4:31 PM EDT

Lee Terry, R-NE 2nd

Mr. TERRY. I tried to make the case that this is basically reiterating already current duties and responsibilities of the Corps but stressing that they need to look specifically at what caused this devastating flood.

I have to admit that you're probably going to rule that this is legislating, but I have got to tell you I'm extremely disappointed. If we had somebody in the Missouri Valley on the Appropriations Committee, they could have done something similar to this in committee, but yet when somebody from outside the committee comes here at the right opportunity, then somehow it's out of order.

I just don't know how I go back to my constituents and tell them that the leadership in the House has raised an objection to this study. So I'm disappointed for my constituents. I'm disappointed, frankly, in the fact that something like this that's so necessary and obvious wasn't accepted.

The Acting CHAIR. Does any other Member wish to speak to the gentleman's point of order?

If not, the Chair is prepared to rule.

The Chair finds that this amendment imposes new duties on the Army Corps of Engineers.

The amendment therefore constitutes legislation in violation of clause 2 of rule XXI.

The point of order is sustained and the amendment is not in order.

AMENDMENT OFFERED BY MR.

MCINTYRE

4:33 PM EDT

Mike McIntyre, D-NC 7th

Mr. McINTYRE. Madam Chairman, under the Water Resources Development Act, which we know as WRDA, of 1986, Congress authorized most coastal and shoreline protection and beach restoration projects to be periodically nourished according to a cost-sharing agreement between the Federal Government and a local sponsor, usually a municipality, for a period of up to 50 years from the starting date of the initial construction of the project.

Several of these projects are rapidly approaching the end of that first 50-year period of Federal participation. Currently, there is no language in place to provide a process for the reauthorization of these projects.

In order for the Federal Government to remain a continuing partner to protect the people, the infrastructure, the economy, and the environment of our Nation's coastal communities, Congress must give the Army Corps of Engineers the authority to assess continued Federal participation in expiring beach and coastal projects prior to the end of their original authorizations in order to prevent interruptions to Federal renourishment efforts.

This authority would ensure that communities' shorelines will remain safe and economically viable for years to come by letting the Army Corps and the local communities help determine whether or not to continue a shore protection project based on science, on local support, and the standards that the Corps uses for determining whether there should be continued Federal fiscal participation and whether it is warranted.

These projects are of national and regional significance. Coastal storm damage reduction projects not only support regional economies and, indeed, the national economy, but they provide critical protection against hurricanes and, as we now are in hurricane season, realize the seriousness of this and other dangerous storms.

Federal participation in these projects is determined based on a benefit-cost analysis, meaning that these projects go through a significant study in order to determine that they are merited and that it is in the Federal Government's financial interest to continue to participate in these projects.

However, let's be clear that this amendment would not cut Congress out of the loop, because Congress would always have the final say on final approval of reauthorizing these projects. Any approval for a construction phase would still have to be approved by Congress. So it only makes sense to allow these projects to proceed without interruption.

Madam Chairman, I yield back the balance of my time.

POINT OF ORDER

4:35 PM EDT

Rodney Frelinghuysen, R-NJ 11th

Mr. FRELINGHUYSEN. Madam Chairman, I must oppose the amendment as authorizing on an appropriations bill.

I share the gentleman's support for the Corps of Engineers' participation in beach replenishment projects that provide protection from coastal storms for individuals and businesses. Coming from a State with 137 miles of shoreline, I too understand the importance of these projects to local, regional, and our national economy.

The amendment offered, however, would add authorizing language to the Energy and Water bill; therefore, it is subject to a point of order.

So while I am sympathetic to the gentleman's intent, I must oppose the amendment and insist on my point of order. [Page: H4817]

The Acting CHAIR. Does any other Member wish to speak to the point of order?

If not, the Chair is prepared to rule.

The Chair finds that the amendment proposes directly to change existing law.

As such, it constitutes legislation in violation of clause 2(c) of rule XXI.

The point of order is sustained.

4:36 PM EDT

Rodney Frelinghuysen, R-NJ 11th

Mr. FRELINGHUYSEN. Madam Chairman, I must oppose the amendment as authorizing on an appropriations bill.

I share the gentleman's support for the Corps of Engineers' participation in beach replenishment projects that provide protection from coastal storms for individuals and businesses. Coming from a State with 137 miles of shoreline, I too understand the importance of these projects to local, regional, and our national economy.

