[Congressional Record Volume 141, Number 120 (Monday, July 24, 1995)]
[House]
[Pages H7504-H7507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                   EXPORTS OF ALASKAN NORTH SLOPE OIL

  The SPEAKER pro tempore. Pursuant to House Resolution 197 and rule 
XXIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 70.

                              {time}  1704


                     In the Committee of the Whole

  Accordingly the House resolved itself into the Committee of the Whole 
House on the State of the Union for the further consideration of the 
bill (H.R. 70) to permit exports of certain domestically produce crude 
oil, and for other purposes, with Mr. Linder (Chairman pro tempore) in 
the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN pro tempore. When the Committee of the Whole rose 
earlier today, the amendment in the nature of a substitute offered by 
the gentleman from Alaska [Mr. Young] was pending.


          sequential votes postponed in committee of the whole

  Pursuant to the rule, proceedings will now resume on those amendments 
to the amendment in the nature of a substitute offered by the gentleman 
from Alaska [Mr. Young] on which further proceedings were postponed in 
the following order: the amendment offered by the gentleman from 
Connecticut [Mr. Gejdenson], and the amendment offered by the gentleman 
from California [Mr. Miller].
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series, including the underlying amendment 
in the nature of a substitute offered by the gentleman from Alaska [Mr. 
Young] if ordered without intervening business or debate.
                   amendment offered by mr. gejdenson

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Connecticut [Mr. Gejdenson] on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will designate the amendment.
  The Clerk designated the amendment.
  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 117, 
noes 278, answered ``present'' 1, not voting 38, as follows:

[[Page H7505]]


                             [Roll No. 555]

                               AYES--117

     Ackerman
     Andrews
     Baldacci
     Beilenson
     Bentsen
     Bishop
     Bonior
     Borski
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Cardin
     Clay
     Clayton
     Clyburn
     Condit
     Conyers
     Cubin
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Doggett
     Doyle
     Durbin
     Edwards
     Engel
     Eshoo
     Evans
     Fields (LA)
     Filner
     Flake
     Foglietta
     Frost
     Furse
     Gejdenson
     Gephardt
     Green
     Harman
     Hastings (FL)
     Hefner
     Hinchey
     Holden
     Hoyer
     Jackson-Lee
     Johnson (CT)
     Johnson (SD)
     Johnson, E. B.
     Kanjorski
     Kennedy (RI)
     Kennelly
     Kildee
     Klink
     LaFalce
     Lantos
     Lewis (GA)
     Lofgren
     Lowey
     Luther
     Maloney
     Manton
     Markey
     Mascara
     McDermott
     McHale
     McNulty
     Meek
     Mfume
     Miller (CA)
     Mineta
     Minge
     Mink
     Mollohan
     Moran
     Murtha
     Nadler
     Oberstar
     Olver
     Pallone
     Payne (NJ)
     Pelosi
     Peterson (MN)
     Rahall
     Reed
     Rivers
     Rose
     Roybal-Allard
     Rush
     Sanders
     Schroeder
     Schumer
     Scott
     Serrano
     Slaughter
     Smith (MI)
     Smith (NJ)
     Stark
     Stokes
     Stupak
     Taylor (MS)
     Thompson
     Thurman
     Traficant
     Tucker
     Vento
     Volkmer
     Ward
     Waters
     Watt (NC)
     Wilson
     Wise
     Woolsey
     Wyden
     Wynn
     Yates

                               NOES--278

     Allard
     Archer
     Armey
     Bachus
     Baker (CA)
     Ballenger
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bereuter
     Berman
     Bevill
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Boucher
     Brewster
     Browder
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn
     Coleman
     Collins (GA)
     Combest
     Cooley
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cremeans
     Cunningham
     Danner
     Davis
     de la Garza
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     Ensign
     Everett
     Farr
     Fattah
     Fawell
     Fazio
     Flanagan
     Forbes
     Fowler
     Fox
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gibbons
     Gilchrest
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Greenwood
     Gunderson
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Horn
     Houghton
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Johnson, Sam
     Johnston
     Jones
     Kasich
     Kelly
     Kennedy (MA)
     Kim
     King
     Kingston
     Kleczka
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Linder
     Lipinski
     Livingston
     LoBiondo
     Longley
     Lucas
     Manzullo
     Martinez
     Martini
     Matsui
     McCarthy
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     Meehan
     Menendez
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Molinari
     Montgomery
     Moorhead
     Morella
     Myers
     Myrick
     Neal
     Neumann
     Ney
     Norwood
     Obey
     Ortiz
     Orton
     Oxley
     Packard
     Parker
     Pastor
     Paxon
     Payne (VA)
     Peterson (FL)
     Petri
     Pickett
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Pryce
     Quillen
     Quinn
     Radanovich
     Regula
     Richardson
     Riggs
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Roukema
     Royce
     Sabo
     Salmon
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaefer
     Schiff
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Spratt
     Stearns
     Stenholm
     Stockman
     Studds
     Stump
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (NC)
     Tejeda
     Thomas
     Thornberry
     Thornton
     Tiahrt
     Torkildsen
     Upton
     Visclosky
     Vucanovich
     Walker
     Walsh
     Wamp
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Williams
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                        ANSWERED ``PRESENT''--1

