Congressional Record, Volume 143 Issue 149 (Thursday, October 30, 1997)

[Congressional Record Volume 143, Number 149 (Thursday, October 30, 1997)]
[House]
[Pages H9764-H9771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NUCLEAR WASTE POLICY ACT OF 1997

The SPEAKER pro tempore. Pursuant to House Resolution 283 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. 1270.

{time} 1526

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. 1270) to amend the Nuclear Waste Policy Act of 1982, with
Mr. McInnis in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose on Wednesday,
October 29, 1997, the demand for a recorded vote on amendment No. 9
printed in House Report 105-354 offered by the gentleman from Ohio [Mr.
Traficant] had been postponed.
It is now in order to consider amendment No. 10 printed in that
report.
The Chair has been advised that the amendment will not be offered.

Sequential Votes Postponed in the Committee of the Whole

The CHAIRMAN. Pursuant to House Resolution 283, proceedings will now
resume on those amendments on which further proceedings were postponed
in the following order: amendment No. 4 offered by the gentleman from
Nevada [Mr. Ensign]; amendment No. 5 offered by the gentleman from
Nevada [Mr. Gibbons]; amendment No. 6 offered by the gentleman from
Nevada [Mr. Ensign]; amendment No. 7 offered by the gentleman from
Massachusetts [Mr. Markey]; amendment No. 8 offered by the gentleman
from Nevada [Mr. Gibbons]; and amendment No. 9 offered by the gentleman
from Ohio [Mr. Traficant].

Amendment No. 4 Offered by Mr. Ensign

The CHAIRMAN. The unfinished business is the demand for a recorded
vote on amendment No. 4 offered by the gentleman from Nevada [Mr.
Ensign] on which further proceedings

[[Page H9765]]

were postponed and on which the noes prevailed by a voice vote.
The Clerk will redesignate the amendment.
The text of the amendment is as follows:

Amendment No. 4 offered by Mr. Ensign:
Page 15, insert after line 8 the following:
``(e) Risk Assessment and Cost Benefit.--The Secretary
shall not take any action under this Act unless the Secretary
has with respect to such action conducted a risk assessment
which is scientifically objective, unbased, and inclusive of
all relevant data and relies, to the extent available and
practicable, on scientific findings and which is grounded in
cost-benefit principles.

Recorded Vote

The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 135,
noes 290, not voting 7, as follows:

[Roll No. 550]

AYES--135

Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barr
Barrett (WI)
Becerra
Berman
Bishop
Blagojevich
Blumenauer
Bonilla
Boswell
Brown (CA)
Bryant
Cannon
Carson
Christensen
Clay
Condit
Conyers
Cooksey
Coyne
Cunningham
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Doggett
Doyle
Engel
English
Ensign
Eshoo
Evans
Filner
Flake
Foglietta
Ford
Furse
Gibbons
Goodling
Gutierrez
Hamilton
Hansen
Hill
Hilleary
Hinchey
Hooley
Hulshof
Istook
Jackson (IL)
Jackson-Lee (TX)
Kasich
Kelly
Kennedy (RI)
Kennelly
Kingston
Kleczka
Klug
Kucinich
LaFalce
Lampson
Lantos
Lewis (GA)
Lofgren
Lowey
Lucas
Luther
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matsui
McCarthy (MO)
McDermott
McGovern
McHale
McIntosh
McKeon
McKinney
McNulty
Meehan
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran (KS)
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Owens
Pascrell
Paul
Payne
Pease
Pelosi
Peterson (MN)
Pombo
Rahall
Rangel
Reyes
Rivers
Roemer
Rothman
Roybal-Allard
Sanchez
Schumer
Serrano
Shays
Sherman
Smith (NJ)
Souder
Stark
Stenholm
Stokes
Talent
Thurman
Tierney
Torres
Towns
Waters
Watts (OK)
Waxman
Weygand
Woolsey
Wynn
Yates
Young (AK)

NOES--290

Aderholt
Allen
Archer
Armey
Bachus
Baker
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berry
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Boyd
Brady
Brown (FL)
Brown (OH)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Clayton
Clement
Clyburn
Coble
Coburn
Collins
Combest
Cook
Costello
Cox
Cramer
Crane
Crapo
Cummings
Danner
Davis (FL)
Davis (VA)
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Etheridge
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilliard
Hinojosa
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jefferson
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kennedy (MA)
Kildee
Kilpatrick
Kim
Kind (WI)
King (NY)
Klink
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Manton
Manzullo
Martinez
McCarthy (NY)
McCollum
McCrery
McDade
McHugh
McInnis
McIntyre
Meek
Menendez
Metcalf
Mica
Miller (FL)
Minge
Mollohan
Moran (VA)
Morella
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Ortiz
Oxley
Packard
Pallone
Pappas
Parker
Pastor
Paxon
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Radanovich
Ramstad
Redmond
Regula
Riggs
Riley
Rodriguez
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Ryun
Sabo
Salmon
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Scott
Sensenbrenner
Sessions
Shadegg
Shaw
Shimkus
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (OR)
Smith (TX)
Smith, Adam
Smith, Linda
Snowbarger
Snyder
Solomon
Spence
Spratt
Stabenow
Stearns
Strickland
Stump
Stupak
Sununu
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Thomas
Thompson
Thornberry
Thune
Tiahrt
Traficant
Turner
Upton
Velazquez
Vento
Visclosky
Walsh
Wamp
Watt (NC)
Weller
Wexler
White
Whitfield
Wicker
Wise
Wolf
Young (FL)

