[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[House]
[Pages H6237-H6257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    STOP THE WAR ON COAL ACT OF 2012


                             General Leave

  Mr. WHITFIELD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 3409.
  The SPEAKER pro tempore (Mr. Fleischmann). Is there objection to the 
request of the gentleman from Kentucky?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to House Resolution 788 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. 3409.
  Will the gentleman from Kansas (Mr. Yoder) kindly take the chair.

                              {time}  0918


                     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. 3409) to limit the authority of the Secretary of the 
Interior to issue regulations before December 31, 2013, under the 
Surface Mining Control and Reclamation Act of 1977, with Mr. Yoder 
(Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Thursday, 
September 20, 2012, amendment No. 7 printed in House Report 112-680 
offered by the gentleman from Maryland (Mr. Harris) had been disposed 
of.

                              {time}  0920


          Amendment No. 8 Offered by Ms. Jackson Lee of Texas

  The Acting CHAIR. It is now in order to consider amendment No. 8 
printed in House Report 112-680.
  Ms. JACKSON LEE of Texas. Mr. Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Strike section 503 of the committee print.

  The Acting CHAIR. Pursuant to House Resolution 788, the gentlewoman 
from Texas (Ms. Jackson Lee) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Texas.
  Ms. JACKSON LEE of Texas. Mr. Chairman, this is an amendment, I 
believe, that common sense would allow us to work together and pass.
  This amendment would simply maintain the current deadline that 
existed under the previous administration of 90 days under the Clean 
Air Act by striking section 503 of the bill which artificially limits 
agency comment periods on water quality permits to 30 days with no 
possibility of extension. This existed under President Bush's 
administration.
  Why, then, would my friends on the other side of the aisle not join 
with me to say let's have regular order? Let's ensure that we give 
everyone a reasonable opportunity for a response on their quality of 
life.
  On the surface, the intent of H.R. 3409 appears to be to prevent the 
Interior Department from revising a Bush administration midnight 
regulation that significantly weakened mountaintop protections on the 
destructive practice of mountaintop removal mining. Let me remind you, 
they did not alter the comment period. Mountaintop removal mining, as 
many of us know, is a very challenging, environmentally difficult 
process. For many, they say, it creates jobs.
  What we are trying to do is to ensure that there is a balance between 
that industry and, as well, the fairness of allowing those to be able 
to comment. As it's presently drafted, this bill would reach, in fact, 
it would make it much more difficult, if you will, to deal with the 
question of rulemaking.
  The people in the State of Texas and the city of Houston appreciate 
the ability to drink cool, fresh water. So does everyone else. The idea 
of not being able to comment on the impact of this particular process 
is challenging.
  I ask my colleagues to consider the importance of coming together and 
extending, or going back to, the 90-day comment period to balance, if 
you will, the timeframe and to ensure that all are heard on any aspects 
that would impact the environment, impact the environment of this 
particular procedure.
  With that, I reserve the balance of my time.
  Mr. GIBBS. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Ohio is recognized for 5 
minutes.
  Mr. GIBBS. Mr. Chairman, I object to the amendment.
  I reserve the balance of my time.
  Ms. JACKSON LEE of Texas. Mr. Chairman, may I ask how much time 
remains.
  The Acting CHAIR. The gentlewoman from Texas has 2\1/2\ minutes 
remaining.
  Ms. JACKSON LEE of Texas. I yield 1 minute to the gentleman from 
Florida (Mr. Deutch).
  Mr. DEUTCH. I thank the gentlewoman for yielding.
  Mr. Chairman, I rise in strong support of the gentlelady's amendment 
to yet another bill that will never become law, another bill that feeds 
into the biggest problem we have here.
  The 112th Congress has actually set a sad new low for our democracy. 
We all know that President Harry Truman famously dubbed the 80th 
Congress in 1948 as the ``do-nothing Congress.'' Yet the do-nothing 
Congress of 1948 has nothing on this one. That Congress passed over 900 
laws, while the 112th Congress has passed just over 100.
  Among the countless laws blocked by the Republican majority is the 
American Jobs Act, which economists say

