[Congressional Record Volume 149, Number 132 (Wednesday, September 24, 2003)]
[House]
[Pages H8875-H8878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                WATER RESOURCES DEVELOPMENT ACT OF 2003

  The SPEAKER pro tempore. Pursuant to House Resolution 375 and rule 
XVIII, 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. 2557.

                              {time}  1738


                     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. 2557) to provide for the conservation and development of 
water and related resources, to authorize the Secretary of the Army to 
construct various projects for improvements to rivers and harbors of 
the United States, and for other purposes, with Mr. Hastings (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, amendment No. 3 printed in House Report 108-282 offered 
by the gentleman from California (Mr. Rohrabacher) had been debated.
  The question is on the amendment offered by the gentleman from 
California (Mr. Rohrabacher).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. ROHRABACHER. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 65, 
noes 359, not voting 10, as follows:

                             [Roll No. 518]

                                AYES--65

     Abercrombie
     Akin
     Bartlett (MD)
     Barton (TX)
     Burr
     Burton (IN)
     DeFazio
     DeLauro
     Doolittle
     Emerson
     Farr
     Foley
     Franks (AZ)
     Gingrey
     Green (WI)
     Gutknecht
     Hall
     Hart
     Hastings (FL)
     Hayworth
     Hefley
     Hobson
     Holden
     Hostettler
     Hunter
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kilpatrick
     King (IA)
     Kucinich
     Langevin
     Lantos
     Larson (CT)
     McNulty
     Musgrave
     Nadler
     Neugebauer
     Olver
     Otter
     Pence
     Petri
     Pitts
     Pombo
     Radanovich
     Renzi
     Rohrabacher
     Royce
     Ryan (WI)
     Sabo
     Sanders
     Sensenbrenner
     Shays
     Sherman
     Slaughter
     Smith (MI)
     Stark
     Tancredo
     Taylor (MS)
     Taylor (NC)
     Wamp

                               NOES--359

     Ackerman
     Aderholt
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Barrett (SC)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins

[[Page H8876]]


     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeGette
     Delahunt
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Fletcher
     Forbes
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Harman
     Harris
     Hastings (WA)
     Hayes
     Hensarling
     Herger
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Hoekstra
     Holt
     Honda
     Hooley (OR)
     Houghton
     Hoyer
     Hulshof
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (IL)
     Johnson, E. B.
     Keller
     Kelly
     Kennedy (MN)
     Kildee
     Kind
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Myrick
     Napolitano
     Neal (MA)
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Ortiz
     Ose
     Owens
     Oxley
     Pallone
     Pascrell
     Paul
     Payne
     Pearce
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Pickering
     Platts
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryun (KS)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tanner
     Tauscher
     Tauzin
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Bishop (UT)
     Conyers
     Gephardt
     Lewis (GA)
     Osborne
     Pastor
     Reyes
     Rodriguez
     Walsh
     Weller


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Hastings of Washington) (during the 
vote). Members are advised 2 minutes remain in this vote.

                              {time}  1802

  Mrs. JO ANN DAVIS of Virginia, Mr. MILLER of North Carolina, and Mr. 
SCHIFF changed their vote from ``aye'' to ``no.''
  Messrs. GREEN of Wisconsin, McNULTY, Ryan of Wisconsin, JONES of 
North Carolina, OLVER, NEUGEBAUER, HOLDEN and BURR, Mrs. JONES of Ohio, 
Ms. HART, and Ms. DeLAURO changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. WELLER. Mr. Chairman, on rollcall No. 518 I was unavoidably 
detained. Had I been present, I would have voted ``no.''
  The CHAIRMAN pro tempore (Mr. Hastings of Washington). Pursuant to 
the order of the House of today, it is now in order to consider 
amendment No. 2 printed in House Report 108-282.


