[Congressional Record Volume 158, Number 112 (Wednesday, July 25, 2012)]
[Daily Digest]
[Pages D774-D777]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 23 public bills, H.R. 6182-
6204; and 2 resolutions, H.J. Res. 116; and H. Res. 740 were 
introduced.                                              
  Pages H5290-92
Additional Cosponsors:                                   
  Pages H5292-93
Report Filed: A report was filed today as follows:
  H. Res. 741, providing for further consideration of the bill (H.R. 
4078) to provide that no agency may take any significant regulatory 
action until the unemployment rate is equal to or less than 6.0 percent 
(H. Rept. 112-623).                                          
Page H5290
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Farenthold to act as Speaker pro tempore for today. 
                                                             Page H5203
Recess: The House recessed at 10:45 a.m. and reconvened at 12 noon. 
                                                             Page H5208
Suspension--Failed: The House failed to agree to suspend the rules and 
pass the following measure:
  President Obama's Proposed 2012-2017 Offshore Drilling Lease Sale 
Plan Act: H.R. 6168, to direct the Secretary of the Interior to 
implement the Proposed Final Outer Continental Shelf Oil & Gas Leasing 
Program (2012-2017) in accordance with the Outer Continental Shelf 
Lands Act and other applicable law, by a 2/3 yea-and-nay vote of 164 
yeas to 261 nays, Roll No. 512.                   
  Pages H5212-17, H5224
Congressional Replacement of President Obama's Energy-Restricting and 
Job-Limiting Offshore Drilling Plan: The House passed H.R. 6082, to 
officially replace, within the 60-day Congressional review period under 
the Outer Continental Shelf Lands Act, President Obama's Proposed Final 
Outer Continental Shelf Oil & Gas Leasing Program (2012-2017) with a 
congressional plan that will conduct additional oil and natural gas 
lease sales to promote offshore energy development, job creation, and 
increased domestic energy production to ensure a more secure energy 
future in the United States, by a recorded vote of 253 ayes to 170 
noes, Roll No. 511. Consideration of the measure began yesterday, July 
24th.                                                    
  Pages H5217-24
  Rejected the Slaughter motion to recommit the bill to the Committee 
on Natural Resources with instructions to report the same back to the 
House forthwith with an amendment, by a yea-and-nay vote of 179 yeas to 
240 nays, Roll No. 510.                                  
Pages H5222-23
Rejected:
  Holt amendment (No. 2 printed in part C of H. Rept. 112-616) that was 
debated on July 24th that sought to strike the provision that requires 
the Secretary of the Interior to conduct a single multi-sale 
environmental impact statement for all of the new areas opened for 
drilling by the underlying bill (by a recorded vote of 163 ayes to 253 
noes, Roll No. 504);                                         
Page H5218
  Markey amendment (No. 4 printed in part C of H. Rept. 112-616) that 
was debated on July 24th that sought to prohibit gas produced under new 
leases authorized by this legislation from being exported to foreign 
countries (by a recorded vote of 158 ayes to 262 noes, Roll No. 505); 
                                                         Pages H5218-19
  Markey amendment (No. 5 printed in part C of H. Rept. 112-616) that 
was debated on July 24th that sought to create a statutory requirement 
that new leases offered pursuant to this act include drilling safety 
improvements in response to the BP Deepwater Horizon disaster (by a 
recorded vote of 189 ayes to 232 noes, Roll No. 506);    
Pages H5219-20
  Holt amendment (No. 6 printed in part C of H. Rept. 112-616) that was 
debated on July 24th that sought to end free drilling in the Gulf of 
Mexico by requiring oil companies to pay in order to receive new leases 
on public lands (by a recorded vote of 177 ayes to 247 noes, Roll No. 
507);                                                        
Page H5220
  Hastings (FL) amendment (No. 7 printed in part C of H. Rept. 112-616) 
that was debated on July 24th that sought to require each drilling 
permit application to include an estimate of how much the price of 
gasoline will decrease as a result of any oil or gas found under the 
permit (by a recorded vote of 158 ayes to 266 noes, Roll No. 508); and 
                                                         Pages H5220-21
  Hastings (FL) amendment (No. 8 printed in part C of H. Rept. 112-616) 
that was debated on July

[[Page D775]]