       
     Abercrombie
       

                             NOT VOTING--38

     Baesler
     Baker (LA)
     Barcia
     Bateman
     Becerra
     Bilbray
     Bono
     Brown (CA)
     Clement
     Collins (IL)
     Collins (MI)
     Dixon
     English
     Ewing
     Fields (TX)
     Foley
     Ford
     Gillmor
     Hansen
     Hilliard
     Hostettler
     Jacobs
     Jefferson
     Kaptur
     McKinney
     Moakley
     Nethercutt
     Nussle
     Owens
     Ramstad
     Rangel
     Reynolds
     Seastrand
     Torres
     Torricelli
     Towns
     Velazquez
     Waldholtz

                              {time}  1726

  The Clerk announced the following pairs:
  On this vote:

       Ms. McKinney for, with Mr. Bilbray against.
       Mr. Rangel for, with Mr. Bono against.
       Ms. Kaptur for, with Mr. Hostettler against.
       Mrs. Collins of Illinois for, with Mrs. Waldholtz against.

  Messrs GRAHAM, SAWYER, QUILLEN, and COYNE changed their vote from 
``aye'' to ``no.''
  Messrs. PALLONE, NADLER, BENTSEN, SMITH of New Jersey, STOKES, WARD, 
GENE GREEN of Texas, and OBERSTAR, and Ms. JACKSON-LEE changed their 
vote from ``no'' to ``aye.''
  So the amendment to the amendment in the nature of a substitute was 
rejected.
  The result of the vote was announced as above recorded.
                          personal explanation

  Mr. FOLEY. Mr. Chairman, on rollcall No. 355, I was tied up in rush 
hour traffic and missed the vote.
  Had I been present, I would have voted ``nay.''
  The CHAIRMAN. Pursuant to the rule, the Chair announces he will 
reduce to a minimum of 5 minutes the period of time within which a vote 
by electronic device will be taken on each amendment on which the chair 
has postponed proceedings.


 amendment offered by mr. miller of california to the amendment in the 
         nature of a substitute offered by mr. young of alaska

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from California [Mr. Miller] 
to the amendment in the nature of a substitute offered by the gentleman 
from Alaska [Mr. Young] on which further proceedings were postponed and 
on which the noes prevailed by voice vote.
  The Clerk will designate the amendment.
  The Clerk designated the amendment.
  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 95, 
noes 301, not voting 38, as follows:
                             [Roll No. 556]

                                AYES--95

     Abercrombie
     Baldacci
     Barrett (WI)
     Beilenson
     Bevill
     Bishop
     Bonior
     Borski
     Clay
     Clyburn
     Conyers
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dingell
     Doyle
     Durbin
     Engel
     Eshoo
     Evans
     Fattah
     Filner
     Flake
     Foglietta
     Furse
     Gejdenson
     Gephardt
     Gutierrez
     Harman
     Hastings (FL)
     Herger
     Hinchey
     Holden
     Johnson (CT)
     Johnson (SD)
     Johnston
     Kanjorski
     Kennedy (RI)
     Kennelly
     Kildee
     Kleczka
     Klink
     Lantos
     Lewis (GA)
     Lofgren
     Lowey
     Luther
     Maloney
     Markey
     Mascara
     McCarthy
     McDermott
     McHale
     Meek
     Metcalf
     Mfume
     Miller (CA)
     Mineta
     Mink
     Mollohan
     Murtha
     Nadler
     Oberstar
     Obey
     Olver
     Pallone
     Payne (NJ)
     Pelosi
     Rahall
     Reed
     Rivers
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Schroeder
     Schumer
     Scott
     Serrano
     Shays
     Slaughter
     Stark
     Stokes
     Stupak
     Thompson
     Tucker
     Vento
     Ward
     Waters
     Williams
     Woolsey
     Wyden
     Wynn
     Yates