                  Amendment No. 2 Offered by Mr. Kind

  Mr. KIND. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Kind:
       Page 56, strike lines 8 through 22 and insert the 
     following:
       ``(3) Completion of mitigation.--To ensure concurrent 
     mitigation, the Secretary shall implement at least 50 percent 
     of required mitigation before beginning project construction 
     and shall implement the remainder of required mitigation as 
     expeditiously as practical, but not later than--
       ``(A) the last day of construction of the project or 
     separable element of the project; or
       ``(B) in those instances in which it is not technically 
     practicable to complete mitigation concurrent with the last 
     day of project construction because of the nature of the 
     mitigation to be undertaken, as expeditiously as practicable, 
     but in no case later than the last day of the first fiscal 
     year beginning after the last day of construction of the 
     project or separable element of the project.''.
       (b) Full Mitigation Plan Contents.--Section 906(d) of such 
     Act (33 U.S.C. 2283(d)) is amended--
       (1) in the first sentence of paragraph (1)(A)--
       (A) by inserting after ``Congress'' the following: ``, and 
     shall not choose a project alternative in any final record of 
     decision, environmental impact statement, or environmental 
     assessment,'';
       (B) by striking ``a recommendation with''; and
       (C) by inserting ``fully'' before ``mitigate''; and
       (2) by adding at the end the following:
       ``(3) Standards for mitigation.--
       ``(A) In general.--To fully mitigate fish and wildlife 
     impacts, the Secretary shall develop and implement mitigation 
     plans under paragraph (1) that will--
       ``(i) acquire and restore at least one acre of superior or 
     equivalent habitat of the same type to replace each acre of 
     habitat negatively affected by the project; and
       ``(ii) implement additional activities necessary to ensure 
     that mitigation will result in replacement of all functions 
     of the habitat negatively affected by the project, including 
     spatial distribution and natural hydrologic and ecological 
     characteristics.
       ``(B) Probability of success.--A mitigation plan submitted 
     by the Secretary under paragraph (1) shall have a high 
     probability of successfully mitigating the adverse impacts of 
     the project on aquatic and other resources, hydrologic 
     functions, and fish and wildlife.
       ``(4) Mitigation plan contents.--A mitigation plan shall 
     include--''.
       Page 57, line 15, strike ``any necessary''.
       Page 57, line 20, strike ``(4)'' and insert ``(5)''.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 375, the 
gentleman from Wisconsin (Mr. Kind) and the gentleman from Tennessee 
(Mr. Duncan) each will control 10 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. Kind).
  Mr. KIND. Mr. Chairman, I yield myself such time as I may consume.
  Let me thank my friend, the gentleman from Tennessee (Mr. Duncan), 
for the courtesy and consideration that he is showing in allowing this 
brief discussion.
  It is my intent that after a brief debate on this amendment I will 
ask unanimous consent to withdraw and we will go to final passage at 
this time.
  Mr. Chairman, let me first of all commend the work that the Committee 
on Transportation and Infrastructure has done on this important piece 
of legislation. I think it is a good bill. It is a bill that can be 
made better. I think there has been important progress in a variety of 
areas, especially the provisions relating to the Corps of Engineers 
reform.
  Mr. Chairman, I believe that the inclusion of these critical Corps 
reform measures demonstrate a critical recognition that reforms are 
necessary in how the Corps of Engineers conducts their projects 
throughout the country and accomplish many of the goals that I set 
forth nearly 4 years ago when I introduced the Army Corps of Engineer 
Reform Act of 2000.
  These efforts are an important first step towards assuring that the 
Corps properly plans, constructs, and operates projects and provides 
Congress with accurate information.
  My amendment, Mr. Chairman, briefly would build on the committee's 
efforts to improve the Corps record on mitigation of civil works 
projects. The committee took an important step in requiring the Corps 
to include critical information in its mitigation plans. Unfortunately, 
I do not think it goes quite far enough.
  I am hoping that we can keep an open mind as the Senate begins their 
work on WRDA and as we enter the

