[Congressional Record Volume 153, Number 128 (Saturday, August 4, 2007)]
[House]
[Pages H9861-H9869]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NEW DIRECTION FOR ENERGY INDEPENDENCE, NATIONAL SECURITY, AND CONSUMER 
                             PROTECTION ACT

  The Committee resumed its sitting.


                 Amendment No. 15 Offered by Mr. Castle

  The Acting CHAIRMAN. It is now in order to consider amendment No. 15 
printed in part B of House Report 110-300.
  Mr. CASTLE. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 15 offered by Mr. Castle:
         In title VII, at the end of subtitle F add the following:

     SEC. __. REPORT ON STATUS OF REGULATIONS WITH RESPECT TO WIND 
                   ENERGY PROJECTS.

         Not later than 30 days after the date of the enactment of 
     this Act, the Secretary of the Interior, acting through the 
     Minerals Management Service, shall submit a report to 
     Congress on the status of regulations required to be issued 
     under section 8(p)(8)) of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1337(p)(8)) with respect to the production of 
     wind energy on the Outer Continental Shelf.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman 
from Delaware (Mr. Castle) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Delaware.
  Mr. CASTLE. Mr. Chairman, I yield myself such time as I may consume.
  I am pleased to join my colleague, Mr. Delahunt, in offering this 
amendment today.
  The 2005 energy law required Minerals Management Service, MMS, under 
the Department of the Interior, to develop regulations for offshore 
wind development within 270 days. It is now 6 months past the deadline, 
and it appears we will keep waiting. The delay causes regulatory 
uncertainty and potential setbacks for pursuing the development of this 
renewable energy source.
  Our amendment to H.R. 3221 would require MMS to report to Congress 
within 30 days on the status of these regulations. We need to know the 
reason for the delay and what can be done to move things along so 
communities wishing to invest in this clean, renewable technology can 
move forward. This is of critical importance to the State of Delaware, 
which has not only agreed to produce 20 percent of its electricity from 
renewable sources by 2020 but has made a strong commitment to offshore 
wind resources as a component of its energy portfolio.
  Wind power is one of the fastest-growing sources of energy and 
contributes economically and environmentally to America's energy 
future. Electricity from wind is inflation proof and is not subject to 
the price volatility of traditional sources. With growing concern over 
climate change, wind power offers emission-free energy that will 
diversify our energy supply domestically, while easing demand for 
polluting and imported fossil fuels.
  For Delaware and many other coastal States, our best wind resource 
lies not inland but just off our shores. I look forward to learning 
from and working with the various agencies to make sure our renewable 
energy resources are developed in a timely and environmentally friendly 
manner so States like Delaware that have signaled it is time to move 
forward can do so.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BARTON of Texas. Mr. Chairman, I rise to claim the time in 
opposition to the amendment simply to ask some questions, though I will 
not be in opposition at the end.
  The Acting CHAIRMAN. The gentleman from Texas is recognized for 5 
minutes.
  Mr. BARTON of Texas. Mr. Chairman, I yield 3 minutes to the gentleman 
from Massachusetts.
  Mr. DELAHUNT. Mr. Chairman, I thank the gracious gentleman from Texas 
for yielding.
  I rise to support this amendment.
  As the gentleman from Delaware indicated, 2 years ago Congress 
authorized the development of renewable energy from wind and wave and 
tidal sources in Federal waters, and the Department of the Interior was 
instructed to establish a program in a uniform set of standards. This 
initiative was based on the successful example of European countries 
that are now developing thousands of megawatts of clean, renewable 
energy from their coastal waters.
  In Germany, the United Kingdom and Spain, efforts are well under way 
to identify offshore renewable energy sites with clear standards to 
protect the environment, wildlife and mariners and to provide companies 
with a set of guidelines to develop these areas.
  With respect to offshore wind energy, Germany has already zoned much 
of the North Sea to tap into 25,000 megawatts of energy in the next 20 
years. Most of these projects are in deep water, far offshore, and 
using technologies that create thousands of jobs.
  Here in the United States, our coastal waters have the potential to 
generate close to 900,000 megawatts of energy, and much of this is also 
in deep water. That is an amount that is close to today's electric 
capacity for the entire Nation. We have the technology, the capital, 
and the skilled labor to develop a significant amount of this energy. 
We could become the Saudi Arabia of wind.

[[Page H9862]]

  However, what we lack is the Interior Department's program. After 2 
years, we don't even have a draft set of guidelines.
  There are reports that the Interior Department in this initiative is 
underfunded, that the studies we have called for have not been done, 
and that the dedicated staff is overworked. We needed to step in now 
and do what we can to help this effort succeed.
  This amendment will help accomplish that goal. I commend my friend 
and colleague from Delaware, and I urge its adoption.
  Mr. CASTLE. Mr. Chairman, I yield myself such time as I may consume, 
and I yield to the gentleman for questions he may have.
  Mr. BARTON of Texas. I just want to ask the two authors a few 
questions.
  Is there anything in this amendment that might have the unintended 
effect of slowing the process down even further of getting these 
regulations in place?
  Mr. CASTLE. Mr. Chairman, if there is anything in this amendment that 
I thought would slow down that process further, I would pull the 
amendment in a minute.
  The whole idea of this amendment is to compel them to look at what 
they are doing, give us a report, and move forward with it. It is in no 
way intended, directly or indirectly, to slow anything down. It is an 
effort to get it done. I think we both strongly believe in the wind 
energy circumstance.
  Mr. BARTON of Texas. Is there anything in the amendment that could be 
construed to be a roadblock for any specific existing project that has 
not yet been permitted?
  Mr. CASTLE. To the best of my knowledge, absolutely not. We have made 
the amendment very plain, very clear, so there could not be a roadblock 
and could not be a slow-down circumstance.
  Mr. BARTON of Texas. Mr. Chairman, with that understanding, I support 
the amendment.
  Mr. BOUCHER. Mr. Chairman, will the gentleman yield?
  Mr. CASTLE. I yield to the gentleman from Virginia.
  Mr. BOUCHER. Mr. Chairman, I thank the gentleman from Delaware for 
yielding, and I want to commend him as well as the gentleman from 
Massachusetts for bringing this matter before the House.
  I think it is appropriate to move along the process of having 
regulations issued with regard to offshore wind energy, and we support 
this amendment and would urge its adoption.
  Mr. CASTLE. Reclaiming my time, Mr. Chairman, I thank the gentleman 
from Virginia; and I appreciate his support as well. I very much 
appreciate the support of the gentleman from Massachusetts, who has 
been very involved with this.
  I encourage support of the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Delaware (Mr. Castle).
  The amendment was agreed to.


                   Amendment No. 16 Offered by Mr. Wu

  The Acting CHAIRMAN. It is now in order to consider amendment No. 16 
printed in part B of House Report 110-300.
  Mr. WU. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 16 offered by Mr. Wu:
       In subtitle E of title IV, add at the end the following new 
     section:

     SEC. 4417. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT 
                   PROGRAM.

       (a) Establishment.--The Secretary shall establish a 
     competitive grant program, in a geographically diverse 
     manner, for projects submitted for consideration by 
     institutions of higher education to conduct research and 
     development of renewable energy technologies. Each grant made 
     shall not exceed $2,000,000.
       (b) Eligibility.--Priority shall be given to institutions 
     of higher education with--
       (1) established programs of research in renewable energy;
       (2) locations that are low income or outside of an 
     urbanized area;
       (3) a joint venture with an Indian tribe; and
       (4) proximity to trees dying of disease or insect 
     infestation as a source of woody biomass.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $25,000,000 for carrying 
     out this section.
       (d) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning as defined in section 126(c) of the Energy Policy Act 
     of 2005.
       (2) Institutions of higher education.--The term 
     ``institutions of higher education'' has the meaning as 
     defined in section 102(a) of the Higher Education Act of 
     1965.
       (3) Renewable energy.--The term ``renewable energy'' has 
     the meaning as defined in section 902 of the Energy Policy 
     Act of 2005.
       (4) Urbanized area.--The term ``urbanized area'' has the 
     mean as defined by the U.S. Bureau of the Census.

