THE DAILY WHIP: THURSDAY, SEPTEMBER 20, 2012

H.Res. 788 – Rule providing for consideration of both H.J.Res. 118 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of Family Assistance of the Administration for Children and Families of the Department of Health and Human Services relating to waiver and expenditure authority under section 1115 of the Social Security Act (42 U.S.C . 1315) with respect to the Temporary Assistance for Needy Families program (Rep. Camp – Ways and Means/Education and the Workforce)  and H.R. 3409 – To limit the authority of the Secretary of the Interior to issue regulations before December 31, 2013, under the Surface Mining Control and Reclamation Act of 1977 (Rep. Johnson (OH) – Natural Resources/Energy and Commerce/Transportation and Infrastructure)  (One Hour of Debate). The Rules committee has recommended one Rule which provides for consideration of H.J. Res. 118 and H.R. 3409.

For H.J. Res. 118, the Rules Committee has recommended a closed Rule that provides for one hour of general debate with 30 minutes equally divided between the Chair and Ranking Member of the Committee on Ways and Means and 30 minutes equally divided between the Chair and Ranking Member of the Committee on Education and the Workforce. The Rule allows one motion to recommit, and waives all points of order against the legislation.

For H.R. 3409, the Rules Committee has recommended a structured Rule that provides for one hour of general debate equally with 20 minutes equally divided between the Chair and Ranking member of the Committee on Natural Resources, 20 minutes equally divided between the Chair and Ranking member of the Committee on Energy and Commerce and 20 minutes equally divided between the Chair and Ranking member of the Committee on Transportation and Infrastructure. The Rule allows 13 amendments debatable for 10 minutes equally divided between the offeror and an opponent. It allows one motion to recommit, with or without instructions. It also waives all points of order against the legislation.

The Rules Committee did not make in order several Democratic amendments regarding critical legislation that should be addressed before heading home. House Democrats offered many amendments on critical issues that house Republicans have failed to address, including amendments relating to middle class tax cuts, the Violence Against Women Act Reauthorization, Postal Reform, and the extension of the renewable energy production tax credit. Moreover, The House Republicans rejected a motion to make in order an amendment by Mr. Boswell of Iowa that would have allowed an up or down vote on the bipartisan Senate passed farm bill, before it expires on September 30^th. The House Republicans, as of now, have not scheduled any action on the Farm Bill before leaving town, despite its current scheduled expiration.

Additionally, the Rule allows the Republicans to adjourn through November 12, 2012 with no opportunity to bring these critical issues to the House floor. Members are urged to VOTE NO on H.Res. 788.

H.J.Res. 118 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of Family Assistance of the Administration for Children and Families of the Department of Health and Human Services relating to waiver and expenditure authority under section 1115 of the Social Security Act (42 U.S.C . 1315) with respect to the Temporary Assistance for Needy Families program (Rep. Camp – Ways and Means/Education and the Workforce)  H.J. Res. 118 disapproves of the Health and Human Services Department proposal outlined in its July 12 memo to allow state waivers of TANF program work requirements.

As a condition of receiving federal TANF funding, states are required to document the number of hours that welfare recipients spend in paid jobs, voluntary work or other activities directly related to finding employment. States that fail to meet the requirements may lose their federal TANF funds. On July 12, the Health and Human Services Department (HHS) issued a memo outlining a program for the consideration of state proposals for alternative job placement performance measures for TANF recipients. The HHS proposal would waive the numerical work participation standards that states must meet or else risk losing a portion of their federal TANF funds. The memo was issued in response to requests from at least 29 states, which were arguing that some of the law's requirements were too onerous and focused more on reporting rather than eventual "outcomes."

The HHS memo requires states to develop adequate and comparable job attainment measures, or their waiver requests would be rejected. The law was originally designed to provide states with such flexibility, and the HHS proposal does exactly that.

Bill Text for H.J. Res. 118:
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H.R. 3409 – To limit the authority of the Secretary of the Interior to issue regulations before December 31, 2013, under the Surface Mining Control and Reclamation Act of 1977 (Rep. Johnson (OH) – Natural Resources/Energy and Commerce/Transportation and Infrastructure) H.R. 3409 is combined of five measures — one reported by the Natural Resources Committee and four measures previously passed by the House. The bill prevents the Interior Department from issuing regulations that would adversely affect U.S. coal industry employment or result in reduced government revenues associated with coal production. The measure also creates an interagency committee to review federal clean air regulations; limits federal regulatory oversight of state-level permitting of the storage of coal combustion waste; amends existing federal water pollution laws to transfer authority from the EPA to the states to allow them to make determinations relating to their water quality standards; and bars the EPA from regulating greenhouse gas emissions to address climate change.

The Rule, makes in order 13 amendments, each debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Rep. Markey Amendment. Allows the Secretary of Interior to promulgate rules under the Surface Mining Control and Reclamation Act, if such rule would reduce the prevalence of pulmonary diseases, lung cancer, cardiovascular disease or reduce the prevalence of birth defects or reproductive problems in pregnant women or children
Rep. Bucshon Amendment. Requires Federal agencies to republish each scientific study the agency relied on in developing the rules required under this Act
Rep. Waxman Amendment. Strikes the language that would repeal EPA's scientific finding that carbon pollution endangers the public health and welfare
Rep. Kelly Amendment. Requires the Secretary of Transportation to submit a report to Congress estimating the number of jobs, the fatalities and injuries, and the cost to the economy caused by the"2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards" rule. Would require that the Secretary shall not consult with the EPA or the California Air Resources Board to complete the report
Rep. Markey Amendment #5. Allows the Environmental Protection Agency to take any action using its authority under the Clean Air Act if such action would increase North American energy independence by reducing demand for oil
Rep. Benishek Amendment. Requires the federal regulatory review committee established in Title II to link health effects associated with regulatory costs in its assessment
Rep. Harris Amendment. Requires EPA to make data and modeling used in rulemaking available to the public, and would require the Regulatory Impact Analysis required in the bill to undergo external peer review according to the agency's own peer review guidelines
Rep. Jackson Lee Amendment. Strike section 503 of the bill which would artificially limit agency comment periods on water quality permits to 30 days with no possibility for extension
Rep. McKinley Amendment. Prohibits the EPA from retroactively vetoing a wetlands permit under the Clean Water Act even in cases where the permit was found to allow pollution levels that impact public health and water quality
Rep. Markey Amendment #10.  Creates a national renewable electricity and energy efficiency standard of 50% renewable electricity generation by 2035
Rep. DeFazio Amendment. Requires EPA and the Department of Transportation to submit a report to Congress within 6 months on the health, environmental, and public health impacts of fugitive coal dust
Reps. Berg/Flake/Gosar/Lankford Amendment. Changes current requirements and allows states to revoke any existing federal implementation plan (PIP) with regard to the regulation of visibility
Rep. Gosar Amendment. Adds language to the end of bill which would limit the authority of the Environmental Protection Agency to issue regulations on the Navajo Generating Station, located near Page, Arizona

Bill Text for H.R. 3409:
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Suspension (1 bill)