Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 189 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from New York…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 189 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from New York (Ms. Slaughter), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
(Mr. HASTINGS of Washington asked and was given permission to revise and extend his remarks.)
Mr. Speaker, House Resolution 189 is a structured rule providing for the consideration of H.R. 6, the Energy Policy Act of 2003. The rule provides 1 hour and 30 minutes of general debate, with 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce, and three periods of 20 minutes each to be equally divided and controlled by the chairman and ranking minority members of the Committees on Science, Resources, and Ways and Means.
The rule waives all points of order against consideration of the bill, and makes in order only those amendments printed in the Committee on Rules report accompanying the resolution.
The rule further provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report, equally divided and controlled by a proponent and opponent, shall not be subject to amendment, and shall not be subject to a demand for a division in the House or in the Committee of the Whole.
Finally, the rule waives all points of order against the amendments printed in the report and provides one motion to recommit, with or without instructions.
Mr. Speaker, H.R. 6 is a critically important piece of legislation that will provide for security and diversity in America's energy supply while enhancing energy conservation and research and development. The bill we will consider shortly is a comprehensive measure combining key elements from four separate bills reported by the respective committees of jurisdiction.
The first section of the bill passed by the Committee on Energy and Commerce seeks to expand domestic energy sources while striking a balance between State and Federal regulation of the Nation's electrical power grid. This section of the bill would also increase the strategic petroleum reserve to 1 billion barrels and contains provisions for a renewable fuel standard that requires increased production in the use of ethanol.
The second section of the bill passed by the Committee on Science authorizes $31 billion for energy-related research and development programs, including funding for the President's hydrogen initiative and FreedomCar program, with the balance of the funding going to improvement of renewable energy, energy efficiency, clean coal technology, and nuclear programs.
The third section of the bill passed by the Committee on Resources includes a provision that would open the Alaskan National Wildlife Refuge, or ANWR, to much-needed oil exploration in a way designed to ensure maximum environmental protection of that significant national resource.
Finally, the section of H.R. 6 reported by the Committee on Ways and Means means energy tax provisions amounting to $18.7 billion that would incentivize access to inexpensive energy, bolster our national security by decreasing U.S. dependence on foreign oil, and promote conservation and the use of renewable sources of energy.
As a Member of Congress from the Pacific Northwest, I am particularly pleased, Mr. Speaker, that the authors of this legislation have concluded provisions I have long supported which would streamline the process of renewing permits for major hydroelectric facilities. Many of those projects are located in our part of the country and provide a sizeable share of our region's electrical power needs.
In closing, Mr. Speaker, let me say that the war in Iraq has once again highlighted the importance of ensuring America's energy independence. This bill is designed to do that in an environmentally responsible way. Accordingly, I urge my colleagues to support both the rule and the underlying bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield 5 minutes to the gentleman from Texas (Mr. Barton), chairman of the subcommittee that was dealing with the legislation that passed out of the Committee on Energy and Commerce.
Mr. Speaker, I yield 3 minutes to the gentleman from Illinois (Mr. Weller), a member of the Committee on Ways and Means.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Barton).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, may I inquire how much time is left?
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield as much time as he may consume to the gentleman from California (Mr. Dreier), the distinguished chairman of the Committee on Rules.
(Mr. DREIER asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume to reiterate that this is a very fair rule. Over two- thirds of the amendments made in order are either bipartisan or amendments from the Democrat side of the aisle.
I also would like to say, Mr. Speaker, that the war in Iraq, I think, has awakened America to a need that we have to be more energy independent. This bill, this comprehensive bill, I think, allows for that in a long-term planning way, and I think it does it in a very environmentally friendly way.
The material previously referred to by the gentlewoman from New York (Ms. Slaughter) is as follows:
Previous Question for H. Res. 189--H.R. 6, the Energy Policy Act of
2003
The following are the amendments made in order under the
rule:
Berkely #67 Division A. Requires the General Accounting
Office to conduct a study to provide accurate and real costs
of indemnifying those who would be harmed by a potential
nuclear plant accident or attack.
Berkley #71 Division A. Establishes a program to make loan
guarantees for qualifying businesses investing in renewable
energy solutions.