       Amend the table of contents accordingly.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman 
from Oregon (Mr. Wu) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. WU. Mr. Chairman, I yield myself such time as I may consume.
  I offer an amendment to invest further in renewable energy by 
creating a university based research program for biomass energy 
research. The amendment authorizes funds for competitive grants to 
support research at institutions of higher education to use trees 
killed by disease or insect infestation for biomass energy.
  Priority will be given to research institutions in low-income or 
rural communities, those that already conduct research in this field, 
institutions which can enter joint ventures with Indian tribes and 
those institutions located near forests killed by massive disease or 
insect infestation.
  Mr. Chairman, we must capitalize on America's universities for 
research and renewable energy. My amendment will harness universities 
as a resource to advance our renewable energy portfolio.
  The amendment also ensures grants will be distributed throughout the 
United States. If fully funded, at least a dozen universities could be 
selected from the pool of university applicants.
  In the Pacific Northwest, the unfortunate incidence of disease and 
insect infestation in our forests can be mitigated by turning dead 
trees into renewable energy. By targeting universities in rural and 
low-income communities, we create needed jobs and help develop those 
jobs in communities which frequently have felt neglected in our pursuit 
of pro-environmental causes.
  Dead trees can be an opportunity to create clean, renewable energy, 
generate jobs and protect our healthy forests by using our dead and 
dying ones for biomass energy. I urge my colleagues to support this 
research program.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I rise to claim the time in 
opposition to the amendment.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. HALL of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  I have more problems with the amendment than I do with the author, 
and maybe the author and I can talk here and then get together and work 
some things out.
  Actually, my problems with it is that we are told that it amends the 
biofuels subtitle and creates a university based research and 
development competitive grant program in a geographically diverse 
manner. That's a pretty long sentence there for me to try to figure out 
exactly what it means. But as I go down through it and see, in awarding 
the grants, it says that ``priority should be given to institutions of 
higher education with all of the following.'' I want to point out these 
``following,'' and I know that the author is probably going to be able 
to explain them to me.
  But I remember one time in the Texas Senate when we had a man stand 
up and he was trying to pass a bill as to where all the voting machines 
had to be constructed, and they all had to be constructed in a county 
in Texas, and he described the county as being in excess of 20,000 but 
not in excess of 20,003, and his county had 20,002 in it.
  Now, I don't know if your labeling of these narrows it down to one 
institution or two institutions. I know there aren't any in Texas, 
because we don't have any Indians in Texas. But could you give me a 
little explanation on that?
  Mr. WU. Mr. Chairman, will the gentleman yield?

[[Page H9863]]

  Mr. HALL of Texas. I yield to the gentleman from Oregon.
  Mr. WU. Mr. Chairman, there are at least several institutions that I 
know of in the Pacific Northwest that would qualify; and I suspect that 
if a fine research institution in Texas were to team up, say, with an 
Indian tribe in New Mexico or Oklahoma, I am sure that many 
institutions in Texas would also qualify under these criteria.
  I would further like to point out that, unlike other grant programs 
which specify a handful of States which are to be given priority, this 
amendment does not do that. It is designed to be open to schools from 
all 50 States.
  Mr. HALL of Texas. Do you mind if I just lay out what is in the bill? 
It says it has to be an established program of research and renewable 
energy. That's fine.
  Locations that are low income or outside of an urbanized area, I 
guess that's okay.
  A joint venture with an Indian tribe, that's where you start to lose 
me.
  In proximity to trees dying of disease or insect infestation as a 
source of woody biomass, that one really does get to me. I just don't 
know how much biomass is adjacent to any of the universities, 
particularly any of the universities in my area, certainly not in my 
district.
  And the amendment authorizes $25 million with no fiscal year 
designation. And a little bit further, it is unclear from the all-
inclusive list of how many colleges and universities would be eligible 
to receive these grants under this section.
  If you could just explain a few of those and tell me you would work 
with me before we get to the front gate, I would be glad to listen.
  Mr. WU. Mr. Chairman, will the gentleman yield?
  Mr. HALL of Texas. I do yield, sir.
  Mr. WU. Mr. Chairman, it is my recollection that Lyndon Johnson paid 
a great deal of attention to trees in Texas and their positive and 
detrimental nature at times. It has come to my attention, through my 
public and private activities in the Pacific Northwest, that we have a 
tremendous number of trees, some of which are dying of disease and 
insect infestation, and those trees become a threat to our healthy 
forests.

                              {time}  1530

  It was the intent of this author to try to have a win-win by 
generating energy from dead and dying trees which are otherwise a 
threat to the healthy forests which remain.
  Mr. HALL of Texas. The amendment, while in the biofuels subtitle, 
does not direct colleges and universities to conduct research and 
development into biofuels specifically. Is that right?
  Mr. WU. If the gentleman would yield.
  Mr. HALL of Texas. If the gentleman will work with me from this point 
forward, we will withdraw our opposition to it, Mr. Chairman.
  Mr. WU. I thank the gentleman.
  Mr. HALL of Texas. I yield back the balance of my time.
  Mr. WU. I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Oregon (Mr. Wu).
  The amendment was agreed to.


                Amendment No. 17 Offered by Ms. Giffords

  The Acting CHAIRMAN. It is now in order to consider amendment No. 17 
printed in part B of House Report 110-300.
  Ms. GIFFORDS. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 17 offered by Ms. Giffords:
       In subtitle D of title IV, before section 4301, insert the 
     following:

                    PART 1--RESEARCH AND ADVANCEMENT

       In section 4302, strike ``subtitle'' and insert ``part''.
       At the end of subtitle D of title IV, add the following new 
     part:

          PART 2--DEVELOPMENT AND USE OF SOLAR ENERGY PRODUCTS

     SEC. 4311. DEFINITIONS.

       For purposes of this part:
       (1) The term ``Board'' means the Solar Energy Industries 
     Research and Promotion Board established under section 
     4312(b)(1).
       (2) The term ``Committee'' means the Solar Energy Research 
     and Promotion Operating Committee established under section 
     4312(b)(4).
       (3) The term ``Department'' means the Department of Energy.
       (4) The term ``importer'' means any person who imports 
     solar energy products from outside the United States.
       (5) The term ``order'' means a solar energy product 
     research and promotion order issued under section 4312.
       (6) The term ``promotion'' means any action to advance the 
     image and desirability of solar energy products with the 
     express intent of improving the competitive position and 
     stimulating sales of solar energy products in the 
     marketplace.
       (7) The term ``Secretary'' means the Secretary of Energy.
       (8) The term ``solar energy products'' means solar water 
     heating components and systems and photovoltaic components 
     and systems.

     SEC. 4312. SOLAR RESEARCH AND INFORMATION PROGRAM.

