[Congressional Record Volume 150, Number 90 (Friday, June 25, 2004)]
[House]
[Pages H5119-H5131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005

  The SPEAKER pro tempore. Pursuant to House Resolution 694 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. 4614.

                              {time}  1311


                     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. 4614) making appropriations for energy and water 
development for the fiscal year ending September 30, 2005, and for 
other purposes, with Mrs. Biggert (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, a recorded vote demanded on the amendment offered by the 
gentlewoman from New Mexico (Mrs. Wilson) had been postponed.
  Pursuant to the order of the House of today, the bill shall be 
considered as read and open for amendment at any point from page 19, 
line 16 through the end of the bill.
  The text of the bill from page 19, line 16 through the end of the 
bill is as follows:

                Non-Defense Site Acceleration Completion

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     management site acceleration completion activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $151,850,000, to remain available until 
     expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions, and other activities of title II of the Atomic 
     Energy Act of 1954, as amended, and title X, subtitle A, of 
     the Energy Policy Act of 1992, $500,200,000, to be derived 
     from the Fund, to remain available until expended, of which 
     $100,614,000 shall be available in accordance with title X, 
     subtitle A, of the Energy Policy Act of 1992.

                   Non-Defense Environmental Services

       For Department of Energy expenses necessary for non-defense 
     environmental services activities that indirectly support the 
     accelerated cleanup and closure mission at environmental 
     management sites, including the purchase, construction, and 
     acquisition of plant and capital equipment and other 
     necessary expenses, $291,296,000, to remain available until 
     expended.

                                Science

       For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for science activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not to exceed four passenger motor 
     vehicles for replacement only, including one ambulance, 
     $3,599,964,000, to remain available until expended.

                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     (not to exceed $35,000), $243,876,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511 et seq.): Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended: 
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $122,000,000 in 
     fiscal year 2005 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302: Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of miscellaneous revenues received during fiscal 
     year 2005, and any related unappropriated receipt account 
     balances remaining from prior years' miscellaneous revenues, 
     so as to result in a final fiscal year 2005 appropriation 
     from the general fund estimated at not more than 
     $121,876,000.

                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $41,508,000, to remain 
     available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and

[[Page H5120]]

     other incidental expenses necessary for atomic energy defense 
     weapons activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion; and the purchase of 
     not to exceed 19 passenger motor vehicles, for replacement 
     only, including not to exceed two buses; $6,514,424,000 to 
     remain available until expended.

                    Defense Nuclear Nonproliferation

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense, defense nuclear nonproliferation activities, in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $1,348,647,000, to remain available until 
     expended.

                             Naval Reactors

       For Department of Energy expenses necessary for naval 
     reactors activities to carry out the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition (by purchase, condemnation, construction, or 
     otherwise) of real property, plant, and capital equipment, 
     facilities, and facility expansion, $807,900,000, to remain 
     available until expended.

                      Office of the Administrator

       For necessary expenses of the Office of the Administrator 
     in the National Nuclear Security Administration, including 
     official reception and representation expenses (not to exceed 
     $12,000), $356,200,000, to remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                  Defense Site Acceleration Completion

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense site 
     acceleration completion activities in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the acquisition or 
     condemnation of any real property or any facility or for 
     plant or facility acquisition, construction, or expansion, 
     $5,930,837,000, to remain available until expended.

                     Defense Environmental Services

       For Department of Energy expenses necessary for defense-
     related environmental services activities that indirectly 
     support the accelerated cleanup and closure mission at 
     environmental management sites, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other necessary expenses, and the purchase of not to 
     exceed three ambulances for replacement only, $957,976,000, 
     to remain available until expended.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses, necessary for atomic energy defense, 
     other defense activities, and classified activities, in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $697,059,000, to remain available until 
     expended.

                     Defense Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $131,000,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     official reception and representation expenses in an amount 
     not to exceed $1,500. During fiscal year 2005, no new direct 
     loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, including transmission wheeling and ancillary 
     services, pursuant to the provisions of section 5 of the 
     Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southeastern power area, $5,200,000, to remain available 
     until expended: Provided, That, notwithstanding the 
     provisions of 31 U.S.C. 3302, up to $34,000,000 collected by 
     the Southeastern Power Administration pursuant to the Flood 
     Control Act of 1944 to recover purchase power and wheeling 
     expenses shall be credited to this account as offsetting 
     collections, to remain available until expended for the sole 
     purpose of making purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, for construction and acquisition of transmission 
     lines, substations and appurtenant facilities, and for 
     administrative expenses, including official reception and 
     representation expenses in an amount not to exceed $1,500 in 
     carrying out the provisions of section 5 of the Flood Control 
     Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
     power area, $29,352,000, to remain available until expended: 
     Provided, That, notwithstanding the provisions of 31 U.S.C. 
     3302, up to $1,800,000 collected by the Southwestern Power 
     Administration pursuant to the Flood Control Act of 1944 to 
     recover purchase power and wheeling expenses shall be 
     credited to this account as offsetting collections, to remain 
     available until expended for the sole purpose of making 
     purchase power and wheeling expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7152), and other related activities including conservation 
     and renewable resources programs as authorized, including 
     official reception and representation expenses in an amount 
     not to exceed $1,500, $173,100,000, to remain available until 
     expended, of which $170,756,000 shall be derived from the 
     Department of the Interior Reclamation Fund: Provided, That, 
     notwithstanding the provisions of 31 U.S.C. 3302, up to 
     $186,000,000 collected by the Western Area Power 
     Administration pursuant to the Flood Control Act of 1944 and 
     the Reclamation Project Act of 1939 to recover purchase power 
     and wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures.

           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $2,827,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 423 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101 et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses (not to exceed $3,000), $210,000,000, 
     to remain available until expended: Provided, That, 
     notwithstanding any other provision of law, not to exceed 
     $210,000,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2005 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated from the general fund shall be 
     reduced as revenues are received during fiscal year 2005 so 
     as to result in a final fiscal year 2005 appropriation from 
     the general fund estimated at not more than $0.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

       Sec. 301. (a)(1) None of the funds in this or any other 
     appropriations Act for fiscal year 2005 or any previous 
     fiscal year may be used to make payments for a noncompetitive 
     management and operating contract unless the Secretary of 
     Energy has published in the Federal Register and submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate a written notification, with 
     respect to each such contract, of the Secretary's decision to 
     use competitive procedures for the award of the contract, or 
     to not renew the contract, when the term of the contract 
     expires.
       (2) Paragraph (1) does not apply to an extension for up to 
     two years of a noncompetitive management and operating 
     contract, if the extension is for purposes of allowing time 
     to award competitively a new contract, to provide continuity 
     of service between contracts, or to complete a contract that 
     will not be renewed.
       (b) In this section:
       (1) The term ``noncompetitive management and operating 
     contract'' means a contract that was awarded more than 50 
     years ago without competition for the management and 
     operation of Ames Laboratory, Argonne National Laboratory, 
     Lawrence Berkeley National Laboratory, Lawrence Livermore 
     National Laboratory, and Los Alamos National Laboratory.
       (2) The term ``competitive procedures'' has the meaning 
     provided in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403) and includes procedures described 
     in section 303 of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253) other than a procedure 
     that solicits a proposal from only one source.
       (c) For all management and operating contracts other than 
     those listed in subsection (b)(1), none of the funds 
     appropriated by this Act may be used to award a management 
     and operating contract, or award a significant extension or 
     expansion to an existing management and operating contract, 
     unless such contract is awarded using competitive procedures 
     or the Secretary of Energy grants, on

[[Page H5121]]

     a case-by-case basis, a waiver to allow for such a deviation. 
     The Secretary may not delegate the authority to grant such a 
     waiver. At least 60 days before a contract award for which 
     the Secretary intends to grant such a waiver, the Secretary 
     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate a report notifying the 
     Committees of the waiver and setting forth, in specificity, 
     the substantive reasons why the Secretary believes the 
     requirement for competition should be waived for this 
     particular award.
       Sec. 302. None of the funds appropriated by this Act may be 
     used to--
       (1) develop or implement a workforce restructuring plan 
     that covers employees of the Department of Energy; or
       (2) provide enhanced severance payments or other benefits 
     for employees of the Department of Energy under section 3161 
     of the National Defense Authorization Act for Fiscal Year 
     1993 (P.L. 102-484; 42 U.S.C. 7274h).
       Sec. 303. None of the funds appropriated by this Act may be 
     used to augment the funds made available for obligation by 
     this Act or any other appropriations Act for fiscal year 2005 
     or any previous fiscal year for severance payments and other 
     benefits and community assistance grants under section 3161 
     of the National Defense Authorization Act for Fiscal Year 
     1993 (P.L. 102-484; 42 U.S.C. 7274h) unless the Department of 
     Energy submits a reprogramming request subject to approval by 
     the appropriate congressional committees.
       Sec. 304. None of the funds appropriated by this Act may be 
     used to prepare or initiate Requests For Proposals (RFPs) for 
     a program if the program has not been funded by Congress.


