bill, which would require the consideration of feasibility and costs in revising or supplementing national ambient air quality standards for ozone
Terry (NE) Amendment
Would give the EPA the ability to waive certain fuel requirements in a geographic area for 20 days, with a possibility of an additional 20-day extension, when there is a problem with distribution or delivery of fuel or fuel additives. The amendment would also direct the EPA and Department of Energy to conduct the Fuel Harmonization Study required by the Energy Policy Act of 2005 by June 2014
Rush (IL) Amendment
Would provide that Sections 205 and 206 shall cease to be effective if the Administrator of the Energy Information Administration determines that implementation of this title is not projected to lower gasoline prices and create jobs in the United States within 10 years
Holt (NJ) Amendment #12
Would seek to reduce the number of onshore leases on which oil and gas production is not occurring as an incentive for oil and gas companies to begin producing on the leases that they already hold
Lewis (GA) Amendment
Would clarify that the section requiring a $5,000 protest fee shall not infringe upon the protections afforded by the First Amendment to the Constitution to petition for the redress of grievances
Amodei (NV) Amendment
Would prohibit the Secretary of the Interior from moving any aspect of the Solid Minerals program administered by the Bureau of Land Management (BLM) to the Office of Surface Mining, Reclamation and Enforcement (OSM)
Markey (MA) Amendment
Would prohibit oil and gas produced under new leases authorized by this legislation from being exported to foreign countries
Landry (LA) Amendment
Would raise the cap of revenue shared among the Gulf States who produce energy on the Outer Continental Shelf starting in FY2023 from $500 million to $750 million
Rigell (VA) Amendment
Would require the Secretary of the Interior to include Outer Continental Shelf(OCS) Lease Sale 220 off the coast of Virginia in the 5 Year Plan for OCS oil and gas drilling and to conduct Lease Sale 220 within one year of enactment. In addition, the amendment would also ensure that no oil and gas drilling may be conducted off the coast of Virginia which would conflict with military operations
Holt (NJ) Amendment #18
Would end free drilling in the Gulf of Mexico by requiring oil companies to pay royalties on previously royalty-free leases in order to receive new leases on public lands
Wittman (VA)/Rigell (VA) Amendment
Would expedite the process for the Bureau of Ocean Energy Management (BOEM) to approve temporary infrastructure, such as towers or buoys, to test and develop offshore wind power in the Outer Continental Shelf
Westmoreland (GA)/Braley (IA) Amendment
Would lessen the regulatory burden on deli -style display cases by making Service-Over-the-Counter (SOTC) refrigerator units into a separate product classification
Bass (CA) Amendment #21
Would require the Transportation Fuels Regulatory Committee to conduct an analysis of how to shield American consumers and the United States economy from gasoline price fluctuations and supply disruptions in the oil market by reducing the dependence of the United States on oil
Bass (CA) Amendment #22
Would require the Transportation Fuels Regulatory Committee to assess the impact of human exposure to pollutants in the air, water, and land
Capps (CA) Amendment
Would remove the requirements in Title II of the bill to conduct an analysis, issue a report, and delay rules if the Secretary of Energy determines that the analyses are "infeasible to conduct, require data that does not exist, or would generate results subject to such large estimates of uncertainty that the results would be neither reliable nor useful."
Hanabusa (HI) Amendment
Would require the Secretary of Interior in consultation with the Secretary of Agriculture to include in their Quadrennial Federal Onshore Energy Production Strategy, the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of geothermal, solar, wind, or other renewable energy sources on lands designated as Hawaiian Home Lands
Speier (CA) Amendment
Would strike language in the underlying legislation that would require drilling permits to be deemed approved a 60 day deadline, which could expose public lands to undue risk
DeLauro (CT)/Markey (MA)/Frank (MA) Amendment
Would require $128 million received from the sale of new leases issued pursuant to this legislation to be made available to fully fund the Commodity Futures Trading Commission to limit speculation in energy market
Jackson-Lee (TX) Amendment Would establish an Office of Energy Employment and Training, as well as, an Office of Minority and Women Inclusion that would be responsible for all matters relating to diversity in management, employment, and business activities

Bill Text for H.R. 4480:
PDF Version

Background for H.R. 4480:
House Report (HTML Version)

House Report (PDF Version)

Suspension Bill (1 Bill):

  1. House Amendment to S. 3187 – Food and Drug Administration Safety and Innovation Act (Sen. Harkin – Energy and Commerce)

Motion to Instruct Conferees on H.R. 4348 – Surface Transportation Extension Act of 2012, Part II (Rep. McKinley)

Postponed Vote (1 Vote):

  1. Motion to Instruct Conferees on H.R. 4348 – Surface Transportation Extension Act of 2012, Part II (Rep. Walz)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, June 21: The House will meet at 9:00 a.m. for legislative business. The House is expected to complete consideration of H.R. 4480 – Strategic Energy Production Act of 2012 (Rep. Gardner – Energy and Commerce/Natural Resources).

 
The Daily Quote

“A plurality of Americans now say they are better off than they were when President Barack Obama was inaugurated… Forty-five percent of those surveyed in a Bloomberg National Poll say they are better off than at the beginning of 2009 compared with 36 percent who say they are worse off. In March, poll respondents split almost evenly on that question after having been decidedly negative since the aftermath of the worst recession in seven decades.”

-      Bloomberg, 6/20/12