       (a) Issuance of Orders.--
       (1) Proposed order.--Not later than 30 days after receipt 
     of a proposal for a solar energy product research and 
     promotion order, the Secretary shall publish such proposed 
     order and give due notice and opportunity for public comment 
     on such proposed order. Such proposal may be submitted by any 
     organization meeting the requirements for certification under 
     section 4313 or any interested person, including the 
     Secretary.
       (2) Final order.--After notice and opportunity for public 
     comment are given, as provided for in paragraph (1), the 
     Secretary shall issue a solar energy product research and 
     promotion order. The order shall become effective not later 
     than 120 days after publication of the proposed order.
       (b) Required Terms in Orders.--An order issued under 
     subsection (a) shall contain the following terms and 
     conditions:
       (1) The order shall provide for the establishment and 
     selection of a Solar Energy Industries Research and Promotion 
     Board. In addition to nonpermanent members of the Board, 
     there shall be two permanent members of the Board, a 
     representative chosen by the Secretary and a representative 
     chosen by one of the organizations certified under section 
     4313. Nonpermanent members of the Board shall be solar energy 
     products producers and importers appointed by the Secretary 
     from--
       (A) nominations submitted by eligible organizations 
     certified under section 4313; and
       (B) nominations submitted by importers under such 
     procedures as the Secretary determines appropriate.

      The Secretary shall ensure adequate representation of all 
     geographic regions of the United States on the Board.
       (2) The order shall define the powers and duties of the 
     Board, which shall be exercised at an annual meeting, and 
     shall include only the following powers:
       (A) To administer the order in accordance with its terms 
     and provisions.
       (B) To make rules and regulations to effectuate the terms 
     and provisions of the order.
       (C) To elect members of the Board to serve on the 
     Committee.
       (D) To approve or disapprove budgets submitted by the 
     Committee.
       (E) To receive, investigate, and report to the Secretary 
     complaints of violations of the order.
       (F) To recommend to the Secretary amendments to the order. 
     In addition, the order shall determine the circumstances 
     under which special meetings of the Board may be held.
       (3) The order shall provide that the term of appointment 
     for nonpermanent members of the Board shall be 3 years with 
     no nonpermanent member serving more than 2 consecutive terms, 
     except that initial appointments shall be proportionately for 
     1-year, 2-year, and 3-year terms; and that Board members 
     shall serve without compensation, but shall be reimbursed for 
     their reasonable expenses incurred in performing their duties 
     as members of the Board.
       (4)(A) The order shall provide that the Board shall elect 
     from its membership 10 members to serve on the Solar Energy 
     Research and Promotion Operating Committee.
       (B) The Committee shall develop plans or projects of 
     research, information, and promotion which shall be paid for 
     with assessments collected by the Board. In developing plans 
     or projects, the Committee shall, to the extent practicable, 
     ensure that all segments of the solar industry receive fair 
     treatment under this part based upon contributions made under 
     paragraph (8).
       (C) The Committee shall be responsible for developing and 
     submitting to the Board, for its approval, budgets on a 
     fiscal year basis of its anticipated expenses and 
     disbursements, including probable costs of research, 
     promotion, and information projects. The Board shall approve 
     or disapprove such budgets and, if approved, shall submit 
     such budget to the Secretary for the Secretary's approval.
       (D) The total costs of collection of assessments and 
     administrative staff incurred by the Board during any fiscal 
     year shall not exceed 5 percent of the projected total 
     assessments to be collected by the Board for such fiscal 
     year. The Board shall use, to the extent possible, the 
     resources, staffs, and facilities of existing organizations.
       (5) The order shall provide that terms of appointment to 
     the Committee shall be 1 year, and that no person may serve 
     on the Committee for more than 6 consecutive terms. Committee 
     members shall serve without compensation, but shall be 
     reimbursed

[[Page H9864]]

     for their reasonable expenses incurred in performing their 
     duties as members of the Committee. The Committee may utilize 
     the resources, staffs, and facilities of the Board and 
     industry organizations. An employee of an industry 
     organization may not receive compensation for work performed 
     for the Committee, but shall be reimbursed from assessments 
     collected by the Board for reasonable expenses incurred in 
     performing such work.
       (6) The order shall provide that, to ensure coordination 
     and efficient use of funds, the Committee shall enter into 
     contracts or agreements for implementing and carrying out the 
     activities authorized by this part with established national 
     nonprofit industry-governed organizations to implement 
     programs of research, promotion, and information. In any 
     fiscal year, the total assessments available for spending for 
     this program (including administrative expenses under 
     paragraph (4)(D)) shall not exceed 50 percent of the 
     projected total assessments for that year. Any such contract 
     or agreement shall provide that--
       (A) the person entering the contract or agreement shall 
     develop and submit to the Committee a plan or project 
     together with a budget or budgets that shows estimated costs 
     to be incurred for the plan or project;
       (B) the plan or project shall become effective on the 
     approval of the Secretary; and
       (C) the person entering the contract or agreement shall 
     keep accurate records of all of its transactions, account for 
     funds received and expended, and make periodic reports to the 
     Committee of activities conducted, and such other reports as 
     the Secretary, the Board, or the Committee may require.
       (7) The order shall require the Board and the Committee 
     to--
       (A) maintain such books and records, which shall be 
     available to the Secretary for inspection and audit, as the 
     Secretary may prescribe;
       (B) prepare and submit to the Secretary, from time to time, 
     such reports as the Secretary may prescribe; and
       (C) account for the receipt and disbursement of all funds 
     entrusted to them.
       (8)(A) The order shall provide that each manufacturer of a 
     solar energy product shall collect an assessment and pay the 
     assessment to the Board.
       (B) The order also shall provide that each importer of 
     solar energy products shall pay an assessment, in the manner 
     prescribed by the order, to the Board.
       (C) The assessments shall be used for payment of the costs 
     of plans and projects, as provided for in paragraph (4), and 
     expenses in administering the order, including more 
     administrative costs incurred by the Secretary after the 
     order has been promulgated under this part, and to establish 
     a reasonable reserve. The rate of assessment prescribed by 
     the order shall be determined by the Secretary in 
     consultation with the Solar Energy Industry Association.
       (9) The order shall provide that the Board, with the 
     approval of the Secretary, may invest, pending disbursement, 
     funds collected through assessments only in obligations of 
     the United States or any agency thereof, in any interest-
     bearing account or certificate of deposit of a bank that is a 
     member of the Federal Reserve System, or in obligations fully 
     guaranteed as to principal and interest by the United States.
       (10) The order shall prohibit any funds collected by the 
     Board under the order from being used in any manner for the 
     purpose of influencing governmental action or policy, with 
     the exception of recommending amendments to the order.
       (11)(A) The order shall require that each manufacturer or 
     importer making payment to the Board maintain and make 
     available for inspection such books and records as may be 
     required by the order and file reports at the time, in the 
     manner, and having the content prescribed by the order. Such 
     information shall be made available to the Secretary as is 
     appropriate to the administration or enforcement of this 
     part. All information so obtained shall be kept confidential 
     by all officers and employees of the Department, and only 
     such information so obtained as the Secretary deems relevant 
     may be disclosed by them and then only in a suit or 
     administrative hearing brought at the request of the 
     Secretary, or to which the Secretary or any officer of the 
     United States is a party, and involving the order. Nothing in 
     this paragraph may be deemed to prohibit--
       (i) the issuance of general statements, based on the 
     reports, of the number of entities subject to the order or 
     statistical data collected therefrom, which statements do not 
     identify the information furnished by an person; or
       (ii) the publication, by direction of the Secretary, of the 
     name of any person violating the order, together with a 
     statement of the particular provisions of the order violated 
     by the person.
       (B) No information obtained under the authority of this 
     part may be made available to any agency or officer of the 
     United States for any purpose other than the implementation 
     of this part and any investigatory or enforcement act 
     necessary for the implementation of this part. Any person 
     violating the provisions of this paragraph shall be subject 
     to a fine of not more than $1,000, or to imprisonment for not 
     more than one year, or both, and if an officer or employee of 
     the Board or the Department, shall be removed from office.
       (12) The order shall contain terms and conditions, not 
     inconsistent with the provisions of this part, as necessary 
     to effectuate the provisions of the order.

