In Focus: Removing Barriers to Energy Independence 

Congress Must Now Lift the Ban on Offshore Drilling:
One of the most asked questions I get at my D.C. office is, “why can’t we (the U.S.) explore for energy on our own land and off our shores?” While we look to alternative energy possibilities and conservation, we must face the reality that our continued dependence on foreign energy is both an economic and national security threat. And, while there is momentum building for domestic energy exploration, unfortunately there are still a few members of Congress blocking attempts to put forward a bipartisan comprehensive plan to break our dependence on foreign energy.

On July 14, 2008, President Bush lifted the Executive Branch’s moratorium on offshore drilling. However, this action is largely symbolic because the Legislative Branch must also act to lift its ban on offshore drilling; that is why I support the Peterson Amendment which would lift the moratorium on offshore drilling. Even though it will take several years for offshore energy to come online, lifting the ban will help decrease energy prices in the near term by signaling to our foreign energy suppliers America’s commitment to energy independence. 

This week, I signed a discharge petition (the fifth of seven being offered this summer) for HR 2493, “The Boutique Fuel Mandate Reduction Act.” Discharge petitions, one of the few tools we have in the minority, are a means of dislodging legislation languishing in a committee and bringing it directly to the House floor for an up or down vote. Discharge petitions require the signatures of a majority of House members to proceed. HR 2493 would reduce gas prices by removing fuel blend requirements and onerous government mandates if they contribute to unaffordable gas prices. An example of the detrimental effects that boutique fuels can have on gas prices was during Hurricane Katrina when several locales saw dramatic spikes in energy prices because region-specific boutique fuels (designed to conform to specific air quality standards) made it nearly impossible to get the unique blends to certain parts of the country. The President responded by authorizing the Environmental Protection Agency to issue waivers to relax standards during the crisis. Another effect of this bill would be to reduce the number of unique boutique fuels so that fuel shortages in a disaster-stricken region would be more easily addressed.  

Democratic Speaker Pelosi’s Energy “Plan”: Don’t Hold Your Breath

Despite the rhetoric of Democratic House Speaker Nancy Pelosi, she did not bring one bill to the floor this week that would result in lower energy prices. Instead, she brought the following somewhat less urgent bills to the floor for a vote.  

Suspension Bills Passed this Week While Americans Wait for Real Energy Solutions:

•  A bill expressing support for designating July 26, 2008 as National Day of the Cowboy
   
• A bill congratulating Hamilton College on winning the NCAA Div. III Women’s Lacrosse Championship
  
  
• A bill commending Arizona State University for winning the NCAA Women’s Softball Championship
  
  
• A bill recognizing the 50th Anniversary of the crossing of the North Pole by the USS Nautilus
  
  
•  A bill authorizing the minting of commemorative coins honoring the 50th Anniversary of NASA

These are all great accomplishments and bills, but with gas at $4 a gallon and rising, I want to vote on legislation that brings real results rather than celebrating the athletic victories of colleges and minting coins. I have heard your voices loud and clear and I will continue to bring your concerns about energy prices with me to Washington.

Energy Bills I Support that Provide Real Energy Solutions: 

I remain committed to working across the aisle to bring forth bipartisan, real solutions to the energy crisis. Throughout the 110th Congress, I have been a steadfast supporter of legislation that expands domestic energy exploration, lessens our dependence on foreign energy, and provides pro-growth incentives for alternative and renewable energy research and conservation. Real solutions require both forward-looking, innovative legislation and short-term tactics to address the energy crisis. We can and must do both.

Discharge petitions I have signed thus far to provide real solutions to the energy crisis:

• HR 3089 (No More Excuses Energy Act)
• HR 2279 (Expand American Refining Capacity on Closed Military Installations)
• HR 5656 (To Repeal the Ban on Acquiring Alternative Fuels)
• HR 2208 (Coal-to-Liquid Fuel Act)
• HR 2493 (The Boutique Fuel Mandate Reduction Act)

This week’s votes on the floor, hearings, and markups:

Each week I get the opportunity to represent you in Congress by: 1) voting on legislation that comes to the House floor; and 2) participating in committee hearings and markups for the Financial Services, Education and Labor, and the Oversight and Government Reform committees. 

Key House Floor Votes

No to Phony “Wild and Scenic” River Designations:
On Wednesday, July 16, 2008, I voted against HR 415, which would designate the Taunton River in Massachusetts a “wild and scenic” river and thus prohibit it from development. Unfortunately, the stretch of river considered for this designation includes breathtaking views of fuel-storage tanks and container ships which should not, in my opinion, qualify as a river that according to law must possess “outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values." Furthermore, the site has been proposed as a terminal for importing liquefied natural gas which would lessen the price of energy by establishing a terminal closer to northeastern states. The dubious nature of this legislation leads me to believe that the Democrats are not serious about finding real solutions to big energy problems.

