it and we can achieve energy security for this country and create good paying american jobs. this administration proposed a moratorium on drilling in the gulf of mexico and now, yes, they lifted the moratorium, but they still continue to slow walk the permits. this bill would go forward and help to us streamline that process so we can get american energy production back up online in the gulf of mexico and to develop our energy security needs. . you know, we have the reserve, we have the opportunity. the american energy production sector from upstream, midstream, downstream, is accountable for six million jobs in this country and we can grow more jobs. we can grow more jobs beyond that. good paying jobs if we do this. and meet our energy security needs. bottom line is this.

i would ask my colleagues on the other side of the aisle to take a look at that plaque up there near the ceiling, just above the speaker's chair. read the first sentence. it says, let us develop the resources of our land. a quote from daniel webster. we should heed that advice. we should develop the resources of our land. let's develop our american energy production in the gulf of mexico and alaska. let's develop it in shale. let's create jobs, let's create a secure energy future for this country and let's move this country forward. madam speaker, i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from utah reserves. the gentleman from colorado is recognized. mr. polis: thank you, madam speaker. if we defeat the previous question i'll offer an amendment to this rule that will allow the house to consider the stop the rate hike act of 2012. legislation that would keep the student loan interest rate low and reduce the deficit. if congress fails to act, more than seven million students across this country will see

their student loan interest rate double come july 1. july 1. just around the corner. it's outrageous that at this time of slow and painful economic recovery the majority continues to refuse to work on this issue in a bipartisan way. to discuss this proposal, i yield two minutes to mr. courtney. the speaker pro tempore: the gentleman is recognized for two minutes. mr. courtney: thank you, mr. polis, for yielding. and for again bringing this issue back to the floor which as my chart indicates we're now down to 10 days. when this chart was first created it was 110 days and it coincided with the delivery of 130,000 petition signatures from college campuses all across america pleading with congress to listen to president obama's challenge on january 25, right from that podium, that we should block the increase from going through. my legislation which was introduced at midnight the same night had 152 co-sponsors to lock in the lower rate. for three months nothing happened. a bill was rushed to the floor

by the majority without any consultation with the other side. took money out of a fund to pay for cervical cancer screening, diabetes screening. hyperpartisan measure which the president indicated he would veto even before the vote was taken. the good news is that mr. boehner has already moved away from that proposal. he sent a letter with senator mcconnell to the senate leadership offering new pay-fors and moving off of the house bill again that was rushed through with no consultation on any bipartisan basis. there are seven million college students who are waiting for an answer in the next 10 days to this issue. the rates will double from 3.4% to 6.8%. senator reid has talked already about a proposal which is a pay-for that there appears to be some willingness to move forward on. we should be focused on that issue right now, not this measure which son the floor which is going nowhere -- which is on the floor which is going nowhere. this issue, helping students pay for college and -- at a time

when student loan debt now is over $1 federal, is an issue that america is watching and waiting. and from florida all the way to the west coast, newspapers are demanding bipartisan compromise, not the kind of measure which was rammed through this house a month and a half ago. the building blocks are there but we have to focus on that, not the measure that's before us today and the tierney bill is a perfect opportunity for us to do something which again has a balanced approach and which will protect students from doubling of their student loan interest rates. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from colorado reserves. and the gentleman from utah is recognized. . mr. bishop: i'm pleased to yield to a mr. pishyop: i yield to the gentlelady from michigan, mrs. miller. the speaker pro tempore: the gentlelady is recognized. mrs. miller: thank you. madam speaker, our economy is

struggling. the american people need jobs and too many families are struggling under the burden of ever rising energy prices. it's serm long past time for the federal government to act. today this house will act. this nation, madam speaker, has been blessed with so many energy resources, just vast injuring resources that if we actually advantaged ourselves of, we could actually meet all of our nation's energy needs. we could create countless jobs, good-paying jobs right here at home. we could provide needed funding for our federal treasury. expand our economy. make our nation more secure. but unfortunately we don't do that. instead, in fact, we are nearly the only nation i think on the face of the planet, really, that does not take advantage of its own energy energy resources. many of our needs from unstable and unfriendly nations from whom we export hundreds of and millions of dollars of our

national wealth every year and we bypass the opportunity to create needed jobs here at home. this absolutely needs to change. while president obama talks about an all of the above energy strategy, his actions tell a different story, really. while exploration of oil and other energy resources is up overall, it's been reduced on lands under federal control under this administration. and this administration's e.p.a. has made the coal industry public enemy number one. even though it's the cheapest and most abundant sources electric generation that we have here in our nation. today this house will act on a true all of the above energy strategy. this legislation will streamline and remove government red tape as hurdles to energy production. it will require our nation to put forward goals for production of all energy sources, including oil, natural gas, coal, renewables, of course, on

federal lands. and it will make the permitting process much easier and open up new areas to exploration and development, both on shore as well as offshore. this legislation will lower energy prices for hard-pressed consumers. it will create good-paying jobs here at home, and it will enhance our economic security and national security as well. i certainly urge all of my colleagues to join me in supporting this critical legislation. i appreciate the gentleman yielding time. i support the rule as well. thank you very much. the speaker pro tempore: the gentlelady yields back of the the gentleman from utah reserves. the gentleman from colorado is recognized. mr. polis: thank you, madam speaker. i'd lick to yield two minutes to the gentlewoman from california, mrs. capps. the speaker pro tempore: the gentlelady is recognized for two minutes. mrs. capps: i thank my colleague for yielding, madam speaker. i rise to express my strong opposition to this rule and the underlying bill. we all know that high oil and gasoline prices take their toll on american consumers. understandably, they want their elected officials to take action

but when they don't want is empty promises or political posturing designed to score cheap political points in an election year. that's all this bill gives us. h.r. 4480 blocks and delays e.p.a. air quality protections, protections that haven't even been proposed yet. it includes the radical proposal that damages the clean air act goal that air should be clean enough to breathe safely. and it gives the energy department the job of developing a new drilling plan on federal lands even though this is not an area of expertise at all. madam speaker, the idea behind this bill is just not sought out. it's not a solution to high oil and gasoline prices, nor will it create any immediate jobs. it is really nothing more than a transparent attempt to use this issue as an excuse for advancing an agenda in order to hurt our precious resources of land and

our own health. and that's why i have sent to the rules committee a straightforward amendment that would have protected my state's coast line from new offshore drilling. and my republican colleague from california, mr. bilbray, had a similar amendment on the same issue, but this rules committee is not allowing either amendment even to be debated, even to have its say on the house floor. a state where offshore drilling has been protected in state waters will now, because these amendments were not made in order, has to allow the federal government to work its will in contradiction to the state. that's wrong. that's why members from both sides should use their good sense and oppose this rule and oppose the underlying bill. i yield back the balance of my time. the speaker pro tempore: the gentleman from colorado reserves. the gentleman from utah is recognized. mr. bishop: i am now pleased to yield three minutes to the gentleman from texas, distinguished chairman, who has

probably heard many of these arguments before, chairman hall. the speaker pro tempore: the gentleman is recognized for three minutes. mr. hall: madam speaker, i rise of course in support of h.r. 4480, the domestic energy and jobs act, proactive piece of legislation that encourages and expands production of our vast domestic resources to help put our americans back to work. i strongly believe that other than prior energy is probably the most important word in the dictionary for our young people. it's the foundation upon which our nation has prospered and the key to our quality of life and our standard of living. america's blessed with the wealth of natural resources and energy resources leading citigroup to predict that we could soon become the world's largest oil producer. the recent shale gas resolution has driven production to new heights and prices to new lows has created hundreds of thousands of new jobs and stimulated resurgence of domestic manufacturing in this country.

in 2010 unconventional natural gas production alone supported approximately one million american jobs. simultaneously shale oil production has led to rapid and dramatic economic growth and job creation in places not typically known for energy production such as north dakota. workers are flocking to the state to pursue the abundant opportunities of the shale while the nation suffers unemployment rates in excess of 8%, unemployment in north dakota is in the lowest in this country at just 3%. the only thing preventing us from reaping the benefits of being a world leader in energy production is bureaucratic red tape, permitting delays, declining production on federal land, restricted access, and stifling regulations all stand in the way. h.r. 4480 would free us from these barriers put forth by the administration and instead set

us on the right track to unleash the full energy potential of this nation. the bill addresses numerous issues of science, space, and technology committee has examined, including, for example, costly regulation that is would increase the price of fuel at a time when families can least to afford to pay more for their commute. not only would this stand place a burden on household budget, but the e.p.a. ignored the law by failing to complete a study on the detrimental effects of r.s.f. prior to beginning work on these standards. quite simply again, the e.p.a. failed to do its homework. instead barreling forward with regulations without a sufficient foundation. regulations like this one are far too often based upon shaky science, devoid of adequate pier review, and rely on secret data e.p.a. refuses to share with the

public. the e.p.a. ignores the scientific method in order to overstate the economic benefits of its rules in an attempt to justify their sizable cost. h.r. 4480 takes a time-out from e.p.a.'s activist regulation agenda and seeks to put our country on track to pursue a genuine all of the above energy strategy that would expand opportunities for production rather than stifle it. i urge members to support this rule as well as the underlying bill. i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from utah reserves. the gentleman from colorado

association, the association of city, county health officials, and a number of other signatories on this letter that say very simply we should make sure that the e.p.a. can determine whether our air is safe to breathe and not do it based on how much it costs to reduce air pollution. madam speaker, i'm proud to yield four minutes to the gentleman from massachusetts, mr. markey. mr. markey: this is an attempt to give away our public lands to the wealthiest oil companies in the world. this of the republican oil above all agenda. instead of approving this legislative love letter to big oil, the majority should be sending a thank you note to president obama for his actions to increase domestic energy production and decrease our dependence on foreign oil. the truth is that oil production from federal lands on shore

today is higher than it was. -- than it was under president bush. and across the united states oil production from all public and private lands, oil production from all public and private lands is unbelievably now at an 18-year high. obama is drilling, baby. he's drilling. the obama administration's all-of-the-above strategy has also been successful in creating jobs. since 2008 14,000 new jobs have been created in oil and gas extraction. thank you, president obama. but 50,000 new jobs have also been created in wind and solar. but republicans don't want a real all-of-the-above energy strategy.

at the rules committee i offered an amendment along with mr. welch that would have established a national renewable energy standard. that amendment would have created wind and solar all across our country as a standard. that amendment was germane to this bill. and had no budgetary impact. but the republican majority refused to even allow us to debate an amendment so that members could have a chance to vote on an actual all-of-the-above package that wasn't just oil and gas. and president obama is about as good a president as you can have on that issue but wind and solar and biomass and geothermal and all of these technologies of the future. they refused to even allow the democrats to have a vote on that, on the house floor this afternoon. they're not all of the above, they are oil above all. they don't want wind and solar because the oil industry doesn't want it and the coal industry

doesn't want it because it's real competition from the future. the renewable electricity standard that i would have offered would have created 300,000 new jobs and saved consumers billions of dollars on their electricity bill. in 2007 32 republicans joined 188 democrats in overwhelming support of a similar renewable electricity standard. in 2009 the house again passed that policy on a bipartisan basis. it died in the senate both times. today it dies here on the house floor because the republicans don't want 32 republicans to even have the right to vote for wind and solar and biomass and geothermal. they're afraid that republicans might vote for it. so it's a gag here, a gag order on the floor, saying no debate on the renewables because oil and coal don't want it debated. there will not be a vote on this. the majority has voted more than

100 times in this congress to help the oil industry but they have not voted once in favor of clean energy in the year and a half that they have controlled the united states congress. moreover, because they will not extend the production tax credit for wind, 40,000 jobs are going to be lost in the wind industry in the first six months of 2013. this is the big oil dream act. this is the dream act of the republicans. this is something that should be opposed. i yield back the balance of my time. the speaker pro tempore: the gentleman's time has expired. the gentleman from colorado reserves. and the gentleman from utah is recognized. mr. bishop: ironically i do agree with the gentleman from massachusetts in one element of what he said. that this administration, president obama, is drilling on permits that were granted by bush and clinton. the unfortunate side is that what this administration is -- is that this administration is not permitting any new drilling permits for the future growth of

this country. with that i'm pleased to yield three minutes to the gentlelady from tennessee who has been working diligently for many years on this particular issue and has a clear understanding of it, mrs. blackburn. the speaker pro tempore: the gentlelady is recognized for three minutes. mrs. blackburn: i thank the gentleman from utah for yielding the time and i am so pleased, madam speaker, that we are pushing forward on some bills that are going to actually allow -- create the environment for jobs growth to take place. of course we know that that is needed by the american people. we hear about it every single day. you know, we're at the longest streak that we have had since the great depression, the longest streak with unemployment being above 8%. if you look at underemployment it's at 14.8%. clearly the american people are speaking out that they want action and they want to get back to work.

the domestic energy and jobs act will do that. helping to create the environment for jobs growth to take place. helping to create the environment where we take actions to fuel this economy. our unemployment and underemployment numbers should be a wake-up call to the president, should be a wake-up call to the senate. they can't continue to sit on their hands and play the blame game while 13 million americans remain out of work. as i said, this legislation will help create the jobs that are needed in our nation's energy sector. what we want to see is more american-made energy, more american exploration. we want to see american innovation and end our dependence on foreign oil. those are worthy goals and these are steps in the right

direction. we also hear a lot about the price at the pump. i have many friends who are the mom in the minivan and are getting children back and forth to and from activities and at $3.50 a gallon as the new normal , if you will, gas having doubled, the price of gasoline as a transportation fuel having doubled since this president was sworn in, you know, this is something that women talk to us about regularly. there are deep concerns about this. the greatest potential for economic growth in this country can be found in this nation's precious natural resources and our energy resources. and while the president is clearly preoccupied with telling americans that what we want -- won't do on energy, what he will not take steps to do, the

economy and jobs and what he isn't going to do there, house republicans are laying out a pathway for what we can do. by working hard we can empower those innovators to harness our domestic energy capabilities using so many of those new technologies that are out there. new innovations that have been brought forward by so many of the petroleum engineers and the innovators in this country. the speaker pro tempore: the gentlelady is recognized for an additional minute. mrs. blackburn: i have to say this. with every new discovery of american energy, in every new technology advancement we are able to put more into the marketplace for our nation's manufacturers, engineers, our leasing specialists, our rig operators and much more.

