[Congressional Record Volume 157, Number 50 (Thursday, April 7, 2011)]
[House]
[Pages H2505-H2507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY TAX PREVENTION ACT OF 2011
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
proceedings will resume on the bill (H.R. 910) to amend the Clean Air
Act to prohibit the Administrator of the Environmental Protection
Agency from promulgating any regulation concerning, taking action
relating to, or taking into consideration the emission of a greenhouse
gas to address climate change, and for other purposes.
The Clerk read the title of the bill.
Motion to Recommit
Mr. McNERNEY. Madam Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. McNERNEY. I am opposed.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. McNerney moves to recommit the bill H.R. 910 to the
Committee on Energy and Commerce with instructions to report
the same to the House forthwith with the following amendment:
At the end of the bill, add the following:
SEC. 5. PROTECTION OF HEALTH OF VULNERABLE CHILDREN AND
SENIORS.
Nothing in this Act shall limit the authority of the
Administrator of the Environmental Protection Agency under
the Clean Air Act (42 U.S.C. 7401 et seq.), as in effect on
the day prior to the date of enactment of this Act, to
protect the health of vulnerable children and seniors,
including children with asthma and lung diseases, from the
effects of air pollution by large sources that emit 75,000
tons or more of carbon air pollution per year.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California is recognized for 5 minutes in support of the motion.
Mr. McNERNEY. Madam Speaker, I rise to offer an important motion to
recommit to H.R. 910. My motion is a straightforward amendment to
guarantee that America's most vulnerable children and seniors,
including children with asthma and lung diseases, can be protected from
the Nation's biggest polluters.
The Clean Air Act became law at a time when our cities were enveloped
in smog. And since then, the act has stopped the most egregious
polluters and improved public health. This motion is a substantial,
important amendment, and if passed, the motion allows a vote to
immediately proceed on final passage of H.R. 910. We can reduce air
pollution in a way that will create jobs, strengthen our economy,
bolster our national defense, and improve the health of our children.
I am gravely concerned that H.R. 910 will threaten the health and
safety of our most vulnerable Americans. There's a clear connection
between air pollution and respiratory diseases, and the motion I'm
offering makes sure that our children can lead healthy lives.
Asthma is an especially serious threat to America's children. This
problem is national in scope, but my home State is uniquely affected.
I'm honored to represent part of California's San Joaquin Valley, but,
unfortunately, the air quality is a persistent challenge in our
communities. In fact, as many as one in five children in the valley
have been diagnosed with asthma. My own son and daughter developed the
condition when they moved to an area of California's Central Valley
with hot temperatures and poor air quality. I know from personal
experience how vitally important it is to make sure our kids have
fresh, healthy air.
I'm confident that every Member of this body shares my desire to
reduce the incidence of asthma among America's children. Keeping our
children healthy is not a partisan issue. Fighting for the health,
happiness, and well-being of our children unites us as citizens, as
parents, as friends, and as neighbors.
But the statistics are sobering. According to the American Lung
Association, asthma affects more than 7 million children, and more than
4 million of those children suffer from an asthma attack each year.
Asthma kills 5,000 people each year in the United States and causes 14
million missed school days annually.
[[Page H2506]]
{time} 1440
Treating asthma costs our country more than $20 billion every year.
In fact, every day in America, 40,000 people miss work or school due to
asthma; 30,000 people have an asthma attack; and 11 die from asthma.
These are real children, real people.
That is why I am offering this simple, straightforward motion to
recommit today. My proposal is a commonsense improvement that makes
sure that our country preserves the ability to protect the air quality
for our children and seniors. The text of the motion is very clear, and
explicitly says that our goal is to protect children with asthma and
lung disease from the effects of air pollution.
I also want to make one other point clear. Just as I know that every
Member of this body cares about the health and well-being of America's
children, I also know that we care about our country's economic
recovery. Many in this Chamber feel passionately that we should do
everything that we can to make sure that small businesses and family
farms can grow and prosper without facing unnecessary regulatory
burdens. I am proud to represent a district with a rich agricultural
history, and I want everyone to know that this motion protects family
farmers and small businesses. This motion is explicitly limited in
scope to large facilities that emit 70,000 tons or more of carbon
annually.