                   (transfers of unexpended balances)

       Sec. 305. The unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this title. Balances so transferred may be merged 
     with funds in the applicable established accounts and 
     thereafter may be accounted for as one fund for the same time 
     period as originally enacted.
       Sec. 306. None of the funds in this or any other Act for 
     the Administrator of the Bonneville Power Administration may 
     be used to enter into any agreement to perform energy 
     efficiency services outside the legally defined Bonneville 
     service territory, with the exception of services provided 
     internationally, including services provided on a 
     reimbursable basis, unless the Administrator certifies in 
     advance that such services are not available from private 
     sector businesses.
       Sec. 307. When the Department of Energy makes a user 
     facility available to universities or other potential users, 
     or seeks input from universities or other potential users 
     regarding significant characteristics or equipment in a user 
     facility or a proposed user facility, the Department shall 
     ensure broad public notice of such availability or such need 
     for input to universities and other potential users. When the 
     Department of Energy considers the participation of a 
     university or other potential user as a formal partner in the 
     establishment or operation of a user facility, the Department 
     shall employ full and open competition in selecting such a 
     partner. For purposes of this section, the term ``user 
     facility'' includes, but is not limited to: (1) a user 
     facility as described in section 2203(a)(2) of the Energy 
     Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National 
     Nuclear Security Administration Defense Programs Technology 
     Deployment Center/User Facility; and (3) any other 
     Departmental facility designated by the Department as a user 
     facility.
       Sec. 308. The Administrator of the National Nuclear 
     Security Administration may authorize the manager of a 
     covered nuclear weapons research, development, testing or 
     production facility to engage in research, development, and 
     demonstration activities with respect to the engineering and 
     manufacturing capabilities at such facility in order to 
     maintain and enhance such capabilities at such facility: 
     Provided, That of the amount allocated to a covered nuclear 
     weapons facility each fiscal year from amounts available to 
     the Department of Energy for such fiscal year for national 
     security programs, not more than an amount equal to 2 percent 
     of such amount may be used for these activities: Provided 
     further, That for purposes of this section, the term 
     ``covered nuclear weapons facility'' means the following:
       (1) the Kansas City Plant, Kansas City, Missouri;
       (2) the Y-12 Plant, Oak Ridge, Tennessee;
       (3) the Pantex Plant, Amarillo, Texas;
       (4) the Savannah River Plant, South Carolina; and
       (5) the Nevada Test Site.
       Sec. 309. Funds appropriated by this or any other Act, or 
     made available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2005 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2005.
       Sec. 310. None of the funds made available in this or any 
     other appropriations Act for fiscal year 2005 or any previous 
     fiscal year may be used to select a site for a Modern Pit 
     Facility during fiscal year 2005.
       Sec. 311. None of the funds made available in this Act for 
     fiscal year 2005 or any previous fiscal year may be used to 
     finance laboratory directed research and development 
     activities at Department of Energy laboratories on behalf of 
     other Federal agencies.
       Sec. 312. (a) None of the funds made available by this Act 
     may be used to issue any license, approval, or authorization 
     for the export or reexport, or transfer, or retransfer, 
     whether directly or indirectly, of nuclear materials and 
     equipment or sensitive nuclear technology, including items 
     and assistance authorized by section 57 b. of the Atomic 
     Energy Act of 1954 and regulated under part 810 of title 10, 
     Code of Federal Regulations, and nuclear-related items on the 
     Commerce Control List maintained under part 774 of title 15 
     of the Code of Federal Regulations, to any country whose 
     government has been identified by the Secretary of State as 
     engaged in state sponsorship of terrorist activities 
     (specifically including any country the government of which 
     has been determined by the Secretary of State under section 
     620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371(a)), section 6(j)(1) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the 
     Arms Export Control Act (22 U.S.C. 2780(d)) to have 
     repeatedly provided support for acts of international 
     terrorism).
       (b) This section shall not apply to exports, reexports, 
     transfers, or retransfers of radiation monitoring 
     technologies, surveillance equipment, seals, cameras, tamper-
     indication devices, nuclear detectors, monitoring systems, or 
     equipment necessary to safely store, transport, or remove 
     hazardous materials, whether such items, services, or 
     information are regulated by the Department of Energy, the 
     Department of Commerce, or the Nuclear Regulatory Commission, 
     except to the extent that such technologies, equipment, 
     seals, cameras, devices, detectors, or systems are available 
     for use in the design or construction of nuclear reactors or 
     nuclear weapons.
       (c) The President may waive the application of subsection 
     (a) to a country if the President determines and certifies to 
     Congress that the waiver will not result in any increased 
     risk that the country receiving the waiver will acquire 
     nuclear weapons, nuclear reactors, or any materials or 
     components of nuclear weapons and--
       (1) the government of such country has not within the 
     preceding 12-month period willfully aided or abetted the 
     international proliferation of nuclear explosive devices to 
     individuals or groups or willfully aided and abetted an 
     individual or groups in acquiring unsafeguarded nuclear 
     materials;
       (2) in the judgment of the President, the government of 
     such country has provided adequate, verifiable assurances 
     that it will cease its support for acts of international 
     terrorism;
       (3) the waiver of that subsection is in the vital national 
     security interest of the United States; or
       (4) such a waiver is essential to prevent or respond to a 
     serious radiological hazard in the country receiving the 
     waiver that may or does threaten public health and safety.
       (d) This section shall apply with respect to exports that 
     have been approved for transfer as of the date of the 
     enactment of this Act but have not yet been transferred as of 
     that date.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, for necessary expenses for the Federal Co-Chairman 
     and the alternate on the Appalachian Regional Commission, for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 5 
     U.S.C. 3109 and hire of passenger motor vehicles, 
     $38,500,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board


                         Salaries and Expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by Public Law 100-456, 
     section 1441, $20,268,000, to remain available until 
     expended.

                        Delta Regional Authority


                         salaries and expenses

       For necessary expenses of the Delta Regional Authority and 
     to carry out its activities, as authorized by the Delta 
     Regional Authority Act of 2000, as amended, notwithstanding 
     sections 382C(b)(2), 382F(d), and 382M(b) of said Act, 
     $2,096,000, to remain available until expended.

                     Nuclear Regulatory Commission


                         salaries and expenses

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $15,000), and purchase of promotional items for use in the 
     recruitment of individuals for employment, $662,777,000, to 
     remain available until expended: Provided, That of the amount 
     appropriated herein, $69,050,000 shall be derived from the 
     Nuclear Waste Fund: Provided further, That revenues from 
     licensing fees, inspection services, and other services and 
     collections estimated at $534,354,300 in fiscal year 2005 
     shall be retained and used for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302, and 
     shall remain available until expended: Provided further, That 
     the sum

[[Page H5122]]

     herein appropriated shall be reduced by the amount of 
     revenues received during fiscal year 2005 so as to result in 
     a final fiscal year 2005 appropriation estimated at not more 
     than $128,422,700: Provided further, that none of the funds 
     made available in this Act or any other appropriations Act 
     for fiscal year 2005, or for any previous fiscal year, may be 
     used by the Commission to issue a license during fiscal year 
     2005 to construct or operate a new commercial nuclear power 
     plant in the United States.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $7,518,000, to remain available until 
     expended: Provided, That revenues from licensing fees, 
     inspection services, and other services and collections 
     estimated at $6,766,200 in fiscal year 2005 shall be retained 
     and be available until expended, for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302: 
     Provided further, That the sum herein appropriated shall be 
     reduced by the amount of revenues received during fiscal year 
     2005 so as to result in a final fiscal year 2005 
     appropriation estimated at not more than $751,800.

                  Nuclear Waste Technical Review Board


                         Salaries and Expenses

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, $3,177,000, to be derived from the Nuclear Waste Fund, 
     and to remain available until expended.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. None of the funds appropriated by this Act may be 
     used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in 18 U.S.C. 1913.
       Sec. 502. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in 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 in 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 in 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.
       Sec. 503. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 2005''.

  The CHAIRMAN pro tempore. Points of order against provisions in the 
bill shall be permitted to be raised at any time; no further amendment 
to the bill may be offered, except: pro forma amendments offered by the 
chairman or ranking member of the Committee on Appropriations or their 
designees for the purpose of debate; amendment No. 1, which shall be 
debatable for 10 minutes; an amendment by Mr. Inslee regarding the 
reclassification of nuclear waste, which shall be debatable for 10 
minutes; and an amendment by Mr. Meehan regarding a transfer of funds 
between NNSA and the non-proliferation account, which shall be 
debatable for 20 minutes.
  Each such amendment may be offered only by the member designated in 
this request, or a designee, or the Member who caused it to be printed, 
or a designee, shall be considered as read, shall not be subject to 
amendment, and shall not be subject to a demand for a division of the 
question in the House or in the Committee of the Whole.
  Each amendment shall be debatable for the time specified, equally 
divided and controlled by the proponent and an opponent.