Blumenauer #53 Division D. Extends the Transportation
Fringe Benefit to commuters who carpool, bicycle, or used
car-sharing and equalize the transit benefit with the current
level offered to qualified parking plans. Allows up to $50
per month for carpoolers, bicyclists, or those using car-
sharing to commute to work. Increases the benefit available
to transit commuters to $190 per month, the same amount as
qualified parking plans.
Boucher #6 Division A. Strikes the provision of the bill
related to the Federal Energy Regulatory Commission (FERC)
transmission siting authority on private lands and would
thereby leave decisions regarding the location of new
transmission facilities with individual states.
Boucher #7 Division A. Strikes the provision of the bill
related to the Department of Energy (DOE) transmission siting
authority on federal lands and would thereby leave the
decisions regarding the location of new transmission
facilities with the federal entities responsible for managing
such lands (e.g. the Department of Interior, the Bureau of
Land Management, the U.S. Forest Service, etc.).
Capps #23 Division A. Adds four-year national phase-out
gasoline MTBE.
Capps #25 Division A. Strikes section 12401 relating to
appeals for LNG siting decisions, the Coastal Zone Management
Act, and the National Environmental Protection Act.
Carson #76 Division A. Strikes the ``Indiana Amendment''
from the Uniform Tie Act of 1966.
Costello/Calvert #8 Division B. Terminates the DOE's
authority to regulate itself with regard to nuclear and
worker safety at the Department's non-military energy
laboratories within two years of enactment. Transfers
regulatory authority to the Nuclear Regulatory Commission and
to the Occupational Safety and Health Administration (OSHA).
It is estimated that enacting the external regulation at the
labs would save DOE up to $41 million annually.
Davis (VA)/Waxman #60 Division A. Requires that a small
percentage of the energy used to power federal facilities
come from renewable energy and fuel cells. Beginning in 2005,
federal agencies would be required to obtain from these
sources 1.5% of the energy used across their facilities,
gradually rising to 7% in 2012 and beyond. Agencies could
meet these requirements either by generating energy on-site
or by purchasing renewable electricity generated off-site.
Agencies would receive extra credit for on-site renewable
energy generation that also contributes to national security.
Allows the Secretary of Energy to waive the requirements if
the agency is taking all practicable steps and the
requirements would pose an unacceptable burden. Permits
federal agencies to count acquisitions of future technology
vehicles, such as fuel efficient hybrid-electric or fuel cell
vehicles, against alternative fuel vehicle acquisition
targets.
DeFazio #11 Division A. Current law provides that the
Strategic Petroleum Reserve may be drawn down in the event of
a ``severe energy supply disruption,'' which results in ``a
major adverse impact on the national economy.'' The DeFazio
amendment would add ``or on a State or regional economy,''
after ``national economy.''
DeFazio #12 Division A. Adds ``anticompetitive conduct'' by
foreign countries, or producers, refiners, or marketers of
petroleum products, to the list of circumstances under which
the Strategic Petroleum Reserve may be drawn down.
DeFazio #13 Division A. Strikes the section of H.R. 6 that
repeals Public Utility Holding Company Act (PUHCA). PUHCA's
restrictions on ownership of utilities, the diversification
of business operations, accounting, and mergers, among other
provisions, are critical to protecting consumers from the
business decisions of energy conglomerates.
DeFazio #14 Division A. Strikes the section of H.R. 6
directing FERC to establish so-called ``incentive-based''
rates for building transmission.
DeFazio #15 Division A. Establishes an Office of Consumer
Advocacy at the Department of Justice to protect the
interests of residential and small business users of
electricity and natural gas in proceedings before FERC and
other federal entities.
DeFazio #16 Division A. Sets benchmarks for the
commencement of regional transmission organizations (RTOs) on
FERC findings that such RTOs would result in net benefits to
consumers in each affected state and minimize cost shifts
among consumers. Also requires that RTOs have adequate
transmission capacity and no chronic congestion prior to
start-up, effective market monitoring, and that existing load
service obligations are protected, among other criteria.
DeFazio #17 Division A. Prohibits market-based rates from
being considered ``just and reasonable'' under the Federal
Power Act if the rate raises above the cost-based rate that
would otherwise apply.