i recently had the opportunity to be back in south mississippi where i grew up, had the opportunity to talk with some of the men and women who are involved and working and innovating in the oil and gas industry every single day. what i heard from them was the degree of advancement and the number of opportunities that exist if the federal government will get out of the way and return our focus to creating the environment for energy exploration and jobs growth to take place in this great nation. i yield back. the speaker pro tempore: the gentlelady's time has expired. the gentleman from utah reserves. and the gentleman from colorado is recognized. mr. polis: thank you, madam speaker. it's my honor to yield one minute to the gentlelady from california, mr. garamendi. the speaker pro tempore: the gentleman is recognized for one minute. mr. garamendi: madam speaker, the gentlelady was quite correct about worrying about the price

of gasoline and as you sit around talking about that, you ought to be concerned about the 24 million gallons of gasoline that is exported from the united states every day. you might also want to consider that the price of natural gas has plummeted by more than 60% during the obama administration, providing us with an extraordinary opportunity for growth. but what i'd really like to talk about is this bill is not a strategic energy production act. it does not deal with the renewable energies. in fact, the solar -- the wind energy industry in the united states is about to come to a screeching halt. 75,000 jobs are presently in this industry. we're already beginning to see the downsizing, 17,000 are now being laid off because the production tax credit is not being extended. if we were to extend the production tax credit we could probably find another 37,000 people working next year. and if we added to this, my piece of legislation, 487, which

requires that our tax dollars, in this case the production tax credit, be spent on american-made equipment, we could see perhaps even more manufacturing in the united states. bottom line, the strategic energy production act is an act for the oil and coal industry. it is not for america. we need to change that, we need to look at all of the above, not just oil and coal. the speaker pro tempore: the gentleman's time has expired. the gentleman from colorado reserves. and the gentlelady from utah is recognized. mr. bishop: i'm pleased to yield three minutes to the gentlelady from arkansas, mr. griffin. the speaker pro tempore: the gentleman is recognized for three minutes. mr. griffin: thank you, madam speaker. i rise in strong support of h.r. 4480, the domestic energy and jobs act. a package of seven bills that taken together will create jobs and make america more energy independent. there are a number of provisions but among them the bill reforms and streamlines the energy

permitting process bisetting firm timelines for legal challenges and limiting the duration of injunctions. this provision is critical because it addresses all the red tape, the washington red tape, and the constant waving of lawsuits by radical environmentalists that have -- wave of lawsuits by radical environmentalist it's that prevented many energy products from ever getting off the ground. too often activist washington lawyers come between the american people and abundant affordable energy. with this bill, we are fighting back. according to the u.s. chamber of commerce's project -- no project report, energy permitting reform could unleash investment to the tune of $3.4 trillion in economic benefits and over $2.-- 2.6 million jobs created. all you got to do is look at the state of north dakota for the benefits of producing american energy. oil and gas production is booming, the state has a 3%

unemployment rate. wouldn't we like to have that nationally? good grief. and workers are sleeping in their cars, many of them, because the housing supply can't keep up with demand. in my home state of arkansas, we've got our own success story. production in the brown dense formation has and will continue to create jobs and american energy. but we can't afford to let up. we have talked way too long about job creation and energy independence. we need less talk and more action. i urge all my colleagues to support this important bill to create jobs and increase american energy numbers. i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from utah reserves. the gentleman from colorado is recognized. mr. polis: madam speaker, i would like to yield one minute to the gentlewoman from california, ms. lee. the speaker pro tempore: the gentlelady is recognized for one minute. ms. lee: thank you. let me thank the gentleman for

yielding and for his tremendous leadership on this issue. of course i rise in strong opposition to the rule and also the bill. this so-called domestic jobs and energy act is yet another example of how the tea party-led house is wasting american people's time by passing legislation that will never become law. this unconscionable wish list for big oil contains dangerous provisions that would irresponsibly expand drilling on public lands, roll back policies to provide for the safe and responsible energy production in the united states and it will endanger our public health by blocking important public health safeguards under the clean air act. gutting the clean air act will not lower gas prices but it will hurt the health of millions of americans. madam speaker, we need a real jobs agenda, not another massive giveaway to big oil. we must pass the american jobs act, invest in our infrastructure, increase job

training efforts and strengthen our safety net. we should support the economy and create jobs by investing in the american people. this congress must ensure that our nation's safety net is -- the speaker pro tempore: the gentlelady is recognized for an additional 20 seconds. ms. lee: thank you very much. in conclusion we must ensure that our nation's safety net is a bridge that is strong enough to deliver us all, even the most vulnerable, over these troubled waters. this giveaway to big oil will not do that. we need to protect the public health of the american people. thank you and i yield back. the speaker pro tempore: the gentlelady's time has expired. the gentleman from colorado reserves. and the gentleman from utah is recognized. mr. bishop: pleased to recognize another member of the resources committee here who understands this issue very well, the gentleman from colorado, mr. coffman, for three minutes. the speaker pro tempore: the gentleman is recognized for three minutes. mr. coffman: madam speaker, this act removes the obstacles that are blocking our efforts to achieve greater american energy production and job creation by providing certainty and clarity to the public lands leasing and permitting process. in particular my part of this

legislation will ensure that federal oil and natural gas lease sales occur on a consistent basis and provide the necessary lease certainty so production is made easier. currently there are roughly 1,631 outstanding projects on federal lands, including lands in colorado, which are delayed -- which have been delayed over three years. federal regulatory delays prevent the creation of over 60,000 jobs. . we have endured several years of over 8% unemployment, over 12% of our veterans who have served in iraq and afghanistan are still out of work. the fact that we are not fully benefiting from the employment and financial potential of our energy resources is simply wrong. the president often boasts about his energy record, but this administration regularly delays and blocks leases. in fact, d.o.m. overwhelm

approved 11 oil and gas leases in colorado in 2011. where in 2006, there were 363 approvals. we in colorado understand the importance of harnessing our own resources and the value it provides our economy. the oil and gas industry in colorado directly employ 50,000 people and supports over 190,000 jobs in our states. this industry is responsible for roughly 6% of total employment in colorado. we have an opportunity with this legislation to create jobs by developing our own resources -- oil resources right here at home. opponents of domestic energy exploration claim that the industry has already had thousands of acres but are not producing the well. these critics point to recent department of interior reports that this report represents the

reasons for nonproducing wells. more often than not the fact is that cause of nonproduction are delays instituted by the interior department itself by requiring redundant reviews of projects. one is the newest leasing plan by the secretary. delays also occur because exploration companies do not have full information as to the capacity of production on the land until after the lease sale is finalized. therefore some leases prove to be noncommercial and go unused. although industry has already paid the government thousands of dollars in fees for the opportunity to explore, many times they receive no economic benefit and the risk is entirely on them. let me also be clear, because this fact is largely missed by the opponents of this

legislation. only lands that are already approved by b.o.m. for exploration can be nominated by industry. this bill is not a green light for immediate production on all federal acres. rather it grants access to a very small percentage of the total of federal lands. i respect the need to preserve our wilderness areas, but i also understand the need to responsibly capitalize on our vast resources in order to get people back to work. as a marine corps combat veteran who has served multiple tours in the middle east, i fully understand the need to reduce our reliance on foreign oil and this legislation will help do that. for these reasons i ask my colleagues to vote yes on certainty, yes on jobs, and yes on the final passage of the necessaryic energy -- domestic

energy and jobs act. thank you, madam speaker. the speaker pro tempore: the gentleman's time has expired. the gentleman from utah reserves. the gentleman from colorado is recognized. mr. polis: thank you, madam speaker. i ask unanimous consent to insert the text of the amendment in the record along with extraneous material immediately prior to the vote on the previous question. the speaker pro tempore: without objection. mr. polis: here we a while we are debating the death and destruction of oil above all bill and the clock is ticking on student loan payments that will cost middle class families millions and millions of dollars. i'd like to yield three minutes to the gentleman from massachusetts, mr. tierney. the speaker pro tempore: the gentleman is recognized for three minutes. mr. tierney: i thank the gentleman for yielding. at the end of this month the student federal loan interest rate is set to double from 3.4% to .8%. it's an urgent deadline for more than seven million american students and more than 177,000 students across the commonwealth of massachusetts. it's an urgent deadline for students i met with at middlesex community college and elsewhere. these students are working many jobs.

they are still carrying thousands of dollars in student debt and deeply concerned about the doubling of the rate that will occur on july 1. madam speaker, this is an urgent deadline for house democrats. we have been on top of this issue for many, many months. our league, mr. courtney of connecticut, introduced legislation establishing a permanent fix back in january. our colleagues, mr. miller of california, and mr. hinojosa of texas, sent a letter to education work force committee chairman mr. klein in february asking that the question be taken before the committee to prevent the student loan interest hike. it's unfortunate, madam speaker, that the majority in the house of representatives does not appear to understand or share this urgency. there are 10 days left in june and we are only scheduled to be in session for five of them. as of right now taking lax to stop the doubling of the student loan interest rate is still not on the house's legislative agenda between now and the end of the month. in fact, addressing the issue is not part of the majority leaders summer legislative agenda. and it was reported that speaker

boehner privately called the issue a phony issue. so let's make no mistake about it, this is nothing phony for the millions of students who will be impacted and see their rates double in july. madam speaker, since the house majority doesn't appear ready to move forward on this issue, we have to take this action today to defeat the previous question so the rule can be amended to allow for consideration of my bill, the stop rate height act of 2012. that bill continues the current need based stafford loan rate at 3.4% for one year and offset the costs by closing a tacks subsidy for the oil industry. just one. one that they weren't originally intended to benefit from at any rate. i think that's a fair and reasonable plan for eliminating an unjustified give away to a hugely profitable industry so millions of our constituents will not see an increase in students loans. i urge my colleagues to defeat the previous question so the house can consider that bill and stop the student loan interest rate hike. i yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the gentleman from colorado reserves. the gentleman from utah is

recognized. mr. bishop: reserves. the speaker pro tempore: the gentleman from utah reserves much the gentleman from colorado is recognized. mr. polis: i would like to inquire of the other side if he has remaining speakers? mr. bishop: i think i'm it. mr. polis: very good. i'm prepared to close and i will yield myself the balance of the time. sip the gentleman is recognized -- the speaker pro tempore: the gentleman is recognized. mr. polis: this rule only provides for consideration of certain amendments. why are the republicans so concerned with letting the house work their will on such an important bill? now, the number of these measures have been brought forward by representatives from colorado. i want to be clear that these are policies that are not universally supported in colorado.

and many of us believe the policies contained in this set of bills will destroy jobs as well as the quality of life and health of not only colorado and the west but the entire country. in colorado we have created a balanced approach to energy policy that's worked. in some areas we lease, some areas we use for other purpose, some areas we protect. many colorado small business owners agree our parks and public lands are critical not only to the economy and job growth, hiking, fishing, hunting, the outdoor industry, but also to our quality of life and health. this job destroying federal land grab federal water grab bill would put tens of thousands of coloradoans out of work and destroy the quality of life for our entire state. this bill puts the oil and gas industry above all the other users of public lands. above the interest of hunters, above the interests of fishermen, hikers, above the interest of tourism, above the interest of skiers, conservationists.

this bill is out of touch with the citizens of colorado and would destroy jobs in colorado and throughout the country. look, companies are able to drill. they have been drilling the last 40 years. president obama's leadership has led to twice the number of drilling wells. our energy production is at an eight-year peak from oil and gas. and we continue to increase our energy production on public lands and there is a responsible way to do t we need a balanced approach that doesn't throw out the safeguards and protections that protect the health of children, the health of families, to protect our jobs and the outdoor industry, to protect our jobs in the recreation industry. and protect our quality of life across the western united states and also protect our water and laws to protect our air. this bill, this series of omnibus death and destruction bills simply fails that test. the american people deserve more than the death and destruction oil above all omnibus package that's being offered here today.

while millions of americans are waiting in the unemployment line, we have a bill that creates jobs rather than destroys jobs. increased concentration of toxic chemicals can harm the health of american citizens and coloradoans. there's great promise and opportunity and technology that allow companies to drill with less impact on human health and the environment. that's why we have a regulatory framework to ensure that there is incentive to make sure that american families are safe. this package of job destroying bills brought before us today would harm our sensitive land and constitutes a federal land grab and federal water grab, all without lowering the price at the pump and destroying tens of thousands of jobs in the process. this death and destruction bill is simply not what this country needs to move forward. i urge my colleagues to oppose the rule and oppose the bill. i urge a no vote on the rule and defeat the previous question.

i yield back the balance of my time. the speaker pro tempore: the gentleman from colorado yields back his time. the gentleman from utah is recognized. mr. bishop: thank you, madam speaker. in the 111th congress when the other side was in charge, house bill 2454 was brought forth from the floor, called the american clean energy and security act. there were 224 amendments submitted. one was made in order. in our bill today, 27 amendments are made in order, 2/3 of which are democrat amendments. this is a very fair rule and will provide for an open and clear debate on the particular issue. let's face it, madam speaker, the united states has a lot of untapped areas on public lands that are involved not only in oil and shale, but natural gas and coal. we are an energy rich country. we are an energy producing country. it's about time we recognize

that fact and develop the energy that we have for the betterment of our people and for job creation. we need an all of the above strategy that is not just a rhetorical exercise in an election year but an all of the above strategy that actually really creates something without hidden delays disguised as procedural practices and processes. this bill will create jobs. this bill will keep american dollars at home. this bill will provide economic growth instead of sending our money abroad. this is a good bill and it is an incredibly fair rule. i urge its adoption. with that i yield back the balance of my time and move the previous question on the resolution. the speaker pro tempore: the gentleman yields back his time. the question is on ordering the previous question on the resolution. so many as are in favor say aye. those opposed, no. the ayes have it. mr. polis: madam speaker. the speaker pro tempore: the gentleman from colorado is recognized.

mr. polis: on that i request a recorded vote. the speaker pro tempore: a recorded vote is requested. those favoring a recorded vote will rise. a sufficient number having arisen, a recorded vote is ordered. members will record their votes by electronic device. pursuant to clause 8 and clause 9 of rule 20, this 15-minute vote on ordering the previous question will be followed by a five-minute vote on adoption on the resolution if ordered and a five-minute vote on the motion to instruct conferees offered by mr. walz of minnesota. 15-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote the yeas are 242. the nays are 183. the previous question is ordered. the question is on adoption of the resolution. those in favor will say aye. those opposed will say no. the ayes have it. the resolution is adopted. the gentleman from colorado seek wreck anything?

-- seek recognition? the yeas and nays are requested. those favoring a vote by the yeas and nays will rise. a sufficient number having arisen, the yeas and nays are ordered. members will record their votes by electronic device. this will be a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote the yeas are 245. the nays are 178. the resolution is adopted. without objection, the motion to reconsider is laid on the table. the unfinished business is the vote on the motion to instruct on h.r. 4348 offered by the gentleman from minnesota, mr. walz, on which the yeas and nays were ordered. the clerk will redesignate the motion. the clerk: motion to instruct conferees on h.r. 4348 offered by mr. walz of minnesota. the speaker pro tempore: the question is on the motion to instruct. members will record their votes by electronic device. this will be a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote the yeas are -- the speaker pro tempore: on this vote the yeas are 386 and

the nays are 34, one voting present. without objection, the motion to reconsider is laid on the table. for what purpose does the gentleman from maryland rise? mr. hoyer: mr. speaker, the house is not in order. the speaker pro tempore: the gentleman is correct. the house is not in order. please take your conversations off of the floor. please take your conversations off the floor. would you please take your conversations off the floor,

please? the gentleman from maryland is recognized. mr. hoyer: thank you, mr. speaker. pursuant to clause 6-c of rule 22, i hereby give notice of my intention to offer a motion to instruct conferees on h.r. 4348. the motion to instruct conferees reads as follows, mr. speaker. i move that the managers on the part of the house of the conference on the disagreeing votes of the two houses on the senate amendment to h.r. 4348 be instructed to proceed from disagreement to the amendments to the amendment of the senate. the speaker pro tempore: the gentleman's notice will appear in the record. mr. hoyer: thank you, mr. speaker. the speaker pro tempore: for what purpose does the gentlelady from tennessee rise? mrs. black: thank you, mr. speaker. pursuant to clause 7-c of rule 22, i offer a motion to instruct conferees. the form of the motion is as follows. i move that the conference on the disagreeing votes on the two houses of the senate

amendment to h.r. 4348 be instructed to reject section 31108 of the senate amendment related to distracted driving grant other than the matter proposed to be inserted as section 411-g of title 23, united states code. related to distracted driving study. the speaker pro tempore: the the gentlelady's notice will be recorded in the record. mrs. black: thank you, mr. speaker. pursuant the speaker pro tempore: pursuant to clause 8 of rule 20, the chair will postpone further proceedings today on the motion to suspend the rules on which a recorded vote or the yeas and nays are ordered or on which the vote incurs objection under clause 6 of rule 20. any recorded vote on the postponed question will be taken later. for what purpose does the gentleman from michigan seek recognition? mr. upton: mr. speaker, i move to suspend the rules and pass

s. 3187 as amended. the speaker pro tempore: the clerk will report the title of the bill. the clerk: senate 3187, an act to amend the food, drug and cosmetic act to extend the user fee frams for prescription drugs and medical devices, to establish user fee programs for generic drugs and biosimilars and for other purposes. the speaker pro tempore: pursuant to the rule, the gentleman from michigan, mr. upton, and the gentleman from california, mr. waxman, each will control 20 minutes. the chair recognizes the gentleman from michigan. mr. upton: mr. speaker, i'd ask unanimous consent that all members may have five legislative days to revise and extend their remarks and insert extraneous materials in the record. the speaker pro tempore: without objection. mr. upton: mr. speaker, i yield myself two minutes. the speaker pro tempore: the gentleman is recognized. mr. upton: mr. speaker, i want to thank mr. waxman, chairman harkin, senator ens eand members on both sides of the aisle in both the hse and senate who played a role in

this process. s. 3187 is a reflection of the hard work put in by both members and staff. and of everyone's willingness to put part sanship aside to look at the issues together. and because of that outstanding dedication, we have a bill today that will make a real difference in the lives of so many patients and provide much-needed support for innovators across our great country. at the outset of this congress, i set a goal of enacting this bill by the end of june, and here we are. well before the clock has expired for this month. in order to provide certainty for american patients and innovators. i never lost confidence that we could deliver the bipartisan reforms that we needed and i am so proud that we will accomplish that goal. mr. speaker, this is, this is a jobs bill, and it's a medical innovation bill and as we put this package together our goal is to improve the predictability, consistency, transparency and efficiency of f.d.a. regulation. these reforms will help get new treatments to patients more

quickly. it will help us not only keep jobs in michigan and all across the country but also to create new ones. in order to get it right we turn to patients, innovators, job creators who provided firsthand experience of how the current system is broken, and we included many of their suggestions in the bill. this bill includes significant accountability and reform measures designed to hold the f.d.a. responsible for its performance. the measure includes independent assessments of f.d.a.'s drug and device review process. it also includes requiring quarterly reporting from the device center so we don't have to wait a year to find out f.d.a.'s progress. the bill is about patients, and that's why so many patient advocates have spoken out in support of these reforms. whether it's the steps we took to support treatments for rare diseases or mitigate drug shortages or speed up the approval of devices that will improve patient's quality of life, these are steps that will make a real and significant difference.

they will keep the u.s. at the forefront of medical innovation where we belong. this bill is just the first step. this bill provides the resources and the game plan so that f.d.a. can improve its performance. it's now -- i yield myself an additional minute. the speaker pro tempore: the gentleman is recognized for one minute. mr. upton: is now up to the f.d.a. to execute that game plan, and i give my commitment today that our committee will continue to monitor and hold the f.d.a. accountable for its performance. so together, the members of the house and senate have produced a bill that is a win for american patients, innovation and job creation. before i conclude, i'd like to recognize warren burke, megan from the legislative counsel office, the role of legislative counsel goes unnoticed. also appreciate our staff starting with our staff director, gary, for pushing this legislation over the finish line, clay on the majority staff, rachel, minority staff, and particular, ryan, the chief counsel for the health subcommittee.

