[Congressional Record Volume 158, Number 83 (Tuesday, June 5, 2012)]
[Daily Digest]
[Pages D554-D558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 10 public bills, H.R. 5889-
5898; 1 private bill, H.R. 5899; and 6 resolutions, H.J. Res. 110; and 
H. Res. 674-678, were introduced.                            
  Page H3480
Additional Cosponsors:                                   
  Pages H3481-82
Reports Filed: Reports were filed today as follows:
  H.R. 436, to amend the Internal Revenue Code of 1986 to repeal the 
excise tax on medical devices, with an amendment (H. Rept. 112-514);
  H.R. 1004, to amend the Internal Revenue Code of 1986 to increase 
participation in medical flexible spending arrangements, with an 
amendment (H. Rept. 112-515);
  H.R. 5842, to amend the Internal Revenue Code of 1986 to repeal the 
amendments made by the Patient Protection and Affordable Care Act which 
disqualify expenses for over-the-counter drugs under health savings 
accounts and health flexible spending arrangements, with an amendment 
(H. Rept. 112-516); and
  H.R. 5858, to amend the Internal Revenue Code of 1986 to improve 
health savings accounts, and for other purposes, with an amendment (H. 
Rept. 112-517).                                          
Pages H3479-80
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Smith (NE) to act as Speaker pro tempore for today. 
                                                             Page H3407
Recess: The House recessed at 12:07 p.m. and reconvened at 2 p.m. 
                                                             Page H3408
Energy and Water Development and Related Agencies Appropriations Act, 
2013: The House resumed consideration of H.R. 5325, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2013, which began on Thursday, 
May 31st. Further proceedings were postponed. 
                           Pages H3409-23, H3424-32, H3444-47, H3451-78
  Agreed by unanimous consent that, during further consideration of 
H.R. 5325 in the Committee of the Whole pursuant to House Resolution 
667, no further amendment to the bill may be offered except those 
appearing in a list submitted to the desk.               
Pages H3423-24
  Agreed to:
  Welch amendment (No. 7 printed in the Congressional Record of May 31, 
2012) that makes such sums available to the Secretary of Energy as may 
be necessary to comply with the Department's energy management 
requirements under section 543(f)(7) of the National Energy 
Conservation Policy Act;                                     
Page H3419
  Kaptur amendment that prohibits funds from being used to plan for the 
termination of periodic nourishment for any water resource development

[[Page D555]]

