69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–530 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5351) TO AMEND THE 

INTERNAL REVENUE CODE OF 1986 TO PROVIDE TAX INCENTIVES FOR 

THE PRODUCTION OF RENEWABLE ENERGY AND ENERGY CONSERVATION 

FEBRUARY 26, 2008.—Referred to the House Calendar and ordered to be printed 

Ms. MATSUI, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1001] 

The Committee on Rules, having had under consideration House 

Resolution 1001, by a non-record vote, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 5351, the ‘‘Renewable Energy and Energy Conservation Tax Act of 2008,’’ under 

a structured rule. The resolution provides ninety minutes of debate 

equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means. 

The resolution waives all points of order against consideration of 

the bill except those arising under clause 9 or 10 of rule XXI. The 

resolution provides that the bill shall be considered as read. The 

resolution waives all points of order against provisions of the bill. 

This waiver does not affect the point of order available under 

clause 9 of rule XXI (regarding earmark disclosure). 

The resolution makes in order an amendment in the nature of 

a substitute printed in the Congressional Record if offered by Rep. 

McCrery or his designee. The resolution waives all points of order 

against the amendment in the nature of a substitute except those 

arising under clause 7 of rule XVI or clause 9 or 10 of rule XXI. 

The resolution provides that the amendment in the nature of a 

substitute shall be considered as read and separately debatable for 

one hour equally divided and controlled by the proponent and an 

opponent. 

The resolution provides one motion to recommit the bill with or 

without instructions. Notwithstanding the operation of the previous 

question, the Chair may postpone further consideration until a 


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time designated by the Speaker. Finally, the resolution provides 

that H. Res. 983 shall be laid on the table. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

(except those arising under clause 9 or 10 of rule XXI) includes a 

waiver of section 303 of the Congressional Budget Act (prohibiting 

consideration of legislation providing new budget authority, change 

in revenues, change in public debt, new entitlement authority, or 

new credit authority for a fiscal year until the budget resolution for 

that year has been agreed to) and section 311 of the Congressional 

Budget Act (prohibiting consideration of legislation that would 

cause new budget authority or outlays to exceed or revenue to fall 

below the levels set forth in the budget resolution). The Committee 

is not aware of any points of order against provisions of the bill. 

The waiver of all points of order against provisions of the bill is 

prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 436 

Date: February 26, 2008. 

Measure: H.R. 5351. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment in the nature of a substitute by Rep. 

Smith (TX), #5, which would offer H.R. 3773 as passed by the Senate on February 12, 2008, a substitute to H.R. 5351. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Hastings (WA)—Yea; Sessions—Yea; Slaughter—Nay. 

Rules Committee record vote No. 437 

Date: February 26, 2008. 

Measure: H.R. 5351. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment offered by Rep. Bilbray (CA), #2, which 

would remove the 51 cent volumetric ethanol excise tax credit for 

‘‘corn based’’ ethanol; and an amendment offered by Rep. Bilbray 

(CA), #3, which would suspend the volumetric excise tax credit for 

corn based alcohol until the study outlined in section 402 (comprehensive study of biofuels) is completed. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Hastings (WA)—Yea; Sessions—Yea; Slaughter—Nay. 

Rules Committee record vote No. 438 

Date: February 26, 2008. 

Measure: H.R. 5351. 


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Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment in the nature of a substitute offered by 

Rep. English (PA), #6, which extends energy tax credits. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Hastings (WA)—Yea; Sessions—Yea; Slaughter—Nay. 

Rules Committee record vote No. 439 

Date: February 26, 2008. 

Measure: H.R. 5351. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Burgess (TX), #4, which would 

allow the tax benefits limited by section 301 of the bill (limitation 

on deduction for income attributable to domestic production of oil, 

gas, or primary products thereof) to be reinstated if the Secretary 

of the Treasury certifies that (1) gas prices have increased by 5% 

or more as a result of the amendments made by the Act or (2) the 

investment assets of pension funds have declined 5% or more in 

value as a result of the amendments made by the Act. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Hastings (WA)—Yea; Sessions—Yea; Slaughter—Nay. 

Rules Committee record vote No. 440 

Date: February 26, 2008. 

Measure: H.R. 5351. 

Motion by: Mr. Sessions. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Brady (TX), #8, which would 

strike section 301 of the bill (limitation on deduction for income attributable to domestic production of oil, gas, or primary products 

thereof). 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Dreier—Yea; Hastings (WA)—Yea; Sessions—Yea; Slaughter—Nay. 

Æ 


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