Today’s Daily Update

The Senate continues consideration of the Keystone XL Pipeline.

House

 

Yesterday:

  • LNG Permitting Certainty and Transparency Act: The House passed H.R. 351, to provide for expedited approval of exportation of natural gas, by a yea-and-nay vote of 277 yeas to 133 nays, Roll No. 50.
  • Rejected the Garamendi motion to recommit the bill to the Committee on Energy and Commerce with instructions to report the same back to the House forthwith with an amendment, by a yea-and-nay vote of 175 yeas to 237 nays, Roll No. 49.
  • H. Res. 48, the rule providing for consideration of the bill (H.R. 351), was agreed to on January 27.
  • Meeting Hour: Agreed by unanimous consent that when the House adjourns today, it adjourn to meet at 2 p.m. on Friday, January 30th and further, when the House adjourns on that day, it adjourn to meet at 12 noon on Monday, February 2nd for Morning Hour debate.

Today:

  • The House is not in session today.

 

Senate

 

Yesterday:

  • Keystone XL Pipeline–Agreement: Senate continued consideration of S. 1, to approve the Keystone XL Pipeline, after agreeing to Murkowski Amendment No. 2, in the nature of a substitute, as amended, which will be considered as original text for the purpose of further amendment, and taking action on the following amendments proposed thereto:
  • Adopted:
    • Collins/Warner Amendment No. 35 (to Amendment No. 2), to coordinate the provision of energy retrofitting assistance to schools. (A unanimous-consent agreement was reached providing that the requirement of a 60 affirmative vote threshold, be vitiated.)
    • Murkowski Amendment No. 2, in the nature of a substitute. (Amendment, as amended and agreed to, will be considered as original text for the purpose of further amendment.)
  • Rejected:
    • By 36 yeas to 62 nays (Vote No. 31), Cardin Amendment No. 75 (to Amendment No. 2), to provide communities that rely on drinking water from a source that may be affected by a tar sands spill from the Keystone XL pipeline an analysis of the potential risks to public health and the environment from a leak or rupture of the pipeline. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
    • By 40 yeas to 58 nays (vote No. 32), Peters/Stabenow Amendment No. 70 (to Amendment No. 2), to require that the Administrator of the Pipeline and Hazardous Materials Safety Administration make a certification and submit to Congress the results of a study before the pipeline may be constructed, connected, operated, or maintained. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
    • By 40 yeas to 58 nays (Vote No. 33), Sanders Amendment No. 23 (to Amendment No. 2), to increase the quantity of solar photovoltaic electricity by providing rebates for the purchase and installation of an additional 10,000,000 photovoltaic systems by 2025. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
    • By 53 yeas to 45 nays (Vote No. 34), Cruz Amendment No. 15 (to Amendment No. 2), to promote economic growth and job creation by increasing exports. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
    • By 54 yeas to 44 nays (Vote No. 35), Moran/Cruz Amendment No. 73 (to Amendment No. 2), to delist the lesser prairie-chicken as a threatened species under the Endangered Species Act of 1973. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
    • By 44 yeas to 52 nays (Vote No. 36), Whitehouse Amendment No. 148 (to Amendment No. 2), to require campaign finance disclosures for certain persons benefitting from tar sands development. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
    • By 50 yeas to 47 nays (Vote No. 37), Daines Amendment No. 132 (to Amendment No. 2), to express the sense of Congress regarding the designation of National Monuments. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
    • By 47 yeas to 51 nays (Vote No. 38), Coons Amendment No. 115 (to Amendment No. 2), to express the sense of Congress regarding climate change and infrastructure. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
    • By 50 yeas to 48 nays (Vote No. 39), Murkowski Amendment No. 166 (to Amendment No. 2), to release certain wilderness study areas from management for preservation as wilderness. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
    • By 47 yeas to 51 nays (Vote No. 40), Heitkamp Amendment No. 133 (to Amendment No. 2), to express the sense of Congress that the Internal Revenue Code of 1986 should be amended to extend the credit with respect to facilities producing energy from certain renewable resources. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
    • By 35 yeas to 63 nays (Vote No. 41), Cantwell (for Gillibrand) Amendment No. 48 (to Amendment No. 2), to modify the definition of underground injection. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.)
  • Withdrawn:
    • Merkley Amendment No. 125 (to Amendment No. 2), to eliminate unnecessary tax subsidies and provide infrastructure funding.
    • Carper Amendment No. 120 (to Amendment No. 2), to amend the Internal Revenue Code of 1986 to extend the credits for new qualified fuel cell motor vehicles and alternative fuel vehicle refueling property.
  • Pending:
    • Vitter/Cassidy Further Modified Amendment No. 80, to provide for the distribution of revenues from certain areas of the outer Continental Shelf.
    • Murkowski (for Sullivan) Amendment No. 67 (to Amendment No. 2), to restrict the authority of the Environmental Protection Agency to arm agency personnel.
    • Murkowski Amendment No. 98 (to Amendment No. 2), to express the sense of Congress relating to adaptation projects in the United States Arctic region and rural communities.
    • Flake Amendment No. 103 (to Amendment No. 2), to require the evaluation and consolidation of duplicative green building programs.
    • Boxer Amendment No. 130 (to Amendment No. 2), to preserve existing permits and the authority of the agencies issuing the permits to modify the permits if necessary.
    • Merkley Amendment No. 174 (to Amendment No. 2), to express the sense of Congress that the United States should prioritize and fund adaptation projects in communities in the United States while also helping to fund climate change adaptation in developing countries.
    • Cantwell/Boxer Amendment No. 131 (to Amendment No. 2), to ensure that if the Keystone XL Pipeline is built, it will be built safely and in compliance with United States environmental laws.
    • Tillis/Burr Amendment No. 102 (to Amendment No. 2), to provide for leasing on the outer Continental Shelf and the distribution of certain qualified revenues from such leasing.
    • Markey Amendment No. 178 (to Amendment No. 2), to ensure that products derived from tar sands are treated as crude oil for purposes of the Federal excise tax on petroleum.
    • Markey Amendment No. 141 (to Amendment No. 2), to delay the effective date until the President determines that the pipeline will not have certain negative impacts.
    • Booker Amendment No. 155 (to Amendment No. 2), to allow permitting agencies to consider new circumstances and new information.
    • Burr Modified Amendment No. 92 (to Amendment No. 2), to permanently reauthorize the Land and Water Conservation Fund.
    • Cardin Amendment No. 124 (to Amendment No. 2), to clarify that treaties with Indian tribes remain in effect.
    • Cantwell (for Peters/Stabenow) Amendment No. 55 (to Amendment No. 2), to require a study of the potential environmental impact of by-products of the Keystone XL pipeline.
    • Murkowski (for Barrasso) Amendment No. 245 (to Amendment No. 2), to clarify that treaties with Indian tribes remain in effect.
    • Daines Amendment No. 246 (to Amendment No. 2), to express the sense of Congress that reauthorizing the Land and Water Conservation Fund should be a priority.
    • Udall Amendment No. 77, to establish a renewable electricity standard.
  • Subsequently, the motion to reconsider the vote by which cloture was not invoked on Murkowski Amendment No. 2, in the nature of a substitute, on Monday, January 26, 2015, was rendered moot.
  • A unanimous-consent-time agreement was reached providing that at approximately 10:30 a.m., on Thursday, January 29, 2015, Senate will continue consideration of the bill, additional amendments; that all amendments on this list be subject to a 60 vote affirmative threshold for adoption, and that no second-degree amendments be in order to any of the pending amendments to the bill; Senate agree to proceed to the motion to reconsider the failed cloture vote on the bill; that the motion to reconsider be agreed to, and Senate vote on the motion to invoke cloture on the bill, upon reconsideration; if cloture is invoked on the bill as amended, all post-cloture time be considered and expired at 2:30 p.m.
  • A unanimous-consent agreement was reached providing for further consideration of the bill at approximately 10:30 a.m., on Thursday, January 29, 2015.