project described in section 156 of the Water Resources Development Act 
of 1976, as amended by the Water Resources Development Act of 1986; 
                                                         Pages H3451-52
  Young (AK) amendment that prohibits funds from being used to 
implement section 10011(b) of Public Law 111-11;             
Page H3452
  Blackburn amendment that prohibits funds from being used to provide 
new loan guarantees or loan guarantee commitments under section 1705 of 
the Energy Policy Act of 2005;                               
Page H3454
  Jackson Lee (TX) amendment that prohibits funds from being used in 
contravention of the Department of Energy Organization Act; 
                                                         Pages H3455-57
  Cravaack amendment (No. 17 printed in the Congressional Record of 
June 1, 2012) that prohibits funds from being used by the Department of 
Energy to require grant recipients to replace any lighting that does 
not meet or exceed the energy efficiency standard set forth in section 
325 of the Energy Policy and Conservation Act;               
Page H3460
  Cravaack amendment that prohibits funds from being used to develop or 
submit a proposal to expand the authorized uses of the Harbor 
Maintenance Trust Fund;                                  
Pages H3460-61
  Harris amendment (No. 18 printed in the Congressional Record of June 
1, 2012) that prohibits funds from being used to fund any portion of 
the International program activities at the Office of Energy Efficiency 
and Renewable Energy of the Department of Energy with the exception of 
the activities authorized in section 917 of the Energy Independence and 
Security Act;                                                
Page H3461
  Burgess amendment (No. 10 printed in the Congressional Record of June 
1, 2012) that prohibits funds from being used to (1) implement or 
enforce section 430.32(x) of title 10, Code of Federal Regulations or 
(2) to implement or enforce the standards established by the tables 
contained in section 325(i)(1)(B) of the Energy Policy and Conservation 
Act with respect to BPAR incandescent reflector lamps, BR incandescent 
reflector lamps, and ER incandescent reflector lamps;    
Pages H3461-62
  Luetkemeyer amendment that prohibits funds from being used to 
continue the study conducted by the Army Corps of Engineers pursuant to 
section 5018(a)(1) of the Water Resources Development Act of 2007 
(agreed by unanimous consent that the earlier request for a recorded 
vote be withdrawn to the end that the Chair put the question de novo); 
                                                  Pages H3457-58, H3465
  Engel amendment that prohibits funds from being used by the 
Department of Energy or any other Federal agency to lease or purchase 
new light duty vehicles, for any executive fleet, or for an agency's 
fleet inventory, except in accordance with Presidential Memorandum-
Federal Fleet Performance, dated May 24, 2011;               
Page H3465
  Jordan amendment that prohibits funds from being used by the 
Department of Energy to issue or administer new loan guarantees for 
renewable energy systems, electric power transmission systems, or 
leading edge biofuel projects as defined by section 1705 of the Energy 
Policy Act of 2005;                                      
Pages H3470-71
  Graves (MO) amendment (No. 1 printed in the Congressional Record of 
May 31, 2012) that prohibits more than $50,000,000 from being used for 
the Missouri River Recovery Program;                     
Pages H3471-72
  Landry amendment that prohibits funds from being used within the 
borders of the State of Louisiana by the Mississippi Valley Division or 
the Southwestern Division of the Army Corps of Engineers or any 
district of the Corps within such divisions to implement or enforce the 
mitigation methodology referred to as the ``Modified Charleston 
Method'';                                                
Pages H3472-73
  Landry amendment that prohibits funds from being used to carry out 
section 801 of the Energy Independence and Security Act of 2007; 
                                                         Pages H3473-74
  Brooks amendment that prohibits funds made available for the Advanced 
Research Projects Agency--Energy from being used for unallowable costs 
related to advertising or promoting the sale of products or services in 
contravention of the requirements of section 31.205-1, or for 
unallowable expenditures related to raising capital in contravention of 
the requirements of 31.205-27, of title 48 of the Code of Federal 
Regulations;                                                 
Page H3474
  Schweikert amendment that prohibits funds from being used to enforce 
part 429 or 430 of title 10, Code of Federal Regulations, with respect 
to showerheads;                                          
Pages H3474-75
  Fortenberry amendment that prohibits funds from being used to 
finalize, implement, or enforce the proposed rule entitled ``Energy 
Conservation Program: Energy Conservation Standards for Battery 
Chargers and External Power Supplies'' (77 Fed. Reg. 18478 (March 27, 
2012)) with respect to product class 7; and                  
Page H3476
  Flores amendment that prohibits funds from being used to enforce 
section 526 of the Energy Independence and Security Act of 2007. 
                                                         Pages H3476-78
Rejected:
  Pearce amendment that sought to increase funding, by offset, for 
Defense Environmental Cleanup by $40,000,000;            
Pages H3425-26
  McClintock amendment (No. 3 printed in the Congressional Record of 
May 31, 2012) that sought to reduce funding for construction and 
expansion activities under Nuclear Energy by $514,391,000, and

[[Page D556]]

