[House Report 116-200]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-200
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 205) TO AMEND THE GULF OF
MEXICO ENERGY SECURITY ACT OF 2006 TO PERMANENTLY EXTEND THE MORATORIUM
ON LEASING IN CERTAIN AREAS OF THE GULF OF MEXICO; PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 1146) TO AMEND PUBLIC LAW 115-97
(COMMONLY KNOWN AS THE TAX CUTS AND JOBS ACT) TO REPEAL THE ARCTIC
NATIONAL WILDLIFE REFUGE OIL AND GAS PROGRAM, AND FOR OTHER PURPOSES;
AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1941) TO AMEND THE
OUTER CONTINENTAL SHELF LANDS ACT TO PROHIBIT THE SECRETARY OF THE
INTERIOR INCLUDING IN ANY LEASING PROGRAM CERTAIN PLANNING AREAS, AND
FOR OTHER PURPOSES
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September 9, 2019.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Hastings, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 548]
The Committee on Rules, having had under consideration
House Resolution 548, by a record vote of 9 to 4, 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. 205,
Protecting and Securing Florida's Coastline Act of 2019, under
a structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Natural Resources. The
resolution waives all points of order against consideration of
the bill. The resolution provides that an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 116-29, modified by the amendment printed in
part A of this report, shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution makes in order only those amendments
printed in part B of this report. Each such amendment may be
offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in part B of
this report. The resolution provides one motion to recommit
with or without instructions. The resolution provides for
consideration of H.R. 1146, the Arctic Cultural and Coastal
Plain Protection Act, under a structured rule. The resolution
provides one hour of general debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Natural Resources. The resolution waives all
points of order against consideration of the bill. The
resolution provides that an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 116-
30, modified by the amendment printed in part C of this report,
shall be considered as adopted and the bill, as amended, shall
be considered as read. The resolution waives all points of
order against provisions in the bill, as amended. The
resolution makes in order only those amendments printed in part
D of this report. Each such amendment may be offered only in
the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. The resolution waives all
points of order against the amendments printed in part D of
this report. The resolution provides for one motion to recommit
with or without instructions. The resolution provides for
consideration of H.R. 1941, the Coastal and Marine Economies
Protection Act, under a structured rule. The resolution
provides one hour of general debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Natural Resources. The resolution waives all
points of order against consideration of the bill. The
resolution provides that an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 116-
31, modified by the amendment printed in part E of this report,
shall be considered as adopted and the bill, as amended, shall
be considered as read. The resolution waives all points of
order against provisions in the bill, as amended. The
resolution makes in order only those amendments printed in part
F of this report. Each such amendment may be offered only in
the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. The resolution waives all
points of order against the amendments printed in part F of
this report. The resolution provides one motion to recommit
with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 205 includes waivers of the following:
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the bill
proposes to change current law.
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the text of
the bill as proposed to be considered differs from the
text of the bill as reported.
Although the resolution waives all points of order against
provisions in H.R. 205, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
The waiver of all points of order against consideration of
H.R. 1146 includes waivers of the following:
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the bill
proposes to change current law.
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the text of
the bill as proposed to be considered differs from the
text of the bill as reported.
Clause 10 of rule XXI, which prohibits
consideration of a measure that has a net effect of
increasing the deficit or reducing the surplus over the
five- or 10-year period; however, the budgetary effects
of the bill are fully offset over the 10-year period.
The waiver of all points of order against provisions in
H.R. 1146, as amended, includes a waiver of the following:
Clause 5(a) of rule XXI, which prohibits a
bill carrying a tax or tariff measure from being
reported by a committee not having jurisdiction to
report tax or tariff measures.
Although the resolution waives all points of order against
the amendments printed in part D of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
The waiver of all points of order against consideration of
H.R. 1941 includes:
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the bill
proposes to change current law.
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the text of
the bill as proposed to be considered differs from the
text of the bill as reported.
Although the resolution waives all points of order against
provisions in H.R. 1941, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part F of this report, the Committee
is not aware of any points of order. The waiver 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. 165
Motion by Mr. Cole to add a section to the rule that
provides that it shall be in order at any time through
September 27, 2019, for the Speaker to entertain motions that
the House suspend the rules relating to the bill (H.R. 553) to
amend Title 10, United States Code, to repeal the requirement
for reduction of survivor annuities under the Survivor Benefit
Plan for military surviving spouses to offset the receipt of
veterans dependency and indemnity compensation, and for other
purposes. Defeated: 4-9.