The amendment offered, however, would add authorizing language to the Energy and Water bill; therefore, it is subject to a point of order.

So while I am sympathetic to the gentleman's intent, I must oppose the amendment and insist on my point of order. [Page: H4817]

The Acting CHAIR. Does any other Member wish to speak to the point of order?

If not, the Chair is prepared to rule.

The Chair finds that the amendment proposes directly to change existing law.

As such, it constitutes legislation in violation of clause 2(c) of rule XXI.

The point of order is sustained.

4:36 PM EDT

Marcy Kaptur, D-OH 9th

Ms. KAPTUR. Members and Madam Chairman, I am having help from the pager placing this chart up here. It shows how much petroleum America imports--the red line--and overall how much petroleum we use. Energy-wise, America is a totally dependent Nation.

I offer this amendment to help restore the energy security, economic security, and environmental security of our Nation. Nothing could be more vital.

My amendment takes a small step by shifting a very small amount of funds, $10 million, from the administrative costs within the Department of Energy to help restore funds to solar energy research and development within the Energy Efficiency and Renewable Energy Program.

Sadly, the base bill jeopardizes America's new energy future. It cuts research in solar energy by more than one-third from last year, and over 60 percent from the President's request, providing $166 million for 2012, but that's $97 million below fiscal year 2011 and $291 million below the President's request.

The $10 million in reprogramming represents less than 5 percent of the $220 million administrative budget of the Department of Energy. If the Department of Energy made their buildings more energy efficient, we could shift the funds into research on new technologies.

For months I have been hearing from constituents outraged about the high price of gas and energy in our country. And once again the recent job statistics from the Department of Labor tell us very clearly that every time you have an oil price hike, you have rising unemployment. You can go back 40 years. Every time it goes over $4 a gallon, we get a spike in unemployment. It's not rocket science.

As it stands, this bill reinforces our dependence on foreign oil. By contrast, my amendment focuses on a new energy future for America by shifting a modest amount of funds for solar energy to provide American consumers with the new energy choices that they want.

Our priorities in this bill must be aligned with the needs of our Nation for tomorrow, not yesterday. America shouldn't be held hostage by future energy price spikes. We must promote sustainable environmental stewardship while creating jobs right here in our country.

[Time: 16:40]

We need to address budgetary realities, and this bill does it. And there are accounts we have cut. But investments in new energy sources to displace imported oil are not the place to cut, not when America is this dependent. Research investments in solar technology have helped create numerous new companies, creating thousands of high quality jobs already with domestically produced energy. We are at the dawn of a new energy age, and we can't lose edge now. Solar companies already employ over 90,000

American workers and are expected to grow in both sales and jobs. But that depends on new research. And many of the fledgling companies can't afford to do that.

Last week, Isofoton, a Spanish solar panel manufacturer, announced plans to open a new plant in Napoleon, Ohio, that will create more than 300 jobs. Global firms know that particularly northern Ohio has made renewable energy a priority, and the investment is following. Congress simply must focus on a new energy future for our Nation and not let inertia and the habits of the past thwart progress.

Overall, the U.S. economy is anticipated to increase jobs by 2 percent next year. But guess what? In the solar industry, the number of new jobs is expected to increase 26 percent, according to Cornell University's 2010 solar job census. Those are the kind of jobs that America wants. And a recent Ernst and Young report predicts the cost of solar to decrease by as much as half, creating a strong solar option for American consumers and providing solar companies with the opportunity to expand.

Investors know where to put their dollars, and our Nation knows--or we should know--that this is an emerging industry, and cutting edge research is fundamental to progress. The race to be the energy provider of the future is this generation's space race. And basic research is critical. It is fundamental. It is the fundamental ingredient to build that new future for our people. America has never shirked a major challenge. And we have a real finish line to go across as competitors are fierce, from

China, from Germany, from Japan.

New technology will provide a new power future for us, and we must position ourselves not to be second, not to be third, but to be the global leader and to create those good jobs here at home. So my amendment sets a course to keep the keel more steady as we advance energy security, economic security, and the environmental security of our Nation while promoting jobs here at home through new energy independence and innovation.

I urge my colleagues to vote in favor of the Kaptur amendment.

I yield back the balance of my time.

The Acting CHAIR. The Clerk will read.