. american workers will keep us on the cutting edge of medical innovation and i reserve the balance of my time. the speaker pro tempore: the gentleman reserves. the gentleman from california. mr. waxman: mr. speaker, i yield myself three minutes. the speaker pro tempore: the gentleman is recognized for three minutes. mr. waxman: today the house considers a bill that represents a significant bipartisan and bicameral achievement. on may 30 this year, the house passed its user fee legislation by a dramatic vote of 387-5. that bill was a strong one. but through our collaborative process with the senate, we have made it even better. it has been a pleasure to work not only with mr. upton, mr. pitts, mr. pallone, and mr. dingell among many involved house colleagues, but also with our senate colleagues, senator harkin and insy. -- enzi. when we began this process there were divergent views on the various issues contained in this bill, but we work together and

we found ways to bridge our differences in a fashion that protects patients and fossers innovation. this -- fosters innovation. this legislation contains many provisions crit critical to the funding of major parts of the f.d.a. we re-authorize the f.d.a. drug and medical device user fee program which will provide resources to enable the efficient review of applications and give patients rapid access to new therapies. we also re-authorizing two pediatric programs which foster the development and safe use of prescription drugs in children. this year we are establishing two new programs to help f.d.a. speed up their review of new generics and biosimilars. these provisions have a bipartisan commitment to ensuring a vibrant generic marketplace and all of us will see the benefits when more low-cost generics are on the

market. one of the most important improvements of the house passed bill is in the area of antibiotics. we accepted the senate language that directs incentives for the development of antibiotics toward serious and life threatening infections. this bill also includes provisions to modernize f.d.a.'s authorities with respect to the drug supply chain. today 80% of active ingredients and bulk chemicals using u.s. drugs come from abroad. and 40% of finish drugs are manufactured abroad. f.d.a. is trying to keep pace with this increedingly globalized drug supply chain using an outdated statute. this legislation will give the f.d.a. critical new tools to police this dramatically different marketplace. we have also worked to address the area of drug shortages which is a complex and multifaceted problem. but this legislation takes sensible first steps. i want to thank my colleagues on

both sides of the aisle on their staffs for the hard work they put into making this a strong bipartisan bill. i particularly want to thank mr. pallone and mr. dingell's staff members, tiffany and tim as well as mr. upton and mr. pitts' staff, ryan and clay. legislative counsel, warren and megan -- additional 30 seconds i yield to myself. warren and morgan have done tremendous work on this bill. i'd like to express my appreciation for their effort. i want to thank my own staff, karen, rachel, eric, and alan. the american public will benefit from the provisions of this bill. the f.d.a. will have the resources to remain the gold standard for the future. this is important bill, a good one. i urge its support. i reserve the balance of my time. the speaker pro tempore: the gentleman reserves. the gentleman from michigan. mr. upton: i yield one minute to

the chairman emeritus to the energy and commerce committee, the gentleman from texas, mr. barton. the speaker pro tempore: the gentleman is recognized for one minute. mr. barton: i thank the distinguished chairman. i ask unanimous consent to revise and extend my remarks. the speaker pro tempore: without objection. mr. barton: mr. speaker, i rise in strong support of this bill. when the american public asked why can't congress just work together, we should hold this bill up as exhibit number a that it is possible. as the ranking member just pointed out, this is a bipartisan, bicameral preconference agreement for a very complicated bill. we re-authorize the food and drug administration user fee program for five years. we also re-authorized the medical device user fee program for five years. and i believe for the first time do one for generic and biosimlars. this is a complicated, complex piece of legislation, but it has

been worked out in a bipartisan agreement. i have had some concerns about the extent and the cost of the user fees. i will continue to monitor that, mr. speaker. but this is a good piece of legislation. the chairman and ranking member and the committee chairman and ranking member and all the others who have worked on this should be commended. this is an excellent bill and i hope that the congress will unanimously support it and the senate will agree when we send it to the other body. thank you. the speaker pro tempore: the gentleman from california. mr. waxman: at this time i'd like to yield three minutes to the gentleman from new jersey, mr. pallone, the ranking member of the health subcommittee that was responsible for this legislation in its first instance. i'd like to ask unanimous consent that mr. pallone be permitted to manage the rest of the time on our side of the aisle. the speaker pro tempore: without objection. the gentleman is recognized for three minutes. mr. pallone: thank you, mr.

speaker. and thank you, chairman waxman. i want to say i'm very proud to support the bill before us which would re-authorize and revitalize a number of different programs at the f.d.a. this bill really represents a great compromise between the house and the senate and strikes the right balance by including strong provisions that will be good for bh innovation d paen when we pass the house version of this bill, i spoke highly of a great cordlcess and i'm hay to beble techo those septembermentsere day. this process suld a model for ngreionabipartis cooperatn inhe fure. not only did wll work so wellabt e two chambe versions of the billmatter of two weeks. that's commendable. it's a clear indication that congress is certainly capable of greatness if we just follow or allow ourselves to set politics

aside and simply legislate. i want to thank chairman upton and ranking member waxman forure leadership and all the staff -- for your leadership and all the staff who worked around the clock and particularly tiffany, my staff person, they were all dedicated to achieving a consensus product and they have done just that. the bill before us today provides the f.d.a. with more than $6 billion over five years to pay for the timely and efficient reviews of medical products. together these agreements will ensure that americans have access to safe and effective new medicines and medical devices. it will reduce the drug costs for consumers by speeding the approval of lower cost generic drugs with the establishment of the new user fee program for generic drugs and lower cost versions of biotech drugs as well. it also includes promising provisions that address the safety of the supply chain, help to foster the development and safe use of drugs for children, increase efforts to address drug shortages, change conflict of interest rules so the f.d.a. has

access to the best expertise on the advisory panels, and other provisions which are important to the public health of our nation. this bill is good for the f.d.a., good for industry, good for patients alike. i'm confident we will pass this critical bill overwhelmingly today and the senate will act early next week so we can send it to the president for his signature as soon as possible. i urge all members to support this bill and thank you, mr. speaker. i reserve the balance of my time. the speaker pro tempore: the gentleman reserves. the gentleman from michigan. mr. upton: i yield two minutes to the distinguished chairman of the health subcommittee, mr. pitts from pennsylvania. the speaker pro tempore: the gentleman is recognized for two minutes. mr. pitts: thank you, mr. speaker. i stand to strongly support this legislation. this bipartisan agreement represents over 18 months of work from the energy and commerce health subcommittee and i'm especially proud and appreciative of the hard work of ryan and clay for their diligent and tireless efforts in helping to make this bill possible.

the f.d.a. safety and innovation act is critical to saving lives and approving regulatory operations and sustaining a vital and dynamic american industry. american companies are the leading developers of new medical devices and drugs to save and sustain life. to ensure that products are both safe and effective, we have tasked the food and drug administration with reviewing products before they make their way into the market. and this is a critical responsibility. the device and drug industries are dynamic and innovative. companies spend hundreds of millions of dollars and years of research and work to develop products. the review staming is a critical time for any company, and inconsistent reviews mean that the true cost of developing new products is hidden, making it difficult to properly prepare. when our health subcommittee began considering this legislation last year, we heard from a number of individuals about the increasing difficulty of working through the review process. american patients were waiting

almost four years longer for new devices that had already been approved in europe and despite the slower u.s. review process, the safety outcomes from comparable. the f.d.a. safety and innovation act contains important reforms to the medical device user fee act and will hold f.d.a. accountable and keep reviews on schedule. there are many reforms in this bill. finally, we include language to help patients and doctors and hospitals deal with drug shortages. mr. speaker, i'm proud of the work we have done. i'm proud we have such a bipartisan effort. i'd like to especially thank ranking member frank pallone and his staff for patiently working with us. for mr. dingell, mr. waxman we have accomplished much with this legislation. it will help save lives, create jobs, two goals we can all agree

on. thanks to our chairman, mr. upton, i yield back. the speaker pro tempore: the gentleman's time has expired. the gentleman from new jersey. mr. pallone: thank you, mr. speaker. i yield now three minutes to our chairman emeritus, the gentleman from michigan, mr. dingell, who worked so hard on this bill, particularly with regard to the safety provision. the speaker pro tempore: the gentleman is recognized for three minutes. mr. dingell: mr. speaker, i ask unanimous consent to revise and extend my remarks. the speaker pro tempore: without objection. mr. dingell: mr. speaker, this is a good bill. i urge my colleagues to support it. i rise in strong support of it and i urge my colleagues to do the same. this legislation enjoys broad bipartisan support on both sides of the capitol, and from industry and patient groups. we should also be proud of the work we have done to get it here today. i would observe that it has been done because the members worked together in the most -- finest traditions of this body. and i'm also proud of the work that my colleagues on the committee and staff has gone on this matter. i was pleased to work with them to include strong drug supply chain provisions, something that's been a long priority of mine. i'm also pleased that for the first time importers will be

required to register so we know whether it's safe or not. it will also be able to clear inspections in domestic and foreign drug facilities. something that is a major problem because foreign facilities and foreign manufacturers now import much into this country and much of which is unsafe and improperly inspected. f.d.a. will be able to maintain a practice in which there was drugs that were unsafe or intentionally or otherwise adulterated. thee will be able to pose increased penalties on those who adulterate these drugs and pharmaceuticals. these provisions which mirror my safety bill will equip f.d.a. with the authority it needs to better oversee our increasingly globalized drug supply chain and

give american families comfort that the pharmaceuticals that they are taking are safe. and help to deter and to respond to any future incidents which killed some 80 americans and hurt thousands more. while i am disappointed we are unable to come forward with a consensus on national track and trace standard, it's my hope that we will continue to work on this in coming days. i want to commend my colleagues, mr. mathison and mr. bilbray, for the fine work they have done on this matter. i have also been working on this issue for many years and we have come closer than ever before in finding a consensus. giving additional time, i think we could have resolved this issue but because of time pressures we were not. i also want to thank my friends, mr. upton, mr. harker, ranking members and staff for their hard work which they did to send this critical bill to the president before july 4. i also want to thank kimberly of

my staff for her diligence on the supply chain provisions and other matters. i urge my colleagues to support this bill. it will be something which we will be proud. it will confirm much safety on the american people in areas of very substantial danger. and it will see to it that through a modest degree at least the industry supported provisions, including those which involved the collection of fees, will begin to work for the bep fit of the american people. i thank you. i yield back the balance of my time. the speaker pro tempore: the gentleman's time has expired. . the speaker pro tempore: the gentleman's time has expired. the gentleman from michigan. mr. upton: thank you, mr. speaker. i'd yield two minutes to the distinguished vice chair of the health subcommittee, dr. burgess, two minutes. the speaker pro tempore: the gentleman is recognized for two minutes. mr. burgess: i thank the chairman for yielding, mr. speaker, for the recognition. today we are considering the food and drug administration safety innovation act, and i urge my colleagues to support

it. this bill re-authorizes the food and drug administration's user fee programs. the bill will allow industry to continue to partner in providing our physicians the -- and provide them the tools they need to prevent and alleviate human suffering. the legislation retains significant reforms that were made in our house bill and enhances other provisions such as those on drug shortages. the bill will ensure that the food and drug administration has the scientific and medical expertise that they need when reviewing products utilizing emerging science or for those population with very rare diseases. this bill will spur innovation for antibiotics, will help those with rare diseases and be particularly helpful for the community of physicians that takes care of our pediatric cancer patients. the food and drug administration is now required to notify congress before issuing guidance regarding the regulation of laboratory developed tests. i still believe we should provide oversight of tests instead of contemplating any

duplicative legislation. it will address numerous other issues to enhance the work of the f.d.a. while correcting missteps of the agency in terms of good guidance practices and the manufacturing of devices. the vote was respectful and chairman upton, thank you, and i want to thank ryan and clay on the staff of the majority who sacrificed much to get this product to the floor today. this vote is really about patients who will be served by the passage of this bill and i urge its expeditious passage. i yield back. the speaker pro tempore: the gentleman's time has expired. the gentleman from new jersey. mr. pallone: mr. speaker, i yield two minutes to the gentlewoman from colorado, ms. degette, who worked very hard on the drug shortage provisions

in the legislation. the speaker pro tempore: the gentlelady is recognized for two minutes. ms. degette: thank you very much, mr. speaker. i'm delighted to support this bipartisan legislation which addresses critical problems affecting the safety of drugs and medical devices in this country. there are several highlights i'd like to talk about, like dr. gingrey's inseptemberives for antibiotic development -- incentives for antibiotic development or the supply chain that mr. dingell has worked on for years. there is an issue i have been working on with a bipartisan basis throughout this congress that i want to discuss briefly. drug shortages have ran over hospitals, doctors and our families. figures recently released by the university of utah shows there were 56 more null reported drug shortages in the u.s. last year than in 2010 when there were 211. so, again, let me say again, 211 drugs in shortage. how can this be happening and what can we do about it?

representative tom rooney and i, from florida, introduced the life preserving medications act. it creates an early warning system between the f.d.a., drug companies and providers so a community can respond to a drug shortage quickly and efficiently. it won't solve the root problems of the drug shortage crisis but it will help providers and doctors and hospitals identify those crises and help with the patients. this february, for example, under a voluntary program, the f.d.a. stepped in to allow for temporary emergency importation of the cancer drug, doxil, which was in shortage, and at the same time the f.d.a. prioritized the review of the new manufacturer of the same drug when the cancer drug went into shortage. and so what our bill will do is make this program mandatory. what we think it will do is it

will help patients across the spectrum get the drugs they need. it will help the hospitals and the providers identify potential shortages, and it will help the manufacturers better make sure that they get the drugs to the patients that need them. i'm thrilled that this is contained, and i want to thank the chairman. the speaker pro tempore: the gentlewoman's time has expired. the gentleman from michigan. mr. upton: mr. speaker, i'd yield one minute to the distinguished gentleman from florida, mr. stearns, one minute. the speaker pro tempore: the gentleman is recognized for one minute. mr. stearns: mr. speaker, i ask unanimous consent that the attached letters i have part of my speech be made part of the record. the speaker pro tempore: without objection. mr. stearns: my colleagues, this re-authorization of f.d.a. user fees will provide stability for f.d.a.'s new product review as companies submit new and innovative drugs, medical devices and biologics. and i'm glad that h.r. 4132, fast, was included in the f.d.a. reform act.

fast modernizes f.d.a.'s accelerated approval pathway to include technologies, new drugs from people suffering from rare diseases. there are 30 million americans from suffering one of over 7,000 rare diseases that only 250 currently have any treatment. fast will save lives, so i'm pleased also the bill includes the expert act, h.r. 4156. this will help f.d.a. consult with medical experts when evaluating drugs designed for rare diseases such as sithic fibrosis. i'm glad -- cystic fibrosis. i obviously support passage of this bill and would like to enter my full statement in the record. the speaker pro tempore: the gentleman's time has expired. the gentleman from new jersey. mr. pallone: thank you, mr. speaker. i yield a minute and a half to the gentlewoman from california, mrs. capps. the speaker pro tempore: the gentlelady is recognized for one minute and a half.