NOT VOTING--7

Cubin
Gonzalez
Schiff
Tauzin
Watkins
Weldon (FL)
Weldon (PA)

{time} 1552

Mrs. CLAYTON, and Messrs. DEUTSCH, KENNEDY of Massachusetts, RUSH,
KLINK, and SKAGGS changed their vote from ``aye'' to ``no.''
Mr. PETERSON of Minnesota, Mr. NEAL of Massachusetts, Mrs. KELLY, Mr.
COYNE, Mr. BERMAN, Ms. ROYBAL-ALLARD, Mr. BECERRA, and Mr. RANGEL
changed their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

Announcement by the Chairman

The CHAIRMAN. Pursuant to House Resolution 283, the Chair announces
that 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 further proceedings.

Amendment No. 5 Offered by Mr. Gibbons

The CHAIRMAN. The unfinished business is the demand for a recorded
vote on amendment No. 5 offered by the gentleman from Nevada [Mr.
Gibbons] on which further proceedings were postponed and on which the
noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The text of the amendment is as follows:

Amendment No. 5 Offered by Mr. Gibbons:
Page 19, inset after line 16 the following:
``(e) Emergency Response Team.--The Secretary may not plan
for the transportation of spent nuclear fuel or high-level
radioactive waste through any State unless the Governor of
such State can certify that an adequate emergency response
team exists in such State to appropriate manage any nuclear
accident that may occur in such transportation.

Recorded Vote

The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 112,
noes 312, not voting 8, as follows:

[Roll No. 551]

AYES--112

Abercrombie
Ackerman
Baesler
Barr
Becerra
Blagojevich
Blumenauer
Brown (FL)
Bryant
Cannon
Carson
Clay
Collins
Cooksey
Cummings
Davis (IL)
Deal
DeFazio
Delahunt
Dellums
Ehlers
English
Ensign
Eshoo
Evans
Farr
Filner
Flake
Forbes
Ford
Franks (NJ)
Furse
Gephardt
Gibbons
Gilchrest
Hansen
Herger
Hill
Hinchey
Hooley
Hostettler
Hutchinson
Jackson (IL)
Kasich
Kelly
Kennedy (MA)
Kingston
Kleczka
Kucinich
LaFalce
Lampson
Lantos
Lewis (GA)
Linder
LoBiondo
Lowey
Lucas
Maloney (NY)
Markey
McDermott
McGovern
McInnis
McKeon
McKinney
McNulty
Meehan
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran (KS)
Nadler
Ney
Obey
Owens
Pallone
Pappas
Pascrell
Paul
Payne
Pease
Pelosi
Pombo
Pryce (OH)
Quinn
Rahall
Rangel
Reyes
Roemer
Rothman
Roybal-Allard
Saxton
Schumer
Shays
Slaughter
Smith (NJ)
Souder
Stark
Stearns
Stokes
Talent
Tauscher
Thune
Tierney
Torres
Watkins
Watts (OK)
Waxman
Weygand
Wolf
Woolsey
Young (AK)

[[Page H9766]]

NOES--312

Aderholt
Allen
Andrews
Archer
Armey
Bachus
Baker
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Berry
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady
Brown (CA)
Brown (OH)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clayton
Clement
Clyburn
Coble
Coburn
Combest
Condit
Conyers
Cook
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Danner
Davis (FL)
Davis (VA)
DeGette
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehrlich
Emerson
Engel
Etheridge
Everett
Ewing
Fattah
Fawell
Fazio
Foglietta
Foley
Fowler
Fox
Frank (MA)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Hilleary
Hilliard
Hinojosa
Hobson
Hoekstra
Holden
Horn
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kim
Kind (WI)
King (NY)
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lipinski
Livingston
Lofgren
Luther
Maloney (CT)
Manton
Manzullo
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDade
McHale
McHugh
McIntosh
McIntyre
Meek
Menendez
Metcalf
Mica
Miller (FL)
Minge
Mollohan
Moran (VA)
Morella
Murtha
Myrick
Neal
Nethercutt
Neumann
Northup
Norwood
Nussle
Oberstar
Olver
Ortiz
Oxley
Packard
Parker
Pastor
Paxon
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pomeroy
Porter
Portman
Poshard
Price (NC)
Radanovich
Ramstad
Redmond
Regula
Riggs
Riley
Rivers
Rodriguez
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Ryun
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Scarborough
Schaefer, Dan
Schaffer, Bob
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Sherman
Shimkus
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith, Adam
Smith, Linda
Snowbarger
Snyder
Solomon
Spence
Spratt
Stabenow
Stenholm
Strickland
Stump
Stupak
Sununu
Tanner
Taylor (MS)
Taylor (NC)
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Towns
Traficant
Turner
Upton
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watt (NC)
Weller
Wexler
White
Whitfield
Wicker
Wise
Wynn
Yates
Young (FL)