Today:

  • The Senate stands adjourned until 9:30am on Thursday, January 29, 2015.
  • Following any Leader remarks, the Senate will be in a period of morning business for one hour, with the Democrats controlling the first half and the Republicans controlling the final half. Following morning business, the Senate will resume consideration of S.1, a bill to approve the Keystone XL Pipeline. There will be up to 15 minutes for debate equally divided and controlled in the usual form. The Senate will then proceed to up to 6 roll call votes on amendments and on the motion to invoke cloture on S.1, upon reconsideration.
    • If cloture is invoked, all post-cloture debate time will be considered expired at 2:30pm and the Senate will proceed to up to 6 roll call votes. We expect points of order to be raised against pending amendments that are not in order post-cloture. The Senate would then dispose of the remaining pending and germane amendments and on passage of the bill, as amended.
  • Approx: 11:00am—up to 7 roll call votes:
    • 1. Barrasso amendment #245 (tribal treaties)
    • 2. Cardin amendment #124 (tribal treaty requirements)
    • 3. Daines amendment #246 (SoS Land and Water Conservation Fund) –side by side to Burr amendment #92
    • 4. Burr amendment #92, as modified (Land and Water Conservation Fund)
    • 5. Vitter amendment #80, as further modified (OCS)
    • 6. Udall #77 (renewable electricity standards)
    • 7. Cloture on S.1, Keystone
  • 2:30pm—up to 6 roll call votes:
    • 1. Booker amendment #155 (new circumstances)
    • 2. Markey amendment #141 (delay effective date)
    • 3. Markey amendment #178 (oil spill liability trust fund)
    • 4. Cantwell amendment #131 (U.S. environmental laws)
    • 5. Boxer amendment #130 (permit savings clause)
    • 6. Passage of S.1, as amended, a bill to approve the Keystone pipeline

