[Congressional Record (Bound Edition), Volume 157 (2011), Part 13]
[House]
[Pages 18750-18751]
[From the U.S. Government Publishing Office, www.gpo.gov]




          PROVIDING FOR OUR WORKFORCE AND ENERGY RESOURCES ACT

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 2360) to amend the Outer Continental Shelf 
Lands Act to extend the Constitution, laws, and jurisdiction of the 
United States to installations and devices attached to the seabed of 
the Outer Continental Shelf for the production and support of 
production of energy from sources other than oil and gas, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2360

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Providing for Our Workforce 
     and Energy Resources Act'' or the ``POWER Act''.

     SEC. 2. EXTENSION OF CONSTITUTION, LAWS, AND JURISDICTION OF 
                   THE UNITED STATES TO ENERGY FACILITIES AND 
                   DEVICES ON THE OUTER CONTINENTAL SHELF.

       Section 4(a)(1) of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1333(a)(1)) is amended by--
       (1) inserting ``or producing or supporting production of 
     energy from sources other than oil and gas'' after 
     ``therefrom'';
       (2) inserting ``or transmitting such energy'' after 
     ``transporting such resources''; and
       (3) inserting ``and other energy'' after ``That mineral''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Hastings) and the gentleman from New Mexico (Mr. Lujan) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous materials on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.

                              {time}  1540

  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  I appreciate the opportunity to bring to the floor the Providing for 
Our Workforce and Energy Resources or POWER Act, introduced by our 
colleague from Louisiana (Mr. Landry).
  The House Natural Resources Committee is dedicated to creating 
domestic American jobs and protecting the safety of our workers. When 
we pass legislation that encourages safe and efficient energy 
development on Federal lands, not only are we decreasing domestic 
energy production, but we are also generating the millions of jobs that 
support those industries; and when I say that, I mean all energy jobs.
  Republicans in Congress are committed to an all-of-the-above energy 
strategy. We are committed to promoting jobs in wind, solar, oil, gas, 
hydro, and geothermal energy. Developing all of these resources to 
ensure reliable and affordable energy for the American people will 
benefit families and businesses across our country in the form of lower 
energy costs and greater job growth.
  To help foster this private sector job growth, eliminating regulatory 
uncertainty can really clear the way to spur investment, protect 
American workers, and spur job creation. The bill under consideration 
does just that.
  The POWER Act clarifies the Outer Continental Shelf Lands Act to 
ensure the full and fair application of our Nation's laws to all 
offshore energy development, including renewable energy, rather than 
waiting for various rulings and interpretations by Federal agencies. 
This simple, commonsense bill will provide greater certainty to those 
looking to invest and develop renewable energy projects and the 
infrastructure to support those projects off our shores.
  I want everyone to be clear that this is not a major change in law. 
It is merely a technical clarification to ensure that Federal agencies 
have the important guidance they need to ensure that our Nation's laws 
are applied in the manner in which they were intended.
  Although not a major change, it is an important one, and Mr. Landry 
should get the credit for putting this bill forward.
  American companies are on the verge of investing hundreds of millions 
of dollars in developing renewable energy on our Outer Continental 
Shelf, and they need the certainty that our laws will be applied fairly 
to their activities.
  Developing our Nation's energy resources benefits our economy, our 
people, and our national security. I believe this bill helps provide 
the certainty needed to help move America down the path. I applaud Mr. 
Landry for his work, and I urge my colleagues to support the bill.
  I reserve the balance of my time.
  Mr. LUJAN. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 2360 would clarify that U.S.-flagged vessels must be used for 
the transportation of merchandise, supplies, construction materials, 
and maintenance materials between the U.S. mainland and offshore wind 
farms.
  The American Wind Energy Association has indicated that their member 
companies already operate in conformance with Jones Act requirements 
for offshore wind farms. The Offshore Wind Development Coalition 
testified on H.R. 2360 that wind developers already accept the 
applicability of the Jones Act for offshore wind farms.
  The Department of the Interior has testified that the relevant 
statutes already apply to offshore renewable energy installations. In 
addition, the Interior Department has also testified

[[Page 18751]]

that H.R. 2360 would not expand current law, but that it would simply 
clarify that section 4(a) of Outer Continental Shelf Lands Act applies 
to renewable energy production offshore to the extent that there is any 
uncertainty.
  Comments on this bill from Customs and Border Protection echo the 
Interior Department's interpretation that H.R. 2360 would simply 
clarify that the Jones Act applies to offshore wind farms. The Customs 
and Border Protection comments also reaffirm the interpretation that 
H.R. 2360 would not expand current law to cover vessels responsible for 
laying transmission lines or other vessels assisting in the 
construction process beyond what the current law already provides.
  We share these interpretations of H.R. 2360 and of the underlying 
statutes. However, to the extent that there may be any uncertainty that 
would be aided by clarification, we have no problem with the 
legislation.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield 3 minutes to the 
author of this legislation, the gentleman from Louisiana (Mr. Landry).
  Mr. LANDRY. Mr. Speaker, when I talk to business owners around the 
country, there are two things that I hear prevent them from putting 
Americans back to work, and that is regulatory uncertainty and inequity 
in government regulations.
  Both the industry and the administration have confirmed the existence 
of ambiguity in the current law governing energy development on the 
Outer Continental Shelf. This is creating uncertainty and inequity, 
affecting job creation.
  This bill corrects the problem and strengthens our renewable energy 
industry by giving our stakeholders the information needed to make the 
right business decisions and investments. It levels the playing field 
for all industries operating on the Outer Continental Shelf.
  We agree that to effectively rid ourselves of foreign oil we need an 
all-of-the-above approach to energy development, and our laws should 
follow suit as this industry develops.
  Both sides of the aisle don't often agree on ways to strengthen our 
energy independence and on ways to create jobs; however, this bill 
affords us the opportunity to do just that.
  I'm proud to have bipartisan support for this bill and want to thank 
both the distinguished chairman from the State of Washington (Mr. 
Hastings) and the distinguished gentleman from New Jersey (Mr. Holt), 
who helped us on this bill.
  Mr. LUJAN. Mr. Speaker, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield back my time and 
urge adoption of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, H.R. 2360.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. LUJAN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________