[[Page H6238]]

would create over 2\1/2\ million jobs. It's a sad day when the main 
drag on America's economy is the U.S. House of Representatives.
  Most Americans actually have to earn their vacation days, Mr. 
Chairman. The only thing the Congress has earned are abysmal approval 
ratings. The 112th Congress puts Harry Truman's do-nothing Congress to 
shame. At a time when our economy should come first, that, Mr. 
Chairman, is shameful.
  I rise in strong support of the gentlelady's amendment to a bill that 
prevents us from actually accomplishing the real work the American 
people expect from us.
  Mr. GIBBS. I reserve the balance of my time.
  Ms. JACKSON LEE of Texas. Mr. Chairman, let me just clarify what is 
happening with this legislation. It eliminates the EPA's authority to 
apply minimum Federal water quality standards sufficient to protect 
human and aquatic life, and it is weaker than State standards in many 
places. It strips the EPA's authority to object to the State discharge 
permits that fail to meet Clean Air Act requirements.
  Now, this is not about creating jobs, Mr. Chairman. I ask, on the 
names of our children yet unborn, to be able to have a quality of life, 
quality of water and quality of air that the requirements that they are 
trying to eliminate in this bill, the proponent of this bill, to the 
extent that they will narrow the comment period to 30 days rather than 
90 days.
  Why is that not a simple request if my good friend could not say, 
Congresswoman, we support the amendment. I hope that's what he will 
say. The difficulty that I have is I would rather, Mr. Chairman, be 
doing Medicare, tax breaks, jobs, urgent priorities that are needed.
  I just ask for a little bit of consideration on recognizing that the 
Nation is better when we have provided a quality of life for all 
Americans. Who are we to speak of the needs of the people who have coal 
in their region? What we have asked is that we put in the four 
parameters of common sense and reasonableness.
  My amendment is that. It expands back to its regular order the 
existing comment period, Mr. Chairman, to 90 days. It strikes the 
provision, and this bill that limits it to 30 days.
  The Acting CHAIR. The time of the gentlewoman has expired.
  Ms. JACKSON LEE of Texas. I ask my colleagues to support the Jackson 
Lee amendment that speaks to the health and good quality of life for 
all Americans and America's children.
  I yield back the balance of my time.