                               NOES--301

     Ackerman
     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baker (CA)
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bentsen
     Bereuter
     Berman
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Boucher
     Brewster
     Browder
     Brown (FL)
     Brownback
     Bryant (TN)
     Bryant (TX)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cardin
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clayton
     Clinger
     Coble
     Coburn
     Coleman
     Collins (GA)
     Combest
     Condit
     Cooley
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     de la Garza
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Dicks
     Dixon
     Doggett
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Edwards

[[Page H7506]]

     Ehlers
     Ehrlich
     Emerson
     Ensign
     Everett
     Farr
     Fawell
     Fazio
     Fields (LA)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Frost
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gibbons
     Gilchrest
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Goss
     Graham
     Green
     Greenwood
     Gunderson
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hefner
     Heineman
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Horn
     Houghton
     Hoyer
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson-Lee
     Johnson, E.B.
     Johnson, Sam
     Jones
     Kasich
     Kelly
     Kennedy (MA)
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Linder
     Lipinski
     Livingston
     LoBiondo
     Longley
     Lucas
     Manton
     Manzullo
     Martinez
     Martini
     Matsui
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     McNulty
     Meehan
     Menendez
     Meyers
     Mica
     Miller (FL)
     Minge
     Molinari
     Montgomery
     Moorhead
     Moran
     Morella
     Myers
     Myrick
     Neal
     Neumann
     Ney
     Norwood
     Ortiz
     Orton
     Oxley
     Packard
     Parker
     Pastor
     Paxon
     Payne (VA)
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Pryce
     Quillen
     Quinn
     Radanovich
     Regula
     Richardson
     Riggs
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rose
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaefer
     Schiff
     Sensenbrenner
     Shadegg
     Shaw
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Spratt
     Stearns
     Stenholm
     Stockman
     Studds
     Stump
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas
     Thornberry
     Thornton
     Thurman
     Tiahrt
     Torkildsen
     Traficant
     Upton
     Visclosky
     Volkmer
     Vucanovich
     Walker
     Walsh
     Wamp
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wilson
     Wise
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--38

     Baesler
     Baker (LA)
     Barcia
     Bateman
     Becerra
     Bilbray
     Bono
     Brown (CA)
     Brown (OH)
     Clement
     Collins (IL)
     Collins (MI)
     English
     Ewing
     Fields (TX)
     Ford
     Gillmor
     Gordon
     Hansen
     Hilliard
     Hostettler
     Jacobs
     Jefferson
     Kaptur
     McKinney
     Moakley
     Nethercutt
     Nussle
     Owens
     Ramstad
     Rangel
     Reynolds
     Seastrand
     Torres
     Torricelli
     Towns
     Velazquez
     Waldholtz

                              {time}  1735

  The Clerk announced the following pairs:
  On this vote:

       Ms. McKinney for, with Mr. Bilbray against.
       Mrs. Collins of Illinois for, with Mr. Bono against.

  Mr. MORAN changed his vote from ``aye'' to ``no.''
  So the amendment to the amendment in the nature of a substitute was 
rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN pro tempore (Mr. Linder). The question is on the 
amendment in the nature of a substitute offered by the gentleman from 
Alaska [Mr. Young], as amended.
  The amendment in the nature of a substitute, as amended, was agreed 
to.
  The CHAIRMAN pro tempore. The question is on the committee amendment 
in the nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  Mr. GILMAN. Mr. Chairman, I move to strike the last word.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Chairman, I rise in support of the substitute 
recommended by the Committee on Resources.
   Mr. Chairman, I rise in support of the amendment in the nature of a 
substitute recommended by the Resources Committee. The legislation 
before us today, H.R. 70, will permit the export of Alaskan North Slope 
oil if carried in U.S. flag vessels. Under the terms of the bill, the 
President retains the authority to retract these oil exports in an 
emergency and would only authorize these exports with an appropriate 
environmental review and with a determination that the exports would 
not reduce the amount of oil available to the United States.
  In addition, the bill preserves the ability of countries such as 
Israel, which have a bilateral supply agreement with the United States, 
to acquire oil supplies without being subject to United States-flag 
transportation requirements.
  Enactment of this legislation will benefit our merchant marine at the 
same time that it will decrease our dependence on foreign oil. A 1994 
report issued by the Department of Energy concluded that lifting the 
ban on the export of Alaskan North Slope oil would add up to $180 
million in tax revenue to the U.S. Treasury and would create up to 
25,000 jobs by the turn of the century, while preserving 3,300 maritime 
jobs.
  In response to concerns about the bill voiced by the Commission of 
the European Communities concerning this legislation, I have sought and 
received assurances from the Office of the U.S. Trade Representative 
that the provisions of H.R. 70 are consistent with our obligations 
under the World Trade Organization and the Organization of the Economic 
Cooperation and Development.
  As part of my statement, I request the inclusion of a copy of a 
letter, dated July 24, I have just received from the U.S. Trade 
Representative, confirming that the provisions of the bill do not 
present any legal problem for the United States.
  It is my expectation that in a conference with the other body on this 
legislation, conferees from the International Relations Committee will 
closely monitor this issue and will ensure that the committee continues 
to exercise jurisdiction over short supply controls pursuant to the 
Export Administration Act.
  I compliment the distinguished chairman of the Resources Committee, 
Mr. Young, for his many years of work on this important issue and for 
his balanced and well-crafted bill before us today. Accordingly, I urge 
my colleagues to vote ``yes'' on H.R. 70.