     SEC. 4313. CERTIFICATION OF ORGANIZATIONS TO NOMINATE.

       (a) Eligibility.--The eligibility of any national, 
     regional, or State organization to represent manufacturers 
     and to participate in the making of nominations under section 
     4312(b) shall be certified by the Secretary. The Secretary 
     shall certify any organization that the Secretary determines 
     meets the eligibility criteria established under subsection 
     (b), and such determination as to eligibility shall be final.
       (b) Criteria.--An organization may be certified as 
     described in subsection (a) if such organization meets all of 
     the following eligibility criteria:
       (1) The organization represents a majority of manufacturers 
     of solar energy products in the Nation.
       (2) The organization has a history of stability and 
     permanency.
       (3) A primary purpose of the organization is to promote the 
     economic welfare of the solar energy products industry.
       (c) Basis for Certification.--Certification of an 
     organization shall be based upon a factual report submitted 
     by the organization.

     SEC. 4314. REFERENDUM.

       (a) Initial Referendum.--For the purpose of determining 
     whether the initial order shall be continued, not later than 
     48 months after the issuance of the order (or any earlier 
     date recommended by the Board), the Secretary shall conduct a 
     referendum among persons who have been manufacturers or 
     importers of solar energy products during a representative 
     period, as determined by the Secretary. The order shall be 
     continued only if the Secretary determines that it has been 
     approved by not less than a majority of the manufacturers 
     voting in the referendum who, during a representative period 
     as determined by the Secretary, have been engaged in the 
     manufacturing of solar energy products. If continuation of 
     the order is not approved by a majority voting in the 
     referendum, the Secretary shall terminate the collection of 
     assessments under the order within 6 months after the 
     Secretary determines that continuation of the order is not 
     favored by a majority voting in the referendum, and shall 
     terminate the order in an orderly manner as soon as 
     practicable after such determination.
       (b) Subsequent Referenda.--After the initial referendum, 
     the Secretary may conduct a referendum on the request of a 
     representative group comprising 25 percent or more of the 
     number of manufacturers of solar energy products to determine 
     whether manufacturers favor the termination or suspension of 
     the order. The Secretary shall suspend or terminate 
     collection of assessments under the order within 6 months 
     after the Secretary determines that suspension or termination 
     of the order is favored by a majority of the manufacturers 
     voting in the referendum who, during a representative period 
     as determined by the Secretary, have been engaged in the 
     manufacture of solar energy products, and shall terminate or 
     suspend the order in an orderly manner as soon as practicable 
     after such determination.
       (c) Procedures.--The Department shall be reimbursed from 
     assessments collected by the Board for any expenses incurred 
     by the Department in connection with conducting any 
     referendum under this section, except for the salaries of 
     Government employees. Any referendum conducted under this 
     section shall be conducted on a date established by the 
     Secretary, whereby manufacturers shall certify that they were 
     engaged in the production of solar energy products during the 
     representative period and, on the same day, shall be provided 
     an opportunity to vote in the referendum.

     SEC. 4315. REFUNDS.

       (a) In General.--During the period prior to the approval of 
     the continuation of an order pursuant to the referendum 
     required under section 4314(a), subject to subsection (f) of 
     this section, the Board shall--
       (1) establish an escrow account to be used for assessment 
     refunds;
       (2) place funds in such account in accordance with 
     subsection (b); and
       (3) refund assessments to persons in accordance with this 
     section.
       (b) Amounts Placed in Account.--Subject to subsection (f), 
     the Board shall place in such account, from assessments 
     collected under section 4312 during the period referred to in 
     subsection (a), an amount equal to the product obtained by 
     multiplying the total amount of assessments collected under 
     section 4312 during such period by 15 percent.
       (c) Full Refund Election.--Subject to subsections (d), (e), 
     and (f) and notwithstanding any other provision of this part, 
     any manufacturer or importer shall have the right to demand 
     and receive from the Board a one-time refund of all 
     assessments collected under section 4312 from such 
     manufacturer or importer during the period referred to in 
     subsection (a) if such manufacturer or importer--
       (1) is responsible for paying such assessment; and
       (2) does not support the program established under this 
     part.
       (d) Procedure.--Such demand shall be made in accordance 
     with regulations, on a form, and within a time period 
     prescribed by the Board.
       (e) Proof.--Such refund shall be made on submission of 
     proof satisfactory to the Board that the manufacturer or 
     importer--

[[Page H9865]]

       (1) paid the assessment for which refund is sought; and
       (2) did not collect such assessment from another 
     manufacturer or importer.
       (f) Distribution.--If the amount in the escrow account 
     required to be established by subsection (a) is not 
     sufficient to refund the total amount of assessments demanded 
     by all eligible persons under this section, and the 
     continuation of an order is approved pursuant to the 
     referendum required under section 4314(b), the Board shall--
       (1) continue to place in such account, from assessments 
     collected under section 4312, the amount required under 
     subsection (b), until such time as the Board is able to 
     comply with paragraph (2); and
       (2) provide to all eligible persons the total amount of 
     assessments demanded by all eligible persons under this 
     section.

     If the continuation of an order is not approved pursuant to 
     the referendum required under section 4314(b), the Board 
     shall prorate the amount of such refunds among all eligible 
     persons who demand such refund.

     SEC. 4316. ENFORCEMENT.

       (a) In General.--If the Secretary believes that the 
     administration and enforcement of this part or an order would 
     be adequately served by such procedure, following an 
     opportunity for an administrative hearing on the record, the 
     Secretary may--
       (1) issue an order to restrain or prevent a person from 
     violating an order; and
       (2) assess a civil penalty of not more than $25,000 for 
     violation of such order.
       (b) Jurisdiction.--The district courts of the United States 
     are vested with jurisdiction specifically to enforce, and to 
     prevent and restrain a person from violating, an order or 
     regulation made or issued under this part.
       (c) Attorney General.--A civil action authorized to be 
     brought under this section shall be referred to the Attorney 
     General for appropriate action.

     SEC. 4317. INVESTIGATIONS.

       The Secretary may make such investigations as the Secretary 
     deems necessary for the effective administration of this part 
     or to determine whether any person subject to this part has 
     engaged or is about to engage in any act that constitutes or 
     will constitute a violation of this part, the order, or any 
     rule or regulation issued under this part.

     SEC. 4318. ADMINISTRATIVE PROVISION.

