Today’s Daily Update

The House will consider the Conference Report to Accompany H.R. 22 – Surface Transportation Reauthorization and Reform Act of 2015 and will complete Consideration of H.R. 8 – North American Energy Security and Infrastructure Act of 2015. The Senate will resume consideration of H.R.3762, the reconciliation bill and expects to consider the conference report to accompany H.R.22, Surface Transportation.

House

 

Yesterday:

  • Motion to Instruct Conferees: The House rejected the Kuster motion to instruct conferees on H.R. 644 by a yea-and-nay vote of 193 yeas to 232 nays, Roll No. 655. The motion was debated yesterday, December 1st.
  • Subsequently, the Chair appointed the following conferees on H.R. 644: Representatives Brady (TX), Reichert, Tiberi, Levin, and Linda T. Sanchez (CA).
  • Every Child Achieves Act of 2015: The House agreed to the conference report to accompany S. 1177, to reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves, by a yea-and-nay vote of 359 yeas to 64 nays, Roll No. 665.
    • H. Res. 542, the rule providing for further consideration of the bill (H.R. 8) and the conference report to accompany the bill (S. 1177) was agreed to by a recorded vote of 240 ayes to 181 noes, Roll No. 654, after the previous question was ordered by a yea-and-nay vote of 243 yeas to 177 nays, Roll No. 653.
  • North American Energy Security and Infrastructure Act of 2015: The House resumed consideration of H.R. 8, to modernize energy infrastructure, build a 21st century energy and manufacturing workforce, bolster America’s energy security and diplomacy, and promote energy efficiency and government accountability. Consideration is expected to continue tomorrow, December 3rd
    • Pursuant to the Rule, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-36 shall be considered as an original bill for the purpose of amendment under the five-minute rule, in lieu of the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill.
    • Agreed to:
      • Peters amendment (No. 3 printed in H. Rept. 114-359) that includes energy storage as a form of energy that DOE should consider to enhance emergency preparedness for energy supply disruptions during natural disasters;
      • Franks (AZ) amendment (No. 4 printed in H. Rept. 114-359) that secures the most critical components of America’s electrical infrastructure against the threat posed by a potentially catastrophic electromagnetic pulse;
      • Poliquin amendment (No. 5 printed in H. Rept. 114-359) that clarifies that electric plants can be considered reliable without having to enter into supply contracts that are greater than one year;
      • Veasey amendment (No. 6 printed in H. Rept. 114-359) that requires the Department of Energy to submit a report to Congress on the potential effects commercial utilization of Carbon Capture and Sequestration could have on the economy, energy infrastructure and greenhouse gas emission goals;
      • McKinley amendment (No. 7 printed in H. Rept. 114-359) that directs the Secretary of Energy and the Secretary of Commerce, in consultation with other relevant agencies and stakeholders, to conduct a study on the feasibility of establishing an ethane storage and distribution hub in the United States;
      • Ellmers (NC) amendment (No. 8 printed in H. Rept. 114-359) that makes a statement of policy on grid modernization;
      • Jackson Lee amendment (No. 9 printed in H. Rept. 114-359), as modified, that directs the Secretary of Energy to submit to the Congress a report on methods to increase electric grid resilience with respect to all threats, including cyber attacks, vandalism, terrorism, and severe weather, no later than 120 days after the date of enactment of the Act;
      • Kildee amendment (No. 10 printed in H. Rept. 114-359) that instructs the GAO to study ways to improve the National Response Center;
      • Garamendi amendment (No. 12 printed in H. Rept. 114-359) that includes energy transportation in the list of considerations for the Energy Security Valuation report in Sec. 3002;
      • McKinley amendment (No. 13 printed in H. Rept. 114-359) that ensures that no permit for the construction, operation, or maintenance of an export facility can be denied until all reviews required under the National Environmental Policy Act of 1969 are complete;
      • Takano amendment (No. 16 printed in H. Rept. 114-359) that requires a GAO Report to be submitted to Congress on the potential of battery energy storage;
      • Peters amendment (No. 18 printed in H. Rept. 114-359) that requires the Secretary of Energy to report on energy savings and greenhouse gas emissions reduction from conversion of captured methane to energy;
      • Brooks (IN) amendment (No. 20 printed in H. Rept. 114-359) that calls on the Department of Energy to review and update the data used for a 9 year old federal study on re-refined oil, and requires the development of a strategy to increase its collections and sustainability;
        Upton amendment (No. 21 printed in H. Rept. 114-359) that makes a technical fix to DOE’s External Power Supply Rule;
      • Upton amendment (No. 1 printed in H. Rept. 114-359) that strikes a number of provisions, some of which have already been enacted into law, and makes technical and conforming changes to the reported text of H.R. 8, H.R. 2295, and H.R. 2358 (by a recorded vote of 246 ayes to 177 noes, Roll No. 656);
