[House Report 117-497]
[From the U.S. Government Publishing Office]


117th Congress    }                                    {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {     117-497

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

 
   RESOLUTION OF INQUIRY DIRECTING THE SECRETARY OF THE INTERIOR TO 
TRANSMIT CERTAIN DOCUMENTS TO THE HOUSE OF REPRESENTATIVES RELATING TO 
    THE 2023-2028 FIVE-YEAR PROGRAM FOR OFFSHORE OIL AND GAS LEASING

                                _______
                                

 September 28, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                             ADVERSE REPORT

                             together with

                            DISSENTING VIEWS

                      [To accompany H. Res. 1247]

    The Committee on Natural Resources, to whom was referred 
the resolution (H. Res. 1247) of inquiry directing the 
Secretary of the Interior to transmit certain documents to the 
House of Representatives relating to the 2023-2028 five-year 
program for offshore oil and gas leasing, having considered the 
same, report unfavorably thereon with an amendment and 
recommend that the resolution not be agreed to.
    Strike all after the resolving clause and insert the 
following:

  That the Secretary of the Interior is directed to transmit, to the 
House of Representatives, not later than 14 days after the date of the 
adoption of this resolution, copies of any document, memorandum, 
correspondence, and other communication, or any portion of any such 
communication, that refers or relates to the 2023-2028 five-year 
program for offshore oil and gas leasing, including the following:
          (1) All documents and communications referring or relating to 
        the proposed program for offshore oil and gas leasing for 2023-
        2028.
          (2) All documents and communications referring or relating to 
        compliance with the Outer Continental Shelf Lands Act's 
        requirement to develop a five-year program for offshore oil and 
        gas leasing.
          (3) All documents and communications relating to the 2017-
        2022 five-year program for offshore oil and gas leasing, 
        including any reference to--
                  (A) the decision to cancel or delay planned lease 
                sales;
                  (B) the decision to not pursue an appeal to the 
                judgment vacating Lease Sale 257; and
                  (C) the impact of such program's expiration without 
                the creation of a 2023-2028 five-year program for 
                offshore oil and gas leasing.
          (4) All documents and communications referring or relating to 
        Secretary Debra Haaland's commitment to release a proposed 
        five-year program for offshore oil and gas leasing for 2023-
        2028 by June 30, 2022.
          (5) All documents and communications relating to funding 
        implications of such proposed program, including any reference 
        to--
                  (A) the Gulf of Mexico Energy Security Act;
                  (B) the Land and Water Conservation Fund;
                  (C) the Historic Preservation Fund;
                  (D) the sale of petroleum products from the Strategic 
                Petroleum Reserve related to the Gulf of Mexico Energy 
                Security Act; and
                  (E) the general fund of the Treasury of the United 
                States.
          (6) Any meeting or communication that occurred between 
        Secretary Debra Haaland, or her representative, and 
        environmental advocacy groups relating to the 2023-2028 five-
        year program for offshore oil and gas leasing.

                       PURPOSE OF THE LEGISLATION

    The purpose of H. Res. 1247 is to direct the Secretary of 
the Interior to transmit certain documents to the House of 
Representatives relating to the 2023-2028 five-year program for 
offshore oil and gas leasing.

                 BACKGROUND REGARDING THIS LEGISLATION

    A resolution of inquiry (ROI) is a simple resolution (as 
opposed to a joint resolution or concurrent resolution) that 
makes a nonbinding demand for the Executive Branch to provide 
the U.S. House of Representatives with specific information.\1\ 
Pursuant to clause 7 of rule XIII of the Rules of the House of 
Representatives, if the committee of referral does not report a 
properly drafted ROI back to the House within 14 legislative 
days of the ROI's introduction, then any Member may offer a 
non-debatable motion on the House Floor that such ROI be 
discharged from committee. By contrast, if an ROI is reported 
to the House within the 14-day window, then only a Member 
authorized by the committee may call up the resolution on the 
floor.
---------------------------------------------------------------------------
    \1\See generally Christopher M. Davis, Cong. Res. Serv., IN10661, 
Resolutions of Inquiry in the House (updated July 21, 2022) https://
www.crs.gov/Reports/IN10661 and Christopher M. Davis, Cong. Res. Serv., 
R40879, Resolutions of Inquiry: An Analysis of Their Use in the House, 
1947-2017 (updated Nov. 9, 2017), https://www.crs.gov/reports/pdf/
R40879--of which the above text is largely excerpts.
---------------------------------------------------------------------------