                             Point of Order

  Mr. TOM DAVIS of Virginia. Madam Chairman, I make a point of order.
  The CHAIRMAN pro tempore. The gentleman will state his point of 
order.
  Mr. TOM DAVIS of Virginia. I make a point of order against section 
502. This provision violates clause 2(b) of House Rule XXI. It proposes 
to change existing law and, therefore, constitutes legislation under an 
appropriations bill in violation of House rules.
  The CHAIRMAN pro tempore. Does any Member wish to be heard on the 
point of order?
  Mr. VISCLOSKY. Madam Chairman, if I could ask again which section of 
the bill the gentleman is looking to strike.
  Mr. TOM DAVIS of Virginia. Section 502.
  Mr. VISCLOSKY. Madam Chairman, I do not know if the Chair is going to 
uphold the point of order, but I would simply point out that I think it 
is a very important provision in this bill. I appreciate the fact that 
the chairman included it in this legislation; and I think from a social 
and economic standpoint, it ought to remain in the legislation.
  Section 502, paragraph A states that it is the sense of the Congress 
that to the greatest extent practical, all equipment and products 
purchased with funds made available in this act should be American-
made.

                              {time}  1315

  Subsection C of that same section states that if it has been finally 
determined by a court or Federal agency that any person intentionally 
affects a label bearing ``Made in America'' in description or any in 
description with the same meaning to any product sold or shipped in 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 in this act.
  I understand the gentleman's intent as far as his motion to strike 
relative to jurisdictional issues, but I do believe this is a very key 
and fundamental issue to protect American workers in a living wage in 
the United States of America. And given the problems we have in this 
country as far as outsourcing where you have people intentionally lying 
and violating the law so the United States of America, we ought to 
protect American workers.
  I thank the gentleman from Ohio (Mr. Hobson) for having this measure 
in this legislation.
  The CHAIRMAN pro tempore (Mrs. Biggert). Does anyone else wish to be 
heard on the point of order?
  The gentleman from Ohio (Mr. Hobson) is recognized.
  Mr. HOBSON. Madam Chairman, I have not agreed totally with my ranking 
member, and I understand the chairman's point of order, but we have 
carried this in our bill for a number of years. We think it has been 
very productive to carry this in our bill. As far as I know, in the 
past it has not been challenged and to do so now I think sends the 
wrong messages. But I understand the Chairman's feeling that this is 
legislating on appropriation bills. I think sometimes that may be 
necessary. Maybe we ought to figure out a better way to work with him.
  Mr. TOM DAVIS of Virginia. Madam Chairman, I say to my friend from 
Ohio and my friend from Indiana, they work on our committee. We could 
probably structure something that would accomplish the goals that they 
would like to achieve. But we feel this is legislating on an 
appropriation bill in violation of House rules. Therefore, I would 
insist on my point of order.
  The CHAIRMAN pro tempore. The Chair is prepared to rule.
  The Chair finds this provision expresses a legislative sentiment. The 
provision, therefore, constitutes legislation in violation of clause 2 
of rule XXI.
  The point of order is sustained and the provision is stricken from 
the bill.


                             Point of Order

  Mrs. WILSON of New Mexico. Madam Chair, I make a point of order that 
the final proviso of the Nuclear Regulatory Commission funding, 
appearing on page 39, lines 23 through page 40 line 4, violates clause 
2 of rule XXI of the rules of the House of Representatives prohibiting 
legislation on appropriations bills.
  The proviso restricts funding to the Nuclear Regulatory Commission to 
issue any commercial nuclear power plant licenses using fiscal year 
2005 Energy and Water appropriations funds and funds from ``any other 
appropriations Act for fiscal year 2005 or any previous year.'' Because 
the language restricts funding not just for 2005 but for all previous 
years, it constitutes legislation on an appropriations bill.
  For that reason, the language violates clause 2 of rule XXI of the 
rules of

[[Page H5123]]

the House and is subject to a point of order.
  The CHAIRMAN pro tempore. Will the gentlewoman respecify the page and 
line.
  Mrs. WILSON of New Mexico. Madam Chairman, I believe it is page 39, 
line 23 through page 40, line 4.
  The CHAIRMAN pro tempore. Does any other Member wish to be heard on 
the point of order?
  Mr. HOBSON. Madam Chairman, I strenuously oppose this approach to the 
bill. Part of the problem we have is there is no other vehicle where we 
can do this. This is a very difficult time in our country. We do not 
have a nuclear repository available in this country to accept the waste 
that we have today around the country.
  To go to the folly, the folly of granting new licenses when we do not 
have any place to take the material that is in Illinois and move it 
somewhere and to start granting licenses without a plan in place is not 
good policy. I do not like having to include this kind of language in 
this bill, but I think it is important to include it to send a message 
that the repository is important. The repository is important to the 
future of this country and the nuclear industry in this country. If we 
do not start taking a stand on this, then we are going to get things 
out of whack in this country to the point where we have an even more 
problem and more costly problem.
  Right now, many States in this country cannot move their material. 
They are under lawsuits, there are all kinds of problems. This bill, 
because of some other problems, does not move forward even in my 
judgment enough to getting that repository going.
  So, therefore, this language is put in to send a message. I think 
taking it out sends absolutely the wrong message in this country and it 
should be retained in this bill.
  The CHAIRMAN pro tempore. Does any other Member wish to be heard on 
this point of order?
  The Chair is prepared to rule.
  The Chair finds that this provision addresses funds in other acts 
and, therefore, constitutes legislation in violation of clause 2 of 
rule XXI.
  The point of order is sustained and the provision is stricken from 
the bill.


                    Amendment Offered by Mr. Meehan

  Mr. MEEHAN. Madam Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Meehan:
       Page 23, line 5, after the dollar amount, insert ``(reduced 
     by $30,000,000)''.
       Page 23, line 16, after the dollar amount, insert 
     ``(increased by $30,000,0000''.

  The CHAIRMAN pro tempore. Pursuant to the order of the House of 
today, the gentleman from Massachusetts (Mr. Meehan) and a Member 
opposed each will control 10 minutes.
  The Chair recognizes the gentleman from Massachusetts (Mr. Meehan).
  Mr. MEEHAN. Madam Chairman, I yield myself such time as I may 
consume.
  Madam Chairman, this amendment provides an additional $30 million for 
the Department of Energy's Global Threat Reduction Initiative to 
secure, remove, and dispose of nuclear and radiological materials 
around the world.
  In February, President Bush stated in a speech at the National 
Defense University that the greatest risk to the United States and the 
world is the possibility of a nuclear or radiological attack. And I 
could not agree more. And in today's world, the most urgent nuclear 
threat might not be from hostile states, it may be from a non-state 
terrorist group.
  The technology to produce a nuclear bomb is easier to obtain than we 
might like to believe. Earlier this year, a Pakistani scientist named 
A.Q. Khan confessed to operating a global black market for nuclear 
technology. The head of the International Atomic Energy Agency, Mohamed 
El Baradei called it a ``veritable nuclear Wal-Mart.''
  The design for a simple nuclear weapon is not beyond the reach of 
many terrorist groups. The best way, perhaps the only way, to prevent 
terrorists from obtaining nuclear weapons is to make sure they do not 
get the ingredients to make one. Alarmingly, fissile material is in 
abundant supply around the world today. Some 20 tons of highly enriched 
uranium exist at 345 civilian facilities in 58 countries, enough to 
make 1,000 nuclear weapons.
  Many of these are academic or industrial facilities that have no more 
security than a night watchman or a chain link fence. The threat is 
real.
  The CIA determined in 2002 that weapons grade or weapons-usable 
materials have been stolen from Russia. According to the IAEA, there 
have been 18 confirmed thefts involving plutonium or enriched uranium 
in the former Soviet Union. Highly enriched uranium is a dangerous tool 
in the hands of terrorist groups seeking to develop nuclear weapons. 
And we must do everything in our power to deter this threat.
  The Energy Department already has several programs aimed at securing 
nuclear and radiological materials around the world, but they are 
seriously underfunded. I was encouraged to hear that Secretary of 
Energy Spence Abraham unveiled a new global threat reduction initiative 
last month which will consolidate and accelerate the four existing 
programs. This program has been endorsed by political leaders and 
nonproliferation experts across the political spectrum. In a recent 
speech, former Senator Sam Nunn calls it a significant global effort.
  If we are serious about preventing nuclear terrorism we must 
cooperatively and effectively with international partners to secure 
quickly or remove the most at risk dangerous material first, wherever 
it may be.
  We are in a race between cooperation and catastrophe. However, if the 
Global Threat Reduction Initiative is to succeed, we have to fund it. 
Nonproliferation experts at Harvard University and the nuclear threat 
initiative headed by Sam Nunn argue that we need an additional $30 
million in fiscal 2005 to remove highly enriched uranium from 2 dozen 
vulnerable sites through the Russian Research Reactor Fuel Return 
program.
  This is one of the four existing programs that have been under the 
consolidation under the Global Threat Reduction Initiative. Some of my 
colleagues may argue that we should not be appropriating funds for this 
new initiative before the Energy Department has submitted a budget 
request. But I do not think al-Qaeda is waiting for the next fiscal 
year to seek nuclear materials. And we should not wait to act either.
  Moreover, programs like the Russian Research Reactor Fuel Return 
program have a proven track record developed over many years. In 2001, 
the United States, Serbia, Russia, the IAEA and the Nuclear Threat 
Initiative worked together to remove 48 kilograms of potentially 
vulnerable unirradiated HEU from a research facility in Serbia. This 
was enough material for two and a half nuclear bombs.
  And in December of 2003, the United States, Russia, Bulgaria, and the 
IAEA collaborated to air lift 16.9 kilograms of HEU from a shut-down 
research reactor to Bulgaria to a secure facility in Russia.
  The urgency is clear, we need to be quicker and bolder in securing 
these dangerous nuclear and radiological materials. This amendment 
would boost funding for the global threat reduction initiative by 
rolling over $30 million in unobligated balances from the National 
Nuclear Science Agencies Weapons Activities Account.
  Madam Chairman, I reserve the balance my time.
  Mr. HOBSON. Madam Chairman, I rise to claim the time in opposition to 
the amendment, and I yield myself such time as I may consume.
  I am opposed to the amendment to increase funding for the Global 
Threat Reduction Initiative. I am very supportive of the nuclear 
nonproliferation programs in this bill. We provide a significant 
additional funds for nonproliferation programs aimed at securing 
nuclear weapons and weapons grade nuclear material in Russia where the 
threat is really real. We have been there, we have seen it.
  However, as I have said many times since taking over the chairmanship 
of this subcommittee, I view with great skepticism the large increases 
that are proposed by the National Nuclear Security Administration, 
particularly when these new initiatives are proposed outside the 
regular annual budget and appropriations process.
  Unfortunately, the Department of Energy's Global Threat Reduction 
Initiative announcement at a press conference in May is a perfect 
example. All of the individual programs that