                CLEAN WATER ACT DEADLINE STUDY AMENDMENT

  I rise today and ask my colleagues to support my amendment to H.R. 
3409 which would simply maintain the current deadline of 90 days under 
the Clean Water Act, by striking Section 503 of the bill which 
artificially limits agency comment periods on water quality permits to 
30 days with no possibility of extension.
  On the surface the intent of H.R. 3409 appears to be to prevent the 
Interior Department from revising a Bush Administration midnight 
regulation that significantly weakened protections on the destructive 
practice of Mountaintop Removal Mining. Mountaintop Removal Mining is 
one the most environmentally destructive practices on earth, which has 
fouled water quality and destroyed nearly 2,000 miles of Appalachian 
streams since 1992.
  However, H.R. 3409 is drafted so that its reach would in fact be much 
broader than just this one rulemaking. The people in the State of Texas 
and the city of Houston appreciate the ability to drink cool fresh 
water which, at its core, is what the Clean Water Act is designed to 
do. This legislation goes all the way back to 1948 because pollution of 
the nation's surface waters was a very serious problem. And Mr. 
Speaker, it still is today.
  Title V of H.R. 3409 eliminates EPA's authority to apply minimum 
federal water quality standards sufficient to protect human health and 
aquatic life, if weaker state standards are in place. It strips EPA's 
authority to object to state discharge permits that fail to meet Clean 
Water Act requirements.
  And it limits EPA's ability to protect waterways from harm from 
mountaintop removal coal mining, repealing EPA's authority to veto a 
``valley fill'' permit based on environmental concerns and limiting the 
time environmental agencies have to comment to the Army Corps of 
Engineers on the environmental impacts of a proposed valley fill.
  H.R. 3409 would prevent the Secretary of the Interior from issuing 
any regulation under the Surface Mining Control and Reclamation Act 
(SMCRA) through December 31, 2013, if the regulation would, among other 
things, prohibit coal mining in any area, reduce employment in coal 
mines, or reduce coal production.
  The principal law governing pollution of the nation's surface waters 
is the Federal Water Pollution Control Act, or Clean Water Act. 
Originally enacted in 1948, it was totally revised by amendments in 
1972 that gave the act its current shape. The 1972 legislation spelled 
out ambitious programs for water quality improvement that have since 
been expanded and are still being implemented by industries and 
municipalities. In fact Mr. Chairman I would dare say that most 
Americans take clean water for granted.
  The Clean Water Act consists of two major parts, one being the 
provisions which authorize federal financial assistance for municipal 
sewage treatment plant construction. The other is the regulatory 
requirements that apply to industrial and municipal dischargers. The 
act has been termed a technology-forcing statute because of the 
rigorous demands placed on those who are regulated by it to achieve 
higher and higher levels of pollution abatement under deadlines 
specified in the law.
  Early on, emphasis was on controlling discharges of conventional 
pollutants, for example, suspended solids or bacteria that are 
biodegradable and occur naturally in the aquatic environment, while 
control of toxic pollutant discharges has been a key focus of water 
quality programs more recently.
  My colleagues Mr. Markey of Massachusetts and Mr. Waxman of 
California have done an excellent job detailing many of the harms that 
H.R. 3409 would do. It bears repeating though, that Title V of H.R. 
3409 contains H.R. 2018, which severely limits EPA's authority to apply 
minimum national standards to protect the nation's waters from 
pollution.
  Title V prevents EPA from strengthening weak state water quality 
standards, unless the state concurs, even if the water quality standard 
is insufficient to protect human health or aquatic life. It also strips 
EPA's authority to enforce discharge limits by prohibiting the agency 
from objecting to state discharge permits that fail to meet the 
requirements of the Clean Water Act. According to EPA, this title would 
``overturn almost 40 years of Federal legislation by preventing EPA 
from protecting public health and water quality.''
  In addition, the title limits EPA's ability to protect waterways from 
the devastating effects of mountaintop removal coal mining. Mountaintop 
removal coal mining involves removing mountaintops to expose coal seams 
and disposing of the material in adjacent valleys, a process known as 
valley fills. This bill removes EPA's authority to veto a valley fill 
permit based on environmental concerns, unless the state concurs with 
the veto. The bill also limits the amount of time EPA, the U.S. Fish 
and Wildlife Service, and other agencies have to provide comments to 
the Army Corps of Engineers on the potential environmental impacts of a 
proposed valley fill operation.
  Under this act, federal jurisdiction is broad, particularly regarding 
establishment of national standards or effluent limitations. Certain 
responsibilities are delegated to the states, and the act embodies a 
philosophy of federal-state partnership in which the federal government 
sets the agenda and standards for pollution abatement, while states 
carry out day-to-day activities of implementation and enforcement.
  To achieve its objectives, the act is based on the concept that all 
discharges into the nation's waters are unlawful, unless specifically 
authorized by a permit, which is the act's principal enforcement tool. 
The law has civil, criminal, and administrative enforcement provisions 
and also permits citizen suit enforcement.
  The people in the state of Texas have had a severe drought and water 
has become an even more sensitive topic. Indeed, in the West, 
Southwest, and Rocky Mountain states water management is a more 
prominent issue than it is in many other parts of this great nation. 
Given our situation in Texas I think that it is clear that we must be 
very careful not to upset the careful balance which scientists, 
engineers, and the American people have developed when managing our 
nation's water.
  The deadlines that the Majority would like to shorten are not 
arbitrary but represent realistic, reasonable, and business-friendly 
deadlines which prudent Americans have learned to adhere to and Mr. 
Speaker, we do nothing by modifying those deadlines today, so I ask my 
colleagues to support the Jackson Lee Amendment, keeping the comment 
period deadlines at 90 days.
  Mr. GIBBS. Mr. Chairman, I yield myself such time as I may consume.
  I rise in opposition to the gentlelady's amendment because it strikes 
an important provision in the bill that streamlines the section 404 
permit process, not just for coal operations, but also for billions of 
dollars of economic activity in this Nation.
  One of the loudest complaints we hear in Congress is how long it 
takes

[[Page H6239]]

the Federal Government to reach determination on permit requests. The 
Army Corps of Engineers is the lead Agency responsible for concluding 
the section 404 permit determinations. But the Clean Water Act requires 
the Corps to seek consultation with other Agencies like the National 
Marine Fisheries Service and the Fish and Wildlife Service.
  Sadly, all too often, this consultation is where the needless delays 
occur, not because of the Corps' inaction, but because of the failure 
of the other agencies to provide timely information. This section, 
title V, simply sets a more reasonable timeframe for Federal agencies 
to get information to the Corps so a permit decision can be made in a 
timely manner.
  To many of us, it is strange to see this amendment from those who 
purport to extol the virtues of Big Government since this amendment 
makes it clear they don't believe Big Government is competent enough to 
reach a decision in a reasonable amount of time.
  This section of title V, the language which has already passed the 
House in a resounding bipartisan majority, will streamline the time for 
the consuming permit application process and ensure that $220 billion 
in annual economic activity associated with section 404 activities does 
not grind to a halt. Time is money, and this is about jobs. The slower 
the time it takes to get these permits done, it holds up economic job 
activity and the creation of jobs all across America in all sectors. I 
urge all Members to oppose the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson Lee).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Ms. JACKSON LEE of Texas. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Texas will 
be postponed.