NOT VOTING--8

Cubin
Gonzalez
Jefferson
Schiff
Smith (OR)
Tauzin
Weldon (FL)
Weldon (PA)

{time} 1603

Mr. HILLIARD and Mrs. CLAYTON changed their vote from ``aye'' to
``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment No. 6 Offered by Mr. Ensign

The CHAIRMAN. The unfinished business is the demand for a recorded
vote on amendment No. 6 offered by the gentleman from Nevada [Mr.
Ensign] on which further proceedings were postponed and on which the
noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The text of the amendment is as follows:

Amendment No. 6 offered by Mr. Ensign:
Page 19, insert after line 16 the following:
``(c) Emergency Response.--The Secretary may not plan for
the transportation of spent nuclear fuel or high-level
radioactive waste in a fiscal year for which funds
appropriated under section 203(c) are insufficient (as
determined by the Federal Emergency Management Agency) to
ensure adequate and trained emergency response teams along
all the transportation routes to be used in such fiscal year.

Recorded Vote

The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 118,
noes 305, not voting 9, as follows:

[Roll No. 552]

AYES--118

Abercrombie
Ackerman
Andrews
Baesler
Barr
Becerra
Berman
Blagojevich
Blumenauer
Boswell
Bryant
Campbell
Cannon
Cardin
Carson
Christensen
Coburn
Cooksey
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Dixon
Doggett
Doyle
Engel
English
Ensign
Eshoo
Evans
Filner
Flake
Forbes
Ford
Furse
Gephardt
Gibbons
Gilchrest
Gutierrez
Hansen
Hill
Hilleary
Hinchey
Hooley
Hutchinson
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kingston
Kucinich
LaFalce
Lampson
Lantos
Lewis (GA)
Linder
Lowey
Lucas
Luther
Maloney (NY)
Markey
McCarthy (MO)
McDermott
McGovern
McKeon
McKinney
McNulty
Meehan
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran (KS)
Nadler
Ney
Owens
Pallone
Pappas
Pascrell
Paul
Payne
Pelosi
Pryce (OH)
Rahall
Reyes
Rivers
Rothman
Roybal-Allard
Sanchez
Schumer
Serrano
Shays
Sherman
Smith (NJ)
Souder
Stabenow
Stark
Stokes
Talent
Tauscher
Thomas
Thune
Tierney
Torres
Vento
Watkins
Watts (OK)
Waxman
Weygand
Wise
Wolf
Woolsey
Young (AK)

NOES--305

Aderholt
Allen
Archer
Armey
Bachus
Baker
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Barton
Bass
Bateman
Bentsen
Bereuter
Berry
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Boyd
Brady
Brown (CA)
Brown (FL)
Brown (OH)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Conyers
Cook
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cummings
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Etheridge
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Foglietta
Foley
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilliard
Hinojosa
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inglis
Istook
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kennelly
Kildee
Kilpatrick
Kim
Kind (WI)
King (NY)
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lipinski
Livingston
LoBiondo
Lofgren
Maloney (CT)
Manton
Manzullo
Martinez
Mascara
Matsui
McCarthy (NY)
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntyre
Meek
Menendez
Metcalf
Mica
Miller (FL)
Minge
Mollohan
Moran (VA)
Morella
Murtha
Myrick
Neal
Nethercutt
Neumann
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Oxley
Packard
Parker
Pastor
Paxon
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Quinn
Radanovich
Ramstad
Rangel
Redmond
Regula
Riggs
Riley
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Ryun
Sabo
Salmon
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Scott
Sensenbrenner
Sessions
Shadegg
Shaw
Shimkus
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (OR)
Smith (TX)
Smith, Adam
Smith, Linda
Snowbarger
Snyder
Solomon
Spence
Spratt
Stearns
Stenholm

[[Page H9767]]

Strickland
Stump
Stupak
Sununu
Tanner
Taylor (MS)
Taylor (NC)
Thompson
Thornberry
Thurman
Tiahrt
Towns
Traficant
Turner
Upton
Velazquez
Visclosky
Walsh
Wamp
Waters
Watt (NC)
Weller
Wexler
White
Whitfield
Wicker
Wynn
Yates
Young (FL)