      • Gene Green (TX) amendment (No. 14 printed in H. Rept. 114-359) that creates a permitting process through the Department of Energy, FERC, and Department of State for cross-border infrastructure projects (by a recorded vote of 263 ayes to 158 noes, Roll No. 658);
        Barton amendment (No. 25 printed in H. Rept. 114-359) that repeals restrictions on the export of crude oil and includes provisions of H.R. 702 as passed by the House (by a recorded vote of 255 ayes to 168 noes, Roll No. 664);
      • Duffy amendment (No. 27 printed in H. Rept. 114-359) that requires the EPA to satisfy regulatory planning and review requirements established by the Clinton and Obama Administrations;
      • Gosar amendment (No. 28 printed in H. Rept. 114-359) that ensures timely review for legal challenges of energy projects on federal land and limits attorney fees in order to discourage frivolous lawsuits and foster energy production;
      • Upton amendment (No. 29 printed in H. Rept. 114-359) that requires the Department of Energy and Department of Commerce to conduct a study regarding the legal and regulatory barriers that delay, prohibit, or impede the export of natural energy resources;
      • Castor (FL) amendment (No. 31 printed in H. Rept. 114-359) that allows community solar projects to be connected to their power distribution system and allows the electricity produced by the community solar facility to be credited directly to each of the consumers that owns a share of the system;
      • DeSaulnier amendment (No. 32 printed in H. Rept. 114-359) that requires the Department of Energy to study the maximum level of volatility that is consistent with the safest practicable shipment of crude oil;
      • Deutch amendment (No. 33 printed in H. Rept. 114-359) that promotes the research, development, and demonstration of marine hydrokinetic energy technologies and improves the regulatory process for such programs;
      • Grayson amendment (No. 34 printed in H. Rept. 114-359) that establishes minimum privacy standards for ”Smart Meters” and their use in the smart grid;
      • Jackson Lee amendment (No. 35 printed in H. Rept. 114-359) that directs the Secretaries of Energy and Commerce to jointly establish an energy enterprise competition to encourage youth to propose solutions to the energy challenges of the United States and to promote youth interest in careers in science, technology, engineering, and math, especially as those fields relate to energy;
      • Meng amendment (No. 36 printed in H. Rept. 114-359) that strikes terms such as ”Oriental” and ”Negro” from two sections of title 42 of the U.S. Code, and replaces them with culturally appropriate terms; and
      • Norcross amendment (No. 38 printed in H. Rept. 114-359) that directs the Secretary of Energy to study weaknesses in the security architecture of certain smart meters currently available.
    • Rejected:
      • Tonko amendment (No. 2 printed in H. Rept. 114-359) that sought to strike Section 1101 (by a recorded vote of 179 ayes to 244 noes, Roll No. 657);
      • Beyer amendment (No. 17 printed in H. Rept. 114-359) that sought to strike the repeal of Section 433 of the Energy Independence and Security Act which establishes targets for reducing energy from fossil fuels in federal buildings (by a recorded vote of 172 ayes to 246 noes, Roll No. 659);
      • Schakowsky amendment (No. 19 printed in H. Rept. 114-359) that sought to strip Section 4125 from the bill; Section 4125 eliminates an existing consumer right to recover costs due to manufacturer misrepresentation of Energy Star products (by a recorded vote of 183 ayes to 239 noes, Roll No. 660);
      • Tonko amendment (No. 22 printed in H. Rept. 114-359) that sought to reauthorize the Weatherization Assistance Program and the State Energy Program through Fiscal Year 2020 (by a recorded vote of 198 ayes to 224 noes, Roll No. 661);
      • Castor (FL) amendment (No. 23 printed in H. Rept. 114-359) that sought to strengthen energy infrastructure resiliency and improves energy efficiency by incentivizing local renewable thermal (heating and cooling) energy and waste heat such as combined heat and power and by providing technical assistance to eligible entities to establish distributed energy systems (by a recorded vote of 175 ayes to 247 noes, Roll No. 662); and
      • Polis amendment (No. 24 printed in H. Rept. 114-359) that sought to require the Secretary of the Interior to notify landowners, and any adjacent landholders, when federally owned minerals beneath their land have been leased for oil and gas development (by a recorded vote of 206 ayes to 216 noes, Roll No. 663).
    • Proceedings Postponed:
      • Cramer amendment (No. 26 printed in H. Rept. 114-359) that seeks to authorize voluntary vegetation management within 150 feet of the exterior boundary of the right-of-way near structures; prevents sale of vegetation and limits legal liability;
      • Rouzer amendment (No. 30 printed in H. Rept. 114-359) that seeks to repeal the March 2015 EPA final rule establishing federal standards for residential wood heaters; and
      • Pallone amendment (No. 37 printed in H. Rept. 114-359) that seeks to prohibit the Act from taking effect until after the Energy Information Administration analyzed and published a report on the carbon impacts of the Act’s provisions.
    • H. Res. 542, the rule providing for further consideration of the bill (H.R. 8) and the conference report to accompany the bill (S. 1177) was agreed to by a recorded vote of 240 ayes to 181 noes, Roll No. 654, after the previous question was ordered by a yea-and-nay vote of 243 yeas to 177 nays, Roll No. 653.

