[Congressional Record (Bound Edition), Volume 157 (2011), Part 4]
[House]
[Pages 5540-5543]
[From the U.S. 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.

[[Page 5541]]

  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.

                              {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

[[Page 5542]]


     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.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. AL GREEN of Texas. Madam 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.


                     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.

[[Page 5543]]

  The question is on the amendment.
  The amendment was rejected.
  A motion to reconsider was laid on the table.

                          ____________________