       The provisions of this part applicable to the order shall 
     be applicable to amendments to the order.
       Amend the table of contents accordingly.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the 
gentlewoman from Arizona (Ms. Giffords) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Arizona.
  Ms. GIFFORDS. Thank you, Mr. Chairman.
  If there is one thing that we here in Congress can bank on, it's that 
the sun is going to come up each and every day. Solar power is a 
domestic form of renewable energy, and increasing its use will be good 
for our environment, good for public health, good for our national 
security and good for our economy.
  I hail from the great State of Arizona, of course, which is rich in 
sunshine, but every single State in our country receives enough 
sunshine to make valuable use of solar energy. In addition to all the 
societal benefits that I mentioned, solar power is also a solid 
property investment. Solar panels installed on homes or offices enable 
families or businesses to reduce and often eliminate electricity bills. 
They often pay for themselves in just a few short years. Solar panels 
can increase the resale value of a home or a business. Solar products 
are becoming more efficient and more attractive all the time and, in 
fact, there are several examples where the solar panels are actually 
built into and blend with regular roof tiles.
  Unfortunately, many consumers are not aware of some of these benefits 
of solar. They're not aware of the improvements. A challenge for the 
solar industry to advertise and promote this has been addressed by 
another industry that I believe that we can learn from. The agriculture 
industry pioneered a mechanism called the check-off program, and they 
did this to increase generally an awareness of a product rather than a 
particular brand. These programs are federally created and they are a 
proven way of increasing consumer awareness of a category of products. 
Almost two dozen programs have been created, and some of these we know 
very well. For example, in the milk industry, the Got Milk? campaign. 
Beef. Cotton. Pork. The wide familiarity that we can all name in these 
campaigns is a solid testament to the effectiveness of raising consumer 
awareness. And increased consumer awareness is exactly what the solar 
industry needs in order to increase the demand for products here in the 
United States, which will be to the benefit of the entire country.
  I therefore offer an amendment that would create a check-off program 
for the solar industry. This amendment has been explicitly requested by 
the solar industry. It is structured to incur no cost for the 
government. All costs are borne by the solar industry, yet individual 
companies have the ability to opt out of the program.
  I urge my colleagues to support this amendment. It is a proven idea 
with a good track record. It will address global warming, energy 
independence, American competitiveness, and I believe it's a winning 
proposition.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I seek time for the Science 
Committee.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. HALL of Texas. I yield myself such time as I may consume.
  As I read this amendment, it creates both a Solar Energy Industries 
Research and Promotion Board and then also creates a Solar Energy 
Research and Promotion Operating Committee, which would be established 
and administered with fees assessed involuntarily against solar 
manufacturers and importers. I guess one of the things that I'm 
concerned about is this will eventually be passed on to consumers, to 
customers, that will wind up paying it. I would like to know more about 
how voluntary it is.
  Actually, it creates two additional layers of bureaucracy for the 
Secretary of Energy to promote solar power. I don't see any reason why 
we don't just give DOE a grant to promote solar power, if that's the 
goal for it. There's no really added benefit to creating both a solar 
board and a solar committee. I don't understand why you'd have to have 
both of those or why you don't lessen it down just to one solar 
organization.
  I note that the solar manufacturers and importers don't have a chance 
nor a choice as to the creation of the board or the payment of the fees 
assessed to promote the use of solar power. I see somewhere in the bill 
here where there's a huge fine there, a civil penalty, if certain 
things aren't done. I think it's something that really needs to be 
looked at and really needs some work on it between now and the time the 
Senate works on it or the time we get to conference.
  As I read it again, it has the payment of a fee that also might be 
enforced by a civil action by the Secretary of Energy and the Attorney 
General, with a civil penalty of up to $25,000. That's a pretty serious 
fee. And I can see how that might be passed on to any area there of 
operation.
  So here you have a fee, you have a board, you have a committee, an 
inspection of company books and records and the possibility of a civil 
penalty all being thrust upon solar manufacturers and importers, 
possibly against their wishes, all intending to help them.
  But at this point I guess I just have to ask the obvious question of 
why this program, if it really will help the manufacturers and 
importers to find customers for their solar products and technology, 
why it would not be offered the opportunity to participate in some type 
of a voluntary check-off program or a time when they can opt out?
  Would the gentlelady yield for a question?
  Ms. GIFFORDS. Mr. Chairman, I will yield.
  Mr. HALL of Texas. How long would it be before they could opt out if 
this is passed? What period is the opt-out period, and explain that to 
us, if you would.
  Ms. GIFFORDS. Mr. Chairman, the companies would be able to opt out 
immediately.
  Mr. HALL of Texas. I beg your pardon?
  Ms. GIFFORDS. To my knowledge, those companies will be able to opt 
out if they do not want to participate in the program. Again, this is 
an amendment that was brought to me by the Solar Energy Industries 
Association. The solar companies in Arizona that I have worked with are 
all in favor of this amendment. Again, it's a voluntary program where 
the companies can choose to opt out if they so choose. But it has been 
successful, Mr. Chairman, in many other industries. And the

[[Page H9866]]

agriculture industries that I mentioned are good examples.
  I am certainly willing to work with my friend from Texas as this bill 
moves forward, but I do think that there are some real benefits to 
offering this amendment.
  Mr. HALL of Texas. I would hope that you would. A lot of the 
companies that would be affected by this may be small businesses, they 
may not have the ability to opt out, and then have to bring a receipt 
to show, to maybe claim back some of their outlay. But they might be 
small businesses and startups, and I'm really concerned that it might 
have some unintended consequences.
  Mr. Chairman, I yield back the balance of my time.
  Ms. GIFFORDS. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Arizona (Ms. Giffords).
  The amendment was agreed to.


               Amendment No. 18 Offered by Mrs. Tauscher

  The Acting CHAIRMAN. It is now in order to consider amendment No. 18 
printed in part B of House Report 110-300.
  Mrs. TAUSCHER. Mr. Chairman, I have an amendment at the desk made in 
order by the rule.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 18 offered by Mrs. Tauscher:
       Page 436, before line 8, insert the following (and conform 
     the table of contents of the bill accordingly):

     SEC. __. CAPITAL COST OF CONTRACTING VANPOOL PILOT PROGRAM.