[[Page H5124]]

compromise this initiative are in the nonproliferation budget that we 
have funded in this bill. These are not activities that are being left 
out of the Department of Energy's nonproliferation budgets. They are 
funded at the President's request.
  I believe we wrote a fair and balanced bill in the nuclear 
nonproliferation program very well. I do not support changes that are 
proposed in this amendment.
  Let me close by saying I support the nonproliferation programs 
targeted in this amendment. As we prepare for conference, I will work 
with the interested members to address their concerns, but I 
reluctantly urge a no vote on the amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. MEEHAN. Madam Chairman, I yield such time as he may consume to 
the gentleman from California (Mr. Schiff), my friend and co-author of 
this amendment.
  Mr. SCHIFF. Madam Chairman, I rise in support of the Meehan-Schiff 
amendment to accelerate the funding of the Global Threat Reduction 
Initiative.
  The most significant threat to the national security of the United 
States is the risk that terrorists will acquire the material, the 
expertise, and the technology to create a nuclear weapon. Of these 
three components, the material, the expertise, and the technology, it 
is the material, highly enriched uranium or plutonium, that has posed 
the greatest bar to the acquisition of the bomb by terrorists.

                              {time}  1330

  And that material is far too easy to obtain. Beginning in the 1950s, 
the U.S. and Russia exported research reactors with highly enriched 
uranium to many nations around the world. Today, as my colleague 
pointed out, 345 operating or shutdown reactors in 58 countries possess 
highly enriched uranium.
  The State Department has identified 24 of the highest priority 
facilities for clean-out operations, because they contain enough highly 
enriched uranium to make a bomb. Many of these facilities are 
terrifyingly insecure.
  The energy and water bill contains only $9.8 million for global 
clean-out of these reactors, enough to clean out only one site per 
year. At this pace it will take more than 2 decades to merely clean out 
the top 24. We cannot wait that long.
  Osama bin Laden has declared that the acquisition of weapons of mass 
destruction is a religious duty. After the Taliban was defeated, 
blueprints of a crude nuclear program were found in the deserted al 
Qaeda headquarters in Afghanistan. Does anyone doubt that if al Qaeda 
could assemble a nuclear weapon, they would use it? They would use it.
  Last month, the Secretary of Energy announced what may be one of the 
most important national security initiatives of our time, a $450 
million effort to clean out highly enriched uranium around the world. 
We cannot wait to implement this initiative. Al Qaeda is not waiting, 
and we must act now.
  The Secretary's initiative will take almost a decade to implement, 
and there is no guarantee that nuclear material will not be stolen in 
the interim. Far from it. We must accelerate the time line for this 
initiative. Tragically today, we find ourselves in a new nuclear arms 
race. It is very simply a race as to whether we can secure nuclear 
material before the terrorists can buy or steal it.
  The Meehan-Schiff amendment provides $30 million in additional 
funding for this initiative to get this program underway immediately.
  We have spent countless billions of dollars on the war in Iraq, a war 
that was waged to remove stockpiles of weapons of mass destruction from 
the reach of terrorists. The terrible irony of our present situation is 
that, while we have not found weapons of mass destruction in Iraq, we 
know where there are large stockpiles of weapons of mass destruction, 
large stockpiles of nuclear material, and we have a cooperative means 
of securing them and placing them beyond the reach of terrorists.
  To scrimp on this effort is worse than negligent. It is a betrayal of 
the public trust. In this race, as Senator Nunn so aptly describes it, 
we are in a race between cooperation and catastrophe. We must not flag 
or fail in this race. Vote ``yes'' on the Schiff-Meehan amendment to 
jump-start the global threat reduction initiative.
  Mr. HOBSON. Mr. Chairman, I yield such time as he may consume to the 
gentleman from California (Mr. Schiff).
  Mr. SCHIFF. Mr. Chairman, I appreciate the gentleman yielding me this 
time.
  I certainly want to congratulate my colleagues from California and 
Massachusetts for bringing this matter to our attention. I certainly 
agree with their intent and their assessment of the problem we face. It 
is one reason why I am happy that in the bill that was crafted by the 
subcommittee, there is a shift of $177.5 million for priority targets 
for nonproliferation. Among others, that includes Russia's strategic 
rocket forces. It includes megaports. It includes the second-line-of-
defense efforts in the Baltics and efforts outside the former Soviet 
Union.
  As the chairman had indicated earlier, the Secretary made the 
announcement of this program in Vienna. He has not had discussion or 
shared specifics of the program with the subcommittee or committee. 
There has been no transmission of the specifics to Congress on the 
program or its implementation.
  So while, again, the intent is excellent, against the lack of 
specifics and given the prioritization within the bill, I would 
reluctantly express my opposition to the amendment, but would suggest 
that the chairman and I will work with both gentlemen as we proceed to 
conference relative to DOE's plan.
  Mr. HOBSON. Mr. Chairman, I yield back the balance of my time.
  Mr. MEEHAN. Mr. Chairman, I yield myself such time as I may consume.
  Just to close, I really think this is an important issue to the 
national security of the country, and the reason why we bring the 
amendment forward is nonproliferation experts at Harvard University and 
the Nuclear Threat Initiative headed by Sam Nunn have clearly stated 
that we need an additional $30 million in fiscal year 2005 to remove 
highly enriched uranium from two dozen vulnerable research reactor 
sites throughout the Russian reactor fuel program.
  That is why we offered the amendment. This is an amendment that would 
take up obligated balances from the National Security Agency's weapons 
activities account. So I want to be clear. These are unexpended funds 
from fiscal year 2004, and shifting these funds will not come at any 
cost to the NNSA's weapons program or the American taxpayers. Instead, 
they will help safeguard us against dangerous nuclear and radiological 
weapons materials, that if they get in the hands of terrorists, as we 
know they could, could be used to kill thousands or tens of thousands 
of Americans.
  I believe, as the gentleman from California (Mr. Schiff) believes, 
that this amendment is vital to our national security and to our 
winning the war on terrorism. Therefore, I urge that my colleagues' 
support this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. Linder). The question is on the 
amendment offered by the gentleman from Massachusetts (Mr. Meehan).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. MEEHAN. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from 
Massachusetts (Mr. Meehan) will be postponed.
  Mr. HOBSON. Mr. Chairman, I move to strike the last word, and I yield 
to the gentleman from Illinois (Mr. Shimkus) for the purpose of a 
colloquy.
  Mr. SHIMKUS. Mr. Chairman, I thank the gentleman for yielding. As he 
knows, and he has spoken so eloquently about the need for a national 
repository at Yucca Mountain, and I can remember that in the 
appropriation bill there is $131 million, and this amount is grossly 
inadequate for the Yucca Mountain project. At that funding level, the 
Department of Energy would have to lay off 70 percent of its Yucca 
Mountain workforce, the license application would be delayed, and the 
repository opening would be delayed beyond the year 2010. All of the 
spent nuclear fuel would stay at the 77 field facilities spread out 
across the country, and this is unacceptable.
  Yesterday, the Committee on Energy and Commerce passed a 5-year 
authorization bill, H.R. 3981, that authorizes