NOT VOTING--9

Bartlett
Cubin
Gonzalez
Johnson, Sam
McIntosh
Schiff
Tauzin
Weldon (FL)
Weldon (PA)

{time} 1611

So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment No. 7 Offered by Mr. Markey

The CHAIRMAN. The unfinished business is the demand for a recorded
vote on amendment No. 7 offered by the gentleman from Massachusetts
[Mr. Markey] on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The text of the amendment is as follows:

Amendment No. 7 offered by Mr. Markey:
Page 36, strike line 18 and all that follows through line 9
on page 39.

recorded vote

[Roll No. 553]

AYES--151

Abercrombie
Ackerman
Allen
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Bentsen
Berman
Blagojevich
Blumenauer
Boehlert
Boswell
Brown (CA)
Brown (OH)
Campbell
Carson
Clay
Clayton
Conyers
Cooksey
Costello
Coyne
Cummings
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Dicks
Dixon
Doggett
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Filner
Flake
Forbes
Ford
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Green
Gutierrez
Hall (OH)
Hefner
Hinchey
Hooley
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kleczka
Kucinich
LaFalce
Lampson
Lantos
Lewis (GA)
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney (CT)
Maloney (NY)
Markey
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McKinney
McNulty
Meehan
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran (VA)
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pascrell
Payne
Pelosi
Portman
Poshard
Price (NC)
Rahall
Ramstad
Rangel
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Sabo
Sanchez
Sanders
Sawyer
Schumer
Serrano
Shays
Sherman
Skaggs
Slaughter
Smith (NJ)
Smith, Adam
Souder
Stabenow
Stark
Stokes
Strickland
Talent
Tauscher
Taylor (MS)
Thompson
Tierney
Torres
Velazquez
Vento
Walsh
Waters
Watt (NC)
Watts (OK)
Waxman
Weygand
Wise
Wolf
Woolsey
Yates

NOES--273

Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Berry
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Boyd
Brady
Brown (FL)
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Cook
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dingell
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Etheridge
Everett
Ewing
Fawell
Fazio
Foglietta
Foley
Fowler
Fox
Frelinghuysen
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Greenwood
Gutknecht
Hall (TX)
Hamilton
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hill
Hilleary
Hilliard
Hinojosa
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kildee
Kilpatrick
Kim
Kind (WI)
King (NY)
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Manton
Manzullo
Martinez
Mascara
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McIntyre
McKeon
Meek
Metcalf
Mica
Miller (FL)
Minge
Mollohan
Moran (KS)
Morella
Murtha
Myrick
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Ortiz
Oxley
Packard
Pappas
Parker
Pastor
Paul
Paxon
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Pryce (OH)
Quinn
Radanovich
Redmond
Regula
Reyes
Riggs
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Ryun
Salmon
Sandlin
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Scott
Sensenbrenner
Sessions
Shadegg
Shaw
Shimkus
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Snyder
Solomon
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Sununu
Tanner
Tauzin
Thomas
Thornberry
Thune
Thurman
Tiahrt
Towns
Traficant
Turner
Upton
Visclosky
Wamp
Watkins
Weller
Wexler
White
Whitfield
Wicker
Wynn
Young (AK)
Young (FL)

NOT VOTING--8

Cubin
Gonzalez
Hansen
Herger
Schiff
Taylor (NC)
Weldon (FL)
Weldon (PA)

{time} 1621

So the amendment was rejected.
The result of the vote announced as above recorded.

Amendment No. 8 Offered by Mr. Gibbons

The CHAIRMAN. The unfinished business is the demand for a recorded
vote on the amendment offered by the gentleman from Nevada [Mr.
Gibbons] on which further proceedings were postponed and on which the
noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The text of the amendment is as follows:

Amendment No. 8 offered by Mr. Gibbons:
Page 55, beginning in line 3 strike ``, except that'' and
all that follows through line 21 and insert a period.

Recorded Vote

The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 67,
noes 357, not voting 8, as follows:

[Roll No. 554]

AYES--67

Becerra
Berman
Cannon
Carson
Clay
Clayton
Conyers
Cooksey
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Dixon
Doggett
Ensign
Eshoo
Evans
Filner
Furse
Gejdenson
Gibbons
Hansen
Hinchey
Hooley
Jackson (IL)
Jackson-Lee (TX)
Kennedy (RI)
Kennelly
Kucinich
LaFalce
Lampson
Lewis (GA)
Lowey
Lucas
Maloney (NY)
Markey
Martinez
McDermott
McGovern
McKinney
McNulty
Millender-McDonald
Miller (CA)
Mink
Nadler
Owens
Pallone
Payne
Pelosi
Rahall
Reyes
Roybal-Allard
Serrano
Shays
Souder
Stark
Stokes
Tierney
Torres
Vento
Waters
Watt (NC)
Waxman
Woolsey
Young (AK)

NOES--357

[[Page H9768]]