                Amendment No. 9 Offered by Mr. McKinley

  The Acting CHAIR. It is now in order to consider amendment No. 9 
printed in House Report 112-680.
  Mr. McKINLEY. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 75, line 8, before the closing quotation marks insert 
     the following:
       ``(3) Following the date of issuance of a permit by the 
     Secretary in accordance with this section, the Administrator 
     may not take any action under paragraph (1) to retroactively 
     invalidate the permit.

  The Acting CHAIR. Pursuant to House Resolution 788, the gentleman 
from West Virginia (Mr. McKinley) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from West Virginia.

                              {time}  0930

  Mr. McKINLEY. Mr. Chairman, this amendment will prohibit the EPA from 
retroactively invalidating permits after they have been issued. On 
January 13, 2011, the EPA took unprecedented action by retroactively 
revoking a lawfully issued section 404 permit for the Spruce No. 1 
surface mine in Logan County, West Virginia. This permit had been 
issued 4 years earlier after an extensive 10-year environmental review, 
including a 1,600-page environmental impact statement in which the EPA 
fully participated and agreed to all the terms and conditions included 
in the authorized permit.
  But this amendment is intended to address far more than coal mines. 
If the EPA can retroactively revoke a water permit for this industry, 
they can do the same to any other manufacturer, refinery, municipality, 
farm, or other government agency. Imagine an entrepreneur contemplating 
making an investment requiring an EPA permit but then stopping once 
they learn that the EPA could first grant the permit, allow the 
business to proceed, and then invalidate the permit, crushing the 
investment. Or, imagine a lending institution contemplating whether or 
not to loan money to someone subject to an EPA regulation. Should any 
of us be critical of them for being reluctant once they, too, become 
aware that their loan could go into default once the EPA retroactively 
revokes the permit on which the loan was granted?
  All of us in Congress should be concerned about the chilling effect 
these actions by the EPA have had and will have if they continue this 
threat to the creation of jobs by exceeding their statutory authority. 
At a time when our country is facing economic uncertainty and our 
families are struggling to make ends meet, I'm appalled by this 
continued assault on American businesses and families that the EPA has 
taken. Our job creators need a consistent and predictable regulatory 
program that will protect jobs we have and create new ones in an 
environmentally responsible manner. Remember, this amendment is not 
just for coal mining but rather it addresses virtually every business 
in America which requires certainty in their regulatory environment.
  I urge your support, and I reserve the balance of my time.
  Mr. PALLONE. Mr. Chairman, I rise to claim time in opposition to Mr. 
McKinley's amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. PALLONE. I yield myself such time as I may consume.
  Mr. Chairman, this amendment would take away the EPA's authority 
under the Clean Water Act to retroactively deny permits to fill streams 
and wetlands in order to protect drinking water supplies, recreational 
waters, and fish and wildlife habitat. Now EPA has used this authority 
to veto permits after they were issued responsibly only three times in 
40 years. All of these were extremely rare cases and these vetoes were 
necessary to protect critical water resources.
  In 1981, EPA revoked a permit for a solid waste landfill because it 
was leaking toxics into Biscayne Bay. In 1989, after objecting to a 
permit before it was issued, it overturned a permit to destroy 1,200 
acres of flood plain wetlands in Georgia. And in 2010, which Mr. 
McKinley mentions, EPA denied a permit for one of the largest 
mountaintop removal mines in Appalachia that would have buried more 
than six miles of West Virginia streams and polluted downstream waters 
with mining waste, causing permanent damage to ecosystems and streams. 
The veto was not a surprise--and I stress that. EPA consistently 
expressed its concerns about water quality impacts of this mine 
beginning from 2002 to 2006, when the Corps issued the permit.
  Let me stress this was an extremely rare action taken by EPA. And the 
first time it was used, it used the Clean Water Act to overturn an 
approved mining permit. The surface mining in the steep slopes of 
Appalachia has disrupted the biological integrity of an area about the 
size of Delaware, buried approximately 2,000 miles of streams with 
mining waste, and contaminated downstream areas with toxic elements. 
People have been drinking the byproducts of coal waste from mountaintop 
removal for more than two decades. Rather than clean and clear water 
running out of their faucets, the people of Appalachia are left with 
orange or black liquid instead.
  This is not just about the environment, Mr. Speaker; it's about 
public health. The health problems caused by exposure to these 
chemicals and heavy metals include cancer, organ failure, and learning 
disabilities. Not only that, but there are multiple cases of children 
suffering from asthma, headaches, nausea, and other symptoms likely due 
to toxic contamination from coal dust. This is an environmental justice 
issue. My colleagues on the other side of the aisle will claim EPA is 
killing jobs. I disagree with Mr. McKinley. What the EPA is doing is 
protecting the people of Appalachia from exposure to toxic chemicals 
that are harming them.