[[Page H5125]]

offsetting collection over 5 years from fees paid into the Nuclear 
Waste Fund. Our proposal could help solve the funding problem and 
provide the much-needed funds for Yucca Mountain.
  The amounts authorized in H.R. 3981 would be sufficient to keep the 
Yucca Mountain project on track and keep the hundreds of key technical 
staff employed in the Las Vegas office of the DOE's Yucca Mountain 
office.
  Again, I know of the chairman's strong support for the repository in 
Yucca Mountain.
  I ask the gentleman from Ohio (Chairman Hobson) if he would work with 
us as we proceed on this bill and find a way in the conference report 
to move to increase the funding level for Yucca Mountain.
  Mr. HOBSON. Mr. Chairman, I was not going to talk very long on this, 
but since we spent so much time on California before, the time is gone. 
So I might as well vent my emotions a little bit more than I was going 
to.
  In February of this year, when I found out what the proposal was from 
OMB, I tried to reason with him that this was not a political year to 
do this with this sort of thing. While I agree with the policy, I did 
not agree with the politics of what was going to happen, because it is 
very difficult to make the program work, which I must say that the 
Committee on Energy and Commerce worked so well with us to craft.
  The problem is that we were not able to get it all done. We are 
willing to accept it. We are willing to carry it, but there are certain 
things we could not get done. We hope that when we get to the 
conference committee that we can fix this. This, at some point in the 
process, in my opinion, must be fixed; but I am outraged at certain 
people who put us in this position. We did not need to be in this 
position.
  Last year, this committee, with my ranking member by my side, came 
within the most amount of money that has gone into Yucca Mountain in 
recent history. Our reward for that was not to get the money back we 
needed this year under the conditions that we could do this without 
absolute warfare and putting a lot of people, including ourselves and 
the Committee on the Budget and everybody else into a very, very 
difficult situation.
  While the policy may be good, we have to deal with the other body, 
and the other body has not been receptive in some respects to funding 
Yucca Mountain to the degree it should be until last year; but I must 
share with my colleague, this is a program that this country has taken 
a position on. It is one of the reasons, on the last amendment, that I 
do not think we can go forward with new licenses, even though we all 
want new licenses and even though I am supportive of the nuclear 
industry and of having this available so that we can have safe, 
environmentally safe, quality low-cost power. We need to have that, but 
we have to have it where we have a repository and we have to solve this 
problem.
  The country has taken a position that this is where the repository is 
supposed to go. We have spent money on it, tons of money on it, and it 
is moving forward. This committee, with my ranking member's help, last 
year got the Department of Energy to move forward and site the railroad 
so we can take the politics out of where the rail is going to go and 
not move this material, even though it could have done it through the 
city of Las Vegas. That does not satisfy a lot of people. Some people 
just do not want anything.
  Well, we are going to have something. At some point, at some point in 
this process, in spite of the objections of some people, this will have 
to be fixed for the future of this country and the nuclear power 
industry, but more importantly, those communities that have been 
promised from this government that this material would not stay, the 
spent fuel would not stay in their communities.
  Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word, for just 
one moment.
  I would assure the gentleman from Illinois that we all do share his 
concern. It is my view we have a policy of the United States 
Government, but that we need a repository.
  As the chairman pointed out, we had an extended conference last year 
with the other body to make sure that Yucca was fully funded. We had a 
page of permutations as to how to work through the situation OMB placed 
us in this year. This is not a matter of our doing, and I do assure my 
colleague that I and the members of the subcommittee want to work 
through this with the Chair to make sure we proceed in an expeditious 
manner, and we have to solve this problem.
  Mr. SHIMKUS. Mr. Chairman, will the gentleman yield?
  Mr. VISCLOSKY. I yield to the gentleman from Illinois.
  Mr. SHIMKUS. Mr. Chairman, I thank my colleague, and I would just 
also remind people and place in the record for this debate, the 
ratepayers have paid billions of dollars to make this thing move 
forward, and my ratepayers want to see a return on that investment.
  So I thank the gentleman and I thank the chairman.
  Mr. HOBSON. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I would like to enter into a colloquy with the 
gentleman from Georgia (Mr. Burns).
  Mr. BURNS. Mr. Chairman, will the gentleman yield?
  Mr. HOBSON. I yield to the gentleman from Georgia.
  Mr. BURNS. Mr. Chairman, I thank the chairman for his hard work over 
the past year in bringing this legislation to the floor and for his 
willingness to continue working with us, even though we may still face 
some differences of opinion on several issues that relate to the 
Savannah River site.
  As the chairman knows, we had an amendment that would have requested 
continued action in the coming year on one of those issues, the 
selection of a site for a new modern pit facility. I believe that 
Savannah River site is the leading candidate for the site, and a timely 
decision on this project would help in planning future operations and 
also on job levels.
  However, I would like for my good friend, the gentleman from South 
Carolina (Mr. Barrett), to further express the interests of the 
Savannah River site.
  Mr. BARRETT of South Carolina. Mr. Chairman, will the gentleman 
yield?
  Mr. HOBSON. I yield to the gentleman from South Carolina.
  Mr. BARRETT of South Carolina. Mr. Chairman, I thank the chairman for 
yielding to me.
  Mr. Chairman, I would also like to express my strong support for 
comments just made by my good friend and colleague, the gentleman from 
Georgia (Mr. Burns); and it is my hope that in conference with the 
Senate funding concerns for current and potential programs at the 
Savannah River site will be addressed.
  I look forward to working with the chairman who has been so gracious 
with us on future issues related to the Savannah River site and would 
like to extend a personal invitation to the chairman to visit SRS in 
the upcoming months so that he can see this tremendous asset for our 
current and future generations.
  Mr. HOBSON. Mr. Chairman, I want to thank my colleagues for their 
work, their very aggressive work, I might add, on behalf of the 
Savannah River site. That is one site I have not visited in this 
country yet. We are trying to get around and look at a lot of the 
different sites. I have some good friends who live down there so it is 
a very inviting place to go and visit.

                              {time}  1345

  I accept your invitation to visit the site and look forward to 
meeting the men and women doing such important work in your part of the 
country.


                    Amendment Offered by Mr. Inslee

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

       Amendment offered by Mr. Inslee:
       At the end of the bill, before the short title, insert the 
     following:
       Sec. __. None of the funds made available in this Act may 
     be used by the Department of Energy to make ``waste 
     incidental to reprocessing'' determinations in order to 
     reclassify high-level radioactive waste. For purposes of this 
     section, the term ``high-level radioactive waste'' has the 
     meaning given that term in the Nuclear Waste Policy Act of 
     1982.

  The CHAIRMAN pro tempore. Pursuant to the order of the House of 
today,

[[Page H5126]]

the gentleman from Washington (Mr. Inslee) and a Member opposed each 
will control 5 minutes.
  Mr. HOBSON. Mr. Chairman, I reserve a point of order on the 
gentleman's amendment.
  The CHAIRMAN pro tempore. The point of order is reserved.
  Mr. HEFLEY. Mr. Chairman, I object. Is it not the policy of the House 
to go from one side to the other side on these amendments?
  The CHAIRMAN pro tempore. The Chair recognized the gentleman who 
stood up at the microphone.
  Mr. HEFLEY. Well, that is a different policy than we have been 
following all afternoon, Mr. Chairman.
  Mr. INSLEE. Mr. Chairman, I would be happy to yield to the gentleman, 
at the Chair's discretion.
  The CHAIRMAN pro tempore. The gentleman from Washington (Mr. Inslee) 
may withdraw his amendment for a period of time.
  Mr. INSLEE. Mr. Chairman, I ask unanimous consent to withdraw my 
amendment at this time.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.


                 Amendment No. 1 Offered by Mr. Hefley

  Mr. HEFLEY. 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. 1 offered by Mr. Hefley:
        At the end of the bill (before the short title), insert 
     the following:
       Sec. __. Total appropriations made in this Act (other than 
     appropriations required to be made by a provision of law) are 
     hereby reduced by $279,880,000.

  The CHAIRMAN pro tempore. Pursuant to the order of the House of 
today, the gentleman from Colorado (Mr. Hefley) and a Member opposed 
each will control 5 minutes.
  The Chair recognizes the gentleman from Colorado (Mr. Hefley).
  Mr. HEFLEY. Mr. Chairman, I yield myself such time as I may consume, 
and I hope we do not take near that much time, but I rise to offer an 
amendment to cut the level of funding in this appropriations bill by 
$278,880,000, or approximately 1 percent of the total outlays of the 
bill.
  This amendment is in the form of a retrenchment under the Holman 
rule. If we cut these funds, it will be up to the administration to 
decide where the cuts should fall. The bill totals approximately $28 
billion, $49.6 million above the President's request, and $734.5 
million, or 2.7 percent, over last year.
  Now, last week, we debated the interior appropriations bill, which 
actually showed a decrease in funding from last year, and I voted for 
the bill because I thought that was a terrific step in the right 
direction towards getting a grip on our deficit. It focused on the core 
functions, I think, that needed to be done and eliminated some things 
which were nonessential.
  Now I understand that there are needs that need to be addressed in 
this bill, important needs, but given this year's budget deficit is 
still projected at around $400 billion, I think some of these needs 
should be postponed.
  Energy and water, I believe, should have to meet the same kinds of 
strictures as the other appropriations bills, namely either a freeze or 
cut. Naturally, we will hear about the impact of a 1 percent cut on 
certain specific popular programs, and it is possible a 1 percent cut 
could impact some of the smallest programs. That is why this amendment 
leaves those cuts to the administration.
  Mr. Chairman, let us look at what the 1 percent cut would mean to 
other programs. One percent of the $1.87 billion general construction 
budget for the Army Corps of Engineers would total $18.7 million. For 
one of the Corps' recommendations in my district, $273,000 for the 
flood control study along Fountain Creek, 1 percent would amount to 
$2,730. Mr. Chairman, $2,730, though no doubt the Corps would disagree, 
I cannot see how they would miss that particularly. It probably would 
not pay for the printing.
  Mr. Chairman, we have a terrible deficit. Our children are going to 
be paying for it. Given that context, I do not think asking the 
administration to find us a savings of one cent on the dollar is too 
much to ask.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HOBSON. Mr. Chairman, I claim the time in opposition to the 
amendment and I yield myself such time as I may consume.
  Mr. Chairman, I have to oppose this amendment. I know there are a lot 
of things that one may or may not like in this bill, but we started off 
with the concept in this bill that we would not do any new starts, no 
new studies, and there were a number of things where we tried to cut 
back on because our funds were very limited. And, frankly, the bill we 
got out of the Committee on the Budget would not have allowed us to do 
many of the things we did for Members because we were about $400 
million short.
  But due to some shifting around in the Committee on Appropriations, 
thanks to the staff and the Members, we were able to come up with some 
money to help Members. So we have done that.
  Now, even though this looks like a small amount of money, when you 
add it up, it is a big amount of money and it has a lot of negative 
effect on a lot of projects. Further cuts would just exacerbate the 
problems we have tried to do in this finely-tuned bill, so I would urge 
a ``no'' vote on this bill.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Indiana (Mr. Visclosky), the ranking member.
  Mr. VISCLOSKY. Mr. Chairman, I appreciate the chairman yielding me 
this time, and I would join in his opposition.
  I respect my good friend, however, I have to vehemently disagree. The 
administration has proposed a budget, and it is up to us to make a 
determination as to how to allocate those resources. The subcommittee 
has done so in a balanced and fair fashion, and I would ask my 
colleagues to oppose the amendment.
  Mr. HEFLEY. Mr. Chairman, I yield myself such time as I may consume, 
and in closing we are talking about one penny on a dollar. And I think 
many businessmen will tell you if you cannot find one penny on a dollar 
of savings, you should not be in business. I think we should apply that 
to our governmental spending here in our budget.
  Mr. Chairman, I yield back the balance of my time.
  Mr. HOBSON. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Colorado (Mr. Hefley).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. HEFLEY. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Colorado 
(Mr. Hefley) will be postponed.