Davis (FL)
Davis (VA)
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Etheridge
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Flake
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hill
Hilleary
Hilliard
Hinojosa
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jefferson
Jenkins
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kildee
Kilpatrick
Kim
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Luther
Maloney (CT)
Manton
Manzullo
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McIntyre
McKeon
Meehan
Meek
Menendez
Metcalf
Mica
Miller (FL)
Minge
Moakley
Mollohan
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Neal
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Oxley
Packard
Pappas
Parker
Pascrell
Pastor
Paul
Paxon
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Radanovich
Ramstad
Rangel
Redmond
Regula
Riggs
Riley
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Royce
Rush
Ryun
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Schumer
Scott
Sensenbrenner
Sessions
Shadegg
Shaw
Sherman
Shimkus
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Adam
Smith, Linda
Snowbarger
Snyder
Solomon
Spence
Spratt
Stabenow
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Talent
Tanner
Tauscher
Tauzin
Taylor (MS)
Thomas
Thompson
Thornberry
Thune
Thurman
Tiahrt
Towns
Traficant
Turner
Upton
Velazquez
Visclosky
Walsh
Wamp
Watkins
Watts (OK)
Weller
Wexler
Weygand
White
Whitfield
Wicker
Wise
Wolf
Wynn
Yates
Young (FL)

NOT VOTING--8

Bereuter
Cubin
Gonzalez
John
Schiff
Taylor (NC)
Weldon (FL)
Weldon (PA)

{time} 1631

Mr. MEEHAN changed his vote from ``aye'' to ``no.''
Ms. PELOSI and Mr. NADLER changed their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment No. 9 Offered by Mr. Traficant

The CHAIRMAN. The unfinished business is the demand for a recorded
vote on the amendment offered by the gentleman from Ohio [Mr.
Traficant] on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The text of the amendment is as follows:

Amendment No. 9 offered by Mr. Traficant:
Page 81, insert after line 13 the following:

``SEC. 510. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

``(a) In General.--It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with funds made available under this Act should be
American-made.
``(b) Notice Requirement.--In providing financial
assistance to, or entering into any contract with, any entity
using funds made available under this Act, the head of each
Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made
in subsection (a) by the Congress.
``(c) Prohibition of Contracts With Persons Falsely
Labeling Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available under this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.

Recorded Vote

The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 407,
noes 2, answered ``present'' 15, not voting 8, as follows:

[Roll No. 555]

AYES--407

Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Armey
Bachus
Baesler
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Berry
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Cardin
Carson
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Etheridge
Evans
Everett
Ewing
Farr
Fattah
Fazio
Flake
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hill
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, E.B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kim
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney (CT)
Maloney (NY)
Manton
Manzullo
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDade
McDermott
McGovern
McHale
McHugh
McInnis
McIntosh
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Owens
Oxley
Packard
Pallone
Pappas
Parker
Pascrell
Paul
Paxon
Payne
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Radanovich
Ramstad
Rangel
Redmond
Regula
Riggs
Riley
Rivers
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Royce
Rush
Ryun
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Schumer
Scott
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Shimkus
Shuster
Sisisky
Skaggs
Skeen

[[Page H9769]]

Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Adam
Smith, Linda
Snowbarger
Snyder
Solomon
Souder
Spence
Spratt
Stabenow
Stark
Stearns
Stenholm
Stokes
Strickland
Stump
Stupak
Sununu
Talent
Tanner
Tauscher
Tauzin
Taylor (MS)
Thomas
Thompson
Thornberry
Thune
Thurman
Tiahrt
Tierney
Towns
Traficant
Turner
Upton
Vento
Visclosky
Walsh
Wamp
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weller
Wexler
Weygand
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)

NOES--2

Conyers
Furse

ANSWERED ``PRESENT''--15

Becerra
Filner
Gutierrez
Hinojosa
Martinez
Menendez
Ortiz
Pastor
Rahall
Reyes
Rodriguez
Roybal-Allard
Serrano
Torres
Velazquez

NOT VOTING--8

Cubin
Fawell
Gonzalez
Mica
Schiff
Taylor (NC)
Weldon (FL)
Weldon (PA)

{time} 1639

Mr. PASTOR changed his vote from ``aye'' to ``present.''
Ms. VELAZQUEZ changed her vote from ``no'' to ``present.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

personal explanation

Mr. MICA. Mr. Chairman, on rollcall No. 555, I was unavoidably
detained. Had I been present, I would have voted ``yes.''
The CHAIRMAN. 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 CHAIRMAN. Under the rule, the Committee rises.
Accordingly the Committee rose; and the Speaker pro tempore (Mr.
Hayworth) having assumed the chair, Mr. McInnis, Chairman 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. 1270) to
amend the Nuclear Waste Policy Act of 1982, pursuant to House
Resolution 283, 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 any 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 amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on 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.