mrs. capps: i thank my colleague for yielding and, mr. speaker, i rise today in strong support of the f.d.a. safety and innovation act. this bipartisan effort will improve the health and safety of the american people and at the same time support good jobs and innovation in the health care industry. i'm especially pleased that this bill includes two provisions which i authored. the first is modeled on my safety device act and it will improve postmarket surveillance of medical devices and implementation of the unique device identifier program. this essential program will allow us to identify potential device programs early thereby protecting patients and identifying issues when they are easier and less costly to address. the second provision i authored comes from my bipartisan heart for women act which the house has passed two times. it requires the f.d.a. to report on the availability of new drug and device safety and efficacy data by sex, age and racial and ethnic subgroups.

drugs and devices can have dissimilar effects among various populations and this provision will reduce substantial disparities in health care, especially for women and minorities. so i thank the chairman and ranking members for their leadership on the f.d.a. safety and innovations act and for their support of these two provisions. i urge my colleagues to support this bipartisan bill, and i yield back the balance of my time. the speaker pro tempore: the gentlelady yields back the balance of her time. the gentleman from michigan. mr. upton: mr. speaker, i'd yield one minute to the distinguished gentlewoman from north carolina, the vice chair of the energy and commerce committee, mrs. myrick, one minute. the speaker pro tempore: the gentlelady is recognized for one minute. mrs. myrick: thank you, mr. chairman. the bill before us contains critical improvements to the current law. among them is the creation of a priority review voucher program for companies that develop treatments for rare pediatric

diseases. the long-term success of failure of crucial drugs and device approvals doesn't just depend on approving new funds and guidelines for f.d.a. it also depends on instilling a culture at f.d.a. that seeks out practical solutions to the diseases that our constituents face. f.d.a. must recognize that patients, especially those with fatal illnesses, deserve to have potential treatments made available. whenever possible, f.d.a. should use all the tools it has available to appropriately warn doctors and patients of risks associated with the treatment without removing patient access. patients facing a fatal diagnosis, whether it's metastatic cancer, a.l.s. or otherwise, should be given the benefit of the doubt unless the treatment is very risky. this should be a guiding principle of the f.d.a. and not simply a consideration. so i urge support of the bill. the speaker pro tempore: the gentlelady's time has expired.

the gentleman from new jersey. mr. pallone: mr. speaker, i yield one minute to the gentleman from new york, mr. engel. the speaker pro tempore: the gentleman is recognized for one minute. mr. engel: i thank my friend for yielding to me and i rise in support of s. 4187, the food and drug administration safety and innovation act of 2012. this is a rare day in congress where we are working in a bipartisan manner to get good things done. this bipartisan and bicam rell agreement is a prime example of the good legislative work that can be done by this body when compromises are accepted. in particular, i'd like to thank the chairman of the full-energy and commerce and health subcommittee. i'd like to thank them for including the re-authorization of the critical path public-private partnerships in this legislation, something which i pushed for a long time. so need improvements in

regulatory science can contue. i believe this bill will help the needs of the f.d.a. industry and most importantly patients and i look forward to its passage. i yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the gentleman from michigan. mr. upton: thank you, mr. speaker. i'd yield one minute to the distinguished gentleman from pennsylvania, dr. murphy, one minute. the speaker pro tempore: the gentleman is recognized for one minute. mr. murphy: thank you, mr. speaker. mr. chairman, what good are life-saving drugs if you can't afford them? that's why real reform of the neags' health care system begins promoting quality and affordability. i'm excited this legislation is moving forward because the f.d.a. will finally have a system for bringing more life-saving generic drugs to mark. today's bill authorizes the first generic user fee program to expedite approval of generic which is a faction of the cost of brand name drugs. they can save a patient $1,000 a year on medication alone but it may well yield billions in savings across our nation when affordable generic drugs are used to treat acute and chronic

illness. right now consumers are spending millions if not billions more in out-of-pocket costs because the f.d.a. doesn't have the resources to tackle 2,800 generic applications awaiting review. there will be fewer strokes, heart attacks and cases of cardiovascular diseases when this bill moves forward into law and will be assure the medicines our families take will be of the highest quality. we will look back the china drug which killed 2,000 people. i'd like to thank chairman deal, waxman and upton for this bill and i yield back the balance of my time. the speaker pro tempore: the gentleman's time has expired. the gentleman from new jersey. pallone pallone mr. speaker, can i inquire about how much time remains on each side? the speaker pro tempore: you have 6 1/2 minutes and the gentleman from michigan has nine minutes. mr. pallone: thank you. i yield now a minute and a half to the gentleman from north carolina, mr. butterfield. the speaker pro tempore: the gentleman is recognized for 90 seconds. mr. butterfield: let me thank you, mr. pallone, for yielding

the time and thank you so very much for your leadership on the health subcommittee. you do extraordinary work on our committee. mr. speaker, i rise today in support of s. 3187, the amended version of the food and drug administration safety and innovation act. i strongly support this bill and particularly pleased that the intent of h.r. 3059, the creating hope act, sponsored by my good friend from texas, mr. mccaul, and myself was included in the final bill. i'm thrilled to highlight section 908, the rare pediatric disease priority review voucher incentive program. the program will incentivize pharmaceutical companies to develop new drugs for children with rare pediatric diseases such as childhood cancers and sickle cell disease, by expanding the cost-neutral priority review voucher program, expanding the voucher program will allow pharmaceutical companies to expedite f.d.a. review of more profitable drugs in return for developing treatments for rare pediatric diseases. i think that is a good

tradeoff. i would like to thank mr. mccaul and mr. waxman and mrs. myrick and all of you who worked on this bill with us. i want to thank our senate colleagues, mr. casey and mr. brown, for working diligently with me and our colleagues to see to its inclusion. finally, i want to recognize nancy goodman, with kids versus cancer, who continues to be a tireless advocate for this issue. thank you, mr. pallone, thank you, mr. speaker. i yield back the balance of my time. the speaker pro tempore: the gentleman from michigan. mr. upton: mr. speaker, i'd yield one minute to the distinguished gentleman from california, a member of the committee, mr. bilbray, one minute. the speaker pro tempore: the gentleman from california is recognized for one minute. mr. bilbray: mr. speaker, i stand in support of the bill and i want to thank chairman upton and leadership on both sides of the aisle for getting together and doing what's right for the american people. at this time we talk about economic strife we have to remember that the f.d.a. condition a friend or enemy if not only of our health but also our jobs and our economic

opportunities. in california alone, mr. chairman -- mr. speaker, we have over 267 people working in the pharmaceutical industry. we have over 42,000 just working in san diego county. this bill will not only help to protect jobs but this bill is a bipartisan bill to save lives. how much better can we send to the american people that washington is listening to the fact in they want bipartisan support and bipartisan efforts and bipartisan successes on things that matter. this bill is something that matters. we're talking about preserving the economic opportunities of our fellow citizens. and we're talking about saving the lives of our family members and our neighbors. i'd like to yield back my time at this time. the speaker pro tempore: the gentleman's time has expired. the gentleman from new jersey. mr. pallone: thank you, mr. speaker. i yield two minutes to the gentleman from massachusetts, mr. markey.

the speaker pro tempore: the gentleman from massachusetts is recognized for two minutes. mr. markey: thank you. i'd like to thank chairman upton and pitts and ranking members waxman and pallone and their staffs for their work in bringing the f.d.a. safety and innovation act to the floor today. passing this bill will allow the f.d.a. to continue its critical mission of bringing safe and effective drugs and medical devices to the patients who need them. reviewing drug and device applications has become increasingly challenging. medical breakthroughs of today often target rare diseases of genetic subsets -- or genetic subsets of those diseases. f.d.a. reviewers must look at specialized treatments. i'm pleased that this bill includes language i helped altogetherer to improve collaboration between f.d.a. and external experts in rare diseases like cysticify brow sick and -- cystic fibrosis and sickle cell disease. this also ensures that millions

of americans who are blind or environmentally -- visually impaired have safe and independent access to the information on prescription drug labels. no one should have to sacrifice their privacy or independence to access the vital information on these bottles and i'm glad we're taking steps to address that here today. and finally this bill helps increase the availability of pediatric medical devices and ensures that medications are tested and labeled appropriately for children. i was proud to work on these provisions with my colleagues, congresswoman eshoo and congressman rogers. i would have liked to have seen additional measures included in this bill to ensure the safety of medical devices based on defective models that have already been approved by the f.d.a. that unfortunately continue to be sold and jeopardized, patients' health aye all across this country. i'm -- all across this country. i'm going to continue to work on this issue.

i believe it's a problem we must solve. once the f.d.a. approves the device and then it turns out that there's a defect, there should be no excuse for allowing new companies to build the device -- their devices based upon the old approved defective model that the f.d.a. had approved. tens of thousands of americans are put in jeopardy and i would like to work to solve that problem. but nonetheless this is an excellent piece of sledgelation and i hope that -- legislation and i hope that the house gives its approval. the speaker pro tempore: the gentleman's time has expired. the gentleman from michigan is recognized. mr. upton: thank you, mr. speaker. i would ask unanimous consent that mr. dent's full statement in support of this legislation be included in this record at this point. the speaker pro tempore: without objection, so ordered. mr. upton: and i would yield two minutes to the distinguished gentleman from georgia, dr. gingrey, a member of the committee. the speaker pro tempore: the gentleman from georgia is recognized for two minutes. mr. gingrey: mr. speaker, i thank the gentleman for yielding. the f.d.a. safety and innovation act of 2012 may not be a great bill but it is a darn good bill.

and as a physician and a member of the energy and commerce committee i strongly support it. as my colleagues have said on both sides, this is a bicameral, bipartisan piece of legislation and, yes, we can get our work done. i want to particularly thank chairman upton, ranking member waxman, health subcommittee chairman pitts, ranking subcommittee member mr. pallone, and all of the members that have worked so hard on this really vast, huge bill that covers a lot of things, not the least of which of course is to provide 65% of the funding for the f.d.a. so that they can indeed hire the best and brightest scientists so, they can get their work done in a timely manner. get new drugs to the market, medical devices and bottom line, keep the health care system in this country the best in the world for our constituents and our patients.

mr. speaker, i wanted to mention one particular aspect of the bill that i was very much involved in and that's this issue of antibiotics shortage. the bill as it stood alone was called the gain act and i had a tremendous amount of help on both sides of the aisle. on the democratic side congresswoman eshoo, degette, congressman gene green, on my side of the aisle, mike rogers of michigan, mr. shimkus, mr. which the field. and what we do with that -- mr. wit field, and what we do -- mr. wit field. and what we -- mr. wit field. -- mr. whitfield. this can bring these innovation fifth and sixth generation antibiotics to the market and still have an opportunity to recoup the investment and the expense of doing so. so i want to just say to my colleagues on both sides of the aisle, it's a proud day i think

for all of us, for chairman emeritus dingell, former chairman on our side of the aisle, mr. barton, and everybody involved in this bill. i thank all of you. let's all support unanimously this bill. and i yield back the balance of my time. the speaker pro tempore: the gentleman's time has expired. the gentleman from new jersey. mr. pallone: mr. speaker, i have no additional speakers so i'll reserve. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from michigan. mr. upton: mr. speaker, i would yield one minute to the gentleman from new jersey, mr. lance, a member of the committee. the speaker pro tempore: the gentleman from new jersey is recognized for one minute. mr. lance: thank you, mr. chairman. mr. speaker, this legislation will ensure that patients get improved access to innovative, life-saving therapies and medical devices while protecting an creating u.s. jobs -- and creating u.s. jobs. the bill is critically important to new jersey where we have a high concentration of medical device, pharmaceutical and life signs -- science employees. i'm pleased that this contains provisions important to streamline and modernize f.d.a.

relations while promoting patient safety. today's measure is fiscally responsible, reducing the deficit by $311 billion over the next 10 years according to the c.b.o. i thank chairman upton, chairman pitts, ranking member waxman, ranking member pallone and members of the energy and commerce committee for working together in a bipartisan capacity on a final bill that protects patients and brings much-needed certainty to the medical and biopharmaceutical industries. this is the way congress should work. i yield back the balance of my time. the speaker pro tempore: the gentleman from michigan. mr. upton: mr. speaker, i would yield one minute to the gentleman from connecticut, mr. guthrie -- kentucky, mr. guthrie. the speaker pro tempore: the gentleman is recognized for one minute. mr. guthrie: thank you, mr. speaker. i appreciate the gentleman for yielding. i rise today in support of the legislation to re-authorize the prescription drug and medical device user fee acts and authorize new user fee programs for generic drugs and biosims. the legislation also includes

important reforms to grant patients improved access to new therapies and promotes innovation and job creation. jobs and the economy are top issues for most americans and this bill focuses on that. as a manufacturer i've heard many stories from many device manufacturers across the country about problems they faced with the f.d.a. and how those struggles were making it harder for them to manufacture in america. this bill includes important changes, including one that i championed to reform the f.d.a.'s guidance process that will inject certainty into the process and create more american jobs. this bill is an example of working in a bipartisan way to achieve a quality product that creates jobs. i thank the chairman and the ranking member for their work and, mr. speaker, i urge my colleagues to support this bill and i yield back the balance of my time. the speaker pro tempore: the gentleman's time has expired. the gentleman from new jersey has three minutes left. and the gentleman from michigan has four minutes left. the gentleman from new jersey. mr. pallone: mr. speaker, i yield 30 seconds to the

gentleman from virginia, mr. moran. the speaker pro tempore: the gentleman from virginia is recognized for 30 seconds. mr. moran: thank you, mr. chairman. i don't oppose the bill but i do have concerns about one element of this bill and that is what affects whistle blowers. the law that would apply is that of the military. the defense department. which frankly is weaker than applies to protecting whistle blowers who are in the civil service, civilian whistle blowers. and i do think protection of whistle blowers needs to be a priority and in this case i would hope that we could work in subsequent legislation to protect the rights of whistle blowers who are see lention -- essential to our being able to do our job as well as those people in the executive branch. so i just wanted to make note of that point. thank you. the speaker pro tempore: the gentleman from michigan. mr. upton: mr. speaker, i'd yield one minute to the

gentleman from new mexico, one minute -- new hampshire, one minute, a member of the committee, mr. bass. the speaker pro tempore: the gentleman from new hampshire is recognized for one minute. mr. bass: mr. speaker, i rise in strong support of the food and drug administration safety and i innovation act and i thank the distinguished chairman of the committee for recognizing me for one minute. the user fee process is a vital element in maintaining operations at the f.d.a. to bring valuable drugs and devices through the approval pathway and to market. i'm optimistic that with enhanced financial incentives and resources available to the f.d.a. included in the user fee agreements, we will see shorter approval times and more products available to patients. throughout this process there's been a commitment to addressing the unique issues associated with the rare disease community and bringing it to the forefront of this debate and i'm proud to have had my bill, the humanitarian device reform act, included as a provision in this device regulatory section. this language will make it easier for medical device manufacturers to create devices specifically for the treatment of individuals, both children

and adults, who are afflicted with very rare diseases. with this increased focus on providing incentives to manufacturers to invest in the development of these devices and drugs, it can be an attainable goal for an individual and family afflicted by rare diseases not only to improve the quality of life but possibly even find a cure. i rise in support of this bill and yield back. the speaker pro tempore: the gentleman from michigan. mr. upton: mr. speaker, i would yield one minute to the gentleman from minnesota in support of the legislation, mr. paulsen. the speaker pro tempore: the gentleman from minnesota is recognized for one minute. mr. paulsen: thank you, mr. speaker. and i want to applaud, first of all, the chairman and subcommittee chairman for their leadership in bringing this bipartisan package to the floor, and the ranking member. mr. speaker, nearly every week i get a chance to tour a medical device company in my district. and almost every week i hear a similar story from these companies that talk about how the f.d.a. has become so burdensome and bureaucracy and

inefficient that they -- bureaucratic and inefficient that he move the goal posts and -- that they move the goal posts. some of these companies are closing their doors and investing overseas and moving jobs as opposed to keeping them in minnesota or here in the united states. and unfortunately it seems that washington tends to thrive in these types of bureaucracies and inefficiencies and i think the package that is before us today is designed to help correct that. and the f.d.a. review process needs to be rigorous, but it also needs to be relevant. we've heard that message time and time again. we have to find ways to streamline and modernize the f.d.a. so that the united states can remain the leader in global medical innovation. this package absolutely moves us closer to meeting all those goals. these reforms will make the device approval process much more transparent, much more consistent, much more predictable and specifically i'm happy that my provisions to streamline the third party review process were included as well. i want to thank for the bipartisan support, thank the chairman and urge support by my colleagues.

