[House Report 110-530]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-530

======================================================================

 
   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

                                _______
                                

 February 26, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    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.

                                  