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Majority Members Vote Minority Members Vote
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Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 166
Motion by Ms. Scanlon to report the rule. Adopted: 9-4.
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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Yea Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... Yea Mrs. Lesko........................ Nay
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Mr. DeSaulnier.................................. Yea
Mr. McGovern, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENT TO H.R. 205 IN PART A CONSIDERED AS ADOPTED
1. Grijalva (AZ): Makes a technical correction.
SUMMARY OF THE AMENDMENTS TO H.R. 205 IN PART B MADE IN ORDER
1. Crist (FL), Buchanan (FL), Hastings (FL), Shalala (FL),
Wasserman Schultz (FL), Deutch (FL), Frankel (FL), Mucarsel-
Powell (FL), Murphy (FL), Soto (FL): Codifies the Well Control
Rule and the Production Safety Systems Rule in their original
forms. (10 minutes)
2. Barragan (CA): Contracts the study entitled ``Review and
Update of Bureau of Safety and Environmental Enforcement
Offshore Oil and Gas Operations Inspection Program'' to the
National Academy of Sciences, Engineering, and Medicine. (10
minutes)
3. Gosar (AZ): Allows the bill to go into effect when DOI,
in consultation with USFWS, certifies that the offshore energy
moratorium in the bill will not kill a substantial number of
minority and women jobs. (10 minutes)
SUMMARY OF THE AMENDMENT TO H.R. 1146 IN PART C CONSIDERED AS ADOPTED
1. Grijalva (AZ): Makes technical corrections.
SUMMARY OF THE AMENDMENTS TO H.R. 1146 IN PART D MADE IN ORDER
1. Young (AK): States that the repeal shall not take effect
until the Alaska Natives who live and work closest to the
proposed oil and gas development in the Coastal Plain of ANWR
are thoroughly consulted regarding the effect of the bill on
their quality of life and future. (10 minutes)
2. Gosar (AZ): Allows the bill to go into effect when DOI,
in consultation with DOL, certifies that the offshore energy
moratorium in the bill will not kill a substantial number of
Native American, minority and women jobs. (10 minutes)
3. Gosar (AZ): Allows the bill to go into effect when DOI,
in consultation with DOL, certifies that the bill will not harm
Caribou herd populations. (10 minutes)
SUMMARY OF THE AMENDMENT TO H.R. 1941 IN PART E CONSIDERED AS ADOPTED
1. Grijalva (AZ): Makes a technical correction.
SUMMARY OF THE AMENDMENTS TO H.R. 1941 IN PART F MADE IN ORDER
1. McClintock (CA): Allows (but does not mandate) the
Pacific OCS planning area to be included in a future five-year
leasing plan under the Outer Continental Shelf Lands Act. (10
minutes)
2. Gosar (AZ): Changes the name of the bill to the Russian
Energy Reliance and U.S. Poverty Act. (10 minutes)
3. Lesko (AZ): Requires the Department of the Interior, in
consultation with the Department of Defense, to confirm that
this legislation poses no national security risk due to
potential increases in dependence on foreign oil. (10 minutes)
4. Langevin (RI): Requires a GAO study on the impacts of
offshore drilling on coastal communities and coastal economies.
(10 minutes)
5. Rouda (CA): Adds a provision to the bill that would
direct the Department of the Interior to make the information
from the inspections and payments made into the `Ocean Energy
Safety Fund' required by the bill available to the public,
including information related to the operators, facilities,
amounts paid into the fund, and inspection results. (10
minutes)
6. Levin, Andy (MI), Van Drew (NJ), Beyer (VA), Smith,
Christopher (NJ): Establishes a moratorium on oil, gas, and
methane hydrate-related seismic activities in the Atlantic
Ocean. (10 minutes)
7. Gosar (AZ): Allows the bill to go into effect when DOI,
in consultation with DOL, certifies that the offshore energy
moratorium in the bill will not kill a substantial number of
minority and women jobs. (10 minutes)
8. Rouda (CA): Adds a provision to the bill that would
require the Department of Commerce to complete an economic
impact study/assessment of potential damage related to offshore
oil drilling--including tourism, commercial fishing,
recreational fishing, boating, transportation, and other
waterfront-related and coastal-related business. (10 minutes)
PART A--TEXT OF AMENDMENT TO H.R. 205 CONSIDERED AS ADOPTED
Page 4, line 21, strike ``rigs'' and insert ``non-rig
units''.