Motion to Recommit Offered by Mr. Markey

Mr. MARKEY. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. MARKEY. I am opposed to the bill in its current form, yes.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:

Mr. Markey moves to recommit the bill H.R. 1270 to the
Committee on Commerce with instructions to report the same
back to the House forthwith with the following amendment:
Page 23, line 3, after the period insert ``Contractors
transporting spent nuclear fuel or high-level radioactive
waste under any such contract shall not be indemnified under
section 170d. of the Atomic Energy Act of 1954 for any
liability resulting from negligence, gross negligence, or
willful misconduct in connection with such transportation.''.

The SPEAKER pro tempore. The gentleman from Massachusetts [Mr.
Markey] is recognized for 5 minutes in support of his motion to
recommit.

{time} 1645

Mr. MARKEY. Mr. Speaker, this recommittal motion is the amendment the
nuclear industry does not want Members to vote on, which is why the
Committee on Rules did not put it in order. The reason that the nuclear
industry does not want us to vote on this amendment is that, as opposed
to Nevada getting all the waste, or the nuclear site having the waste
taken from it, this amendment deals with the transportation of the
waste through Members' districts and what the liability is of the
trucking company, of the rail company that has responsibility for this
material.
Throughout the entire night last night we heard that an accident
cannot happen, that these cannisters are so strong, and if a train hit
the cannister, the train would be hurt. We were told that the Governor
does not have to certify that transport is safe. We were told that the
mayors and the local selectmen do not even have to have a role in
public health or safety. But, buried in this bill is a total
indemnification against liability of the trucking or the rail company
if an accident occurs in Members' districts.
Mr. Speaker, 43 States are going to have these materials riding
through them. What happens if the trucking company engages in gross
misconduct, if the trucking company engages in gross negligence? They
are still not liable.
Mr. Speaker, if the truck driver is on antidepressants, is drunk, is
driving 80 miles an hour, careens into our community with this nuclear
material, the company is not liable. My amendment makes the company
liable. That is the only way we are going to make them accountable, to
make sure they hire good drivers, to make sure they have the right
kinds of protections built into the trucks, into the railcars. That is
what this amendment is all about, plain and simple, just accountability
for the companies who are carrying this dangerous material through
every one of our districts. That is where it hits our districts, where
it hits our people.
Mr. Speaker, I yield to the gentleman from Nevada [Mr. Ensign].
Mr. ENSIGN. Mr. Speaker, I thank the gentleman for yielding to me.
Mr. Speaker, H.R. 1270 does in fact assume that Congress and the
Members here are experts, not the scientists. H.R. 1270 says that we
are going to ignore what the Nuclear Waste Technical Review Board said,
that there is no hurry, there is no urgency.
As a matter of fact, if we put interim storage, and by the way, this
bill is not about Yucca Mountain, this bill is about interim storage of
nuclear waste at the Nevada test site. If we put interim storage at the
Nevada test site, we will hurt the characterization process of Yucca
Mountain. This bill is not about science, this is about politics. This
is about all of us thinking that we are experts, over the geologists
and all the scientists at the Nuclear Waste Technical Board and the
like.
Mr. MARKEY. Reclaiming my time, Mr. Speaker, so this amendment is the
mobile Chernobyl amendment. It will be coming through Members'
districts. The police, the local PTAs, everyone will be asking
questions. When they are told that the drivers are not liable, that the
railroad companies are not liable, there are going to be a lot of
questions to answer.
If there is only going to be one yes vote on recommittal, vote to
include this liability for our districts when it is coming through our
hometowns.
Mr. ENSIGN. If the gentleman will continue to yield, Mr. Speaker, the
other thing about this bill is this bill does ignore private property
rights and ignores States' rights. The 10th amendment reserves the
power to the States and people that it does not specifically grant to
the Federal Government in the Constitution.
The State of Nevada never had nuclear waste produced in its State.
This is not a national security issue, this is about commercial nuclear
waste trying to be shipped by other States to the State of Nevada. The
gentleman from Idaho has good moral arguments because their State has
had nuclear waste shoved down their throats. That is why he wants this
bill, to get it out of his State, but it is no more right to send it to
his State or to my State. This is wrong. It ignores private property
rights as well as States' rights.
I urge a ``yes'' vote on the motion to recommit, and a ``no'' vote on
H.R. 1270.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I rise to speak in
opposition to the motion to recommit.
The SPEAKER pro tempore [Mr. Hayworth]. The gentleman from Colorado
[Mr. Dan Schaefer] is recognized for 5 minutes.