 

Hearings Covered by W&J Today

 

AEI
Prospects for Patent Reform in the 114th Congress: Breakfast Briefing with Sen. John Cornyn

Senate Judiciary
Attorney General Nominations

Senate Energy & Natural Resources
LNG Permitting Certainty And Transparency Act

Senate Banking
Markup: “Nuclear Weapon Free Iran Act of 2015”

 

Notable Legislation Introduced Yesterday

 

FINANCIAL SERVICES

H.R.597 : To reauthorize the Export-Import Bank of the United States, and for other purposes.
Sponsor: Rep Fincher, Stephen Lee [TN-8] (introduced 1/28/2015) Cosponsors (57)
Committees: House Financial Services
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.601 : To amend the Gramm-Leach-Bliley Act to provide an exception to the annual privacy notice requirement.
Sponsor: Rep Luetkemeyer, Blaine [MO-3] (introduced 1/28/2015) Cosponsors (16)
Committees: House Financial Services
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

HEALTH

H.R.582 : To amend title III of the Public Health Service Act to provide for the establishment and implementation of guidelines on best practices for diagnosis, treatment, and management of mild traumatic brain injuries (MTBIs) in school-aged children, and for other purposes.
Sponsor: Rep Pascrell, Bill, Jr. [NJ-9] (introduced 1/28/2015) Cosponsors (1)
Committees: House Energy and Commerce
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.588 : To preserve Medicare beneficiary choice by restoring and expanding the Medicare open enrollment and disenrollment opportunities repealed by section 3204(a) of the Patient Protection and Affordable Care Act.
Sponsor: Rep Rothfus, Keith J. [PA-12] (introduced 1/28/2015) Cosponsors (1)
Committees: House Ways and Means; House Energy and Commerce
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R.592 : To amend title XVIII of the Social Security Act to provide for coverage under the Medicare program of pharmacist services.
Sponsor: Rep Guthrie, Brett [KY-2] (introduced 1/28/2015) Cosponsors (3)
Committees: House Energy and Commerce; House Ways and Means
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R.596 : To repeal the Patient Protection and Affordable Care Act and health care-related provisions in the Health Care and Education Reconciliation Act of 2010, and for other purposes.
Sponsor: Rep Byrne, Bradley [AL-1] (introduced 1/28/2015) Cosponsors (None)
Committees: House Energy and Commerce; House Education and the Workforce; House Ways and Means; House Judiciary; House Natural Resources; House Rules; House Administration; House Appropriations; House Budget
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, Ways and Means, the Judiciary, Natural Resources, Rules, House Administration, Appropriations, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R.605 : To amend title XVIII of the Social Security Act to provide for the coverage of home as a site of care for infusion therapy under the Medicare program, and for other purposes.
Sponsor: Rep Engel, Eliot L. [NY-16] (introduced 1/28/2015) Cosponsors (5)
Committees: House Energy and Commerce; House Ways and Means
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R.617 : To amend the Public Health Service Act to enhance the clinical trial registry data bank reporting requirements and enforcement measures.
Sponsor: Rep Reed, Tom [NY-23] (introduced 1/28/2015) Cosponsors (1)
Committees: House Energy and Commerce
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

TAX

H.R.589 : To amend the Internal Revenue Code of 1986 to repeal the inclusion in gross income of Social Security benefits.
Sponsor: Rep Massie, Thomas [KY-4] (introduced 1/28/2015) Cosponsors (7)
Committees: House Ways and Means
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

H.R.620 : To amend the Internal Revenue Code of 1986 to expand the denial of deduction for certain excessive employee remuneration.
Sponsor: Rep Van Hollen, Chris [MD-8] (introduced 1/28/2015) Cosponsors (16)
Committees: House Ways and Means
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

S.274 : A bill to prohibit the Department of the Treasury from assigning tax statuses to organizations based on their political beliefs and activities.
Sponsor: Sen Cruz, Ted [TX] (introduced 1/28/2015) Cosponsors (3)
Committees: Senate Finance
Latest Major Action: 1/28/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TELECOMMUNICATIONS

H.R.615 : To amend the Homeland Security Act of 2002 to require the Under Secretary for Management of the Department of Homeland Security to take administrative action to achieve and maintain interoperable communications capabilities among the components of the Department of Homeland Security, and for other purposes.
Sponsor: Rep Payne, Donald M., Jr. [NJ-10] (introduced 1/28/2015) Cosponsors (3)
Committees: House Homeland Security
Latest Major Action: 1/28/2015 Referred to House committee. Status: Referred to the House Committee on Homeland Security.