       (a) Establishment.--The Secretary of Transportation shall 
     establish and implement a pilot program to carry out vanpool 
     demonstration projects in not more than 3 urbanized areas and 
     not more than 2 other than urbanized areas.
       (b) Pilot Program.--
       (1) In general.--Notwithstanding section 5323(i) of title 
     49, United States Code, for each project selected for 
     participation in the pilot program, the Secretary shall allow 
     the non-Federal share provided by a recipient of assistance 
     for a capital project under chapter 53 of such title to 
     include the amounts described in paragraph (2).
       (2) Conditions on acquisition of vans.--The amount expended 
     by a private provider of public transportation by vanpool for 
     the acquisition of vans to be used by such private provider 
     in the recipient's service area, excluding any amounts the 
     provider may have received in Federal, State, or local 
     government assistance for such acquisition, if the private 
     provider enters into a legally binding agreement with the 
     recipient that requires the private provider to use all 
     revenues it receives in providing public transportation in 
     such service area, in excess of its operating costs, for the 
     purpose of acquiring vans to be used by the private provider 
     in such service area.
       (c) Program Term.--The Secretary may approve an application 
     for a vanpool demonstration project for fiscal years 2008 
     through 2009.
       (d) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall transmit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate, a report containing 
     an assessment of the costs, benefits, and efficiencies of the 
     vanpool demonstration projects.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the 
gentlewoman from California (Mrs. Tauscher) and a Member opposed each 
will control 5 minutes.
  The Chair recognizes the gentlewoman from California.
  Mrs. TAUSCHER. Thank you, Mr. Chairman. I yield myself as much time 
as I may consume, and I will be very brief.
  I rise today to offer an amendment with my friend Mike Rogers of 
Michigan to provide commuters relief from soaring gas prices by making 
van pooling a more viable option. Our initiative creates a 2-year pilot 
program in five regions across the country. It will allow State and 
local governments access to a Federal Transit Administration policy 
known as the Federal Capital Cost of Contracting. While the change is 
fairly technical, its impact is not. It is estimated that this 
alteration could more than triple van pooling across the Nation, 
conserving over 500 million gallons of fuel per year and greatly 
reducing ozone emissions. Moreover, it won't impact the Federal budget, 
and the vehicles used are made by American manufacturers.
  Mr. Chairman, this commonsense amendment will give Americans access 
to another form of transportation that reduces greenhouse gas 
emissions, reduces congestion and saves fossil fuels.
  I ask my colleagues to support the amendment, I understand that 
Chairman Oberstar is willing to accept the amendment, and I am happy to 
reserve my time.
  Mr. BARTON of Texas. Mr. Chairman, I rise in opposition only to claim 
time.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized 
for 5 minutes.
  There was no objection.
  Mr. BARTON of Texas. And I do not oppose it. I think it's one of the 
best amendments that's been offered. Anything we can do to help. This 
is obviously something that needs to be done. Not only van pooling but 
car pooling, also. And the more emphasis we can put on this, this is 
one of the most cost-efficient ways to save transportation fuels out 
there.
  All you have to do is go to any freeway in any urban area in America 
and see all the cars and trucks that have only one person in them to 
understand how important this particular amendment is. I'm in very 
strong support of it and would urge its adoption.
  Mr. Chairman, I yield back the balance of my time.
  Mrs. TAUSCHER. Mr. Chairman, I thank the gentleman from Texas for his 
kind words. I once again thank Chairman Oberstar for his support. I 
urge my colleagues' support.
  Mr. OBERSTAR. Mr. Chairman, I rise in strong support of the amendment 
offered by the gentlewoman from California (Mrs. Tauscher) and the 
gentleman from Michigan (Mr. Rogers).
  Our Nation is experiencing a public transportation renaissance. Last 
year, people took over 10.1 billion trips on public transportation. 
Transit experienced its highest ridership in 47 years.
  Currently, transit use reduces U.S. gasoline consumption by 
approximately 1.4 billion gallons per year, or 3.9 million gallons per 
day. However, transit could play a much larger role in reducing our 
dependence on foreign oil if the traveling public had additional 
transit options.
  One of the lowest cost modes of public transportation is vanpooling. 
Vanpooling is an arrangement by which commuters travel together in a 
van, usually 6 to 15 passengers. Vanpooling is used often in para-
transit and special needs services, such as providing transportation 
services for the elderly. It is also used by employers to transport 
commuters to and from work. Vanpools provide transit services in a 
variety of ways. Public transportation agencies own and operate 
vanpools, and often times, the public agencies contract with private 
operators to provide vanpool service.
  This amendment creates a new vanpool demonstration program through 
the Department of Transportation to explore the cost and energy 
efficiencies of transit vanpool services. It will enhance the ability 
of communities to offer vanpool transit services by providing State and 
local governments access to a Federal Transit Administration policy 
known as the ``Federal Capital Cost of Contracting'' policy. The 
provision simply provides local governments with an additional option 
for using Federal formula transit dollars. It also allows private 
sector vanpool providers to leverage private investment with Federal 
transit funds, by using private capital as a local match, in order to 
lower the cost of joining a vanpool.
  It is estimated that this program could conserve over 500 million 
gallons of fuel per year and greatly reduce ozone emissions. The 
program will also provide commuters with increased transit services and 
options which will help reduce congestion nationwide without having an 
impact on the Federal budget.
  I urge my colleagues to support the Tauscher/Rogers amendment.
  Mrs. TAUSCHER. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from California (Mrs. Tauscher).
  The amendment was agreed to.


                  Amendment No. 19 Offered by Mr. Holt

  The Acting CHAIRMAN. It is now in order to consider amendment No. 19 
printed in part B of House Report 110-300.
  Mr. HOLT. Mr. Chairman, I have an amendment at the desk made in order 
under the rule.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 19 offered by Mr. Holt:
       In section 8101(c)(1) of the bill--
       (1) strike ``and'' before ``to alleviate''; and
       (2) insert before the period at the end ``, and to examine 
     the potential fuel savings

[[Page H9867]]

     from intelligent transportation systems that help businesses 
     and consumers to plan their travel and avoid delays, 
     including web-based real-time transit information systems, 
     congestion information systems, carpool information systems, 
     parking information systems, freight route management, and 
     traffic management systems''.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman 
from New Jersey (Mr. Holt) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. HOLT. Thank you, Mr. Chairman. I yield myself such time as I may 
consume, and I shall be brief.
  Suppose you are driving to work. Now, today you can listen to the 
radio and avoid some delays. But what if you had real-time information 
in your car that would instruct you to turn now and save 10 minutes on 
your commute? What if you could use that technology every day? What if 
millions of Americans used that technology every day? You would save 
time, fuel and money.
  Mr. Chairman, this is not far-fetched. The technology exists today, 
but it is not widely implemented, although it could be. Information 
technology is becoming cheaper and cheaper. Electronic systems are now 
relatively inexpensive and easy to install, but we've really not looked 
at using them systematically. My amendment would mandate a study of 
this new technology, such as web-based real-time information systems, 
freight route management, congestion information systems, car pool 
information systems, parking information and so forth and would examine 
the fuel savings.

                              {time}  1545

  This amendment, which is supported by the Intelligent Transportation 
Society of America, simply calls for a study of the energy savings from 
intelligent transportation systems. It, indeed, I would argue, is an 
intelligent amendment, and I believe Mr. Oberstar from Minnesota would 
agree.
  Mr. OBERSTAR. Will the gentleman yield?
  Mr. HOLT. I would be happy to yield to the gentleman from Minnesota.
  Mr. OBERSTAR. In the jurisdiction of the Committee on Transportation 
and Infrastructure, in our title of this bill we provide strengthening 
language for the Center for Climate Change and Environment in the 
Department of Transportation. And we require the Center to study and 
track low-cost solutions to reducing transportation-related energy use 
and greenhouse gas emissions, which is exactly in the line that the 
gentleman proposes, potential fuel savings and benefits derived from 
intelligent transportation systems.
  We have to use the available technology on the ground as we do in the 
air for ITS to save fuel and energy for aviation. We can apply that 
technology to the ground, as the gentleman is proposing. So we support 
this amendment.
  Mr. HOLT. I thank the gentleman.
  Again, this is very much in line with what the gentleman and his 
committee have authorized. The amendment just goes a step farther to 
require a study of the energy savings. I expect we will find that they 
are great, but let's do the study.
  I urge support of this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BARTON of Texas. We support the amendment and seek no time.
  Mr. HOLT. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Holt).
  The amendment was agreed to.


          Amendment No. 20 offered by Mr. Hastings of Florida

  The Acting CHAIRMAN. It is now in order to consider amendment No. 20 
printed in part B of House Report 110-300.
  Mr. HASTINGS of Florida. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 20 offered by Mr. Hastings of Florida:
       At the end of subtitle A of title II of the bill, insert 
     the following:

     SEC. 2104. REPORT ON PROGRESS MADE IN PROMOTING TRANSPARENCY 
                   IN EXTRACTIVE INDUSTRIES RESOURCE PAYMENTS.