apply the savings to the spending reduction account (by a recorded vote 
of 106 ayes to 281 noes, Roll No. 315);        
Pages H3409-10, H3444-45
  Hirono amendment that sought to increase funding, by offset, for the 
Advanced Research Projects Agency--Energy by $133,400,000 (by a 
recorded vote of 131 ayes to 257 noes, Roll No. 316); 
                                               Pages H3410-12, H3445-46
  McClintock amendment (No. 5 printed in the Congressional Record of 
May 31, 2012) that sought to reduce funding for Fossil Energy Research 
and Development by $554,000,000 and apply the savings to the spending 
reduction account (by a recorded vote of 138 ayes to 249 noes, Roll No. 
317); and                                      
Pages H3412-13, H3446-47
  Matheson amendment that sought to increase funding, by offset, for 
Non-Defense Environmental Cleanup by $9,600,000 (by a recorded vote of 
152 ayes to 235 noes, Roll No. 318).              
Pages H3415-16, H3447
  Point of Order sustained against:
  Jackson Lee (TX) amendment that sought to increase funding, by 
offset, for the Army Corps of Engineers for Operation and Maintenance 
by $52,000,000.                                          
Pages H3463-64
  Proceedings Postponed:
  Connolly amendment that seeks to reduce funding for Fossil Energy 
Research and Development by $25,000,000 and apply the savings to the 
spending reduction account;                              
Pages H3413-14
  Shimkus amendment that seeks to increase funding, by offset, for the 
Nuclear Regulatory Commission by $10,000,000;            
Pages H3416-18
  Loretta Sanchez amendment that seeks to increase funding, by offset, 
for Defense Nuclear Nonproliferation by $16,000,000;     
Pages H3418-19
  Polis amendment that seeks to reduce funding for National Nuclear 
Security Administration--Weapons Activities by $298,221,000 and apply 
the savings to the spending reduction account;           
Pages H3419-20
  Burgess amendment that seeks to reduce funding for Defense Nuclear 
Nonproliferation by $100,000,000 and apply the savings to the spending 
reduction account;                                       
Pages H3420-23
  Fortenberry amendment that seeks to redirect $17,319,000 in funding 
within Defense Nuclear Nonproliferation;                 
Pages H3424-25
  Lujan amendment that seeks to increase funding, by offset, for 
Defense Environmental Cleanup by $21,899,000;                
Page H3426
  Chabot amendment that seeks to eliminate funding for the Appalachian 
Regional Commission, the Delta Regional Authority, the Denali 
Commission, the Northern Border Regional Commission, and the Southeast 
Crescent Regional Commission and apply the $99,348,000 in savings to 
the spending reduction account;                          
Pages H3429-30
  Reed amendment that seeks to increase funding, by offset, for Non-
Defense Environmental Cleanup by $36,000,000;            
Pages H3430-31
  Kucinich amendment that seeks to prohibit funds from being used to 
provide new loan guarantees under section 1703 of the Energy Policy Act 
of 2005 and reduce the funds appropriated for the Title 17 Innovative 
Technology Loan Guarantee Program by $33,000,000;        
Pages H3452-54
  Blackburn amendment that seeks to reduce each amount made available 
by this Act by 1%;                                       
Pages H3454-55
  Jackson Lee (TX) amendment that seeks to increase funding, by offset, 
for Energy Efficiency and Renewable Energy by $10,000,000; 
                                                         Pages H3458-59
  Luetkemeyer amendment that seeks to prohibit funds from being used 
for the study of the Missouri River Projects authorized in section 108 
of the Energy and Water Development and Related Agencies Appropriations 
Act, 2009;                                               
Pages H3459-60
  Tipton amendment that seeks to prohibit funds from being used to 
conduct a survey in which money is included or provided for the benefit 
of the responder;                                        
Pages H3462-63
  Rohrabacher amendment that seeks to prohibit funds from being used 
for the U.S. China Clean Energy Research Center;         
Pages H3464-65
  Stearns amendment that seeks to prohibit funds from being used by the 
Department of Energy to subordinate any loan obligation to other 
financing in violation of section 1702 of the Energy Policy Act of 2005 
or to subordinate any Guaranteed Obligation to any loan or other debt 
obligations in violation of section 609.10 of title 10 of the Code of 
Federal Regulations;                                     
Pages H3465-66
  Jackson Lee (TX) amendment that seeks to increase funding, by offset, 
for the Army Corps of Engineers--Construction by $10,000,000; 
                                                         Pages H3466-67
  Mulvaney amendment that seeks to reduce each amount made available by 
this Act by 24%, except for certain specified accounts; 
                                                         Pages H3467-68
  King (IA) amendment that seeks to prohibit funds from being used to 
implement, administer, or enforce the requirements in subchapter IV of 
chapter 31 of title 40, United States Code (commonly referred to as the 
Davis-Bacon Act); and                                    
Pages H3468-70
  Lummis amendment that seeks to prohibit funds from being used to plan 
or undertake sales or any other transfers of natural or low enriched 
uranium

[[Page D557]]