                    Amendment Offered by Mr. Inslee

  Mr. INSLEE. 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 offered by Mr. Inslee:
       At the end of the bill, before the short title, insert the 
     following:
       Sec. __. None of the funds made available in this Act may 
     be used by the Department of Energy to make ``waste 
     incidental to reprocessing'' determinations in order to 
     reclassify high-level radioactive waste. For purposes of this 
     section, the term ``high-level radioactive waste'' has the 
     meaning given that term in the Nuclear Waste Policy Act of 
     1982.

  The CHAIRMAN pro tempore. Pursuant to the order of the House of 
today, the gentleman from Washington (Mr. Inslee) and a Member opposed 
each will control 5 minutes.
  The Chair recognizes the gentleman from Washington (Mr. Inslee.)
  Mr. HOBSON. Mr. Chairman, I rise to reserve a point of order on the 
gentleman's amendment.
  The CHAIRMAN pro tempore. A point of order is reserved.
  Mr. INSLEE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I intend to withdraw my amendment, but prior to that I 
would like to enter into a colloquy with the gentleman from Ohio (Mr. 
Hobson).
  First, I would like to thank the chairman of the subcommittee, the 
gentleman from Ohio (Mr. Hobson) and

[[Page H5127]]

the ranking member, the gentleman from Indiana (Mr. Visclosky) for 
their continued support for funding the cleanup at the Hanford site in 
Washington. And I want to particularly thank Chairman Hobson for his 
stalwart work in ending this practice of dumping waste in unlined 
trenches. He has truly been remarkable, and the people of the State of 
Washington appreciate his efforts.
  The Department of Energy has been seeking legislative authority to 
reclassify high-level radioactive waste as ``waste incidental to 
reprocessing.'' This high-level waste contains highly toxic 
radionuclides stored in underground tanks at sites in the State of 
Washington, South Carolina, Idaho, and New York. In agreement with 
these States and with Congress, the Department is required to remove as 
much of these wastes as is technically feasible.
  In order to achieve its target deadline for cleaning up these tanks, 
the Department now argues that it requires the authority to reclassify 
some of the waste at the bottom of the tanks as ``incidental waste,'' 
so that these wastes may be left on site or disposed of in a manner 
that does not live up to the federal agreement. Such authority is 
currently disputed by many of the involved States, who argue that the 
long-term impacts of such an action are unknown and potentially harmful 
to human health.
  Does the gentleman agree that it is the intent of Congress that the 
Department engage in fair and reasonable negotiations with the States 
and involved parties?
  Mr. HOBSON. Mr. Chairman, will the gentleman yield?
  Mr. INSLEE. I yield to the gentleman from Ohio.
  Mr. HOBSON. Mr. Chairman, in answer to the gentleman's question, I 
would say, yes, the House supports a fair and reasonable negotiation 
with the States and involved parties.
  And I should tell the gentleman that I have been out there and looked 
at these tanks, and also, as the gentleman spoke about last year, we 
made him a promise we would take care of the unlined trenches, and I 
believe, as of yesterday, their record of decision is that the citizens 
out there deserve this, and I think it is going to go forward.
  But in answer, yes, I think we do need to negotiate with the States 
and the involved parties on this.
  Mr. INSLEE. Mr. Chairman, reclaiming my time, I thank the gentleman.
  And would the gentleman agree that any strategy to resolve the issue 
should be consistent nationwide?
  Mr. HOBSON. Well, if the gentleman will continue to yield, yes. And I 
think in some other instances in this bill we have also taken a stand 
that you cannot have one standard one place and one standard another. 
So any conclusion must be comprehensive and consistent nationwide.
  Mr. INSLEE. Mr. Chairman, finally, does the gentleman agree that the 
House should strongly encourage the conferees to the defense 
authorization bill to retain the language in the House Report requiring 
the Secretary of Energy to engage the National Research Council to 
study the Department's plans to manage its high-level waste streams 
instead of providing the Department blanket reclassification authority?
  Mr. HOBSON. I agree.
  Mr. INSLEE. Once again reclaiming my time, Mr. Chairman, I want to 
thank the gentleman for his efforts to move the DOE in the right 
direction.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN pro tempore. Is there any objection to the request of 
the gentleman from Washington?
  There was no objection.
  Mr. HOBSON. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I would like to enter into a colloquy with the 
gentleman from Iowa (Mr. King).
  Mr. KING of Iowa. Mr. Chairman, will the gentleman yield?
  Mr. HOBSON. I yield to the gentleman from Iowa.
  Mr. KING of Iowa. Mr. Chairman, I appreciate the chairman's 
willingness to enter into a colloquy and to yield to me on this issue. 
I would just say to him that Missouri is downstream from where I live.
  Mr. Chairman, I had authored an amendment to this legislation that 
would prohibit funds intended for use for endangered species' habitat 
restoration from being used by the Fish and Wildlife Service and State 
Departments of Natural Resources. I am not pursuing this amendment 
because the good gentleman from Ohio has agreed the funding in this act 
should be used for its intended purposes.
  As the Members of this body may remember, every year the energy and 
water development appropriations bill brings to light the issues of the 
Missouri River, which flows along the border of the district I 
represent in western Iowa. In the ecosystem of the Missouri River, 
there are three endangered species, the least tern, the piping plover, 
and the pallid sturgeon. A dire legal situation involving regulation of 
the Missouri River flow has resulted in complex reg. issues that impact 
the entire Missouri River basin. A multiplicity of interests, including 
agriculture, flood control, river freight transportation, electrical 
generation, water, recreation, and the environment have been impacted 
by decisions affecting the flow of the river.
  Currently, the Army Corps of Engineers is working on a habitat 
restoration for the two birds and the fish that have created such a 
problem for people who need the river for economic reasons. As they 
have been working to reestablish this habitat, we have discovered some 
of the money that is diverted to Fish and Wildlife and State 
Departments of Natural Resources to help with this effort is being used 
for other purposes, such as duck habitat.
  Mr. Chairman, my father took me to the duck blind when I was two 
years old. I have been going there ever since, that is half a century 
or more, and I can tell you there is no endangered species of ducks in 
my district. As much as I like duck habitat, it should not be at the 
expense of funds that are directed to priority habitat for endangered 
species, which can go a long ways towards resolving this Missouri River 
issue.
  So not only do I care to see the issues of the Missouri River 
resolved, as a responsible Member of this body, I also believe it is 
our responsibility to stop abuse in its tracks. My amendment would have 
alleviated both of these problems.
  Mr. HOBSON. Mr. Chairman, reclaiming my time, I agree with the 
gentleman from Iowa (Mr. King) that the purposes and intentions of this 
act should be met. The funds appropriated for endangered species 
habitat restoration on the Missouri River should be used for those 
purposes.
  As the Army Corps of Engineers works to that end, let us encourage 
the Corps to properly oversee that the funds are being utilized for 
their purposes.
  Mr. KING of Iowa. Mr. Chairman, if the gentleman will continue to 
yield, I thank the distinguished chairman for his consideration of this 
issue.
  Mr. HOBSON. Mr. Chairman, I move to strike the last word, and I seek 
this time to enter into a colloquy with the gentleman from Ohio (Mr. 
Portman).
  Mr. PORTMAN. Mr. Chairman, will the gentleman yield?
  Mr. HOBSON. Mr. Chairman, I yield to the gentleman from Ohio.
  (Mr. PORTMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. PORTMAN. Mr. Chairman, I wanted to rise to congratulate the 
chairman on balancing difficult competing interests in this 
legislation. Once again, I think we will see on final passage what a 
good job he has done.
  But in particular, I want to thank him very much for helping with 
regard to our energy needs at the Port Smith Gaseous Diffusion Plant. 
Once again, he has provided the President's request and has been 
instrumental in being sure that we have not only jobs in southern Ohio 
but that the centrifuge technology moves forward, which is so critical 
to our Nation's energy security.
  So, again, I rise to congratulate the chairman, and I look forward to 
working with him going into the future, and congratulate him on his 
bill and strongly support it this afternoon.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, 
proceedings will now resume on those amendments on which further 
proceedings were postponed in the following order: Amendment No. 5 
offered by the gentleman from Vermont (Mr.