                            COMMITTEE ACTION

    H. Res. 1247 was introduced on July 22, 2022, by 
Representative Garret Graves (R-LA). The resolution was 
referred solely to the Committee on Natural Resources, and 
within the Committee to the Subcommittee on Oversight and 
Investigations and the Subcommittee on Energy and Mineral 
Resources. On September 15, 2022, the Natural Resources 
Committee met to consider the legislation. The Subcommittees 
were discharged by unanimous consent. Chair Raul M. Grijalva 
(D-AZ) offered an amendment in the nature of a substitute, 
which was agreed to by voice vote. A recorded vote was 
requested and postponed on adopting the legislation as amended 
and ordering it reported unfavorably to the House. The 
Committee adjourned.
    On September 21, 2022, the Natural Resources Committee met 
to continue its consideration of the measure. The resolution, 
as amended, was adopted and ordered reported unfavorably to the 
House of Representatives by a roll call vote of 21 yeas and 19 
nays, as follows:


	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                HEARINGS

    Clause 3(c)(6) of House rule XIII requires designating a 
hearing as used to develop or consider certain bills and joint 
resolutions. The provision does not apply to simple 
resolutions.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    To the extent that clause 2(b)(1) of rule X and clause 
3(c)(1) of rule XIII of the Rules of the House of 
Representatives may apply, the Committee on Natural Resources' 
oversight findings and recommendations are reflected in the 
body of this report.

                  COMPLIANCE WITH HOUSE RULE XIII AND 
                        CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
The Committee notes that the requirements of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974 do not 
apply to committee reports on simple resolutions.\2\ Clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974 also do not apply to simple resolutions.\3\ The 
Committee notes that clause 3(d) of rule XIII of the Rules of 
the House of Representatives as well does not apply to 
committee reports on simple resolutions.
---------------------------------------------------------------------------
    \2\See Congressional Budget and Impoundment Control Act of 1974, 
Pub. L. No. 93-344, Sec. 308(a), 88 Stat. 297, 313 (1974), https://
uscode.house.gov/statviewer.htm?volume=88&page=313 (codified as 2 
U.S.C. Sec. 639(a)) (statutory compilation through P.L. 116-94 at 
https://www.govinfo.gov/content/pkg/COMPS-10356/pdf/COMPS-10356.pdf) 
(explicitly limiting the subsection's various requirements to (1) ``a 
bill or joint resolution, or committee amendment thereto, providing new 
budget authority'', (2) a conference report, or (3) PAYGO legislation).
    \3\Compare Pub. L. No. 93-344, at Sec. 402 (codified as 2 U.S.C. 
Sec. 653) (limiting the section's requirements to ``each bill or 
resolution of a public character'' reported by a committee (emphasis 
added)), with, e.g., Jane A. Hudiburg, Cong. Res. Serv., R46603, Bills, 
Resolutions, Nominations, and Treaties: Characteristics and Examples of 
Use 4 (2020), https://www.crs.gov/reports/pdf/R46603 (noting that 
simple resolutions govern only ``the internal affairs of one chamber'' 
of congress and are not used for enacting public law).
---------------------------------------------------------------------------
    To the extent that any of the preceding requirements may 
nonetheless apply, the Committee notes that it has requested 
but not received a cost estimate for this legislation from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate any forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House agreement to the 
resolution. The Committee has requested but not received from 
the Director of the Congressional Budget Office a statement as 
to whether this legislation contains any new budget authority, 
spending authority, credit authority, or an increase or 
decrease in revenues or tax expenditures.
    2. General Performance Goals and Objectives. To the extent 
that clause 3(c)(4) of rule XIII of the Rules of the House of 
Representatives may apply, the general performance goals and 
objectives of this resolution are to express a nonbinding 
demand from the House to the Executive Branch for certain 
documents as described in the text of the resolution.