DeGette #22 Division A. Holds the legislative branch to the
same acquisition requirements as all other federal agencies
regarding energy-using products, systems, or designs that
meet or exceed the energy efficiency standards established by
the Energy Star program of the Environmental Protection
Agency and the Department of Energy.
Dingell/Boehlert #30 Division A. Substitute amendment for
the hydroelectric relicensing title of the bill, which is
identical to the version that passed the House last year.
Introduces flexibility into the licensing and re-licensing of
hydroelectric facilities by allowing any party to a licensing
proceeding to propose alternatives to the resource and
fishway prescriptions made by the resource agencies. The
Secretary must accept the alternative, so long as he or she
determines it provides the same level of protection for
resources, fish, and wildlife and either costs less to
implement or would result in more efficient operation of the
hydroelectric facility. Requires the resources agencies to
establish a process to expeditiously resolve any disputes
involving resource or fish and wildlife conditions. Strikes
the incentive payment program for hydro-power contained in
this title.
Green (TX) #33. Division A. Changes the ``hold harmless''
Low-Income Home Energy Assistance Program (LIHEAP) threshold
from $1.95 billion to $1 billion.
Hastings (FL) #69 Division C. Directs the Secretary of
Energy to take all necessary steps and efforts to mitigate
any adverse impacts that U.S. energy policy and the
provisions of H.R. 6 may have on minority, rural, Native
American, and underserved communities. Requires the Secretary
of Energy to submit to Congress an annual report detailing
the Department's efforts to implement this requirement.
Inslee-Holt-Spratt #74 Substitute. Strikes all after the
enacting clause. Sets Energy Performance Goals for the
country. Provides the tools needed to achieve the Energy
Performance Goals. These tools include innovative use of the
tax code, investment in R&D, and federal expenditures in
existing infrastructure needs. Requires the Administration to
set up a monitoring system to track progress towards the
Energy Performance Goals. Should measures be needed in
addition to the tools provided, the amendment directs the
President to initiate voluntary, regulatory, or other
actions that may be needed to achieve the Energy
Performance Goals. All expenses are offset by freezing the
upper income tax cuts scheduled for 2004, closure of the
offshore corporate tax loophole, and removal of abusive
tax shelters.
Kind #27 Division C. Strikes heading for Title II of
Division C and inserts ``(Outer Continental Shelf).''
Establishes a framework for permitting alternative-energy-
related uses on the Outer Continental Shelf not already
expressly covered by existing statutes. Assigns authority for
this program to the Department of Interior's Minerals
Management Service which, under existing law, administers
federal leasing and operations for oil, gas, and other
mineral activities on the Outer Continental Shelf. Specifies
the types of areas that should be avoided, such as marine
protected areas, and provides for more State and public input
throughout the process. Provides a mechanism for identifying,
in advance, appropriate sites for developing offshore wind
energy facilities that provide the greatest source of energy
with the least damage to the environment. Also provides a
process for soliciting competing proposals for renewable
energy facilities in the same locations and compensation to
the government for the value of the license.
Levin #72 Placeholder. Division A. Replaces the vehicle tax
incentives provisions in Section D, Title I, of H.R. 6 with a
modified version of the Clean, Efficient Automobiles
Resulting from Advanced Car Technologies Act of 2003 (CLEAR
Act). Expands the alternative vehicle tax incentives, covers
a broader array of advanced vehicle technologies, and
provides additional incentives for the purchase of
alternative vehicles.
Maloney #20 Division C. Strikes Section 30201, a section
that makes permanent the Interior Secretary's authority to
take royalties-in-kind (RIK) instead of cash payments from
leaseholders for oil and gas removed from federal and Indian
lands.
Nadler #59 Division A. Adds $30 billion to help purchase
and secure excess Russian plutonium and highly-enriched
uranium. Authorizes funding to purchase excess Russian
plutonium, convert Russian plutonium pits to oxide, and to
immobilize and irradiate up to 100 megatons of excess
plutonium. Provides for funding to purchase highly-enriched
uranium and to make improvements to the security of nuclear
material in Russia. Also provides funds to employ
knowledgeable nuclear personnel and to downsize facilities.
Oberstar #44 Division A. Strikes section 12403 relating to
the permanent exemption for construction activities
associated with oil and gas exploratory and production
operations from storm-water discharge requirements of the
Clean Water Act.