[[Page H5128]]

Sanders), amendment offered by the gentlewoman from New Mexico (Mrs. 
Wilson), amendment offered by the gentleman from Massachusetts (Mr. 
Meehan), and amendment No. 1 offered by the gentleman from Colorado 
(Mr. Hefley).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.

                              {time}  1400


                 Amendment No. 5 Offered by Mr. Sanders

  The CHAIRMAN pro tempore (Mr. Linder). The pending business is the 
demand for a recorded vote on the amendment offered by the gentleman 
from Vermont (Mr. Sanders) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  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 150, 
noes 241, not voting 42, as follows:

                             [Roll No. 321]

                               AYES--150

     Abercrombie
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Bartlett (MD)
     Becerra
     Berkley
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Boswell
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Case
     Clay
     Clyburn
     Conyers
     Cooper
     Costello
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Dingell
     Doggett
     Doyle
     Ehlers
     Emanuel
     Engel
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Green (TX)
     Green (WI)
     Grijalva
     Gutierrez
     Herseth
     Hinchey
     Hinojosa
     Hoeffel
     Holt
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (IL)
     Jones (OH)
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Larsen (WA)
     Latham
     Leach
     Lee
     Levin
     Lowey
     Majette
     Maloney
     Markey
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Moore
     Moran (KS)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Nussle
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Payne
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sabo
     Sanchez, Linda T.
     Sanders
     Schakowsky
     Scott (VA)
     Sensenbrenner
     Serrano
     Shays
     Sherman
     Simmons
     Smith (NJ)
     Solis
     Stark
     Strickland
     Stupak
     Tanner
     Terry
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wu

                               NOES--241

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bass
     Beauprez
     Bell
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boucher
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carson (OK)
     Carter
     Castle
     Chabot
     Chandler
     Chocola
     Cole
     Cox
     Cramer
     Crane
     Crenshaw
     Culberson
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     DeLauro
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Edwards
     Emerson
     English
     Eshoo
     Etheridge
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hobson
     Hoekstra
     Holden
     Honda
     Hostettler
     Hulshof
     Hunter
     Hyde
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson, E. B.
     Johnson, Sam
     Kanjorski
     Keller
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lantos
     Larson (CT)
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lofgren
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Marshall
     Matheson
     Matsui
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Miller, George
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pastor
     Pearce
     Pelosi
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Putnam
     Quinn
     Radanovich
     Regula
     Rehberg
     Renzi
     Reyes
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Sanchez, Loretta
     Sandlin
     Saxton
     Schiff
     Schrock
     Scott (GA)
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skelton
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tancredo
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Thompson (CA)
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wynn
     Young (FL)

                             NOT VOTING--42

     Ackerman
     Barton (TX)
     Berman
     Boyd
     Burgess
     Carson (IN)
     Coble
     Collins
     Cubin
     Cunningham
     Deal (GA)
     Delahunt
     Deutsch
     Dicks
     Dooley (CA)
     Dunn
     Gephardt
     Harman
     Hastings (FL)
     Hastings (WA)
     Houghton
     Isakson
     John
     Jones (NC)
     Kilpatrick
     Lewis (GA)
     Lipinski
     McCarthy (MO)
     Mollohan
     Paul
     Peterson (PA)
     Pryce (OH)
     Reynolds
     Rodriguez
     Rothman
     Ryun (KS)
     Slaughter
     Smith (MI)
     Tauzin
     Thomas
     Vitter
     Young (AK)

                              {time}  1224

  Messrs. BEAUPREZ, BARRETT of South Carolina, BRADY of Texas, CARDOZA, 
LYNCH, HONDA, CHANDLER, and DAVIS of Tennessee changed their vote from 
``aye' to ``no.''
  Messrs. JOHNSON of Illinois, SHERMAN, BARTLETT of Maryland, COSTELLO, 
DOGGETT, TERRY, NUSSLE, RAMSTAD, EHLERS, BISHOP of Georgia, HOLT, and 
Ms. ROYBAL-ALLARD changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Ms. McCARTHY of Missouri. Mr. Chairman, on rollcall No. 321, I was 
unavoidably detained. Had I been present, I would have voted ``aye.''


             Amendment Offered by Mrs. Wilson of new mexico

  The CHAIRMAN pro tempore (Mr. Linder). The pending business is the 
demand for a recorded vote on the amendment offered by the gentlewoman 
from New Mexico (Mrs. Wilson) 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.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 163, 
noes 224, not voting 46, as follows:

                             [Roll No. 322]

                               AYES--163

     Abercrombie
     Allen
     Andrews
     Baca
     Baldwin
     Bass
     Becerra
     Bereuter
     Berkley
     Blumenauer
     Bono
     Boswell
     Boucher
     Bradley (NH)
     Brady (TX)
     Brown (OH)
     Cardin
     Carson (OK)
     Case
     Chabot
     Chandler
     Conyers
     Cooper
     Cox
     Crowley
     Davis (AL)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doggett
     Ehlers
     Engel
     English
     Etheridge
     Evans
     Farr
     Filner
     Flake
     Foley
     Fossella
     Frank (MA)
     Franks (AZ)
     Gibbons
     Gilchrest
     Gillmor
     Gonzalez
     Gordon
     Graves
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Hayworth
     Hefley
     Hensarling
     Herseth
     Hinchey
     Hinojosa
     Hoeffel
     Holt
     Hooley (OR)
     Hulshof
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Jones (OH)
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kind
     Kleczka
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Leach
     Lee
     Lucas (OK)
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     McCarthy (NY)
     McCollum
     McDermott
     McIntyre
     McNulty
     Meehan
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, Gary
     Moore
     Moran (KS)
     Musgrave
     Nadler
     Napolitano
     Norwood
     Obey
     Otter
     Owens
     Payne
     Pearce
     Pitts
     Pomeroy

[[Page H5129]]


     Porter
     Price (NC)
     Radanovich
     Rangel
     Renzi
     Rohrabacher
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (VA)
     Sensenbrenner
     Shadegg
     Sherman
     Shimkus
     Simmons
     Skelton
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Sullivan
     Taylor (MS)
     Thornberry
     Tierney
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Walden (OR)
     Watson
     Waxman
     Weiner
     Weller
     Wexler
     Wilson (NM)
     Woolsey
     Wu

                               NOES--224

     Aderholt
     Akin
     Alexander
     Bachus
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Beauprez
     Bell
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Boozman
     Brady (PA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carter
     Castle
     Chocola
     Clay
     Clyburn
     Cole
     Costello
     Cramer
     Crane
     Crenshaw
     Culberson
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (TN)
     Davis, Jo Ann
     DeLay
     DeMint
     Doolittle
     Doyle
     Dreier
     Duncan
     Edwards
     Emanuel
     Emerson
     Eshoo
     Everett
     Fattah
     Feeney
     Ferguson
     Forbes
     Ford
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Green (TX)
     Gutknecht
     Hall
     Harris
     Hart
     Hayes
     Herger
     Hill
     Hobson
     Hoekstra
     Holden
     Honda
     Hostettler
     Hoyer
     Hyde
     Israel
     Issa
     Istook
     Jenkins
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Kanjorski
     Keller
     Kennedy (MN)
     King (IA)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Larson (CT)
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lofgren
     Lucas (KY)
     Lynch
     McCotter
     McCrery
     McGovern
     McHugh
     McInnis
     McKeon
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Miller (FL)
     Miller (MI)
     Miller, George
     Moran (VA)
     Murphy
     Murtha
     Myrick
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Nunes
     Nussle
     Oberstar
     Olver
     Ortiz
     Osborne
     Ose
     Oxley
     Pallone
     Pascrell
     Pastor
     Pelosi
     Pence
     Peterson (MN)
     Petri
     Pickering
     Platts
     Pombo
     Portman
     Putnam
     Quinn
     Rahall
     Ramstad
     Regula
     Rehberg
     Reyes
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Roybal-Allard
     Sabo
     Saxton
     Schrock
     Scott (GA)
     Serrano
     Sessions
     Shaw
     Shays
     Sherwood
     Shuster
     Simpson
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Stupak
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (NC)
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiahrt
     Tiberi
     Toomey
     Towns
     Turner (OH)
     Upton
     Velazquez
     Visclosky
     Walsh
     Wamp
     Waters
     Watt
     Weldon (FL)
     Weldon (PA)
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Wynn
     Young (FL)

                             NOT VOTING--46

     Ackerman
     Barton (TX)
     Berman
     Boyd
     Burgess
     Carson (IN)
     Coble
     Collins
     Cubin
     Cunningham
     Deal (GA)
     Delahunt
     Deutsch
     Dicks
     Dooley (CA)
     Dunn
     Gephardt
     Harman
     Hastings (FL)
     Hastings (WA)
     Houghton
     Hunter
     Isakson
     John
     Jones (NC)
     Kilpatrick
     King (NY)
     Lewis (GA)
     Lipinski
     Lowey
     Matsui
     McCarthy (MO)
     Mollohan
     Paul
     Peterson (PA)
     Pryce (OH)
     Reynolds
     Rodriguez
     Rothman
     Ryun (KS)
     Slaughter
     Smith (MI)
     Tauzin
     Thomas
     Vitter
     Young (AK)

                              {time}  1431

  Mr. THOMPSON of California changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
   Stated for:
  Ms. McCarthy of Missouri. Mr. Chairman, on rollcall No. 322 I was 
unavoidably detained. Had I been present, I would have voted ``aye.''