PART B--TEXT OF AMENDMENTS TO H.R. 205 MADE IN ORDER
1. An Amendment To Be Offered by Representative Crist of Florida or His
Designee, Debatable for 10 Minutes
Page 1, after line 10, insert the following:
SEC. 3. PRODUCTION SAFETY SYSTEMS AND WELL CONTROL.
Subparts D, E, F, G, H, and Q of section 250 of title 30,
Code of Federal Regulations (as in effect on January 1, 2018),
shall have the same force and effect of law as if such subparts
had been enacted by an Act of Congress.
Page 1, line 11, strike ``3'' and insert ``4''.
Page 5, line 5, strike ``4'' and insert ``5''.
----------
2. An Amendment To Be Offered by Representative Barragan of California
or Her Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 5. STUDY ON BSEE OFFSHORE OIL AND GAS OPERATIONS INSPECTION
PROGRAM.
The Secretary of the Interior shall contract with the
National Academies of Sciences, Engineering, and Medicine to
complete, not later than 21 months after the date of the
enactment of this Act, the study entitled ``Review and Update
of Bureau of Safety and Environmental Enforcement Offshore Oil
and Gas Operations Inspection Program'' that the Secretary of
the Interior had previously contracted with the National
Academies of Sciences, Engineering, and Medicine to complete.
----------
3. An Amendment To Be Offered by Representative Gosar of Arizona or His
Designee, Debatable for 10 Minutes
At the end of the bill, insert the following:
SEC. 5. EFFECTIVE DATE.
Section 2 of this Act shall not be effective until the
Secretary of the Interior, in consultation with the Director of
the United States Fish and Wildlife Service, finds that the
moratorium under such section will not adversely affect jobs
available to minorities and women.
PART C--TEXT OF AMENDMENT TO H.R. 1146 CONSIDERED AS ADOPTED
Page 3, line 15, strike ``$23,000'' and insert ``$25,300''.
Page 3, line 18, strike ``$37,000'' and insert ``$40,700''.
Page 3, line 21, strike ``$69,000'' and insert ``$75,900''.
Page 4, line 3, strike ``$67,000'' and insert ``$73,700''.
Page 4, line 5, strike ``$37,000'' and insert ``$40,700''.
Page 4, line 13, strike ``$26,520'' and insert ``$29,172''.
Page 4, line 16, strike ``$23,060'' and insert ``$25,366''.
Page 4, line 19, strike ``$8,940'' and insert ``$9,834''.
Page 4, line 19, strike ``rigs'' and insert ``non-rig
units''.
PART D--TEXT OF AMENDMENTS TO H.R. 1146 MADE IN ORDER
1. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes
On page 1, line 6, strike ``Section'' and insert the
following:
(a) Section
On page 1, after line 7, insert the following:
(b) Tribal Consultation Requirement.--The repeal made by
subsection (a) shall not take effect until--
(1) the Secretary of the Interior completes a
thorough consultation with the Inupiat people regarding
the effect of this Act on the quality of life, human
rights, and future of the Inupiat people; and
(2) by formal action Kaktovic Village approves of
such repeal.
----------
2. An Amendment To Be Offered by Representative Gosar of Arizona or His
Designee, Debatable for 10 Minutes
At the end of the bill, insert the following:
SEC. 5. EFFECTIVE DATE.
Section 2 of this Act shall not be effective until the
Secretary of the Interior, in consultation with the Secretary
of Labor, finds that the repeal under section 2 will not
adversely affect jobs available to Native Americans, other
minorities and women.
----------
3. An Amendment To Be Offered by Representative Gosar of Arizona or His
Designee, Debatable for 10 Minutes
At the end of the bill, insert the following:
SEC. 5. EFFECTIVE DATE.
Section 2 of this Act shall not be effective until the
Secretary of the Interior, in consultation with the Secretary
of Labor, finds that the repeal under section 2 will not
adversely affect Caribou herd populations.
PART E--TEXT OF AMENDMENT TO H.R. 1941 CONSIDERED AS ADOPTED
Page 5, line 7, strike ``rigs'' and insert ``non-rig units''.
PART F--TEXT OF AMENDMENTS TO H.R. 1941 MADE IN ORDER
1. An Amendment To Be Offered by Representative McClintock of
California or His Designee, Debatable for 10 Minutes
Page 1, line 12-13, strike ``or the Pacific Region planning
areas,''.