from the Department of Energy that combined exceed 1,917 metric tons of 
uranium as uranium hexafluoride equivalent in fiscal year 2013. 
                                                         Pages H3475-76
  H. Res. 667, the rule providing for consideration of the bills (H.R. 
5743), (H.R. 5854), (H.R. 5855), and (H.R. 5325), was agreed to on 
Thursday, May 31st.
Suspensions: The House agreed to suspend the rules and pass the 
following measures:
  Central Oregon Jobs and Water Security Act: H.R. 2060, amended, to 
amend the Wild and Scenic Rivers Act to adjust the Crooked River 
boundary, to provide water certainty for the City of Prineville, 
Oregon;                                                  
  Pages H3432-34
  Three Kids Mine Remediation and Reclamation Act: H.R. 2512, amended, 
to provide for the conveyance of certain Federal land in Clark County, 
Nevada, for the environmental remediation and reclamation of the Three 
Kids Mine Project Site;                                  
  Pages H3434-37
  Lake Thunderbird Efficient Use Act: H.R. 3263, to authorize the 
Secretary of the Interior to allow the storage and conveyance of 
nonproject water at the Norman project in Oklahoma;      
  Pages H3437-38
  Authorizing the conveyance of certain National Forest System lands in 
the Los Padres National Forest in California: H.R. 241, amended, to 
authorize the conveyance of certain National Forest System lands in the 
Los Padres National Forest in California;                
  Pages H3438-39
  Amending the Wild and Scenic Rivers Act to designate a segment of 
Illabot Creek in Skagit County, Washington, as a component of the 
National Wild and Scenic Rivers System: H.R. 1740, amended, to amend 
the Wild and Scenic Rivers Act to designate a segment of Illabot Creek 
in Skagit County, Washington, as a component of the National Wild and 
Scenic Rivers System;                                    
  Pages H3441-42
  York River Wild and Scenic River Study Act: H.R. 2336, amended, to 
amend the Wild and Scenic Rivers Act to designate segments of the York 
River and associated tributaries for study for potential inclusion in 
the National Wild and Scenic Rivers System;              
  Pages H3442-43
  Providing for the conveyance of certain land inholdings owned by the 
United States to the Tucson Unified School District and to the Pascua 
Yaqui Tribe of Arizona: H.R. 4222, amended, to provide for the 
conveyance of certain land inholdings owned by the United States to the 
Tucson Unified School District and to the Pascua Yaqui Tribe of 
Arizona; and                                                 
  Page H3443
  International Child Support Recovery Improvement Act of 2012: H.R. 
4282, amended, to amend part D of title IV of the Social Security Act 
to ensure that the United States can comply fully with the obligations 
of the Hague Convention of 23 November 2007 on the International 
Recovery of Child Support and Other Forms of Family Maintenance. 
                                                         Pages H3447-51
Suspensions--Proceedings Postponed: The House debated the following 
measures under suspension of the rules. Further proceedings were 
postponed:
  Salmon Lake Land Selection Resolution Act: S. 292, to resolve the 
claims of the Bering Straits Native Corporation and the State of Alaska 
to land adjacent to Salmon Lake in the State of Alaska and to provide 
for the conveyance to the Bering Straits Native Corporation of certain 
other public land in partial satisfaction of the land entitlement of 
the Corporation under the Alaska Native Claims Settlement Act and 
                                                         Pages H3439-40
  Authorizing the Secretary of Commerce to convey property of the 
National Oceanic and Atmospheric Administration to the City of 
Pascagoula, Mississippi: S. 363, to authorize the Secretary of Commerce 
to convey property of the National Oceanic and Atmospheric 
Administration to the City of Pascagoula, Mississippi.   
  Pages H3440-41
Recess: The House recessed at 6:08 p.m. and reconvened at 6:30 p.m. 
                                                         Pages H3443-44
Correcting a technical error in Public Law 112-122: The House agreed to 
discharge and pass H.R. 5890, to correct a technical error in Public 
Law 112-122.                                                 
  Page H3444
Making a technical correction in Public Law 112-108: The House agreed 
to discharge and pass H.R. 5883, to make a technical correction in 
Public Law 112-108.                                          
  Page H3444
Authorizing the use of Emancipation Hall in the Capitol Visitor Center 
for an event to award the Congressional Gold Medal, collectively, to 
the Montford Point Marines: The House agreed to discharge and agree to 
H. Con. Res. 128, to authorize the use of Emancipation Hall in the 
Capitol Visitor Center for an event to award the Congressional Gold 
Medal, collectively, to the Montford Point Marines.          
  Page H3444
Notice of Intent to Offer Motion: Representative Flake announced his 
intent to offer a motion to instruct conferees on H.R. 4348. 
                                                             Page H3444

[[Page D558]]

Notice of Intent to Offer Motion: Representative Doggett announced his 
intent to offer a motion to instruct conferees on H.R. 4348. 
                                                             Page H3447
Amendments: Amendments ordered printed pursuant to the rule appear on 
pages H3482.
Quorum Calls--Votes: Four recorded votes developed during the 
proceedings of today and appear on pages H3445, H3445-46, H3446, and 
H3447. There were no quorum calls.
Adjournment: The House met at 12 noon and adjourned at 11:04 p.m.