Providing for Consideration of H.R. 4614, Energy and Water Development Appropriations Act, 2005

PROVIDING FOR CONSIDERATION OF H.R. 4614, ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005 -- (House of Representatives - June 25, 2004)

Mr. SESSIONS. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 694 and ask for its immediate consideration.

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Ms. LOFGREN. Mr. Speaker, the sad tale of our energy rip-off in the western United States is really before us today.
We started out reacting in a bipartisan way, but, in reviewing the history, I note that after House Republicans met with the Vice President on May 1, 2001, that bipartisan effort did stall.

We have tried for 4 years to get results. In June, 2001, the California delegation asked for amendments to H.R. 2246; and the Committee on Rules refused to allow those amendments which would provide a refund for unjust and unreasonable rates.

In July, 2001, amendments were offered in the markup in the Committee on Energy and Commerce; and Republicans refused to allow the requirement of refunds in overcharges.

In August of 2001, the Committee on Rules refused to make in order an amendment to require refunds of overcharges.

In June of 2002, the GAO report indicated that the FERC was really not doing the job, but Congress and the administration did nothing about it.

In April, 2003, the effort was made again through H.R. 6 to refund all unjust and unreasonable charges, but, again, we were blocked in that effort.

Finally, in May, 2004, Californians, including the attorney general, the chief law enforcement officer of the State of California, filed a lawsuit to try and get the law followed.

Now, what is the problem here? We had energy manipulation. We had a theft. California was a crime victim. When there was a fire, they were quoted as saying, "burn, baby, burn, that is a beautiful thing," the trader said about the massive fire; and they also said he is just F-ing California, meaning he steals money from California to the tune of about a million.

Mr. Speaker, we need to do something about this. Yesterday, we asked that the Eshoo amendment be made in order so we could get the refunds and relief that citizens in the West are due.

It was mentioned at the time that because this litigation has been filed that somehow it would be improper to proceed with Congress' action. That is simply not the case.

Earlier this week, I was in the Committee on the Judiciary. I have been a member of the Committee on the Judiciary for 9 ½ years. We were marking up enhanced penalties for terrorism crimes, and the issue was raised, these new penalties are going to be imposed on individuals whose prosecutions are under way. We got a lengthy letter from the Justice
Department pointing out that there was no problem in terms of ex post facto issues and that we could proceed.

I am mindful, when the World War II Memorial was threatened because of its time frame because of a lawsuit filed by NEPA, the House of Representatives acted and simply removed the World War II Memorial from NEPA coverage. I voted for that because I wanted to get the memorial approved.

Earlier this year, there was an arcane issue between interns and residents employed by medical schools and hospitals on whether or not that was an employment or an educational issue, and it was in court over an antitrust case. We voted actually to define that relationship as an educational relationship, ending the litigation. I voted for that because I thought it was appropriate for Congress to step in and protect medical education in America.

It can never be correct that Congress is excused from doing its job because someone filed a lawsuit. If that were the case, all we would need to do to paralyze the House of Representatives and the Senate would be to have people file lawsuits.

I would like to say this, that for those who are refusing to act still, now in our fourth year who are through their actions, whether intended or not, covering up and protecting the wrong-doers at Enron and others, I feel a kinship with that story told to me in law school: It is like the guy who kills his parents and then throws himself on the mercy of the court because he is an orphan.

Let us act on the Eshoo amendment and get relief for California.