       (a) Purpose.--The purpose of this section is to--
       (1) ensure greater United States energy security by 
     combating corruption in the governments of foreign countries 
     that receive revenues from the sale of their natural 
     resources, and
       (2) enhance the development of democracy and increase 
     political and economic stability in such resource-rich 
     foreign countries.
       (b) Findings.--Congress makes the following findings:
       (1) The United States is the world's largest consumer of 
     oil. The United States accounts for 25 percent of global 
     daily oil demand--despite having less than 3 percent of the 
     world's proven reserves.
       (2) 6 of the top 10 suppliers of United States crude oil 
     imports rank in the bottom third of the world's most corrupt 
     countries, according to Transparency International.
       (3) Corrupt and non-transparent foreign governments have a 
     much higher risk of instability and violent unrest, often 
     leading to disruptions of energy supplies. In addition, the 
     citizens of such countries often remain impoverished despite 
     significant resource wealth.
       (4) Oil is a fungible commodity. Therefore supply 
     disruptions due to political instability in other parts of 
     the world affect United States domestic price and supply 
     regardless of the source of supply.
       (5) Transparency in extractive revenue transactions is 
     important to decreasing corruption and increasing energy 
     security.
       (6) The Extractive Industries Transparency Initiative 
     (EITI) serves to improve investment climates through the 
     audited disclosure of revenue payments.
       (c) Statement of Policy.--It is the policy of the United 
     States--
       (1) to increase energy security by decreasing energy 
     reliance on corrupt foreign governments;
       (2) to promote global energy security through promotion of 
     programs such as EITI that seek to instill transparency and 
     accountability into extractive industries resource payments.
       (d) Sense of Congress.--It is the sense of Congress that 
     the United States should further global energy security and 
     promote democratic development in resource-rich foreign 
     countries by--
       (1) encouraging further participation in the Extractive 
     Industries Transparency Initiative (EITI) by eligible 
     countries and companies;
       (2) promoting the efficacy of the EITI program by ensuring 
     a robust and candid review mechanism;
       (3) establishing a domestic reporting requirement for all 
     companies that purchase natural resources from or make 
     payments to government officials or entities connected with 
     the extraction of such resources so that citizens can monitor 
     expenditures by government officials to ensure accountability 
     for illicit diversion and wasteful use of revenues received; 
     and
       (4) seeking to establish an international reporting 
     requirement similar to the reporting requirement described in 
     paragraph (3) in order to ensure that all international 
     companies and foreign countries are competing and cooperating 
     on a level playing field.
       (e) Report.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary of State shall submit to Congress a report on 
     progress made in promoting transparency in extractive 
     industries resource payments.
       (2) Matters to be included.--The report required by 
     paragraph (1) shall include a detailed description of United 
     States participation in the Extractive Industries 
     Transparency Initiative (EITI), bilateral and multilateral 
     diplomatic efforts to further participation in the EITI, and 
     other United States initiatives to strengthen energy 
     security, deter energy kleptocracy, and promote transparency 
     in the extractive industries.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman 
from Florida (Mr. Hastings) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. HASTINGS of Florida. Mr. Chairman, I yield myself such time as I 
may consume.
  (Mr. HASTINGS of Florida asked and was given permission to revise and 
extend his remarks.)
  Mr. HASTINGS of Florida. Mr. Chairman, my amendment is aimed at 
combating corruption in energy-exporting countries and promoting a 
global energy security.
  In my capacity as chairman of the Commission on Security and 
Cooperation in Europe, I have held a series of hearings on the issue of 
global energy security. I offer this amendment today as a culmination 
of findings from those hearings.
  This amendment encourages international participation in the 
Extractive Industries Transparency Initiative and similar efforts. This 
amendment will increase the accountability of where our energy comes 
from by urging international disclosure of energy transactions and 
requiring the Secretary of State to submit an annual report on EITI 
compliance. It also states

[[Page H9868]]

that it is the power of the United States to decrease reliance, energy 
reliance on corrupt foreign governments.
  I thank Chairmen Lantos and Dingell and my colleagues of the U.S. 
Helsinki Commission and the staff of the Helsinki Commission, and mine, 
for their anticipated support.
  I urge my colleagues to vote in favor of this amendment and the 
underlying legislation.
  Mr. Chairman, I rise today to offer an amendment to the H.R. 3221, 
the New Direction for Energy Independence, National Security, and 
Consumer Protection Act. The purpose of this amendment is two-fold: to 
combat corruption in energy-exporting countries and to promote 
democracy and the rule of law in these countries as well.
  In my capacity as Chairman of the bipartisan, bicameral Commission on 
Security and Cooperation in Europe (CSCE), I have held a series of 
hearings on the issue of global energy security in the 110th Congress. 
The topics of those hearings have spanned the vast diversity energy 
concerns of the 56 CSCE member nations. I offer this amendment today as 
a culmination of findings from those hearings.
  The United States is the world's largest consumer of oil, accounting 
for 25 percent of global daily oil demand, despite having less than 3 
percent of the world's proven reserves. As a result, we are 
increasingly dependent on foreign sources of energy.
  Mr. Chairman, unfortunately, the countries that the U.S. has become 
dependent on for that energy are not reliable politically. In fact, 
only two of the world's top 10 exporters, Norway and Mexico, are 
established democracies. The non-democratic exporting countries face 
political instability, which pose a serious threat to the supply and 
transit of the oil and gas that America runs on.
  While it is imperative that we work to limit our dependence on 
foreign oil and change the dynamic of supply and demand, it is just as 
important to create more stable and reliable sources of energy. As the 
National Petroleum Council recently reported, ``There can be no U.S. 
energy security without global energy security.''
  Mr. Chairman, my amendment meets our objective of global energy 
security by supporting international participation in the Extractive 
Industries Transparency Initiative (EITI) and similar efforts. This 
amendment also urges these countries to establish domestic reporting 
requirements for all companies that purchase natural resources or make 
payments connected with the extraction of such resources to increase 
the accessibility of these transactions for accountable monitoring.
  My amendment further requires that the Secretary of State submit to 
the Congress an annual report which details the United States' own 
participation in the Extractive Industries transparency Initiative, as 
well as our bilateral and multilateral diplomatic efforts to further 
global participation in EITI. This annual report would also entail 
other U.S. initiatives to strengthen energy security, deter energy 
kleptocracy, and promote transparency in the extractive industries.
  Finally, my amendment states that it is the energy policy of the 
United States ``to increase energy security by decreasing energy 
reliance on corrupt foreign governments.''
  Mr. Chairman, in order to have a comprehensive energy security policy 
for the nation, we must develop a complete strategy to improve 
transparency and accountability in oil-exporting states. My amendment 
will do just that.
  I urge my colleagues to support this amendment and the underlying 
legislation.
  Mr. Chairman, I yield such time as he may consume to the 
distinguished gentleman from California (Mr. Sherman).
  Mr. SHERMAN. Mr. Chairman, this amendment affects the portion of the 
bill within the jurisdiction of the Foreign Affairs Committee. Chairman 
Lantos accepts the amendment and commends the gentleman for his 
excellent work.
  Mr. HASTINGS of Florida. Mr. Chairman, I reserve the balance of my 
time.
  Mr. BARTON of Texas. Mr. Chairman, I am going to rise in confused 
opposition.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. BARTON of Texas. We have been trying to figure out what this 
amendment actually does. Would the author try to explain, in terms a 
Texan could understand, what you're attempting here with this 
amendment?
  Mr. HASTINGS of Florida. Will the gentleman yield?
  Mr. BARTON of Texas. Sure. I would be happy to yield.
  Mr. HASTINGS of Florida. There is a requirement for countries to 
participate in the extractive industries reporting.
  Basically what we are doing is, for the first time, asking the 
Secretary of State to encourage countries to participate in EITI. EITI 
is to be renewed on September 30. And if we nudge some countries, 
without mentioning names, some of them may very well determine to 
participate. That way we will have more assurance of our energy 
supplies and try, as best we can, not to participate in the future with 
foreign corrupt governments.
  Mr. BARTON of Texas. Reclaiming my time, is the gentleman attempting 
to create a system where we encourage democratic government in these 
developing countries? Are you trying to get the countries to adopt 
specific extractive practices? What is the underlying intent?
  Mr. HASTINGS of Florida. Extractive practices, if the gentleman would 
yield.
  Mr. BARTON of Texas. This is not an Energy and Commerce issue. The 
Government Reform Committee is not here. So I would say we will 
withdraw our opposition and just be neutral based on what the gentleman 
has said.
  Mr. Chairman, I yield back the balance of my time.
  Mr. HASTINGS of Florida. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Florida (Mr. Hastings).
  The amendment was agreed to.