[[Page H9770]]

Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield to the gentleman
from Idaho [Mr. Crapo].
Mr. CRAPO. Mr. Speaker, once again, the entire story has not been
told. The fact is that this amendment would amend the Price-Anderson
Act, a statute that was carefully crafted over two entire Congresses
with great deliberation. There has been no hearing on this amendment,
and it makes a dramatic change in an area of law that has always been
very controversial.
This is not a simple matter. Contractor liability was hotly contested
when the Price-Anderson Act was debated in the 100th and 101st
Congresses. Congress did not bar indemnification of contractors from
damages resulting from negligence out of recognition that such a course
would be inconsistent with the purposes of the Price-Anderson Act. Why?
The fact is that although the impression was made in the debate in
favor of this motion that there would be no compensation for those who
might be injured by accidents involving nuclear transmission of fuel,
the Price-Anderson Act does provide for compensation. It simply
provides that it is done through a process that will provide immediate
compensation to victims, rather than forcing them into expensive and
protracted litigation.
Again, this is an issue that has been debated hotly over two
Congresses. It will be visited again in the reauthorization of the
Price-Anderson Act before transportation begins, and the impression
that was tried to be made by those who debated in favor of this motion
that there is no compensation for victims of such accidents is simply
false. There is a system of compensation in place. This amendment
should be rejected.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield to the gentleman
from Texas [Mr. Hall], my ranking member.
Mr. HALL of Texas. Mr. Speaker, the only change that I see in this is
that it amends the Price-Anderson Act. That is an act that we very
carefully crafted over two Congresses. There has been no hearing on
this amendment. All in the world this is, by a very clever and
articulate and a fine Member of Congress, it is a last gasp, the last
grasp, the last opportunity to derail us finding a place for the
nuclear waste. That is absolutely all it is.
The purpose of the Price-Anderson Act is to provide a means of
quickly compensating the victims of a nuclear accident. Let me say
this: This amendment, this motion, is not timely, it is not necessary,
and it is not debated. There has been absolutely no hearing on it.
The Price-Anderson Act has to be reauthorized by the year 2002.
Nuclear waste shipments will not begin until 2002, so there is no
reason to act on this amendment today, since transportation will not
begin until 5 long years from now. Why the urgency this afternoon? It
is just to derail this amendment today. It is very clever, very well
presented, but it just does not hold up.
The situation could be different 5 years from now. At least the
committee system would have 60 long months to work, to hear, to notify
and have input from people more knowledgeable than any of us here. I
think it is unnecessary, it is dangerous, it is untimely, and it is
unneeded. I urge that we defeat it.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield to the gentleman
from Illinois [Mr. Hastert].
Mr. HASTERT. Mr. Speaker, I thank the gentleman for yielding to me.
I would like to have the Members' attention for just a minute. I am
not going to yell, wail, or scream. I just want to tell the Members
what the facts are.
Mr. Speaker, the Price-Anderson Act was enacted between the 100th and
101st Congresses on a bipartisan basis so people, if there was a
nuclear accident, people could get compensation immediately. What this
amendment would do, the amendment offered by the gentleman from
Massachusetts [Mr. Markey], it would throw things into the courts. It
may be 5 years or 6 years or 10 years before anybody would ever get
compensated if, in fact, there ever was a nuclear accident, and there
has not been.
So what the gentleman from Massachusetts [Mr. Markey] would like to
do is to hand this over to the trial lawyers, to the courts, to the
private settlement issue, and not get victims compensated immediately.
What we are asking in this bill, what the Price-Anderson Act does, is
compensate victims immediately so they can take care of their health
problems or their physical problems, or any property damage that they
received. This amendment ought to stay in place. Price-Anderson ought
to stay in place, and we should reject the Markey amendment.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.

Recorded Vote

Mr. MARKEY. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to the provisions of clause 5 of
rule XV, the Chair announces that he will reduce to a minimum of 5
minutes the period of time within which a vote by electronic device, if
ordered, will be taken on the question of passage of the bill.
The vote was taken by electronic device, and there were--ayes 142,
noes 283, not voting 7, as follows:

[Roll No. 556]

AYES--142

Abercrombie
Ackerman
Andrews
Baesler
Barrett (WI)
Becerra
Bentsen
Berman
Blagojevich
Blumenauer
Borski
Boswell
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Carson
Clay
Clayton
Conyers
Coyne
Cummings
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Dingell
Dixon
Doggett
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Filner
Flake
Furse
Gejdenson
Gephardt
Gibbons
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hinchey
Hinojosa
Hooley
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Lewis (GA)
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McKeon
McKinney
McNulty
Meehan
Meek
Millender-McDonald
Miller (CA)
Mink
Moakley
Nadler
Neal
Ney
Oberstar
Obey
Owens
Pallone
Pascrell
Paul
Payne
Pelosi
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Sabo
Sanchez
Sanders
Sawyer
Schumer
Serrano
Shays
Sherman
Skaggs
Slaughter
Smith (NJ)
Smith, Adam
Souder
Stark
Stokes
Strickland
Talent
Tauscher
Thompson
Thurman
Tierney
Torres
Velazquez
Vento
Visclosky
Waters
Waxman
Weygand
Wolf
Woolsey
Yates