[[Page H8877]]

conference committee that perhaps some more improvements can be made 
with the Corps reforms that are recommended in this base bill.
  The Corps track record on mitigation certainly needs improvement. In 
May 2002, the General Accounting Office reported that the Corps had 
proposed no mitigation for almost 70 percent of its projects. In 
addition, despite the existing requirement that the Corps carry out its 
mitigation concurrently with project construction, the GAO also 
reported that the Corps has not done so for over 80 percent of the 
projects where mitigation is supposed to occur.
  Mr. Chairman, failure to properly mitigate has real implications for 
the Nation's health and economic well-being. For example, when wetlands 
losses are not mitigated, water quality is harmed, water supplies are 
strained, flood damage increases, and wildlife is harmed. Wetlands 
filter pollutants from water, absorb and slow the release of storm 
runoff, recharge aquifers, provide crucial wildlife habitat for 
millions of migrating waterfowl, shore birds, and other species and 
provide recreation and enjoyment to millions of Americans who visit 
wetlands areas throughout the year. We must correct this situation and 
quickly.
  My amendment to section 2030 would do so by requiring the Corps to 
first fully mitigate habitat loss from the construction of Corps 
projects by replacing at a minimum each acre of damaged habitat with an 
equivalent or superior acre of habitat.
  Second, complete at least 50 percent of mitigation before 
construction begins with the remainder to be completed when the project 
construction is complete wherever it is physically possible.
  Third, to prepare detailed mitigation plans that have a high 
likelihood of successfully replacing loss values and that require 
monitoring to ensure success.
  I wish to emphasize that these recommendations are not mine alone but 
are also those from a panel of experts of the National Academies of 
Research Council. Speaking to the specific issue of compensating for 
wetland loss, the NRC's Water Science and Technology Board recommended, 
``Restoration and creation of wetlands should occur simultaneously or 
before the filling of the natural wetland and according to established 
design criteria that are better monitored and enforced.''
  Again, I would reiterate that hopefully we can keep an open mind as 
we move forward with the work of the Senate and begin work on the 
conference report whenever that might occur so we can improve upon, I 
think, significant improvements that have been made in the area of 
Corps reform and perhaps produce a better bill at the end of the day 
for the protection of wetlands and habitats throughout our country.
  Mr. Chairman, I reserve the balance of my time.
  Mr. DUNCAN. Mr. Chairman, I yield myself such time as I may consume.
  (Mr. DUNCAN asked and was given permission to revise and extend his 
remarks.)
  Mr. DUNCAN. Mr. Chairman, I understand the gentleman is going to 
withdraw his amendment, so just let me very briefly and quickly say 
that many groups and Members started out far apart on different issues 
involved in this legislation, but we came together in the spirit of 
bipartisanship and arrived at a bill that all the members of the 
Committee on Transportation and Infrastructure supported, that the 
leadership on both sides support. We had groups like the Chamber of 
Commerce, the Farm Bureau, all the environmental groups. And the 
environmental groups and the business groups came together to endorse 
this bill. It is almost unprecedented. So we came up with the most 
environmentally friendly bill that has ever been produced, I think, in 
a Water Resources Development Act. So I think it is a bill that can be 
supported proudly by Members on all sides.
  Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
  Mr. DUNCAN. I will gladly yield to the gentleman from Minnesota, the 
ranking member of the committee.
  Mr. OBERSTAR. Mr. Chairman, I thank the chairman for his statement 
about the diligent work of the committee and in addressing the resource 
issues in a very comprehensive manner. Of course, there is always more 
that can be done, but we have created a platform and a structure within 
which this program can be improved.
  The reference of the gentleman from Wisconsin to concurrency of 
mitigation efforts with construction is a matter that the former Member 
from Minnesota, Congressman Quee, Republican from southeastern 
Minnesota, and I crafted into a water resources bill in 1977, but it 
has taken years to get the corps to actually carry out that 
responsibility. So it is evidence that we need to proceed further.
  But the discussion of the gentleman from Wisconsin sets the stage and 
lays the groundwork for this committee to continue to address this 
matter in future legislation and future form.
  Mr. DUNCAN. Mr. Chairman, I yield back the balance of my time.
  Mr. KIND. Mr. Chairman, I yield 2 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Chairman, I appreciate the gentleman's courtesy 
in yielding me this time, and given the lateness of the hour, I will be 
brief. But I think what we are doing here this afternoon is a metaphor 
for why we have the problem that we have and why we need to consider 
something like the gentleman's amendment.
  There is never a good time to deal with mitigation, yet there are 
people in this Chamber who represent tens of thousands of Americans who 
are worse off today because of the hurricane flooding, because over the 
last 200 years we have filled over one-half of our country's wetlands. 
This is nature's sponge. This buffers storm surges. This slows the 
release of flood water. And despite the good intentions, we never quite 
get there.
  The gentleman has pointed out that 70 percent of the corps' projects 
have exactly zero mitigation, and very little follow-up occurs to make 
sure that the mitigation that is established actually happens. I 
appreciate what our subcommittee Chair has said, the ranking member, 
and the spirit with which this has been offered; but I hope that 
Members of this Chamber who have constituents that are flooded out 
tonight or that are going to have constituents that will be flooded in 
6 months or a year, who are going to be dealing with massive 
supplemental budgets to deal with the problems of how we have not 
properly dealt with water resources, will remember this time, and we 
will come forward where we are dealing realistically with mitigation 
and give the American public the type of protection they need and the 
environment the consideration that it deserves.
  Mr. KIND. Mr. Chairman, I yield myself such time as I may consume, 
and again I want to thank my friend from Tennessee for the courtesy he 
has shown and my colleagues for their patience.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN pro tempore. Without objection, the amendment is 
withdrawn.
  There was no objection.
  The CHAIRMAN pro tempore. There being no further amendments, 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 pro tempore. Under the rule, the committee rises.