Rahall #3 Amendment in the Nature of a Substitute to
Division C. Title I--Alaska Natural Gas Pipeline Project;
Title II--Western Area Power Administration; Title III--
Energy Alternatives and Efficiency Regarding Federal Lands;
Title IV--Establishment of Indian Energy Programs; Title V--
Insular Areas Energy Security; Title VI--Sensible Development
of Renewable Energy Resources of the Outer Continental Shelf;
Title VII--Surface Owner Property Rights and Protection;
Title VIII--Royalty Fairness; Title IX--Reclamation of
Abandoned Coal Mine Sites; Title X--Land and Water
Conservation Fund Enhancement; and Title XI--Coastal
Withdrawals. This amendment is identical to the substitute
offered by Mr. Rahall to the Committee Print at the Resources
Committee's markup on April 2, 2003.
Rahall #5 Division D. Strikes Section 42011 of Division D,
relating to the prepayment of premium liability for coal
industry health benefits.
Sandlin #75 Replaces the tax division of H.R. 6 and
replaces it with the text of H.R. 1436, the Energy
Independence and Security Act. Additionally, the
Sandlin amendment would offset the cost of the energy tax
incentives contained within the amendment by freezing the
cut in the highest marginal tax rate.
Stupak #47 Division C. Prohibits any new drilling to
extract oil or gas reserves from any bottomlands of the Great
Lakes under federal jurisdiction.
Sessions/Hall #34 Division A. Establishes a process to
identify and implement actions the federal government can
take that will ensure, to the maximum extent practicable, the
production of domestic natural gas supplies sufficient to
provide residential consumers with natural gas at reasonable
and stable prices; provide industrial, manufacturing, and
commercial consumers with natural gas at prices that do not
result in plant closures and job losses; facilitate the
attainment of national amient air quality standards under the
Clean Air Act; allow for reductions in greenhouse gas
emissions; and to support development of the preliminary
phases of hydrogen-based energy sectors. States the goal of
the United States should
be to produce from domestic natural gas reserves at least 85%
of the annual projected domestic demand for natural gas.
Solis #29 Division A. Amends Section 12201 on hydraulic
fracturing by striking the current section and inserting
language that requires: a completed EPA hydraulic fracturing
study and independent scientific review by the National
Academy of Science; a regulatory determination by the
Administration of the EPA; preservation of federal authority
to respond in the future where endangerment or adverse health
effects are established. Citizens would be precluded from
filing lawsuits to force states to regulate under the Safe
Drinking Water Act.
Udall (CO) #31 Division C. Provides for grants of up to $20
per ton to enable operators of biomass facilities to purchase
brush, small trees, and other material removed from forests
in order to reduce the risk of forest fires. Allows the grant
money to be used only to purchase material removed from
forest lands near communities.
Udall (CO) #32 Division C. Requires companies developing
onshore federally-owned oil or gas to: replace any damaged
water supplies; assure any water injected underground does
not damage an aquifer; comply with all federal and state laws
applicable to water not injected underground; submit a
proposed water-management plan with the application for an
oil or gas lease.
Udall (NM) #39 Division A. Requires retail electricity
suppliers (except for municipal and cooperative utilities)
obtain 15% of their power production from a portfolio of
renewable energy resources by 2020, increasing to 20% by
2025.
Udall (NM) #41 Division C. Requires the creation of surface
use agreements between private landowners, ranchers and
farmers, and the oil and gas industry prior to any
development of subsurface mineral rights owned by the federal
government.
Velazquez #28 Division A. Prevents a disproportionate share
of power plants from being sited in low-income and minority
communities. Gives citizens greater influence over the
permitting and siting process.
Waxman #35 Division A. Sense of Congress that summarizes
the current scientific understanding of climate change, its
potential effects, and the position of the United States
regarding climate change. States that it is the sense of
Congress that the United States should demonstrate
international leadership and responsibility in addressing
climate change.
Waxman #36 Division A. Requires the Administration to take
voluntary, regulatory, and other actions to reduce oil demand
in the United States by 600,000 barrels per day from
projected levels by 2010. Does not per se mandate changes to
C.A.F.E. standards.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.