----------
2. An Amendment To Be Offered by Representative Gosar of Arizona or His
Designee, Debatable for 10 Minutes
Page 1, beginning on line 2, strike ``COASTAL AND MARINE
ECONOMIES PROTECTION'' and insert ``RUSSIAN ENERGY RELIANCE AND
UNITED STATES POVERTY''.
----------
3. An Amendment To Be Offered by Representative Lesko of Arizona or Her
Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 5. RISK TO NATIONAL SECURITY.
The Secretary of the Interior, after consulting with the
Secretary of Defense, shall report to Congress on whether this
Act poses a risk to national security due to potential increase
in dependence on foreign oil.
----------
4. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Add at the end the following:
SEC. 5. STUDYING THE IMPACTS OF OFFSHORE DRILLING ON COASTAL
COMMUNITIES AND COASTAL ECONOMIES.
(a) Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the impacts of offshore
drilling on coastal communities and coastal economies.
(b) Contents.--The report required by subsection (a) shall--
(1) address how oil and gas companies interact with
local stakeholders in advance of a siting decision,
including their meetings with fishermen;
(2) investigate the impacts of offshore drilling on
tourism, including tradeoffs during normal operations
and economic impacts after a spill;
(3) describe how the Bureau of Ocean Energy
Management works with other agencies, including the
National Marine Fisheries Service, to include
stakeholder input in advance of a siting decision;
(4) address how quickly response teams can mitigate
environmental damage after a spill and how long
regional ecosystems take to recover following a spill;
(5) describe any limitations on the quantity of
comparative data available on impacts to regions of the
Outer Continental Shelf that have not been sited for
drilling;
(6) describe the impacts on commercial and
recreational fisheries from offshore drilling; and
(7) address the economic impacts of oil spills on the
food supply of a region, including those food sources
that are distinctive to a region's culture.
----------
5. An Amendment To Be Offered by Representative Rouda of California or
His Designee, Debatable for 10 Minutes
Page 1, after line 3, insert the following:
SEC. 2. PUBLICATION OF INSPECTION RESULTS.
Section 22(c) of the Outer Continental Shelf Lands Act (43
U.S.C. 1348(c)) is amended--
(1) by striking ``The'' and inserting the following:
``(a) In General.--The''; and
(2) by adding at the end the following:
``(b) Publication.--The Secretary shall make the following
available to the public:
``(1) Any reports produced under this subsection.
``(2) The following information about each payment
made into the Ocean Energy Safety Fund under subsection
(g):
``(A) The facility that was inspected.
``(B) The name of the operator of such
facility.
``(C) The amount of the payment.''.
On page 1, line 4, strike ``2'' and insert ``3''.
On page 2, line 1, strike ``3'' and insert ``4''.
On page 5, line 16, strike ``4'' and insert ``5''.
----------
6. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 5. MORATORIUM ON SEISMIC ACTIVITIES RELATED TO OIL, GAS, AND
METHANE HYDRATE EXPLORATION AND DEVELOPMENT IN THE
NORTH ATLANTIC, MID-ATLANTIC, SOUTH ATLANTIC, AND
STRAITS OF FLORIDA PLANNING AREAS.
Section 11 of the Outer Continental Shelf Lands Act (43
U.S.C. 1340) is amended by adding at the end the following:
``(i) Moratorium on Seismic Activities Related to Oil, Gas,
and Methane Hydrate Exploration and Development in the North
Atlantic, Mid-Atlantic, South Atlantic, and Straits of Florida
Planning Areas.--Notwithstanding any other provision of law, no
agency of the United States or person may conduct or authorize
any other person to conduct geological or geophysical
activities in support of oil, gas, or methane hydrate
exploration and development in any area located in the North
Atlantic, Mid-Atlantic, South Atlantic, and Straits of Florida
Planning Areas of the outer Continental Shelf.''.
----------
7. An Amendment To Be Offered by Representative Gosar of Arizona or His
Designee, Debatable for 10 Minutes
At the end of the bill, insert the following:
SEC. 5. EFFECTIVE DATE.
Section 2 of this Act shall not be effective until the
Secretary of the Interior, in consultation with the Secretary
of Labor, finds that the prohibition under section 2 will not
adversely affect jobs available to minorities and women.
----------
8. An Amendment To Be Offered by Representative Rouda of California or
His Designee, Debatable for 10 Minutes
At the end of the bill, insert the following:
SEC. 5. ECONOMIC IMPACT STUDY.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Commerce shall conduct a study to
determine the potential economic impact of offshore drilling on
tourism, commercial fishing, recreational fishing, boating,
transportation, and other waterfront-related and coastal-
related business.
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