                              {time}  1815

  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Ose) having assumed the chair, Mr. Hastings of Washington, 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. 2557) to provide for the conservation and development of water 
and related resources, to authorize the Secretary of the Army to 
construct various projects for improvements to rivers and harbors of 
the United States, and for other purposes, pursuant to House Resolution 
375, 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

[[Page H8878]]

adopted by the Committee of the Whole? If not, the question is on the 
committee amendment in the nature of a substitute.
  The committee amendment in the nature of a substitute was agreed to.


                    Amendment Offered by Mr. Duncan

  Mr. DUNCAN. Mr. Speaker, I ask unanimous consent that the further 
amendment I have placed at the desk be considered as adopted.
  The Clerk read as follows:

       Amendment offered by Mr. Duncan:
       On page 121, line 5, strike the sentence that begins with 
     ``In carrying out'' and all that follows through line 6.

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  Mr. OBERSTAR. Mr. Speaker, reserving the right to object, I reserve 
the right to object for the purpose of establishing the concurrence of 
the gentleman from Tennessee (Mr. Duncan) that the unanimous consent 
request to strike the language referred to in the gentleman's amendment 
does not create legislative history on the subject and is not 
indicative of legislative intent; and, further, any prior or subsequent 
discussion of this provision does not constitute legislative intent.
  Mr. DUNCAN. Mr. Speaker, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Tennessee.
  Mr. DUNCAN. Mr. Speaker, I agree with the statement by the ranking 
member, the gentleman from Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. Mr. Speaker, I withdraw my reservation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection. Accordingly, the further amendment was 
adopted.
  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. DUNCAN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 412, 
noes 8, not voting 14, as follows:

                             [Roll No. 519]

                               AYES--412

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Feeney
     Ferguson
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--8

     Andrews
     Flake
     Franks (AZ)
     Hostettler
     Paul
     Sensenbrenner
     Shadegg
     Stearns

                             NOT VOTING--14

     Bishop (UT)
     Davis (FL)
     Fattah
     Gephardt
     Gibbons
     Harris
     Knollenberg
     Lewis (GA)
     Murtha
     Osborne
     Pastor
     Reyes
     Rodriguez
     Tancredo


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Ose) (during the vote). Members are 
advised there are 2 minutes remaining in this vote.

                              {time}  1834

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. GIBBONS. Mr. Speaker, on rollcall No. 519 I was inadvertently 
detained. Had I been present, I would have voted ``aye.''

                          ____________________