No to Window Dressing Energy Policies:
I opposed HR 6515, which was a reckless instrument of political propaganda thinly disguised as thoughtful energy policy. The bill, bearing an eerie resemblance to a bill brought to the floor last month which key House Democrats criticized as a both a hoax and sloganeering without action, was thrown together late in the evening the day before legislators were to return to their districts, because Democratic House Speaker Nancy Pelosi realized that the House had not voted on a single piece of legislation dealing with energy independence this week. On top of the fact that land leases already operate under statutory time limits, experts agree this bill would have the effect of discouraging domestic energy exploration and lead to ever-rising energy prices, surely not a desired result of a reasoned, good-faith energy policy proposal. Speaker Pelosi would have you believe that companies are leasing the land and then sitting on it. However, energy professionals understand that companies spend millions of dollars performing preliminary tests, drilling wells, and obtaining permits just to determine whether or not a leased area of land can produce energy. Further debunking the myth that companies would sit on the land without acting is the fact that all companies must pay considerable annual fees on leased land regardless of energy production at a given site. When environmentalists found out this bill was coming to the floor again, they rejoiced because they knew energy prices would continue to rise and we’d continue our dependence on foreign oil. And trial lawyers must have been salivating when the definitions for “diligently developing” and “environmentally responsible” were conveniently omitted from the legislation, as the omissions would only serve as a boon to already-excessive litigation, further delaying domestic energy exploration and prolonging our dependence on foreign energy. 

Committee on Financial Services

Monetary Policy and the State of the Economy:
On Wednesday, July 16, 2008, the full Committee held a hearing on monetary policy and the state of the economy. The hearing, required by law and held every February and July, is an opportunity for the Federal Reserve Bank Chairman to report to Congress on our nation’s economic health. With topics ranging from energy and food prices to housing and banking issues, Chairman Bernanke reiterated his belief that Fannie Mae and Freddie Mac, which hold roughly half of the nation’s mortgages, are not in danger of failing. He also stated his preference that the government not take over the two government-sponsored enterprises and instead hoped to restore confidence in the fundamentals of both institutions by urging Congress to pass a bill enhancing regulatory oversight powers. When asked by the Committee Chairman about the prospects for a second economic stimulus package, Bernanke noted that it was too soon to begin considering such a bill because the Treasury Department had not yet mailed all checks from the first stimulus package. 

Committee on Education & Labor

No to Legislation that will invite a Deluge of Frivolous Litigation:
On Tuesday, July 15, 2008, the full Committee held a hearing on HR 1338. At issue was the consideration of a bill proposed by Democrats to close the “pay gap” they contend exists between men and women. What supporters of the bill do not say is that there are a variety of reasons that determine income including but not limited to education, job responsibilities, prior relevant experience, continuous time in the workforce (e.g., time taken off for child birth), tenure with the same employer, industry, region-specific labor markets, occupation, title, and scheduleflexibility (f/t versus p/t and willingness to work longer hours), all variables that are conveniently left out of their statistical models.

This bill would provide for both compensatory and punitive damages for alleged pay discrimination and would open up the floodgates to frivolous litigation. It would prohibit the ability of employers to make pay decisions on factors (described above) other than gender and would eliminate an employer’s ability to defend legitimate pay differences between employees, specifically those companies with various offices throughout the country. The legislation would also give rise to litigation stemming from claims that wages do not reflect “comparable worth” (e.g., a postoperative nurse and surgeon or custodian and typist) opening up a number of unforeseen and unintended consequences and regulatory hurdles. “Comparable worth” would then be determined irrespective of the nature of the work, working conditions, and the supply and demand for “comparable” jobs.   

Committee on Oversight & Government Reform

Cutting Government Waste and Saving Taxpayer Money:
On Wednesday, July 26, 2008, the full Committee approved HR 6073, “The Federal Employees Electronic Pay Stub Act” authored by my colleague Virginia Foxx (R-NC), which will cut government waste by requiring federal agencies to disburse paystubs to federal employees electronically if they opt for direct deposit. Currently, many agencies issue paper pay stubs through the mail even if an employee opts for direct deposit, nullifying one of the reasons (postage and printing cost savings) that many agencies had turned to direct deposit. 

This week in history:

In 1798, the Sedition Act becomes law.

In 1955, Disneyland opens in California.

In 1979, President Carter gives his infamous “malaise” speech.

I am honored to represent the 24th District of Texas, and appreciate your interest in my e-newsletter.  Please contact my District or DC office with any further questions you may have or visit my website at www.marchant.house.gov.