                      Amendment Offered by Meehan

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. Meehan) 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.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 151, 
noes 235, not voting 47, as follows:

                             [Roll No. 323]

                               AYES--151

     Abercrombie
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Bell
     Berkley
     Bishop (NY)
     Blumenauer
     Boswell
     Bradley (NH)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Case
     Chandler
     Clay
     Clyburn
     Conyers
     Cooper
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Dingell
     Doggett
     Emanuel
     Engel
     Etheridge
     Evans
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green (WI)
     Grijalva
     Gutierrez
     Herseth
     Hinchey
     Hoeffel
     Holt
     Hooley (OR)
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Kaptur
     Kennedy (RI)
     Kildee
     Kind
     Kleczka
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lynch
     Majette
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Payne
     Pelosi
     Peterson (MN)
     Petri
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Scott (VA)
     Sensenbrenner
     Serrano
     Shays
     Sherman
     Skelton
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--235

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Bass
     Beauprez
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boucher
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carson (OK)
     Carter
     Castle
     Chabot
     Chocola
     Cole
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Culberson
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Doyle
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English
     Eshoo
     Everett
     Farr
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (TX)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Honda
     Hostettler
     Hoyer
     Hulshof
     Hyde
     Israel
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lofgren
     Lucas (KY)
     Lucas (OK)
     Manzullo
     Marshall
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     Meek (FL)
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pastor
     Pearce
     Pence
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Roybal-Allard
     Royce
     Ryan (WI)
     Sandlin
     Saxton
     Schrock
     Scott (GA)
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                             NOT VOTING--47

     Ackerman
     Ballenger
     Barton (TX)
     Berman
     Boyd
     Burgess
     Carson (IN)
     Coble
     Collins
     Cubin
     Cunningham
     Deal (GA)

[[Page H5130]]


     Delahunt
     Deutsch
     Dicks
     Dooley (CA)
     Dunn
     Gephardt
     Harman
     Hastings (FL)
     Hastings (WA)
     Houghton
     Hunter
     Isakson
     John
     Jones (NC)
     Kilpatrick
     King (NY)
     Lewis (GA)
     Lipinski
     Lowey
     McCarthy (MO)
     Mollohan
     Paul
     Peterson (PA)
     Pryce (OH)
     Reynolds
     Rodriguez
     Rothman
     Ryun (KS)
     Sabo
     Slaughter
     Smith (MI)
     Tauzin
     Thomas
     Vitter
     Young (AK)

                              {time}  1439

  Mr. ABERCROMBIE changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Ms. McCARTHY of Missouri. Mr. Chairman, on rollcall No. 323, I was 
unavoidably detained. Had I been present, I would have voted ``aye.''


                 Amendment No. 1 Offered by Mr. Hefley

  The CHAIRMAN pro tempore (Mr. Linder). The pending business is the 
demand for a recorded vote on the amendment offered by the gentleman 
from Colorado (Mr. Hefley) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 68, 
noes 319, not voting 46, as follows:

                             [Roll No. 324]

                                AYES--68

     Bachus
     Barrett (SC)
     Bartlett (MD)
     Bass
     Beauprez
     Bishop (UT)
     Blackburn
     Boehner
     Brady (TX)
     Burton (IN)
     Buyer
     Cannon
     Chabot
     Chocola
     Crane
     Davis, Jo Ann
     DeMint
     Diaz-Balart, M.
     Duncan
     Feeney
     Flake
     Franks (AZ)
     Garrett (NJ)
     Gibbons
     Graves
     Green (WI)
     Gutknecht
     Harris
     Hefley
     Hensarling
     Hostettler
     Johnson, Sam
     Keller
     King (IA)
     Lewis (KY)
     Linder
     Manzullo
     McCotter
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Norwood
     Otter
     Pence
     Petri
     Pitts
     Porter
     Ramstad
     Rogers (MI)
     Rohrabacher
     Royce
     Ryan (WI)
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (WA)
     Stearns
     Sullivan
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Toomey
     Wilson (SC)

                               NOES--319

     Abercrombie
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baker
     Baldwin
     Becerra
     Bell
     Bereuter
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boehlert
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burns
     Burr
     Calvert
     Camp
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chandler
     Clay
     Clyburn
     Cole
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Tom
     DeFazio
     DeGette
     DeLauro
     DeLay
     Diaz-Balart, L.
     Dingell
     Doggett
     Doolittle
     Doyle
     Dreier
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Filner
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Gerlach
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Hall
     Hart
     Hayes
     Hayworth
     Herger
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     LoBiondo
     Lofgren
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, George
     Moore
     Moran (VA)
     Murphy
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Ney
     Northup
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pelosi
     Peterson (MN)
     Pickering
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Putnam
     Quinn
     Radanovich
     Rahall
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Rogers (AL)
     Rogers (KY)
     Ros-Lehtinen
     Ross
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Serrano
     Shaw
     Shays
     Sherman
     Sherwood
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Sweeney
     Tauscher
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (FL)

                             NOT VOTING--46

     Ackerman
     Ballenger
     Barton (TX)
     Berman
     Boyd
     Burgess
     Carson (IN)
     Coble
     Collins
     Cubin
     Cunningham
     Deal (GA)
     Delahunt
     Deutsch
     Dicks
     Dooley (CA)
     Dunn
     Gephardt
     Harman
     Hastings (FL)
     Hastings (WA)
     Houghton
     Isakson
     John
     Jones (NC)
     Kilpatrick
     King (NY)
     Lewis (GA)
     Lipinski
     Lowey
     McCarthy (MO)
     Mollohan
     Paul
     Peterson (PA)
     Pryce (OH)
     Reynolds
     Rodriguez
     Rothman
     Ryun (KS)
     Sabo
     Slaughter
     Smith (MI)
     Tauzin
     Thomas
     Vitter
     Young (AK)

                              {time}  1446

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Ms. McCARTHY of Missouri. Mr. Chairman, on rollcall No. 324, I was 
unavoidably detained. Had I been present, I would have voted ``no.''
  The CHAIRMAN pro tempore. Under the rule and the previous order of 
the House, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Foley) 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. 
4614) making appropriations for energy and water development for the 
fiscal year ending September 30, 2005, and for other purposes, pursuant 
to House Resolution 694, he reported the bill back to the House with 
sundry amendments 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? If not, the Chair will 
put them en gros.
  The amendments were 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.
  Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 370, 
nays 16, not voting 47, as follows:

                             [Roll No. 325]

                               YEAS--370

     Abercrombie
     Aderholt
     Akin
     Alexander
     Allen
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Bartlett (MD)
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Clyburn
     Cole
     Conyers

[[Page H5131]]


     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     DeFazio
     DeGette
     DeLauro
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doggett
     Doolittle
     Doyle
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     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
     Harris
     Hart
     Hayes
     Hayworth
     Herger
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lofgren
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     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
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     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
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (FL)

                                NAYS--16

     Andrews
     Berkley
     Flake
     Franks (AZ)
     Gibbons
     Hefley
     Hensarling
     Hostettler
     Kucinich
     Porter
     Royce
     Sensenbrenner
     Shadegg
     Stearns
     Terry
     Toomey

                             NOT VOTING--47

     Ackerman
     Ballenger
     Barton (TX)
     Berman
     Boyd
     Burgess
     Carson (IN)
     Coble
     Collins
     Cubin
     Cunningham
     Deal (GA)
     Delahunt
     Deutsch
     Dicks
     Dooley (CA)
     Dunn
     Gephardt
     Harman
     Hastings (FL)
     Hastings (WA)
     Houghton
     Isakson
     John
     Jones (NC)
     Kilpatrick
     King (NY)
     Lewis (GA)
     Lipinski
     Lowey
     McCarthy (MO)
     Mollohan
     Paul
     Peterson (PA)
     Pryce (OH)
     Reynolds
     Rodriguez
     Rothman
     Ryun (KS)
     Sabo
     Slaughter
     Smith (MI)
     Tauzin
     Thomas
     Vitter
     Weller
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Foley) (during the vote). Members are 
advised there are 2 minutes in which to record their votes.

                              {time}  1504

  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:
  Ms. McCARTHY of Missouri. Mr. Speaker, on rollcall No. 325, I was 
unavoidably detained. Had I been present, I would have voted ``yea.''

                          ____________________