Today:

  • On Thursday, the House will meet at 9:00 a.m. for legislative business. First votes expected: 10:00-11:00 a.m. Last votes expected: 12:30-1:30 p.m.
  • Consideration of the Conference Report to Accompany H.R. 22 – Surface Transportation Reauthorization and Reform Act of 2015 (Conference Report Rule, One Hour of Debate) (Sponsored by Rep. Bill Shuster / Transportation and Infrastructure Committee)
  • Complete Consideration of H.R. 8 – North American Energy Security and Infrastructure Act of 2015, Rules Committee Print (General Debate Rule, One Hour of Debate) (Sponsored by Rep. Fred Upton / Energy and Commerce Committee)
  • Postponed Amendment Votes:
    • Rep. Kevin Cramer Amendment
    • Rep. David Rouzer Amendment
    • Rep. Frank Pallone Amendment

 

Senate

 

Yesterday:

  • Measures Considered:
  • Restoring Americans’ Healthcare Freedom Reconciliation Act–Agreement: Senate continued consideration of H.R. 3762, to provide for reconciliation pursuant to section 2002 of the concurrent resolution on the budget for fiscal year 2016, taking action on the following amendments proposed thereto:
    • Pending:
      • McConnell Amendment No. 2874, in the nature of a substitute.
      • Murray/Wyden Amendment No. 2876 (to Amendment No. 2874), to ensure that this Act does not increase the number of uninsured women or increase the number of unintended pregnancies by establishing a women’s health care and clinic security and safety fund.
      • Johnson Amendment No. 2875 (to Amendment No. 2874), to amend the Patient Protection and Affordable Care Act to ensure that individuals can keep their health insurance coverage.
    • A unanimous-consent agreement was reached providing for further consideration of the bill at approximately 9:30 a.m., on Thursday, December 3, 2015, with the time until 1:30 p.m. equally divided in the usual form; and that all debate time on the bill be deemed expired at 1:30 p.m.

Today:

  • The Senate stands adjourned until 9:30am on Thursday, December 3, 2015.
  • Following any Leader remarks, the Senate will resume consideration of H.R.3762, the reconciliation bill, with the time until 1:30pm equally divided.
  • At 1:30pm, all debate time on H.R.3762 will be expired. Senators should expect a series of roll call votes beginning at 1:30pm.
  • In addition to H.R.3762, we also expect to consider the conference report to accompany H.R.22, Surface Transportation.
  • Amendments pending to H.R.3762, Reconciliation
    • McConnell amendment #2874 (substitute)
    • Murray amendment #2876 (women’s health care security)
    • Johnson amendment #2875 (keep your plan)

 

Hearings Covered by W&J Today

 

Joint Economic Committee
“The Economic Outlook”

House Armed Services Committee
“Stakeholder Views on Military Health Care”

 

Notable Legislation Introduced

  

ENERGY

H.R.4162: To promote the domestic development and deployment of clean energy technologies required for the 21st century.
Sponsor: Rep Lofgren, Zoe [CA-19] (introduced 12/2/2015) Cosponsors (1)
Committees: House Ways and Means; House Energy and Commerce
Latest Major Action: 12/2/2015 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.

HEALTH

H.R.4155: To require the Center for Medicare and Medicaid Innovation to test the effect of including telehealth services in Medicare health care delivery reform models.
Sponsor: Rep Black, Diane [TN-6] (introduced 12/2/2015) Cosponsors (None)
Committees: House Energy and Commerce; House Ways and Means
Latest Major Action: 12/2/2015 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.

S.2343: A bill to require the Center for Medicare and Medicaid Innovation to test the effect of including telehealth services in Medicare health care delivery reform models.
Sponsor: Sen Gardner, Cory [CO] (introduced 12/2/2015) Cosponsors (1)
Committees: Senate Finance
Latest Major Action: 12/2/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TAX

H.R.4157: To amend the Internal Revenue Code of 1986 to provide tax incentives to meet the needs of the American manufacturing workforce, and for other purposes.
Sponsor: Rep Cardenas, Tony [CA-29] (introduced 12/2/2015) Cosponsors (None)
Committees: House Ways and Means; House Education and the Workforce
Latest Major Action: 12/2/2015 Referred to House committee. Status: Referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, 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.

S.2345: A bill to establish an expedited process for removal of senior executives of the Internal Revenue Service based on performance or misconduct.
Sponsor: Sen Burr, Richard [NC] (introduced 12/2/2015) Cosponsors (5)
Committees: Senate Finance
Latest Major Action: 12/2/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

 

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