24th that sought to require each drilling permit application to include 
an estimate of the impact on global change of the consumption of any 
oil or gas found under the permit (by a recorded vote of 150 ayes to 
275 noes, Roll No. 509).                                     
Page H5221
  H. Res. 738, the rule providing for consideration of the bills (H.R. 
4078) and (H.R. 6082) was agreed to yesterday, July 24th.
Suspension--Proceedings Resumed: The House agreed to suspend the rules 
and pass the following measure which was debated yesterday, July 24th:
  Federal Reserve Transparency Act: H.R. 459, amended, to require a 
full audit of the Board of Governors of the Federal Reserve System and 
the Federal reserve banks by the Comptroller General of the United 
States before the end of 2012, by a \2/3\ yea-and-nay vote of 327 yeas 
to 98 nays, Roll No. 513.                                
  Pages H5224-25
  Agreed to amend the title so as to read: ``To require a full audit of 
the Board of Governors of the Federal Reserve System and the Federal 
reserve banks by the Comptroller General of the United States, and for 
other purposes.''.                                           
Page H5225
Regulatory Freeze for Jobs Act of 2012: The House began consideration 
of H.R. 4078, to provide that no agency may take any significant 
regulatory action until the unemployment rate is equal to or less than 
6.0 percent. Further proceedings were postponed.         
  Pages H5225-89
  Pursuant to the rule, an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 112-28, modified by the 
amendment printed in part A of H. Rept. 112-616, shall be considered as 
adopted in the House and in the Committee of the Whole, in lieu of the 
amendments in the nature of a substitute recommended by the Committees 
on the Judiciary and Oversight and Government Reform now printed in the 
bill. The bill, as amended, shall be considered as the original bill 
for the purpose of further amendment under the five-minute rule. 
                                                         Pages H5243-44
  Agreed to:
  Schweikert amendment (No. 14 printed in part B of H. Rept. 112-616) 
that defines ``annual cost to the economy'' as being inclusive of 
business revenue, so that determination of the bill's application shall 
be accurately applied;                                       
Page H5274
  Manzullo amendment (No. 22 printed in part B of H. Rept. 112-616) 
that requires each Federal agency to submit and obtain approval from 
the Director of the Office of Science and Technology Policy (OSTP) 
guidelines for ensuring and maximizing the quality, objectivity, 
utility, and integrity of scientific information relied upon by the 
agency; and                                              
Pages H5283-84
  Lummis amendment (No. 23 printed in part B of H. Rept. 112-616) that 
adds a new title to the bill requiring the tracking and reporting of 
all payments issued pursuant to the Equal Access to Justice Act (EAJA). 
Would establish a publicly available, online searchable database to 
access information regarding EAJA payments and the parties involved in 
the adjudicatory action leading to an EAJA payment.      
Pages H5284-86
Rejected:
  Hastings (FL) amendment (No. 1 printed in part B of H. Rept. 112-616) 
that sought to provide an exception to the underlying legislation, 
permitting agencies to make regulatory actions intended to ensure safe 
drinking water (by a recorded vote of 188 ayes to 231 noes, Roll No. 
514);                                          
Pages H5251-52, H5261-62
  Johnson (GA) amendment (No. 2 printed in part B of H. Rept. 112-616) 
that sought to exempt regulatory actions pertaining to privacy from 
Title I of the bill and exempt midnight rules pertaining to privacy 
from Title II of the bill. The amendment would also have exempted 
consent decrees and settlement agreements in an action to compel agency 
action pertaining to privacy from Title III of the bill (by a recorded 
vote of 159 ayes to 259 noes, Roll No. 515);      
Pages H5252-53, H5262
  Kucinich amendment (No. 3 printed in part B of H. Rept. 112-616) that 
sought to exempt from the provisions of the bill any significant 
regulatory action specifically aimed at limiting oil speculation (by a 
recorded vote of 173 ayes to 245 noes, Roll No. 516); 
                                               Pages H5253-59, H5262-63
  Welch amendment (No. 4 printed in part B of H. Rept. 112-616) that 
sought to provide an exception for regulations which are intended to 
promote energy efficiency (by a recorded vote of 174 ayes to 242 noes, 
Roll No. 517); and                                
Pages H5259-60, H5263
  Markey amendment (No. 5 printed in part B of H. Rept. 112-616) that 
sought to allow regulations protecting the public from extreme weather, 
including drought, flooding and catastrophic wildfire, to go forward 
despite the prohibitions in the underlying bill (by a recorded vote of 
177 ayes to 240 noes, Roll No. 518).           
Pages H5260-61, H5263-64
  Proceedings Postponed:
  Watt amendment (No. 6 printed in part B of H. Rept. 112-616) that 
seeks to exempt regulatory actions that are regulatory actions by the 
U.S. Patent and Trademark Office that streamline the application 
process for patents and trademarks, including rules implementing the 
micro entity provision of the Leahy-Smith America Invents Act, from 
Title I of the bill and exempts midnight rules implementing