                           EARMARK STATEMENT

    Clause 9 of rule XXI of the Rules of the House of 
Representatives does not apply to reports on simple 
resolutions. However, the Committee finds that the legislation 
does not contain any Congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined under clause 
9(e), 9(f), and 9(g) of rule XXI.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    Section423 of the Unfunded Mandates Reform Act does not 
apply to committee reports on simple resolutions. However, the 
Committee finds that the legislation contains no unfunded 
mandates as defined by the Unfunded Mandates Reform Act.

                           EXISTING PROGRAMS

    Clause 3(c)(5) of rule XIII of the Rules of the House of 
Representatives does not apply to committee reports on simple 
resolutions. However, the Committee finds that the legislation 
does not establish or reauthorize a program of the federal 
government known to be duplicative of another program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    Section 102(b)(3) of the Congressional Accountability Act 
does not apply to committee reports on simple resolutions. In 
any event, the Committee finds that the legislation does not 
relate to the terms and conditions of employment or access to 
public services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    The Committee finds that the resolution, if agreed to by 
the House, would not have the force of law and therefore would 
have no preemptive effect over state, local, or tribal law.

                        CHANGES IN EXISTING LAW

    Clause 3(e) of rule XIII of the Rules of the House of 
Representatives does not apply to committee reports on simple 
resolutions. In any event, the Committee finds that this 
legislation, if agreed to by the House, would make no changes 
to existing law.

                            DISSENTING VIEWS

    H. Res. 1247 directs the Secretary of the Interior to 
transmit communications and documents regarding the 2023-2028 
Five-Year Plan for Offshore Leasing, including: interim plans 
and the proposed program plan for 2023-2028; compliance with 
the Outer Continental Shelf Lands Act (OCSLA; 43 U.S.C. 1331 et 
seq.) requirement to develop a five-year plan for offshore 
leasing; references to cancelling planned lease sales under the 
2017-2022 Five-Year Plan; references to the Biden 
administration's choice not to appeal the judgment vacating 
Lease Sale 257, which was included in the 2017-2022 Five-Year 
Plan; references to the administration's choice not to allow 
the 2017-2022 plan to expire without creating a final 2023-2028 
Five-Year Plan; Secretary Haaland's commitment to release a 
proposed program by June 30, 2022; funding implications of the 
proposed program; and the Biden administration's work with 
environmental advocacy groups relating to the 2023-2028 Five-
Year Plan.
    At the time that H.R. 1247 was considered in the Committee 
on Natural Resources, the Biden administration had not issued a 
single new offshore oil and gas lease since taking office. The 
Bureau of Ocean Energy Management (BOEM) has held one lease 
sale to date, lease sale 257, and delayed issuing the leases to 
the winning bidders until September 14, 2022, only after being 
specifically directed to do so in the Inflation Reduction Act 
(Pub. L. 117-169).
    BOEM also cancelled the three remaining sales in the 2017-
2022 five-year plan and allowed that plan to lapse on June 30, 
2022, without a new plan in place, causing an unprecedented gap 
in offshore five-year plans. OCSLA requires the Department of 
the Interior (DOI) to finalize a five-year plan for offshore 
leasing before conducting offshore lease sales and directs DOI 
to develop a plan that will ``best meet national energy needs 
for the five-year period following its approval.'' BOEM finally 
released a proposed plan for 2023-2028 in July of this year, 
and shortly thereafter the Director of BOEM advised that the 
final plan may contain zero lease sales.
    Congressional Republicans sent letters to Secretary Haaland 
requesting information regarding the administration of the 
offshore leasing program on March 26, 2021, January 13, 2022, 
and March 9, 2022, and have not yet received substantive 
responses.
    Reporting H. Res. 1247 favorably from Committee would have 
enabled the House of Representatives to better conduct 
oversight of the offshore leasing program by seeking documents 
and communications related to administration of the program to 
date.
    For these reasons, I oppose reporting H. Res. 1247 
unfavorably.

                                                   Bruce Westerman.

                                  [all]