In closing, I ask my friends and colleagues in the majority to
reflect on what this amendment says and what your vote will mean. The
amendment simply says that ``nothing in the act shall limit the
authority of the EPA to protect the health of vulnerable children and
seniors from the effects of air pollution.'' What can be more simple
than that? I ask my colleagues to do the right thing for our children
and seniors and support this motion to recommit.
I yield back the balance of my time.
Mr. UPTON. Madam Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Michigan is recognized
for 5 minutes.
Mr. UPTON. I would remind my colleagues, this is a procedural vote.
H.R. 910 does not impact asthma. Frankly, our side would have liked to
have debated this amendment. It was not offered to the Rules Committee.
It was offered in committee, where it was rejected on a voice vote.
If you read the endangerment finding, you will see that asthma is
mentioned one time. As to asthma, EPA's endangerment finding refers
only once to the term ``asthma,'' and then only in the context of
wildfires and particulate matter which is already regulated. So it
doesn't change that.
If you care about jobs, you are going to vote ``yes'' on the bill. If
you care about not increasing gas prices beyond $4, where they are in
much of the country today, you will vote for the bill, which means you
ought to vote ``no'' on the motion to recommit and ``yes'' on final
passage.
The Clean Air Act regulates 188 different pollutants. H.R. 910
doesn't change one of those. So please, my colleagues, vote ``no'' on
the motion to recommit and ``yes'' on final passage.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. McNERNEY. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--ayes 175,
noes 251, not voting 6, as follows:
[Roll No. 248]
AYES--175
Ackerman
Andrews
Baca
Baldwin
Bass (CA)
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Courtney
Crowley
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Gene
Grijalva
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Sires
Slaughter
Smith (WA)
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Weiner
Welch
Wilson (FL)
Woolsey
Wu
Yarmuth
NOES--251
Adams
Aderholt
Akin
Alexander
Altmire
Amash
Austria
Bachmann
Bachus
Barletta
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Chandler
Coble
Coffman (CO)
Cole
Conaway
Costello
Cravaack
Crawford
Crenshaw
Critz
Cuellar
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Donnelly (IN)
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Heller
Hensarling
Herger
Herrera Beutler
Holden
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Speier
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (FL)
Young (IN)
NOT VOTING--6
Burton (IN)
Frelinghuysen
Giffords
Green, Al
Gutierrez
Young (AK)
{time} 1501
So the motion to recommit was rejected.
[[Page H2507]]
The result of the vote was announced as above recorded.
Stated for:
Mr. AL GREEN of Texas. Mr. Speaker, today I was unavoidably detained
and missed the following vote: Motion to Recommit H.R. 910 (rollcall
No. 248). Had I been present, I would have voted ``yea'' on this
motion.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. WAXMAN. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 255,
nays 172, not voting 5, as follows:
[Roll No. 249]
YEAS--255
Adams
Aderholt
Akin
Alexander
Altmire
Amash
Austria
Bachmann
Bachus
Barletta
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boswell
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Chandler
Coble
Coffman (CO)
Cole
Conaway
Costa
Costello
Cravaack
Crawford
Crenshaw
Critz
Cuellar
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Donnelly (IN)
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Heller
Hensarling
Herger
Herrera Beutler
Holden
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Rahall
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schrader
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Sewell
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (FL)
Young (IN)
NAYS--172
Ackerman
Andrews
Baca
Baldwin
Bass (CA)
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Courtney
Crowley
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rangel
Reyes
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Scott, David
Serrano
Sherman
Shuler
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Weiner
Welch
Wilson (FL)
Woolsey
Wu
Yarmuth
NOT VOTING--5
Bilirakis
Burgess
Frelinghuysen
Giffords
Young (AK)
{time} 1508
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Amendment Offered by Mr. Polis
Mr. POLIS. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will report the amendment.
The Clerk read as follows:
Amend the title so as to read: ``A bill to increase
pollution, endanger the public health, and not address taxes
in any way.''.
The SPEAKER pro tempore. Under clause 6 of rule XVI, the amendment is
not debatable.
The question is on the amendment.
The amendment was rejected.
____________________