October 18, 1979
Page 28737
Mr. MUSKIE. Mr. President, today the Senate will complete action on S. 4930, the Department of the Interior appropriations bill of 1979. While I support the bill in its final form, I do want to express my concern about one of its provisions.
I am speaking of section 303, as amended by the Appropriations Committee regarding the petroleum products entitlement policy authorized under section 4(a) of the Emergency Petroleum Allocation Act of 1973. The amendment effectively reduces the portion of an entitlement available to an importer of residual fuel oil from 50 percent to 30 percent. The amendment freezes all other petroleum product entitlements at their April 30, 1979 level. And, finally, the amendment provides that any future changes in entitlements policy be submitted to the Congress by the administration as an "energy action," subject to the disapproval of either House within 15 days of promulgation.
Mr. President, my concern with this provision is twofold: First, the change that is proposed for the residual fuel oil entitlement would mean higher energy prices in my home State of Maine and a number of other States. Second, subjecting the administration of our entitlements program to a one-House legislative veto is a legislative act, and is inappropriate on an appropriations bill.
This effort to legislate on an appropriation bill means the amendment is subject to a point of order, under rule 16. The bill, as passed by the House of Representatives, made no reference to the entitlements program.
I understand, however, that revisions to the amendment will be made in conference which will preserve the existing program. Under these circumstances, I will not raise the point of order in objection to this provision. And I reserve my right to oppose the conference report if this matter is not successfully resolved.