[[Page D776]]

such provisions from Title II of the bill. The amendment also would 
exempt consent decrees and settlement agreements in an action to compel 
agency action by the PTO to help streamline the application process for 
patents and trademarks from Title III of the bill;           
Page H5265
  Loebsack amendment (No. 7 printed in part B of H. Rept. 112-616) that 
seeks to allow actions that would lower prices for gasoline, diesel, 
oil, or other motor fuels;                               
Pages H5265-67
  Richardson amendment (No. 8 printed in part B of H. Rept. 112-616) 
that seeks to ensure that the provisions of the Patient Protection and 
Affordable Care Act and the health provisions of the Health Care and 
Education Reconciliation Act of 2010 can be carried out; 
                                                         Pages H5267-68
  Richardson amendment (No. 9 printed in part B of H. Rept. 112-616) 
that seeks to allow regulations that protect consumers under the Fair 
Credit Reporting Act;                                    
Pages H5268-69
  Connolly amendment (No. 10 printed in part B of H. Rept. 112-616) 
that seeks to clarify the procedure for considering a request for a 
congressional waiver by the President;                   
Pages H5269-70
  Posey amendment (No. 11 printed in part B of H. Rept. 112-616) that 
seeks to require that awarded attorney's fees and costs for small 
businesses in Title I would be paid out of the administrative budget of 
the office in the agency that proposed the regulation;   
Pages H5270-71
  Nadler amendment (No. 12 printed in part B of H. Rept. 112-616) that 
seeks to exempt issues relating to nuclear power plants from the 
obstacles to establishing safety protections in the following titles of 
H.R. 4078: Title I (Regulatory Freeze for Jobs Act); Title III 
(Sunshine for Regulatory Decrees and Settlements Act); Title V 
(Responsibly and Professionally Invigorating Development (RAPID) Act); 
                                                         Pages H5271-73
  McKinley amendment (No. 13 printed in part B of H. Rept. 112-616) 
that seeks to reduce the term ``significant regulatory action'' from 
$100,000,000 or more to $50,000,000 or more in annual cost to the 
economy. This amendment would allow for more oversight on Federal 
Agency Regulations by lowering the dollar amount threshold; 
                                                         Pages H5273-74
  George Miller (CA) amendment (No. 15 printed in part B of H. Rept. 
112-616) that seeks to exempt from the definition of significant 
regulatory action a rule that would prevent or reduce deaths or 
injuries caused by explosions and fires related to the ignition of 
combustible dusts in the workplace;                      
Pages H5275-76
  Woolsey amendment (No. 16 printed in part B of H. Rept. 112-616) that 
seeks to exempt from the definition of significant regulatory action a 
rule that would prevent or reduce the number of workers suffering 
electrocutions or other fatalities associated with working on high 
voltage transmission and distribution lines;             
Pages H5276-77
  Waters amendment (No. 18 printed in part B of H. Rept. 112-616) that 
seeks to authorize appropriations (1) to enable the SEC and CFTC to 
carry out the additional cost/benefit analysis requirements under the 
bill; (2) for costs of litigation incurred by the Commissions related 
to the requirements under the bill;                      
Pages H5277-78
  Fitzpatrick amendment (No. 19 printed in part B of H. Rept. 112-616) 
that seeks to direct the Securities and Exchange Commission to take 
into account the large burden of section 404b of Sarbanes-Oxley on 
companies with a public float less than $250 million, compared to the 
benefit;                                                 
Pages H5278-80
  Posey amendment (No. 20 printed in part B of H. Rept. 112-616) that 
seeks to keep the U.S. Securities and Exchange Commission (SEC) from 
enforcing or issuing interpretive guidance on climate change; 
                                                         Pages H5280-82
  Maloney amendment (No. 21 printed in part B of H. Rept. 112-616) that 
seeks to mandate that Title VI cannot take effect until the Chair of 
the SEC certifies that in conducting the cost benefit analysis no 
resources will be diverted away from the SEC's mission to protect 
investors, maintain efficient markets and promote access to capital; 
and                                                      
Pages H5282-83
  Posey amendment (No. 25 printed in part B of H. Rept. 112-616) that 
seeks to make it clear that the definition of ``significant regulatory 
action'' would include new Treasury regulations regarding non-resident 
alien deposits.                                          
Pages H5286-89
  H. Res. 738, the rule providing for consideration of the bills (H.R. 
4078) and (H.R. 6082) was agreed to yesterday, July 24th.
Order of Business: Agreed by unanimous consent that it be in order at 
any time to consider H. Con. Res. 134 in the House; that the concurrent 
resolution be considered as read; and that the previous question be 
considered as ordered on the concurrent resolution and preamble to 
adoption without intervening motion or demand for division of the 
question except 30 minutes of debate equally divided and controlled by 
Representative Coffman and Representative Perlmutter or their 
respective designees.                                        
  Page H5264
Meeting Hour: Agreed that when the House adjourns today, it adjourn to 
meet at 9 a.m. tomorrow, July 26th.                  
  Pages H5264, H5289
Senate Message: Message received from the Senate by the Clerk and 
subsequently presented to the House today appears on page H5225.

[[Page D777]]

Senate Referral:  S. 2090 was held at the desk.              
  Page H5225
Quorum Calls--Votes: Three yea-and-nay votes and 12 recorded votes 
developed during the proceedings of today and appear on pages H5218, 
H5218-19, H5219-20, H5220, H5220-21, H5221, H5223, H5223-24, H5224, 
H5224-25, H5261, H5262, H5262-63, H5263, H5264. There were no quorum 
calls.
Adjournment: The House met at 10 a.m. and adjourned at 10:01 p.m.