NOES--283

Aderholt
Allen
Archer
Armey
Bachus
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Berry
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Boucher
Boyd
Brady
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Etheridge
Everett
Ewing
Fawell
Fazio
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Greenwood
Gutknecht
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, Sam
Jones

[[Page H9771]]

Kasich
Kelly
Kildee
Kilpatrick
Kim
King (NY)
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manton
Manzullo
Mascara
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McIntyre
Menendez
Metcalf
Mica
Miller (FL)
Minge
Mollohan
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nethercutt
Neumann
Northup
Norwood
Nussle
Olver
Ortiz
Oxley
Packard
Pappas
Parker
Pastor
Paxon
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Radanovich
Ramstad
Redmond
Regula
Riggs
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Ryun
Salmon
Sandlin
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Scott
Sensenbrenner
Sessions
Shadegg
Shaw
Shimkus
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Snyder
Solomon
Spence
Spratt
Stabenow
Stearns
Stenholm
Stump
Stupak
Sununu
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thune
Tiahrt
Towns
Traficant
Turner
Upton
Walsh
Wamp
Watkins
Watt (NC)
Watts (OK)
Weller
Wexler
White
Whitfield
Wicker
Wise
Wynn
Young (AK)
Young (FL)

NOT VOTING--7

Bonior
Cubin
Foglietta
Gonzalez
Schiff
Weldon (FL)
Weldon (PA)

{time} 1715

Mr. STRICKLAND changed his vote from ``no'' to ``aye.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Hayworth). The question is on passage of
the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.

Recorded Vote

Mr. MARKEY. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 307,
noes 120, not voting 6, as follows:

[Roll No. 557]

AYES--307

Aderholt
Allen
Archer
Armey
Bachus
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berry
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Boyd
Brady
Brown (FL)
Brown (OH)
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clayton
Clement
Clyburn
Coble
Collins
Combest
Cook
Cooksey
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
Etheridge
Everett
Ewing
Fattah
Fawell
Fazio
Flake
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutknecht
Hall (TX)
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Hill
Hilleary
Hilliard
Hinojosa
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kennelly
Kildee
Kilpatrick
Kim
Kind (WI)
King (NY)
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Luther
Maloney (CT)
Maloney (NY)
Manton
Manzullo
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDade
McHugh
McInnis
McIntyre
Meek
Menendez
Metcalf
Mica
Miller (FL)
Minge
Mollohan
Moran (KS)
Morella
Murtha
Myrick
Neal
Nethercutt
Neumann
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Oxley
Packard
Pappas
Parker
Pastor
Paxon
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quinn
Ramstad
Redmond
Regula
Riggs
Riley
Rodriguez
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Ryun
Salmon
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Scott
Sensenbrenner
Sessions
Shadegg
Shaw
Shimkus
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Smith, Linda
Snowbarger
Snyder
Solomon
Spence
Spratt
Stabenow
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thompson
Thornberry
Thune
Thurman
Tiahrt
Towns
Traficant
Turner
Upton
Vento
Visclosky
Walsh
Wamp
Watt (NC)
Watts (OK)
Weller
Wexler
White
Whitfield
Wicker
Wolf
Wynn
Young (AK)
Young (FL)

NOES--120

Abercrombie
Ackerman
Andrews
Baesler
Barrett (WI)
Becerra
Berman
Blagojevich
Blumenauer
Bonilla
Boswell
Brown (CA)
Carson
Clay
Condit
Conyers
Coyne
Cummings
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dellums
Dixon
Doggett
English
Ensign
Eshoo
Evans
Farr
Filner
Foglietta
Furse
Gephardt
Gibbons
Gutierrez
Hall (OH)
Hamilton
Hansen
Harman
Hastings (FL)
Herger
Hinchey
Hooley
Jackson (IL)
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kleczka
Kucinich
LaFalce
Lampson
Lantos
Lewis (CA)
Lewis (GA)
Lofgren
Lowey
Lucas
Markey
Martinez
McDermott
McGovern
McHale
McIntosh
McKeon
McKinney
McNulty
Meehan
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran (VA)
Nadler
Ney
Owens
Pallone
Pascrell
Paul
Payne
Pease
Pelosi
Pombo
Radanovich
Rahall
Rangel
Reyes
Rivers
Roemer
Rothman
Roybal-Allard
Sabo
Sanchez
Sanders
Schumer
Serrano
Shays
Sherman
Skaggs
Slaughter
Smith (NJ)
Smith, Adam
Souder
Stark
Stokes
Talent
Tauscher
Tierney
Torres
Velazquez
Waters
Watkins
Waxman
Weygand
Wise
Woolsey
Yates

NOT VOTING--6

Coburn
Cubin
Gonzalez
Schiff
Weldon (FL)
Weldon (PA)

{time} 1727

Messrs. BRYANT, CHRISTENSEN, and McCRERY changed their vote from
``no'' to ``aye.''
So the bill was passed.
The result of vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________