                 Amendment No. 21 Offered by Ms. Solis

  The Acting CHAIRMAN. It is now in order to consider amendment No. 21 
printed in part B of House Report 110-300.
  Ms. SOLIS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 21 offered by Ms. Solis:
       At the end of subtitle B of title II of the bill, insert 
     the following:

     SEC. 2209. REPORT ON IMPACT OF GLOBAL CLIMATE CHANGE ON 
                   DEVELOPING COUNTRIES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State, in 
     consultation with the Administrator of the United States 
     Agency for International Development, the Administrator of 
     the Environmental Protection Agency, and the heads of other 
     appropriate Federal departments and agencies, shall submit to 
     the appropriate congressional committees a report on the 
     impact of global climate change on developing countries.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include--
       (1) an assessment of the current and anticipated needs of 
     developing countries in adapting to the impact of global 
     climate change; and
       (2) a strategy to address the current and anticipated needs 
     of developing countries in adapting to the impact of global 
     climate change, including the provision of United States 
     assistance to developing countries, and an identification of 
     existing funding sources and a description of new funding 
     sources that will be required specifically for such purposes.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the 
gentlewoman from California (Ms. Solis) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from California.
  Ms. SOLIS. Mr. Chairman, today I urge my colleagues to support this 
amendment that I'm offering with my colleagues, Mr. Gilchrest, Mr. 
Carnahan and Mr. Kirk.
  Climate impacts on developing countries could increase stresses on 
natural resources such as water, drought and agriculture and compromise 
public health for the world. Unfortunately, developing nations often 
have weak or unstable domestic infrastructures magnifying these 
impacts.
  The growing security risk of an unstable climate have been widely 
noted. On April 17, 2007, the U.N. Security Council held an open debate 
on the issue of national security and climate change. The issue was 
also subject of discussion at the Winter Parliamentary Assembly meeting 
of the OSCE, which I'm a participant in, on February 2007 where I was 
able to talk about and give a key address on our bipartisan efforts 
here in the U.S. House.
  A military advisory board, which included General Anthony Zinni, 
Admiral Richard Truly, Admiral Lopez and General Gordon Sullivan, 
concluded that climate change is the threat multiplier for instability 
and could push

[[Page H9869]]

already weak and failing governments toward authoritarianism and 
radical ideologies. As a result, the U.S. may be drawn more frequently 
into these situations to either provide stability or reconstruction.
  This amendment, Members, builds on the recognition and requires the 
Department of State, the Agency for International Development, the 
Environmental Protection Agency and other relevant agencies to assess 
specific needs of developing countries in adapting to climate changes. 
Based on the assessment, our amendment requires a strategy be submitted 
to the Congress to address these needs, including identification of 
existing funding and new funding sources which may be required for such 
purposes.
  Please join us in building a foundation to secure developing 
countries from instability associated with climate change.
  I yield to the gentleman from California (Mr. Sherman), a member of 
the Foreign Affairs Committee.
  Mr. SHERMAN. The amendment affects a portion of the bill within the 
jurisdiction of the Foreign Affairs Committee. Chairman Lantos accepts 
the amendment and commends the gentlelady and her co-authors on their 
excellent work.
  Ms. SOLIS. Mr. Chairman, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIRMAN. The gentlewoman from Florida is recognized for 5 
minutes.
  Ms. ROS-LEHTINEN. Mr. Chairman, what concerns me most about the 
amendment is its requirement for a report by the Secretary that 
includes a strategy to help developing countries to adapt to climate 
change, and I quote, ``including the provision of United States 
assistance to developing countries and an identification of existing 
funding sources, and a description of new funding sources that will be 
required specifically for such purposes.''
  Mr. Chairman, it's one thing to have the executive branch agencies 
compose a strategy, but it's quite another to encourage, if not 
require, such agencies to find new ways to justify further increasing 
U.S. foreign assistance to these countries.
  This strategy would come after the section of the bill, section 2202, 
which already calls for $200 million every year from the year 2008 to 
the year 2012 to be allocated for U.S. assistance and programs in 
developing countries that ``promote clean and efficient energy 
technologies.''
  I believe that there is a positive intent behind this amendment, and 
I commend my colleague, Ms. Solis, from California for offering it. But 
it would be a better proposal if it did not have a requirement that the 
report from the Secretary of State include a strategy that basically 
instructs the Secretary to tell us how to spend more money.
  So I hope that our colleagues would reject this amendment.
  Mr. Chairman, I yield back the balance of my time.
  Ms. SOLIS. Reclaiming my time, I would just like to submit that this 
is a study bill, and that we are exploring the possibilities of funding 
here.
  I would next like to recognize the gentleman from Missouri (Mr. 
Carnahan) for 30 seconds.
  Mr. CARNAHAN. Mr. Chairman, I rise just to add my voice in support of 
this bill and to submit the rest of my statement for the Record.
  I would like to thank my distinguished colleagues, Ms. Solis, Mr. 
Gilchrest, and Mr. Kirk for their work on this amendment.
  One of the important pieces of this bill is The ``International 
Climate Cooperation Re-engagement'' section, which seeks to re-engage 
U.S. involvement in global climate change and will work to reduce 
global greenhouse emissions worldwide.
  Our amendment will help us take another step in reducing the effects 
of global climate change.
  Numerous reports have found that climate change is directly linked 
to, and has a disproportionate effect on, developing countries by 
threatening the world's water supply and contributing to global 
poverty.
  In June 2007, the United Nations High Representative for Least 
Developed Countries issued a report stating that climate change was the 
one of the most severe threats facing the least developed countries of 
the world.
  As one of the largest greenhouse gas emitting countries in the world, 
it is our responsibility to help other countries adapt to the effects 
of global warming.
  This amendment will take a crucial step by requiring a report on the 
adaptation needs of developing countries, and developing a strategy to 
address those needs.
  Thank you and I urge adoption of our amendment.
  Ms. SOLIS. Mr. Chairman, I yield 1 minute to Mr. Gilchrest, who is 
also one of our major cosponsors of the legislation.
  Mr. GILCHREST. I thank the gentlelady for yielding.
  Mr. Chairman, what I would like to do is, to my colleagues, and 
certainly to the Speaker, if anybody else is listening, there is a lot 
of information out there about climate change. There is a lot of 
information about how it's going to affect the globe and how it's going 
to affect the United States.
  If there is any book that I have ever read with the written and 
pictorial word of that is ``Earth Under Fire: How Global Warming is 
Changing the World,'' Gary Braasch.
  What we need to do on this issue is understand a quote given by 
Norman Cousins who wrote the book 30 years ago, ``Human Options.'' And 
in that book there is a quote. That quote is, ``Knowledge is the 
solvent for danger.'' And you put that quote next to another one by 
Thomas Jefferson, which says, ``ignorance and a free society and a 
successful society are not compatible.''
  What we have here is a study to understand the concept of where human 
activity is not compatible with eons of nature design and its impact.
  Let's learn about that information. Let's vote for this amendment.
  Ms. SOLIS. Mr. Chairman, I would ask my colleagues to support this 
very important amendment and ask for an ``aye'' vote.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from California (Ms. Solis).
  The amendment was agreed to.
  Ms. SOLIS. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Sarbanes) having assumed the chair, Mr. Serrano, Acting Chairman of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 3221) 
moving the United States toward greater energy independence and 
security, developing innovative new technologies, reducing carbon 
emissions, creating green jobs, protecting consumers, increasing clean 
renewable energy production, and modernizing our energy infrastructure, 
had come to no resolution thereon.

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