[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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