i yield back. mr. upton: mr. speaker, may i ask how much time is left on each side? the speaker pro tempore: the gentleman from michigan has two minutes. the gentleman from new jersey has 2 1/2 minutes remaining. mr. upton: mr. speaker, i have just myself left. no other speakers. so if the gentleman wants to close and then i'll close and we'll -- the speaker pro tempore: the gentleman from new jersey is recognized for 2 1/2 minutes. mr. pallone: thank you, mr. speaker. i won't use all the time. i just want to stress again that the process in getting this bill passed and moved both here and in the senate has been just a great model, if you will, for i think what we can do when we want to get together and work together on a bipartisan, bicameral basis. so i can't say enough about everyone who was involved on both sides of the aisle and the staff in making this happen today. i also want to reiterate some of the things that some of my colleagues have said about how important this is. because you know it's on a suspension and some people may say, well, how important is it? it's extremely important. some of those sentiments have been echoed by those who talk about the drug and medical

device industry, which is really so important to this country. we pride ourselves on innovation . as some of you know there are many of these companies in my district and we pride ourselves on the fact that thomas edison had his lab at my district and that we're an inowe vativer in in new jersey and -- innovativer in in new jersey and new jersey as a whole. but innovation can't continue to happen in this industry unless we continue to have an f.d.a. process that runs smoothly and effectively. the fact of the matter is that this legislation is designed to make sure that that continues to happen. that the money is available so we can have an efficient process that continues to make the united states the innovator in the area of pharmaceuticals and medical devices. so i'm very proud to have been a part of this today. i urge everyone to support the bill and i thank my colleagues. i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from michigan is recognized for two minutes. mr. upton: thank you, mr.

speaker. mr. speaker, i just want to say, all of the positive comments here, this bill was not a piece of cake. it was a lot of hard work. by both sides of the aisle. particularly the staff on both sides of the aisle. again i want to say clay and ryan on our staff. but let's face it. all of us particularly involved on the health side of the issues, as we meet with different folks afflicted with different diseases, we want to find a cure. and it would be great to find that cure here in america. because we have outstanding pharmaceutical industries that have the talent, the staff to work with, the different departments, whether it be the n.i.h., the c.d.c., certainly the f.d.a. so we really did sit out last summer to embark on a good listening session to find out what it is that we needed to do to not only to find the cures and the prescriptions but the right process for them to be approved, so that those companies willing to make that

investment would stay here in america and not go overseas. we clearly want it made in america. we have the best folks here and that's what this bill does. and the hard work by so many, the hearings that joe pitts led with mr. pallone, the work of the amendments, the full committee, the subcommittee, the whole process to get it done before it really expired later on this year is so important, not only to the workers, but more importantly to the patients. so dealing with the drug shortages and working with mr. mccaul and the different rare diseases, all those different elements, we were able to weave into what i think is a mighty fine, strong bill. and then, of course, work with our counterparts in the senate, they actually stayed with us and we were able to work in a very strong, bipartisan way to

get our two bills refined and done in order to bring up on the house floor this afternoon. and i want to compliment everyone, certainly mr. waxman, who's back on the floor, but our leadership, the team we had on both sides of the aisle, again, our hardworking staff that really worked so hard to get this done that impacts millions of lives. i ask my colleagues to support this bill and i yield back the balance of my time. the speaker pro tempore: the gentleman's time has expired. all time has expired. the question is will the house suspend the rules and pass senate 3187 as amended. those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 having responded in the affirmative, the rules are suspended, the bill is passed, and without objection the motion to reconsider is laid on the table.

the speaker pro tempore: for what purpose does the gentleman from west virginia rise? rashaun stephany mr. speaker, i have a -- mr. mckinley: i have a motion at the desk. the clerk: motion to instruct conferees offered by mr. mckinley of west virginia. mr. mckinley of west virginia moves that the managers on the part of the house at the conference on the disagreeing votes of the two houses on the senate amendment to the bill h.r. 4348 be instructed to

insist on the provisions contained in title 5 of the house bill relating to coal conbuggs residuals. the speaker pro tempore: pursuant to clause 7 of rule 22, the gentleman from west virginia, mr. mckinley, and the gentleman from california, mr. waxman, each will control 30 minutes. the chair recognizes the gentleman from west virginia. mr. mckinley: mr. speaker, i yield myself seven minutes. the speaker pro tempore: the gentleman is recognized for seven minutes. mr. mckinley: thank you, mr. speaker. concrete is a fundamental element of roads, bridges and infrastructure projects. an important element of concrete is coal ash. this is now the fourth time the house has affirmed and reaffirmed its support for the beneficial use of recycling coal ash.

currently, the conference committee on h.r. 4348 is deep in productive negotiations and strong bipartisan compromises have occurred relative to the coal ash provision. my intent today is to urge the conferees to continue this bipartisan negotiation and retain this important cost saving provision in the bill. we're not here to rehash the same ideologically motivated arguments we have heard from extremists. simply put, we are here help put people back to work to give american businesses and to provide the health and environment of our families and friends. for those who say coal ash is irrelevant to roads and bridges, they couldn't be further from the truth. concrete suppliers have been incorporating coal ash into

concrete mixtures since the construction of the hoover dam over 80 years ago. without coal ash, the costs of construction projects would increase by $100 billion, according to american road and transportation builders association. thereby reducing the amount of moneys available for roads and bridges and infrastructure in erica. keep in mind, less construction results in fewer jobs. by retaining this bipartisan section of the highway bill, congress will be protecting the 316,000 jobs that are at stake in the recycling of fly ash. jobs involving concrete block, brick, dry wall, ceramic tile, bowling balls, and even in the cosmetics industry. for those who've been asking where the jobs bills are, this

is a jobs bill. among the supporters of this language are the chamber of commerce, the national association of manufacturers, the international brotherhood of electrical workers, the united mine workers, the united transportation union, the american road and transportation builders association, the international brotherhood of boilermakers and the afl-cio building and construction trades. consider these quotes, mr. speaker -- removing the coal ash from the supply change would increase the price of concrete by an average of 10%, according to the national association of home builders. coorlingd to the national association of manufacturers, -- according to the national association of manufacturers, coal ash contributes to $6 billion to $11 billion annually for sell of beneficial use, disposal and savings from

sustainable building materials. mr. speaker, currently 60 billion tons of coal ash is recycled annually. it retains 15% to 30% of the use in concrete. the use of concrete -- coal ash in concrete has resulted in 25 million tons of greenhouse gas emissions annually and as much as 54 million barrels of oil. the e.p.a. has indicated the annual financial benefits of using coal ash as a substitute for portland's cement contributes nearly $5 billion in energy savings. $41 billion in water savings. $240 million in emission reductions, and nearly $18 billion in nongreenhouse gases related pollution. the e.p.a. itself states that

coal ash leads to better roads. in two studies, one in 1993 and 2000, both under the clinton administration's e.p.a., found that coal ash did not warrant the regulations being pushed by the obama administration. in 2005, the e.p.a., the federal highway administration and the department of energy collaborated with the private sector to craft guidance on the appropriate uses and benefits of coal ash in highway construction. mr. speaker, i reserve the balance of my time. the speaker pro tempore: the gentleman reserves. the gentleman from california is recognized. mr. waxman: mr. speaker, i yield myself five minutes. the speaker pro tempore: the gentleman is recognized for five minutes. mr. waxman: reauthorizing the federal surface transportation programs is -- re-authorization the federal surface transportation programs will help revitalize our transportation infrastructure and will create jobs.

the transportation conference committee must work together to finalize a conference report as soon as possible to get people back to work. the senate worked on a bipartisan manner. they developed a strong bill that will create jobs and help the economy. they focused on the core issues. ignoring the temptation to attach side issues to this important legislation. unfortunately, the transportation bill is now being jeopardized by extraneous and anti-environmental provisions being pushed by republicans in the house. instead of working to come to agreement on important transportation policy provisions, house republicans are holding the bill hostage for a legislative earmark for the keystone x.l. tar sands pipeline, provisions to steam roll environmental review of projects and the mckinley coal ash bill that eliminates

existing authority to protect human health and the environment from the risks posed by unsafe disposal of coal ash. this motion to instruct is the latest effort to push these positions. it would instruct the transportation conferees to insist on the mckinley coal ash bill in the transportation bill . but the mckinley coal ash proposal is extraneous. it will do nothing on the transportation bill to address coal ash disposal. coal ash will continue to be available for use in concrete, for transportation projects just as it is today. current federal regulations do not restrict the use of coal ash in concrete, and counter to what you may hear today, e.p.a. has not proposed to regulate such beneficial reuses. although some may suggest that recycling of coal ash will

decrease because of the stigma, experience has shown when waste materials are regulated, as e.p.a. has proposed to do for coal ash, the rates of recycling and reuse increases. this has happened with other regulated waste. it happened with coal ash in wisconsin which has a robust regulatory scheme. there's a very simple reason for this. disposal in unsafe pits is inexpensive but environmentally dangerous. when reasonable environmental safeguards are put in place, the cost of disposal will increase. that makes alternatives like using coal ash in concrete more attractive. the coal ash legislation that this motion seeks to include will not ensure the safe disposal of coal ash. it will not prevent coal ash impoundments from cat stroffcally failing. it -- catastrophically failing.

it will the no prevent contamination of public drinking water systems. the mckinley coal ash bill will not stop another spill like we saw in kingston. air pollution like we have seen in maryland or water pollution like we have seen nationwide. what this coal ash proposal will do is stop the transportation conference from succeeding. this motion to instruct attempts to lock the house conferees into a position that the senate will only reject and it will doom the transportation conference committee to failure. we can retreat to intractable sitions on extraneous issues, making a transportation bill difficult if not impossible to pass, particularly in the time frame that we have set out for us. or we can work together in the time we have to produce a

transportation that will be signed by the president and we will keep our economy on the mend. a vote for this motion is a vote against completing the transportation conference. i'd urge all members to say yes to transportation and vote no on this position. and on this motion. i reserve the balance of my time. the speaker pro tempore: the gentleman reserves. the gentleman from west virginia is recognized. mr. mckinley: mr. speaker, i yield three minutes to my colleague from illinois, mr. shimkus. the speaker pro tempore: the gentleman from illinois is recognized for three minutes. mr. shimkus: i ask unanimous consent to revise and extend. the speaker pro tempore: without objection, so ordered. mr. shimkus: thank you, mr. speaker. it's great to be down here and this is why this provision of this bill is really pertinent to the highway bill. here it is. fly ash, lighter, more durable. i got two documents i brought down to the floor. the second one reads in the acknowledgments this document was prepared by the u.s. e.p.a. in cooperation with the

following agencies and associations. department of energy, federal highway administration and american coal ash association and the utilitys solid waste activities group. what's interesting about these two books, one published in june, 2003, the other one published in 2005, is they go through all the great uses of fly ash in construction. and i'd like to read just a few of those. here's one. fly ash improves workability for payment of concrete. maybe d.o.t. book, d.o.e. approved. the next one has, fly ash concrete is used in severe exposure applications such as decks and piers of tampa bay's sunshine skyway bridge. beautiful bridge. so this is not new. this is reaffirming what the construction industry's been doing for decades.

and actually in this other pamphlet, i'll talk about even greater use. here's another one. fly ash concrete finishing. again, this is a federal highway administration book, department of energy book, sponsored by the u.s. e.p.a., all saying good things about fly ash in road construction. full death reclamation by a road, another one, fill used in utility trench applications, all dealing with fly ash. fly ash structural fields and he embankments. nice photo of them using that in the construction sector. also the stabilization to improve soil strength. all using fly ash applications. we have a highway bill and that's why this provision is very, very important. because if the e.p.a. has its way and they label fly ash as toxic, guess what?

no more flex concrete. no more building of buildings that have fly ash applications. this is one of my favorite ones. use of ash in construction through the ages. the ancient time, the romans added volcanic ash to concrete to strengthen structures such as the roman pantheon and the colosseum, both of which still stand today. the first major use of coal fly ash in concrete in the united states occurred in 1942, to repair a tunnel spillway at the hoover dam. one of the most impressive concrete structures in the country is hungry horse dan near glacer national park in montana, was constructed from 1948 to 1952 with concrete containing, you guessed it, fly ash. we're in washington, d.c. what are one of the great things we see here in -- i ask for an additional 30 seconds. mr. mckinley: additional. the speaker pro tempore: the

gentleman is recognized. mr. shimkus: both the subway system named as metro, and the new ronald reagan building and international trade center were built by, you guessed it, fly ash. and concrete. other significant structures utilizing coal fly ash is concrete including the big dig in boston and decks and piers of the tampa bay's sunshine skyway bridge. that's why this is applicable to the highway bill. i commend my colleague and i yield back the balance of my time. the speaker pro tempore: the gentleman's time has expired. the gentleman from california is recognized. mr. waxman: mr. speaker, at this time i'd like to yield five minutes to the gentleman from illinois, the ranking member of the energy subcommittee, mr. rush. the speaker pro tempore: the gentleman from illinois is recognized for five minutes. mr. rush: i want to thank the ranking member on the energy and commerce committee and let him know how much i appreciate not only his leadership on the other issues but particularly his leadership on this issue here. mr. speaker, i stand here astounded, amazed and -- by the

remarks from the last speaker. you know, he wants the american people to be convinced that fly ash is as healthy to them as it can be and that they should in fact maybe go out and go to a local drug store and ask for a bottle of fly ash so they can splinkle it over their -- splinkle it over their dinner -- sprink it will over their dinner meal as they would salad dressing. i don't think the american people would be pleased with that. mr. speaker, i stand in strong opposition to this motion to instruct. at a time when we are facing

historic levels of joblessness in communities around the country, in the african-american community and other minority communities, republicans are playing chicken with the transportation bill, which is intended to provide american jobs and repair our aging economy. not to further the contamination of the water supplies, the air supplies in our most vulnerable communities. so why don't we stop the charade? why don't we stop the asthmatic assault on the most vulnerable segments in the most vulnerable communities in our nation? this motion to instruct contains

a deadly and dangerous provision that would only allow more poisoning, more disease and more death from one of our nation's biggest waste products, the deadly, cancerous coal ash that's under this session today. coal ash, i want to remind you, is a waste leftover after thousands of tons of coal are burned at coal-fired power plants and is laden from top to bottom with toxins. such as mercury, arsenic, chromium and lead. these are the pollutants that causes cancer, that causes

disease, breathing problems, neurological damage, developmental problems and even the final problem which is death. mr. speaker, title 5 of h.r. 4348 gives companies an unprecedented ability to pollute the resource, conservation and recovery act. the unprecedented ability to pollute other resources, conservation and recovery act. even though the e.p.a., the environmental protection agency, found some coal ash ponds, there's a one in 50 risk of

cancer related to residents drinking arsenic-contaminated water. that's 2,000 times the e.p.a.'s regulatory role. dangerous coal ash disposal affects thousands of u.s. communities. research informs us that income and race remains strong predicters of the amount of pollutions that these americans face. the majority of coal ash is disposed and grossly inadequate dump sites which are primarily loketted in low income communities -- located in low income communities. this impacts those who are least equipped to respond to water contamination and the onslaught

of toxic dust in the air. mr. speaker, low income accidents are more likely to rely on groundwater supplies and less likely to have access to medical insurance and health care. can i have one more minute? mr. waxman: yield the gentleman an additional minute. the speaker pro tempore: the gentleman is recognized for one more minute. mr. rush: mr. speaker, title 5 of h.r. 4348 fails to protect people and their drinking water from toxic coal ash or from another massive spill like the disaster that occurred in houston, tennessee, in 2008. mr. speaker, let me conclude by saying that my state alone produces 4.4 million tons of coal ash annually and at least

19 coal ash dump sites have contaminated local water supplies. additionally each and every day a steam-fired steamship, the s.s. badger, dumps four tons of coal ash into lake michigan, my beloved city of chicago's primary water supply system. i urge all of my colleagues to vote against the motion to instruct and i yield back the balance of my time. the speaker pro tempore: the gentleman from west virginia is recognized. mr. mckinley: mr. speaker, i yield two minutes to my colleague from pennsylvania, mr. holden. the speaker pro tempore: the gentleman from pennsylvania is recognized for two minutes. mr. holden: i thank the gentleman for yielding. mr. speaker, i rise today in support of the gentleman from west virginia's motion to instruct conferees, to resolve the coal ash provision in the highway bill.