                                    U.S. Trade Representative,

                                    Washington, DC, July 24, 1995.
     Hon. Benjamin A. Gilman,
     House of Representatives, Washington, DC.
       Dear Chairman Gilman: This replies to your letter of June 
     14, 1995 requesting information on the implications of the 
     cargo preference provisions of H.R. 70 on our obligations 
     under the World Trade Organization and the OECD, and on 
     whether those provisions violate any trade agreements. As we 
     understand it, H.R. 70 would require that exported ANS oil be 
     carried on vessels that are U.S.-flag and U.S.-crew, but not 
     U.S.-build.
       As to WTO violations, I can state categorically that H.R. 
     70, as currently drafted, does not present a legal problem. 
     Further, we do not believe that the legislation will violate 
     our obligations under the OECD's Code of Liberalization of 
     Current Invisible Operations or its companion Common 
     Principles of Shipping Policy.
       Moreover, the OECD does not have a mechanism for the 
     settlement of disputes and its associated right of 
     retaliation. While Parties to the OECD are obligated to 
     defend practices that are not consistent with the Codes, the 
     OECD process does not contain a dispute mechanism with 
     possible retaliation rights. (The OECD Shipbuilding 
     Agreement, by contrast, does contain specific dispute 
     settlement mechanisms, although the Agreement does not 
     address flag or crew issues).
       I would also like to address the implications of H.R. 70 on 
     the GATS Ministerial Decision of Negotiations on Maritime 
     Transport Services (Maritime Decision), which is the document 
     that guides the current negotiations on maritime in the WTO. 
     The Maritime Decision contains a political commitment by each 
     participant not to adopt restrictive measures that would 
     ``improve its negotiating position'' during the negotiations 
     (which expire in 1996). This political commitment is 
     generally referred to as a ``peace clause.'' Actions 
     inconsistent with the peace clause, or any other aspect of 
     the Maritime Decision, cannot give rise to a dispute under 
     the WTO, since such decisions are not legally binding 
     obligations.
       There are, of course, potential implications for violating 
     the peace clause by adopting new restrictive measures during 
     the course of the negotiations. These implications could 
     include changes in the willingness of other parties to 
     negotiate seriously to remove maritime restrictions and might 
     lead to certain parties simply abandoning the negotiating 
     table. But the Maritime Decision does not provide the 
     opportunity for retaliation.
       Our view is that the U.S. flag preference provisions of 
     H.R. 70 do not measurably increase the level of preference 
     for U.S. flag carriers and actually present opportunities for 
     foreign flag vessels to carry more oil to the United States, 
     in light of the potentially new market situation resulting 
     from enactment of H.R. 70. Thus, it would be very difficult 
     indeed for foreign parties to make a credible case that the 
     U.S. has ``improved its negotiating position'' as the result 
     of H.R. 70.
       I trust this information is of assistance to you. Please do 
     not hesitate to contact me or the staff should you need more 
     information.
           Sincerely,
                                                   Michael Kantor.

  The CHAIRMAN pro tempore. Under the rule, the Committee rises.

[[Page H7507]]

  Accordingly the Committee rose, and the Speaker pro tempore, Mr. 
LaHood, having assumed the chair, Mr. Linder, Chairman pro tempore of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 70) 
to permit exports of certain domestically produced crude oil, and for 
other purposes, pursuant to House Resolution 197, he reported the bill 
back to the House with an amendment adopted by the Committee of the 
Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on the amendment to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the committee amendment in the nature 
of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             recorded vote

  Mr. GEJDENSON. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 324, 
noes 77, not voting 33, as follows:

