[House Report 110-530]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-530
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5351) TO AMEND THE
INTERNAL REVENUE CODE OF 1986 TO PROVIDE TAX INCENTIVES FOR THE
PRODUCTION OF RENEWABLE ENERGY AND ENERGY CONSERVATION
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February 26, 2008.--Referred to the House Calendar and ordered to be
printed
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Ms. Matsui, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1001]
The Committee on Rules, having had under consideration
House Resolution 1001, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5351, the
``Renewable Energy and Energy Conservation Tax Act of 2008,''
under a structured rule. The resolution provides ninety minutes
of debate equally divided and controlled by the chairman and
ranking minority member of the Committee on Ways and Means.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution provides that the bill shall
be considered as read. The resolution waives all points of
order against provisions of the bill. This waiver does not
affect the point of order available under clause 9 of rule XXI
(regarding earmark disclosure).
The resolution makes in order an amendment in the nature of
a substitute printed in the Congressional Record if offered by
Rep. McCrery or his designee. The resolution waives all points
of order against the amendment in the nature of a substitute
except those arising under clause 7 of rule XVI or clause 9 or
10 of rule XXI. The resolution provides that the amendment in
the nature of a substitute shall be considered as read and
separately debatable for one hour equally divided and
controlled by the proponent and an opponent.
The resolution provides one motion to recommit the bill
with or without instructions. Notwithstanding the operation of
the previous question, the Chair may postpone further
consideration until a time designated by the Speaker. Finally,
the resolution provides that H. Res. 983 shall be laid on the
table.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except those arising under clause 9 or 10 of rule
XXI) includes a waiver of section 303 of the Congressional
Budget Act (prohibiting consideration of legislation providing
new budget authority, change in revenues, change in public
debt, new entitlement authority, or new credit authority for a
fiscal year until the budget resolution for that year has been
agreed to) and section 311 of the Congressional Budget Act
(prohibiting consideration of legislation that would cause new
budget authority or outlays to exceed or revenue to fall below
the levels set forth in the budget resolution). The Committee
is not aware of any points of order against provisions of the
bill. The waiver of all points of order against provisions of
the bill is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 436
Date: February 26, 2008.
Measure: H.R. 5351.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment in the nature of a substitute by Rep.
Smith (TX), #5, which would offer H.R. 3773 as passed by the
Senate on February 12, 2008, a substitute to H.R. 5351.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 437
Date: February 26, 2008.
Measure: H.R. 5351.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment offered by Rep. Bilbray (CA), #2,
which would remove the 51 cent volumetric ethanol excise tax
credit for ``corn based'' ethanol; and an amendment offered by
Rep. Bilbray (CA), #3, which would suspend the volumetric
excise tax credit for corn based alcohol until the study
outlined in section 402 (comprehensive study of biofuels) is
completed.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 438
Date: February 26, 2008.
Measure: H.R. 5351.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment in the nature of a substitute offered
by Rep. English (PA), #6, which extends energy tax credits.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 439
Date: February 26, 2008.
Measure: H.R. 5351.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Burgess (TX), #4, which would
allow the tax benefits limited by section 301 of the bill
(limitation on deduction for income attributable to domestic
production of oil, gas, or primary products thereof) to be
reinstated if the Secretary of the Treasury certifies that (1)
gas prices have increased by 5% or more as a result of the
amendments made by the Act or (2) the investment assets of
pension funds have declined 5% or more in value as a result of
the amendments made by the Act.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 440
Date: February 26, 2008.
Measure: H.R. 5351.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Brady (TX), #8, which would
strike section 301 of the bill (limitation on deduction for
income attributable to domestic production of oil, gas, or
primary products thereof).
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.