there are more co-generation plants in my congressional district than any congressional district in the country. for more than 100 years, coal refuge piles created eye sores throughout northeastern pennsylvania. these comb banks are now baseball fields and shopping centers. coal ash is not hazardous. e.p.a. determined that fact in a regulatory determination in 1993 and in 2000. the fact that e.p.a. continues to leave a hazardous waste designation for coal ash on the table, even though these three decades of science and facts points the other way, is directly contributing to the loss of current and future recycling. this designation would harm companies and is still emerging coal combustion byproduct markets that make everyday products like concrete, shingles and wall board. it will also hinder state departments of transportation and job creating highway and infrastructure projects, overwhelm state budget it's and employee resources by more than

doubling the volume of waste subjects that hazard out waste controls and translates into increased energy rates for millions of american consumers. as a member of the transportation and infrastructure committee, i see no better way to create jobs than to pass the highway bill. during the last highway bill, pennsylvania received over $10 billion which created over 400,000 jobs. the coal ash provision in the highway bill only strengthens job creation, simply put highway spending strengthens the fabric of our nation's infrastructure while creating jobs for millions of americans. i urge passage of the gentleman's motion to instruct and i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from california. mr. waxman: mr. speaker, at this time i yield five minutes to the gentleman from virginia, mr. moran. the speaker pro tempore: the gentleman from virginia is recognized for five minutes. mr. moran: i thank the very distinguished gentleman, ranking member on energy and commerce. and i rise in opposition to this

motion to instruct conferees, to include the coal residuals and reuse management act into any final conference agreement on the surface transportation authorization bill. the bill my colleague seeks to include in the surface transportation bill is bad policy. it has nothing to do with transportation and it would place communities living downstream from coal ash ponds in real danger. when properly recycled, coal ash and other residuals from burning coal do have economic value. that's not the issue here. but managed improperly they can be extremely hazardous. coal ash shouldn't be dumped in unregulated ponds to contaminate groundwater and spill into nearby streams and rivers. in 2008 as mr. rush pointed to, the kingston fossil plant in tennessee failed to properly maintain its coal ash empowerment pond. the pond collapsed, it dumped 1.1 billion gallons of coal ash

into the clench river. it inundated several houses with up to six feet of ash and mud. and then when they independently tested the clench river after the tennessee valley authority empoundment collapsed, it showed high levels of arsenic, copper, barum, chromium, lead, mercury, nickel and falum, all related to that spill. the spill contaminated the water, it killed the fish and it destroyed property. the cleanup price tag is still being assessed. but it's estimated to cost between $700,000 and $1 billion. the motion my colleague from west virginia is proposing would prevent e.p.a. from setting standards for this type of coal ash dump. allowing these problems to continue unchecked. we need to preserve the environmental protection agency's authority to advance regulations that discourage improper disposal of coal ash

and to encourage recycling. every year coal-fired power plants and industrial boilers in the united states generate about 67 million tons of coal ash and schragg and about 19 million tons of coal sludge. while fly ash, bottom ash and boiler slag all have a number of beneficial reuses in concrete, roads, wall board, they also contain heavy metals, including lead, arsenic, and mercury, as well as radioactive elements. these hazardous components dictate that we must be careful in the handling, reuse and disposal of the material. contrary to much of the publicity surrounding the coal ash issue, e.p.a. is not trying to ban the beneficial reuse of coal ash. . they had two separate possible regulatory regimes to encourage recycling and reduce impour coal ash disposal. e.p.a. wants to ensure that coal ash reuse is preserved

while guaranteeing that any disposal is done safely and effectively. e.p.a.'s proposed rules received extensive public involvement, including thousands of public comments and eight public hearings around the country. the coal residuals and the management act is designed to deprevious e.p.a. the ability to use the best available science at its decisions and it would negate those thousands of public comments that were received after the proposal. it would also give a free pass to power companies to pollute at taxpayer expense. coal ash is a national intrastate issue and should be subject to federal regulation. when passing the conservation and resources conservation act, the disposal becomes national in scope and concern and necessitate federal action. disposal of solid waste and hazardous waste around the land without careful planning and management will present a

danger to human health and the environment. that is true in 1986 and it is true now. it encourages rather than discourages recycling. implementing environmental and safety controls makes recycling far more attractive and far more likely to occur. 30 years of data on solid and hazardous waste disposal have borne this this out. let's not revisit the wild west past of harsaledous disposal. -- hazardous disposal. i strongly urge my colleagues to oppose the mckinley motion. prevent more kingston ash and dasters. this he will be replicated and it will be our fault. we need to allow e.p.a. to regulate responsibly and to allow the beneficial use of coal ash. with that i yield back my time. thank you, mr. chairman.

the speaker pro tempore: the gentleman's time has expired. and the gentleman from west virginia is recognized. mr. mckinley: mr. speaker, just before i yield two minutes -- three minutes -- two minutes to my colleague from west virginia, i just might suggest with all due respect i think those who are opposing this amendment, mr. speaker, i would encourage them to read the bill. mr. speaker, i yield two minutes to my friend and colleague from the wild, wonderful west virginia. the speaker pro tempore: the gentlelady from west virginia is recognized for two minutes. two minutes. mrs. capito: thank you, mr. speaker. i thank my colleague, mr. mckinley, from west virginia for his solid work on this issue. i want to say to my colleague from california who said this issue is going to hold the transportation conference bill hostage, it's absolutely not a fair statement. i'm on the transportation conference committee. we're working day and night in a bicameral, bipartisan way to

reach a compromise on a jobs bill and this coal ash provision is very important. many americans are unfamiliar with it but 40% is used as a raw material to build roads and bridges. my colleague talks about the hoover dam. we celebrated a 50-year birthday of the construction of the dam in my area. it was built with coal ash. it's an essential and safe material to be used in our infrastructure. according to american road and transportation builders association, if we don't use coal ash in road construction the cost would increase over $100 billion over 20 years. we simply can't afford this. let's be smart about this. we can find a way as the sutton dam and hoover dam has shown us. i think we can find a way to safely reduce the cost of roads and bridges using coal ash. we have unemployment over 8%

for over 30 consecutive months. we need a transportation bill. we need a smart transportation bill that's going to put america back to work and rebuild our infrastructure. mr. mckinley's legislation and this motion takes the right approach by giving the states the authority to deal with this. i hope my fellow conferees will work to ensure this important provision remains in the bill, that we pass the gentleman's motion to instruct. this will not be an obstruction to us, passing the transportation bill, and i look forward to passing that bill on the floor in a bipartisan way. and i yield back. the speaker pro tempore: the gentlelady yields back. the gentleman from california is recognized. mr. waxman: mr. speaker, i'm pleased at this time to yield five minutes to the gentleman from massachusetts, mr. markey. the speaker pro tempore: the gentleman from massachusetts is recognized for five minutes. mr. markey: i thank the gentleman. today marks the summer

solstace, the longest day of the year. instead of spending the daylight hours passing a clean transportation bill that will help shore up real jobs for americans, the congress will be spending the day repealing public health protections and giving away nearly all of our public lands to oil and gas companies and the culmination of the republican majority's oil above all agenda. it is really a midsummer's nightmare for the american people. but before we get to voting on the republican oil package, we get to debate whether another republican bill whose sole premise is to prevent e.p.a. from following the scientific evidence should be included in the transportation bill. this bill says that no matter what e.p.a. learns about the sludge that comes out of coal-fired power plants no

matter how high the concentrations of poisonous arsenic, mercury or chromium, no matter what e.p.a. learns about how these materials find their way into our drinking water, e.p.a. is forbidden to classify or regulate it as hazardous waste. e.p.a. is forbidden to require that this toxic material be disposed of carefully. this bill turns a blind eye to evidence of known hazards and takesus back to the dark ages, to a time before science was valid and before advanced knowledge transformed society. it takes us back to an era when mercury and arsenic, major components of coal ash, were used to cure tooth aches and

clear up your complex. it takes us back to an era where children were sent deep into the bowels of the earth to rip coal from the mines and die early deaths. apparently house republicans not only wish to embrace the principleed energy source of the 19th century, they also wish to return us to the 19th century principles about public health and the environment regarding arsenic and mercury and their danger to the citizens of our country. now, there are good uses for coal ash, beneficial uses. it can be used to construct highways and shingles. that's good. it can be mixed into concrete and grout. that's good. but what we don't want is for the industry to be able to use

it to instruct a golf course like what they did in battlefield, virginia, because it can directly contaminate the groundwater. it can pollute and cause injury and cancers in the neighbors of that golf course. we also don't want it to be disposed of in pits that aren't sealed to handle the special waste like what happened in tennessee when a pit collapsed engulfing an entire small town in toxic sludge. we should have regulations to protect against that ever happening in our country again. this is exactly what this bill, the republican bill, will do. it will blast us back into the past and allow coal ash to be disposed of without proper

construction or monitoring. at the end of this month, transit and highway funding will expire, hundreds of thousands of jobs are at stake and our transportation infrastructure will be in peril. even senate republicans have recognized the dangers inherent in allowing this to occur and have joined with senate democrats to craft a bipartisan bill so we can put people back to work using coal ash in the highways of our country. but in spite of this, the house republicans are insisting that unrelated and unnecessary toxic provisions dangerous to the health and well-being of americans be attached to this bill in order to protect big oil and big coal. instead of allowing the coal industry and republicans to transport our country's environmental and public health standards back to the era of charles dickens, we should be

holding them to higher expectations for the 21st century for the public health and well-being of our people. i urge a no vote on this preposterous republican initiative. the speaker pro tempore: the gentleman's time has expired. the gentleman from west virginia is recognized. mr. mckinley: mr. speaker, i yield three minutes to my colleague, mr. renacci, from the great state of ohio. the speaker pro tempore: the gentleman is recognized. mr. renacci: to classify coal ash as a hazardous material is another example of this administration's continual attack on coal and the affordable domestic energy it generates. the production and use of coal ash has grown into a multibillion-dollar industry, supporting thousands of jobs in my home state of ohio. coal ash is used in more than 75% of the concrete primarily

because of its cost-effectiveness. eliminating it would force concrete producers to use expensive alternatives, driving up the cost of building roads and bridges in america by more than $5 billion a year. that means construction costs won't go as far at a time when our infrastructure is in dire need of repair. in addition, classifying coal ash as a hazardous material will prove extremely costly for kowal-fired power plants. some companies may analyze the cost and find it simply too expensive to continue operating. others may attempt to pass the new costs onto consumers in a form of higher utility costs. either way, the outcome would be devastating for a state like ohio that derives 80% of its electric power from coal. with our economy still struggling, that is the last thing ohio businesses, construction companies and families need right now. despite decades of research and

studies concluding there is no reason to consider coal ash hazardous, many of which the e.p.a. itself carried out, the agency now appears willing to jeopardize thousands of jobs with this inaccurate ruling. it is critical that efforts are taken to prevent the implementation of this regulation and instead allow each state to set up their own coal ash recycling programs following e.p.a.'s regulations. this approach will protect jobs and our economy in my home state and across country. i applaud representative mckinley for his work on this issue and i ask that they keep this version in the final version of the surface transportation bill. i yield back my time. the speaker pro tempore: the gentleman yields back. the gentleman from california. mr. waxman: mr. speaker, i'd now have the pleasure to yield one minute to the gentleman from illinois, mr. quigley. the speaker pro tempore: the gentleman from illinois is

recognized for one minute. mr. quigley: thank you. mr. speaker, today the house will vote on yet another environmental ruinous bill. this moment to instruct surface transportation conferees to retain the language of h.r. 2273 which prohibits the e.p.a. from regulating coal ash. coal ash is the toxic combination of mercury, boron, aluminum, thallium and arsenic. shockingly, people who live around this, have the risk of cancer 2,000 more. allowing the e.p.a. would help avoid disasters like the 2008 spill in tennessee with a dam holding one billion gallons of toxic coal ash spilled. it devastated wildlife, poisoned two rivers and apparently taught us nothing. i urge my colleagues to oppose this latest you attempt to bar

the e.p.a. were saving lives and preserving the environment and i yield back. the speaker pro tempore: the gentleman from west virginia. mr. mckinley: mr. speaker, i yield three minutes of my remaining time to mr. doyle, congressman doyle, from pennsylvania. the speaker pro tempore: the gentleman from pennsylvania is recognized for three minutes. mr. doyle: thank you, mr. speaker. mr. speaker, i rise in support of the gentleman's motion to instruct. coal ash is a serious issue for this country. and especially for pennsylvania. nearly all of my constituents get their power from coal and with that power generation comes its byproduct, coal ash. it's an unavoidable part of our power generation in southwestern pennsylvania. and though the commonwealth of pennsylvania has some of the toughest coal ash disposal standards in the country, i've been convinced that coal ash needs to be federally regulated under the resource conservation and recovery act. however, this motion to instruct does not fully encompass my

position on the issue. though this motion to instruct calls on conferees to assist -- insist upon house language on coal ash, that's not the whole story. in fact, i support the coal ash language in the bipartisan group that senators are working on. i've seen much of the work they've been doing and i can tell you i believe it to be an improvement on what we're doing here in the house. the question is, will the conferees agree to a bill at all and will it include coal ash? my vote in favor of this motion is meant to urge my colleagues to finish the process so we can resolve the coal ash issue in a way that's good for the environment, our constituents and the purposes of recycling these materials. i want to make it clear i do not believe that any coal ash or keystone provisions should be used to hold up the transportation bill conference. above all else, it's essential that this congress does its job and completes the highway bill

conference before the current program expires on june 30. i continue to support the federal regulation of coal ash as a nonhazardous waste. i encourage my colleagues to work quickly towards a bipartisan, bicameral resolution on this issue and i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from california. sorry, the gentleman from west virginia. wax whack mr. speaker, i want to yield at -- mr. waxman: mr. speaker, i want to yield at this time three minutes to the gentleman from rhode island, mr. langevin. the speaker pro tempore: does the gentleman from west virginia seek to yield time? the gentleman from rhode island is recognized. the gentleman from rhode island is recognized for three minutes. without objection. mr. langevin: i thank the gentleman for yielding. mr. speaker, yet another summer building season is well under way without a long-term trngs bill. we are quite frankly down to the wire on the current funding

authorization which expires next sunday. and yet here we are debating the addition of even more non transportation-related measures. congressman mckinley's motion to instruct on cope ash is another example of -- coal ash is another example of delay. the conferees ought to be completing their work on a long-term authorization not saddled with extraneous requirements which pose a threat to public health. with thousands of jobs on hold until congress acts, this delay is unconscionable. now, our state departments of depth transportation gave us early warning that if the congress does not act and did not act on a long-term transportation bill by march 31, the summer building season would be compromised. now, the senate recognized this concern and sent to the house bipartisan legislation known as map 21, a bill which passed the senate with a strong bipartisan support of 74 senators. and yet as we saw march 31, deadline come and go, house

leadership refused to take up the bipartisan senate bill knowing full well that carrying extension into the summer building season would cost jobs and it has. nowhere is our nation's fragile recovery more apparent than in my home state of rhode island. which currently has an unemployment rate of 11%. according to a website, millions of dollars in projects have already been delayed, including a $6.4 million project to carry i-95 over a road in rhode island. ads 1.5 million project -- a $1.5 hello project to provide -- million project. $3.5 million project to resurface state street to broad street and main street in west rhode island. these projects not only improve the infrastructure upon which our businesses and residents rely, they mean real jobs, desperately needed jobs for rhode islanders. map 21 will help rebuild america's economy to a stronger

and more sustainable foundation. it will provide financing for critical highway and transit projects. and support almost two million jobs, 9,000 of them in my home state of rhode island. now, a 90-day extension, mr. speaker, is almost up. it was reluctantly passed back in march with the promise of a long-term measure to follow. a bill which is yet to materialize. now, we, mr. speaker, must let the conferees finish their work work, let the e.p.a. continue to do its job, protecting the public from the risks of coal ash which include cancer, neurological disorders, birth defects and asthma. i urge my colleagues to vote against this industry-driven motion and to vote for moving forward on the path to rebuilding bl our roads, our communities and our economy by bringing the american people a long-term transportation bill. with that i thank the gentleman for yielding and i yield back the balance of my time. the speaker pro tempore: the gentleman from west virginia. mr. mckinley: mr. speaker, i

yield two minutes to my colleague from texas, mr. olson. the speaker pro tempore: the gentleman from texas is recognized for two minutes. mr. olson: thank you, mr. speaker. i rise to support my good friend, mr. mckinley, in his efforts to include the coal residuals management act in the final transportation authorization bill. e.p.a.'s goal, to regulate coal combustion residuals, will have far-reaching and negative impacts on our economy. these e.p.a. rules would severely hamper american energy production, thereby risk our nation's ability to meet the electricity generation we need to grow our economy and get our country back on track, working again. president obama wants to eliminate coal as a source of energy for america. this should come as no surprise to those who have listened to the president's comments when he

was a candidate for office. he spoke from his heart in san francisco in 2008. here's what he said. this is a quote. let me describe my overall policy. what i've said is that we would put a cap and trade system in place that is as aggressive if not more aggressive than anybody else's out there. he then said, so if somebody wants to build a coal-powered plant, they can it's just that it will bankrupt them because they'll be charged a huge sum for all the greenhouse gas that's been emitted. we need common sense at e.p.a. and a president who understands that an all-of-the-above strategy includes american coal. and that is why i'm supporting mr. mckinley's act in the final transportation authorization bill. i urge my colleagues voluntary vote for mr. mckinley's motion to instruct conferees.

i yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the gentleman from massachusetts. mr. markey: could we reserve at this point in time? the speaker pro tempore: the gentleman reserves? the gentleman reserves. the gentleman from west virginia. mr. mckinley: mr. speaker, i yield the next two minutes of my time to my colleague from west virginia, mr. rahall. the speaker pro tempore: the gentleman from west virginia is recognized for two minutes. mr. rahall: thank you, mr. speaker. i thank the gentleman from west virginia for yielding, my good friend, and i commend him for his dogged determination on this issue. his patience and persistence. and i certainly rise in support of this motion to instruct. this gentleman from west virginia was, after all, the democratic floor manager of the house bill which got us into conference with the senate who accepted the amendment offered by mr. mckinley which passed by voice vote on april 18. this amendment, known as the

coal ash provision, is an important provision and i like many others do not want to see it derail the entire transportation bill in its entirety but i think if this body were to follow the instructions of the house, both in this motion and in the previous motion adopted by mr. walz of minnesota which instructed conferees to report back by june 22, then i believe we would have a transportation bill that this nation would benefit from and our american workers would benefit. since 1980 the e.p.a. has struggled to figure out whether coal ash should be regulated under the resource conservation and recovery act and if so in what fashion. as of this date, 32 years later, no e.p.a. regulation is in place. the agency had its shot and now it's time to move on. the provision by the house is aimed at the states bolstering their programs, governing the regulation of coal ash and includes enforcement actions if they fail to do so.

given the nexus between the use of coal ash and the manufacturing of cement and that product's use in our transportation system, it is an appropriate matter to be considered within the scope of the conference of the transportation bill. contrary to some remarks we've heard on the floor today, these motions to instruct do not delay the work of conferees, being a conferee myself i know that the conference continues to meet with proposals going back and forth. we're currently playing ping pong on a lot of these proposals but that's good. it means we're talking and it means the process is going forward and i'm just very optimistic and hopeful that we can reach agreement sooner rather than late sore that america's economy can continue to recover and american workers can go back to work with certainty. thank you, i yield back. the speaker pro tempore: the gentleman's time has expired. the gentleman from massachusetts. mr. markey: may i inquire of the chair how much time is remaining on both sides? the speaker pro tempore: the gentleman from massachusetts has 5 1/2 minutes remaining. the gentleman from west virginia

has nine minutes remaining. mr. markey: could i continue to reserve the balance of my time? the speaker pro tempore: the gentleman from massachusetts continues to reserve. the gentleman from west virginia. mr. mckinley: mr. speaker, i yield two minutes of my time to mr. whitfield from kentucky. the speaker pro tempore: the gentleman from kentucky is recognized for two minutes. mr. whitfield: i rise to support the motion to instruct conferees to the highway transportation bill, to stop e.p.a. from regulating coal ash as a hazardous material. since the formation of e.p.a., e.p.a. has looked periodically at coal ash. most recently they did it in 1993 and 2000, under the clinton administration, and came to the conclusion that coal ash does not warrant being regulated as a hazardous waste. the only difference today and then is that this administration

is determined to put the coal business out of business. and yet america gets about 48% of its electricity from coal. we cannot expect to meet the demands of this nation's electricity needs over the next 20 years without coal. if we -- if e.p.a. is successful in treating coal ash as a hazardous waste, which is quite radical, the federal -- we know that independent analysis has shown that the costs associated with road and bridge building in america will increase by more than $100 billion over a 20-year period. and in america today, to stimulate our economy, to get our goods to market, we need to improve the infrastructure of this country. and at this time in our nation's history, with the economic problems that we have, to try to

increase the cost for construction to meet the vital needs of this country is really unconscionable, particularly when there's been no causal relationship found between coal ash and health problems. i yield back the balance of my time. the speaker pro tempore: the gentleman from california continue to reserve? mr. waxman: yes, we continue to reserve. the speaker pro tempore: the gentleman from california reserves. the gentleman from west virginia. mr. mckinley: mr. speaker, i yield the next two minutes of the time that's remaining to mr. critz of pennsylvania. the speaker pro tempore: the gentleman from pennsylvania is recognized for two minutes. mr. critz: mr. speaker, thank you and thank you to the gentleman from west virginia for yielding. i rise today in support of the mckinley motion to instruct conferees, asking that the bipartisan-supported coal combustion re-residuals program language from h.r. 4348 be retained in the final transportation re-authorization bill. coal ash is a critical -- is of

critical importance as it is contained in the composition of the concrete used in our roads, bridges and other infrastructure. the use of coal ash in transportation has allowed our country to maintain lower costs for infrastructure building. studies have shown that coal ash costs 20% to 50% less than other products on the market today. during a time when our roads are deficient and we need solutions that are cost efficient, coal ash serves as a reliable resource. we need to invest in materials that will allow us the highest return on investment and stretch our highway dollars for needed improvements. in addition to the cost saving that this will provide, this language is also critical to support our environmental and nearly 3 -- environment and nearly 3,000 jobs. i've witnessed the importance of coal ash to many communities in my district and surrounding areas. we have seen a transformation from orange skies and orange skies to an area where beauty has been restored.

i urge my colleagues to include the mckinley language so critical to our nation's economic and infrastructure needs. i yield back my time. the speaker pro tempore: does the gentleman from california continue to reserve? >> i yield myself two minutes. the speaker pro tempore: the gentleman is recognized for two minutes. mr. waxman: the way i understand the argument on the other side, the e.p.a. regulates coal ash and calls it hazardous that will lead construction companies to avoid it as a building material. is that -- if i can address the gentleman from west virginia, mr. mckinley is that an accurate statement, that you're fearful of the designation and the stigma of that designation as ha sardous.

mr. mckinley: are you saying, is there going to be a stigma. mr. waxman: is there a fear that if it is designated as hazard out that -- hazardous that there will be a stigma and it won't be used by construction companies as a building material? mr. mckinley: i believe there is a stigma associated with that pending decision, yes. there is a stigma associated with the misinformation that's been disseminated, correct. mr. waxman: the thing that is so confusing to me is that coal ash is often used as a substitute for concrete, it reduces the cost and reduces greenhouse gas emotions. we don't need to pass legislation to have that happen. i want to point out that portland cement is designated

as hazardous, it's a hazardous chemical under the osha hazards communication rule, it's a hazardous substance under the superfund amendments it's a hazardous substance under federal hazardous substances act and it's hazardous under the canadian hazardous act. but it continues to be used extensively in concrete and transportation programs. i yield myself an additional minute. the speaker pro tempore: the gentleman is recognized. mr. waxman: the e.p.a. is not seeking to call coal ash hazardous, they want to call it a special waste. but even if they called it hazardous, why would it not be used the way portland cement is now used even though that substance is designated as hazardous?

mr. mckinley: if my colleague paid attention to the amendment, the amendment is -- we are try tight lou more time for the conference committee to work rather than debate pros and cons of the environmental aspects of it. we want the committee to continue to work to reach a compromise and i've been told there has been great progress being made on that. but don't stop at this 11th hour. they're close to making it happen. we want to stand beside them and make sure they finish their work on these negotiations. where they are -- mr. waxman: reclaiming my time. i yield myself one additional minute. the speaker pro tempore: the gentleman is recognized for one additional minute. mr. waxman: the reason i ask for more time is, as i understand the mckinley bill, which was adopted by the house, it would prohibit e.p.a. from

regulating coal ash because it would be designated possibly as hazardous and the argument has been that that would be a problem to be used as a substance for concrete and building materials. but i don't believe that to be the case. now i think that the committee with the senate and the house ought to complete its business but i don't think your amendment is needed under any circumstance and that's why i would urge members to vote against this instruction because it is trying to interject in that highway bill something that's really not part of the highway bill, something that on its own should not be adopted in the form of the mckinley bill. if i have any further time, i reserve it. the speaker pro tempore: the gentleman from west virginia. mr. mckinley: mr. speaker, how

much time do i have remaining? the speaker pro tempore: the gentleman has five and a half minutes remain, the gentleman from california has one and a half minutes remaining. mr. mckinley: i yield two minutes to my fellow engineering colleague from the state of texas. the speaker pro tempore: the gentleman from texas is recognized for two minutes. >> i thank the gentleman for yielding. i ask unanimous consent to revise and extend. the speaker pro tempore: without objection, so ordered. mr. barton: i thank the gentleman from arkansas for that. i wasn't planning on speaking on this bill but i was listening in my office to the debate between the proponents and opponents of the bill and felt moved to come over and try to answer some of the questions that the opponents have asked of the bill. e.p.a. is supposed to be a fair referee. they're supposed to, if it's a strike, it's a strike if it's a ball, it's a ball, if he's out, he's out if he's safe, he's safe. but the obama e.p.a. is not a

fair referee. not a fair umpire. the obama e.p.a. has a preconceived, what i consider to be radical environmental agenda and they appear heck-bent to impose it on the american people whether there is a scientific rationale or not. as mr. olson of texas just pointed out, the president as a candidate said that basically he wanted to try to make it impossible to build more coal-fired power plants in america. when he became president, he appointed a regional administrator down in texas, dr. armand daris who said he wanted to put hydraulic fracturing out of business and brought a case against range resources in texas that was thrown out on its face. because of the lack of evidence that there was any of environmental damage caused by hydraulic fracturing in the specific case in parker county.

you had the civil servant at the e.p.a. early in the obama administration when they were considering their endangerment finding, which they had to impose in order to say they could reck late greenhouse gases, they had a career civil servant who sent a detailed 50 or 60-pageage sthoifs endangerment finding and said it was hogwash and he got back emails from within the white house in the higher rankings at the political subdivisions in the e.p.a. that said don't the tell us the facts, with we've made up our mind. this same dr. armand daris made a comment not too many years ago that he wanted to crucify industry. wanted to crucify, wanted to crucify, he has since resigned because of those comments. so those of us that support the

mckinley amendment or mckinley bill do so because we don't think the current e.p.a. is fair. sometimes we have to tell the e.p.a. what to do because they seem to be incapable of applying basic scientific methods, scientific principles. they want to impose a radical environmental agenda, apparently, and some of us don't think that's right and we don't think it's good for the american people, the american economy. so i strongly support what my good friend from west virginia is doing because it at least makes it possible for a source that for years and years and decades has been used without any problem at all to continue to be used and i think that's a good thing so i rise in support, i thank the gentleman for the time and i hope the house will adopt his motion to instruct confer quees. the speaker pro tempore: the gentleman from california. mr. waxman: mr. speaker, my

colleagues, the gentleman from texas said he was so moved to come here to correct the record and he told us three things that are absolutely inaccurate. the president has never said he doesn't want to build new power plants in this country. it is not true. the gentleman from texas who worked for the e.p.a. never said that this administration, or that he personally was against hydraulic fracturing. it's not true. and the analysis of the endangerment finding by the bush administration was signed off not just by a career dip la mat, career civil servant but by the head of the e.p.a. appointed by president bush. when you get these wrong statements in your head, you can dream up a reason to be paranoid about the e.p.a. e.p.a. wants to protect the public health and safety in regulating coal ash that in doing so they will not prevent coal ash from being used for

other purposes. and i would urge that we defeat this motion to instruct and i yield back whatever seconds i have left. the speaker pro tempore: the gentleman yields back. the gentleman from west virginia. mr. mckinley: mr. speaker, i request the right to close. i don't know whether he has any more time. the speaker pro tempore: the gentleman from california yielded back his time. the gentleman is recognized. for two and a half minutes. mr. mckinley: mr. speaker, it's fairly obvious that a lot of the folks that have been speaking on the other side of this issue have not read the bill and don't understand what's included in the provision but perhaps reading the bill, reading the amendment would have given them greater insight as to the role of the e.p.a. because we are, by virtue of this amendment, we are giving them great insight, great involvement in the proper disposal of the amount that's

not recycled. it comes down to an issue being very clear. our opponents are just opposed to the coal industry. they're opposed to the men and women working in our coal industry. they're opposed to the 700-plus coal-fired electric utilities. they're opposed to keeping utility costs low. there is a war on coal, mr. speaker. and it's time we said to the -- stood up for the coal workers in the united states and for the men and women and consumers that use electricity at low cost. now let's go look at what the department of interior said if coal ash is designated a hazardous waste, as is being considered, it will no longer be used in concrete. that's from the department of the interior. they also said that fly ash costs approximately 20% to 50%

less than the coves cement. department of interior. department of transportation, fly ash is a valuable byproduct used in highway construction, a vital component of concrete and a number of other infrastructure uses. mr. speaker, i ask all my colleagues to join me today in supporting this motion to instruct the conferees to continue discussing this bipartisan negotiation on this part of the highway bill and ask the senators to do the same. let's maximize the use of all the money we have available to build more roads, rebuild more bridges, do more infrastructure, but most importantly, put america back to work. i encourage my colleagues to vote for this motion to instruct and i yield back the balance of my time. the speaker pro tempore: the gentleman yields back his time. without objection the previous question is ordered. the question is on the motion. those in favor say aye. those opposed, no.

in the opinion of the chair, the ayes have it. the motion is adopted. without objection, the motion to reconsider -- mr. waxman: i demand the yeas and nays. the speaker pro tempore: those favoring a vote by the yeas and nays will rise. the yeas and nays are ordered. pursuant to clause 8 of rule 20, further proceedings on the question will be postponed. the speaker pro tempore: the gentleman from west virginia. mr. mckinley: mr. speaker, i ask unanimous consent that all members may have five legislative days in which to revise and extend their remarks and include extraneous materials on my motion to instruct conferees on h.r. 4348. the speaker pro tempore: without objection. so ordered.

the speaker pro tempore: for what purpose does the gentleman from michigan rise? mr. upton: i would ask unanimous consent that all members may have five legislative days to revise and extend their remarks on the legislation and to insert extraneous material on h.r. 4480. the speaker pro tempore: without objection. pursuant to house resolution 691

and rule 18, the chair declares the house in the committee of the whole house on the state of the union for the consideration of h.r. 4480. the chair appoints the gentleman from arkansas, mr. womack, to preside over the committee of the whole. the chair: the house is in the committee of the whole house on the state of the union for consideration of h.r. 4480 which the clerk will report by title. the clerk: a bill to provide for the development of a plan to increase oil and gas exploration , under the jurisdiction of the secretary of agriculture, the secretary of energy, the secretary of the interior and the secretary of defense and responds to a drawdown of petroleum reserves from the strategic petroleum reserve. the chair: pursuant to the rule, the bill is considered read the first time. general debate shall be confined to the bill and shall not exceed two hours equally divided and controlled by the chair and ranking minority member of the

committee on energy and commerce and the chair and ranking minority member of the committee on natural resources. the gentleman from michigan, mr. upton, the gentleman from california, mr. waxman, the gentleman from washington, mr. hastings, and the gentleman from massachusetts, mr. markey, each will control 30 minutes. the chair recognizes the gentleman from michigan, mr. upton. mr. upton: thank you, mr. chairman. i would yield myself such time as i may consume. the chair: the gentleman is recognized. mr. upton: mr. chairman, the price of gas and the unemployment rate both remain way too high. and american families are struggling as a result. that's why i support h.r. 4480, the domestic energy and jobs act and i would urge my colleagues to do the same. this bill is truly a win-win. the steps that it takes to expand supplies in affordable domestic energy will create many jobs in the process. it's no secret that i don't see eye-to-eye with president obama on energy policy but perhaps the most inexplicable energy policy movement the administration has made was the june, 2011,

decision to withdraw 30 million barrels of oil from the strategic petroleum reserve with no plan to replace it. and it is hard to understand why the president would take oil from the nation's emergency stockpile while at the same time keeping off limits the far greater amounts beneath federally controlled lands and offshore areas. it's like a couple pawning their wedding rings for cash while ignoring a major gold discovery in their own backyard. the amount of untapped oil in areas kept out of reach by this administration is estimated to exceed the entire strategic petroleum reserve dozens of times over. and these estimates are not mere speculation. indeed the recent increases in oil production on state and privately owned lands demonstrate the tremendous energy development potential on federal lands. but that potential will only be realized if the administration's road blocks are removed. title 1 of this bill does that.