                             [Roll No. 557]
                               AYES--324

     Abercrombie
     Ackerman
     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baker (CA)
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Beilenson
     Bentsen
     Bereuter
     Berman
     Bevill
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Borski
     Boucher
     Brewster
     Browder
     Brown (FL)
     Brown (OH)
     Brownback
     Bryant (TN)
     Bryant (TX)
     Bunn
     Bunning
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cardin
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clayton
     Clinger
     Coble
     Coburn
     Coleman
     Collins (GA)
     Combest
     Condit
     Cooley
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     de la Garza
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Dixon
     Doggett
     Dooley
     Doolittle
     Dornan
     Dreier
     Duncan
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Everett
     Farr
     Fawell
     Fazio
     Fields (LA)
     Flake
     Flanagan
     Foglietta
     Foley
     Forbes
     Fowler
     Fox
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Frost
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gibbons
     Gilchrest
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Green
     Greenwood
     Gunderson
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hefner
     Heineman
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Horn
     Houghton
     Hoyer
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson-Lee
     Johnson, E. B.
     Johnson, Sam
     Johnston
     Jones
     Kasich
     Kennedy (MA)
     Kennedy (RI)
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Linder
     Lipinski
     Livingston
     LoBiondo
     Longley
     Lowey
     Lucas
     Luther
     Manton
     Manzullo
     Martinez
     Martini
     Matsui
     McCarthy
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     McNulty
     Meehan
     Meek
     Menendez
     Meyers
     Mfume
     Mica
     Miller (FL)
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murtha
     Myers
     Myrick
     Neal
     Neumann
     Ney
     Norwood
     Ortiz
     Orton
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)
     Payne (VA)
     Peterson (FL)
     Petri
     Pickett
     Pombo
     Pomeroy
     Portman
     Poshard
     Pryce
     Quillen
     Quinn
     Radanovich
     Reed
     Regula
     Richardson
     Riggs
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rose
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaefer
     Schiff
     Schroeder
     Schumer
     Scott
     Sensenbrenner
     Serrano
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Solomon
     Souder
     Spence
     Spratt
     Stearns
     Stenholm
     Stockman
     Stokes
     Studds
     Stump
     Stupak
     Talent
     Tanner
     Tauzin
     Taylor (NC)
     Tejeda
     Thomas
     Thornberry
     Thornton
     Thurman
     Tiahrt
     Torkildsen
     Traficant
     Tucker
     Upton
     Visclosky
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Ward
     Waters
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wise
     Wolf
     Wynn
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                                NOES--77

     Baldacci
     Barrett (WI)
     Becerra
     Bishop
     Bonior
     Clay
     Clyburn
     Conyers
     Costello
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Doyle
     Dunn
     Durbin
     Eshoo
     Evans
     Fattah
     Filner
     Furse
     Gejdenson
     Gephardt
     Gutierrez
     Harman
     Herger
     Hinchey
     Holden
     Jacobs
     Johnson (CT)
     Johnson (SD)
     Kanjorski
     Kelly
     Kennelly
     Kildee
     Kleczka
     Klink
     Lantos
     Lewis (GA)
     Lofgren
     Maloney
     Markey
     Mascara
     McDermott
     McHale
     Metcalf
     Miller (CA)
     Mineta
     Minge
     Mink
     Nadler
     Oberstar
     Obey
     Olver
     Pelosi
     Peterson (MN)
     Rahall
     Rivers
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Slaughter
     Smith (WA)
     Stark
     Tate
     Taylor (MS)
     Thompson
     Vento
     Volkmer
     White
     Williams
     Woolsey
     Wyden
     Yates

                             NOT VOTING--33

     Baesler
     Baker (LA)
     Barcia
     Bateman
     Bilbray
     Brown (CA)
     Burr
     Clement
     Collins (IL)
     Collins (MI)
     Ewing
     Fields (TX)
     Ford
     Gillmor
     Hansen
     Hilliard
     Hostettler
     Jefferson
     Kaptur
     McKinney
     Moakley
     Nethercutt
     Nussle
     Owens
     Porter
     Ramstad
     Rangel
     Reynolds
     Seastrand
     Torres
     Torricelli
     Towns
     Velazquez

                              {time}  1754

  The Clerk announced the following pairs:
  On this vote:

       Mr. Burr of North Carolina for, with Mrs. Collins of 
     Illinois against.
       Mr. Hostettler for, with Ms. Kaptur against.
       Mr. Bilbray for, with Ms. McKinney against.

  Mrs. MALONEY changed her vote from ``aye'' to ``no.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
                          personal explanation

  Mr. CLEMENT. Mr. Chairman, due to a delay in my flight from 
Nashville, I was unable to cast a vote on rollcall vote 557. Had I been 
present I would have voted ``yea'' on final passage of H.R. 70.


                          ____________________