it requires that the next time the president withdraws oil from the strategic petroleum reserve he must also commit to more oil leasing on federal lands in offshore areas. the result would be greater supplies of domestic oil and lower prices, not to mention thousands of new energy industry jobs. gaining access to untapped oil reserves is part of the equation, but before that oil can reach consumers at the pump it has to be refined into gasoline and diesel fuel. title 2 of this bill will help american refibers so they can keep fueling our economy. and fueling the country. because what refiners really need is a little common sense. a little regulatory certainty. it would be an understatement to say that the -- that this administration's regulators have not been friendly to domestic oil production and the truth is they have been no better to the refibers who produced the fuels that we use -- refibers who

produced the fuels that we used. regs are likely to drive up the price at the pump and jeopardize refiner sector jobs. title 2 requires that we learn about the combenses -- consequences before imposing additional red tape. it sets up an interagency committee that will analyze the cumulative effects of several upcoming e.p.a. rigs on fuel prices as well as jobs. it also defers the finalization of three measures until after the analysis is completed. the good news is that a future of chronically high gas prices is not inevitable. these policies that i've discussed in numerous other provisions in the legislation will in fact move us toward more secure, more affordable american energy and the jobs that go with it. the nation kin crease domestic energy supplies, lower future prices at the pump, and create many more jobs. this legislation takes the steps to usher in the brighter future. i urge my colleagues to join

with me in supporting it and i reserve the balance of my time. the chair: the gentleman reserves the balance of his time. the gentleman from california. mr. waxman: mr. speaker, i yield myself four minutes. the chair: the gentleman is recognized for four minutes. mr. waxman: throughout this congress house republicans have made an all-out assault on our nation's most basic public health and environmental protections. and they've blocked any effort to address climate change, move toward clean energy or promote energy efficiency. on monday congressman markey and i released a report that documents this assault. it confirms this is the most anti-environment house in the history of congress. over the last 18 months, the house has voted 247 times to undermine protection of the environment. that's almost one out of every five votes taken in the house. the oil and gas industry has benefited more than any other

sector from these anti-environment votes. since the beginning of 2011, the house has voted 109 times for policies that would advance the interests of the oil and gas industry at the expense of the environment, public health and the taxpayer. the result is a grave and growing peril to our environment , to public health and to our economy. the massive wildfires, floods, droughts that have been afflicting our country are a hashinger of what is to come. americans know this. as "the washington post" reported this morning, the vast majority of americans believe our environment is deteriorating and they know that unchecked pollution from oil refineries and other industrial sources is making the problem worse. yet what are we doing today? today's bill is one more massive giveaway and it is one more

assault on the environment. this bill contains two proposals reported by the energy and commerce committee. one would block standards for oil companies to clean up their pollution. the other seeks to bypass existing leasing programs in order to pry open every possible acre of federal land for oil drilling. this legislation has been promoted as a solution to high gasoline prices. but this bill is a trojan horse. this bill would not lower prices by one penny. this bill doesn't protect consumers. it hurts them. the bill will keep dirty gasoline on the market, allow oil refineries to spew toxic emissions and forestall action to address climate change. tucked inside this legislation is the latta amendment. the language of this amendment

cuts the heart out of the clean air act, radically changing the way air quality standards are set. rather than basing smog standards on what is healthy for our children to breathe, this bill would require standards to be based on what industry says it will cost to reduce pollution. this radical proposal will undermine decades of progress on cleaning up the air. the bill will also cost jobs. the regulations blocked by this bill would create tens of thousands of jobs, installing pollution controls and modernizing oil refineries. in addition this bill will make it harder for the president to tap the strategic petroleum reserve during emergencies. by layering on new bureaucratic requirements to force drilling across a vast expanse of public land. this bill may be good for the oil companies, it may be good for the special interests, but

it is a disaster for the american people. the republican energy policy isn't an all-of-the-above policy, it's oil-above-all. i reserve the balance of my time. the chair: the gentleman reserves the balance of his time. the gentleman from michigan. mr. upton: mr. speaker, i would ask unanimous consent to put two letters in from chairman mckeon and chairman lucas, into the record at this point. the chair: the gentleman's request is covered by general leave. mr. upton: thank you. and i would yield two minutes to the chairman of the energy and power subcommittee, mr. which it'sfield. the chair: the gentleman from kentucky is recognized for two minutes. mr. whitfield: i rise today to support the domestic energy and jobs act for a number of reasons. first of all, it would inken -- encourage more production of energy in the united states. two, it would lower energy costs. three, it will create additional jobs for the american people. and four, just as important, it would keep america more competitive in the global

marketplace. we live in a global economy and our ability to have cheap, affordable and abundant energy is absolutely necessary if we're going to compete with countries around the world. so that's what this legislation is designed to do. all of us have a responsibility to the environment. but we genuinely believe, after hearing after hearing after hearing after hearing, having people who create jobs come in and talk about the additional costs they're incurring because of this overly aggressive e.p.a. , headed up by administrator lisa jackson, i would also say that one portion of this bill i think is a very commonsense approach. while it would not immediately lower gasoline prices, it does ask the president to establish an interagency task force to examine the impact on jobs,

prices, competitiveness of three regulations that the e.p.a. has initiated. they haven't finalized it, they haven't decided they're going to finalize it. but they have started the first steps. and so we ask this agency to look, what is the impact on fuel prices with these regulations if they are adopted? and to report back to congress and to not finalize any of these rules until at least six months after they report back to congress. it seems to me a commonsense approach. we have a responsibility to the american people to have some idea of the impact of these regulations on the economy. and i think my time has expired. so thank you. the chair: the gentleman's time has expired. the gentleman from california. mr. waxman: mr. speaker, at this time i want to yield five minutes to the ranking member of the energy subcommittee, mr. rush, and i'd like to ask unanimous consent that mr. rush

be permitted to control the rest of the time for our side of the aisle. on the general debate. the chair: the gentleman from illinois is recognized for five minutes. mr. rush: mr. speaker, since the beginning of the 112th congress, we have held over 30 energy and power subcommittee and joint subcommittee hearings. we have held over a dozen subcommittee and full committee markups. and including h.r. 4480 which we will vote on today. we have had 10 bills that originated from the energy and power subcommittee, that have been voted on by the full house.

yet, mr. speaker, from all that time and all that effort, the energy and power subcommittee has produced exactly one substantive bill. let me repeat. only one substantive, significant bill, the pipeline safety re-authorization act. only one that has actually become law. mr. speaker, instead of focusing our efforts on trying to create the clean energy jobs of the 21st century, the majority party has spent the past 18 months allowing partisan attacks, lobbying partisan attacks

against the e.p.a. and the clean air act, in order to appease big oil and some of the more extreme constituencies that the republican party represents. mr. speaker, most americans would like to see us utilizing our time, working in a bipartisan manner to address critical issues such as access to jobs, clean air and clean water, less dependence on foreign oil, enhance energy fshtsy measures and increase reliance on the cleaner and renewable resources of the future. yet here we are again, debating yet another bill that will contain the concentrated effort by the majority party to loosen the authority of this -- weaken the authority of the e.p.a. and

delegitimize the agency's regulations as, i quote, job killers, end of quote. mr. speaker, with just a little over 20 days remaining before the august recess, we should be focusing our limited time on legislation that would create jobs and move america forward toward a smarter energy future that is less vulnerable to the whims of the world oil markets. however, nothing in this bill accomplishes that. the most offensive provision of this bill would fundamentally change the cornerstone of public health law, the public -- clean air act and i ask my colleagues why, to what end? this bill will not create any jobs but would rather block e.p.a. rules that make -- and

would block rules that protect clean air. it blocks from preventing new refineries from polluting and politics the agency from updating the standards on ozone to reflect how much ozone can be affected without serious problems to health. h.r. 4480 isn't really about jobs or lowering gasoline prices. it is about an excuse to push a profoundly anti-environmental agenda and provide oil companies with more items from

their election-year wish list. i oppose this bill because it would strike at the heart of the clean air act and would not provide any tangible benefits to the american people. i urge all my colleagues to oppose it as well. i thank you and i reserve the balance of my time. the chair: the gentleman reserves. the gentleman from michigan. >> i yield two minutes to mr. pompeii owe and ask that at the end of his two minute the balance of my time be controlled by mr. gardner. the speaker pro tempore: without objection, the request is branded. the gentleman from kansas is recognized for two minutes. mr. pompeo: the legislation we will vote on has three simple missions, the first is to lower and create affordable energy

for folks across america and the second is to create the jobs that go with it and finally to begin to put american energy policy back on a common sense standard that allows affordable nrnl to be produced here in america, by americans, for americans. we have seen in these discussions, these debates, that there are opposing views on how to do this. the first is the view of folks on the other side who think if we just had one more rule, one more set of regulations, another subsidy, another handout from the taxpayers, we could find that next great affordable energy source. we've seen how that worked. we've got gasoline at $3.50 a gallon, we've got folks across the country asking for rate increases. there's another way to go about it, to let the market respond to price signals, to get the federal government out of the way, reduce regulations across the board while making sure we have clean air and water. these can be accomplished.

we have to make sure consumers have access to affordable american energy. we've got tremendous opportunities here in america, right in kansas' fourth congressional district, all over south central kansas, an enormous new oil plot, creating affordable new energy. and if we tap this important american resource, the s.p.r., strategic petroleum reserve, we have to make sure we replenish it. this is one of the most consumer-friendly pieces of legislation to reach the house floor in a long time and i urge my colleagues to support this legislation. i yield back the balance of my time. the chair: the gentleman yields back. the gentleman from illinois. mr. rush: i want to yield four minutes to my friend from my home state, many schakowsky. the chair: the gentlelady is

recognized for four minutes. ms. schakowsky: i thank the gentleman for yielding and i appreciate his leadership on the energy subcommittee. as a member on the full energy and commerce subcommittee -- committee, i'm ashamed that the house is considering legislation to put decisions in the hands of the oil industry. title 2 of h.r. 4480 eliminates a core principle of the clean air act with respect to smog. for over 40 years, the environmental protection agency has set health-based air quality standards using scientific and medical evidence to identify the maximum safe levels of air pollution for human beings to breathe. tite 28 would do away with that precedent by requiring that the cost to industry be the primary consideration in determining healthy emotion stan cards. -- standards. yes. if this legislation passes, health-based decisions will play second fiddle to dollar

considerations for the first time. over the years, our air has become cleaner and safer because industry has had to comply with more stringent standards. lead is no longer poisoning our children from the pump. there are fewer kids with asthma due to gas pollutants. and oil companies rather than suffering are now making record profits. we don't have to pass that for the oil companies, the five largest made $173 billion in profit last year and $33.5 billion in the first quarter of 2012. i hope -- our health decisions should be made by health experts, not our worst polluters. h r. 4480 continues the policy of the 112th congress. if the oil industry asks, the oil industry gets. no matter the impact on american families. title 2 sets up a new

interagency bureaucracy to conduct an impossible study of the alleged economic impact of several e.p.a. rules to reduce pollution from refineries and fuels which haven't even been proposed, using day that -- data that doesn't exist. it blocks air quality protections that the oil industry would prefer go away. tite 28 does nothing to protect the consumer from price spikes at the pump or to reduce our country's dependence on oil. instead, it is a giveaway to the oil industry under the false pretense of lowering gasoline prices. the oil industry doesn't want to reduce the amount of toxic air pollution spewing from its refineries. the oil industry doesn't want to produce cleaner burning gasoline. the oil industry would rather not construct new refineries that are more efficient and less damaging to the world's climate. oil industry executives would prefer to pocket all their

billions in annual profits rather than invest any of it in modern, less polluting technology. i offered an amendment yesterday that would have simply said that the unnecessary and impossible study required under title 2 would be paid for by the one industry that most stands to gain from its implementation, big oil my amendment was not made in order. the american people deserve better than this. they deserve clean air and clean water. they deserve more than a few months of a transportation bill. they deserve a jobs package that will put millions to work, including teachers and construction workers and firefighters and police officers. they deserve affordable student loan rates. instead, the republicans of this house have elected to carve out additional privileges for big oil. i yield back. the chair: the gentlelady yields back. the gentleman from colorado. mr. gardner: i yield one minute to the gentlelady from kansas, ms. jenkins. the chair: the gentlelady is

recognized for one minute. ms. jenkins: as a member of the house energy action committee and a representative from an energy state, i come to the floor today to support an all-of-the-above energy bill and an all-of-the-above jobs bill. i know firsthand the tremendous economic growth and job creation that comes from unlocking american-made energy. my state of kansas is undergoing an energy boom. farmers are making money, tractor dealerships are selling new tractors and families are paying off loans. even church contributions have benefited. sadly, this american success story has been attacked by the current administration's repeated rejection of policies that would increase domestic energy production and create thousands of high-paying american jobs. this important legislation strengthens our energy security, it removes the bureaucratic red tape hindering american energy production and it creates american jobs. simply, we cannot afford to

delay action that would create thousands of jobs. i urge passage of this legislation. i yield back. the chair: the gentleman from illinois. mr. rush: mr. speaker, i yield five minutes to a member of the subcommittee and a distinguished member of the full committee, i yield four minutes. the speaker pro tempore: the gentleman from pennsylvania is recognized for four minutes. >> i rise in opposition to this bill. mr. doyle: the way this bill purports to create an all-of of this the-above strategy is by halting regulations, opening wide swaths of land to oil and gas trilling and gutting the clean air act. it's clear this is not a true effort to develop an all-of-the-above strategy but instead a narrow-minded approach to oil and gas

development at any cost. republicans continue to crit sides president obama and con gregs -- and congressional democrats for opposing efforts to increase u.s. domestic oil production but the facts disprove this notion. the president hasn't agreed with every proposal to increase drilling in the united states but he has taken action to open up substantial new public lands and oastoast -- and coastal waters to development. today, roughly 75% of u.s. oil reserves have been leased out for oil drillers. in fact, domestic oil production is at an eight-year high and the production of natural gas plant lick wades, liquefied petroleum gases used for fuel, is currently at an all-time high of more than two million barrels per day. all told, the u.s. energy information agency estimates that u.s. petroleum production

in 2012 will average more than eight million barrels per day. the number of oil rigs in the united states has quadrupled under president obama. at the same time, petroleum consumption in the united states has dropped by more than two million barrels per day since its all-time peak in 2006. now, since domestic oil production is up and petroleum consumption is down, u.s. oil imports are at a 17-year low. in fact, the united states is importing 10%less oil than it was eight years ago. now, one might reasonably conclude that since the united states is producing more oil and consuming less, oil and gas prices would be going down. but that's not happening. oil and gas prices are going up. how can that be? oil prices and consequently gas prices are rising because, while oil con sums may be lower

in the united states, global demand for oil is in fact rising. rest assured, this bill does nothing to address the real problem of high gas prices and it does nothing to develop a real all-of-the-above energy strategy for the united states this bill is going nowhere in the senate and it's a true disappointment as this congress' effort to address high gas prices and expanded energy portfolio. i urge my colleagues to reject this bill and i yield back my time. the chair: the gentleman yields back. the gentleman from colorado. mr. gardner: i'd like to yield two minutes to the gentleman from louisiana, mr. scalise. the chair: the gentleman is recognized for two minutes. mr. scalise: thank you, mr. chairman, i thank the gentleman from colorado for his leadership for bringing this legislation to put a good energy spoil in place in this country which we do not have today under president obama. if you look at components of the bill, the strategic