  Now to put this in perspective, each year the Army Corps of Engineers 
processes about 60,000 permits to fill waters and grants 97 percent of 
them. Over 40 years, the EPA has vetoed only three of these permits 
retroactively. On the very rare occasion one of these permits threatens 
to permanently destroy our Nation's critical water resources, the EPA 
should have the authority to stop it. This is authority that the EPA 
has used very rarely, and there is no evidence that the EPA has abused 
this authority.

[[Page H6240]]

  This amendment is completely unnecessary. I urge Members to oppose it 
and to protect EPA's authority to safeguard our waters and our drinking 
water sources.
  I reserve the balance of my time.
  Mr. McKINLEY. Mr. Chairman, I ask how much time remains.
  The Acting CHAIR. Both gentlemen have 2 minutes remaining.
  Mr. McKINLEY. Mr. Chairman, I yield 1 minute to the gentleman from 
Ohio (Mr. Gibbs).
  Mr. GIBBS. I rise in strong support of the amendment. I chair the 
committee. We had the hearings on this issue. And let's get straight 
what this issue is. His amendment stops a revocation of a permit after 
it's been issued. And what the gentleman just referred to is a permit. 
During the application process the law allows the EPA to veto a permit. 
But after it's been approved, this amendment takes care of not being 
able to revoke it years later, in the instance that it was done.
  Keep in mind, the revocation that occurred was not because they were 
in violation of the permit. It was nothing but political theater. There 
was no violation of the permit. The State of West Virginia EPA stated 
that and the Army Corps said there was no violation of permit. This is 
revocation that sets a bad dangerous, precedent to economic growth in 
our country.
  Mr. PALLONE. Mr. Chairman, I want to point out that, in addition to 
this being a terrible amendment, it's also an amendment that's going 
nowhere. And it really frustrates me that on the last day of the 
session before the election, this do-nothing Congress continues to 
bring up bills that are going nowhere--and they know are going nowhere.
  For 2 years, the House Republicans have picked millionaires over 
Medicare and the middle class. Now they plan to leave town today 
without entering into law any responsible deficit reduction, any middle 
class tax cuts, the American Jobs Act. They have no jobs bill. The farm 
bill they have neglected. The Violence Against Women Act. These are all 
urgent priorities that we should be working on right now rather than 
trying to pass amendments or bills that are going nowhere.
  The American people can't afford a do-nothing Republican Congress 
that refuses to act on issues critical to middle class families, to 
small businesses, to farmers, and to women. I urge the Republican 
leadership to just stay in town and complete our work. Don't waste our 
time on bills like this that are going nowhere. The Senate is never 
going to take this up.
  Now here are a few of the things that the do-nothing Republican 
Congress has found time to do:
  Voted to end Medicare as we know it and increase costs on seniors by 
$6,400.
  Republicans chose millionaires over the middle class, giving more tax 
breaks to the wealthiest.
  Republicans vote for corporations that ship jobs overseas over 
passing the American Jobs Act.
  Republicans voted to restrict women's access to health services.
  It is amazing to me that we sit here hour after hour on the last day 
because they refuse to continue to work and talk about bills going 
nowhere, when all these other major priorities need to be addressed.
  I reserve the balance of my time.
  Mr. McKINLEY. Do I have the right to close?
  The Acting CHAIR. The gentleman from New Jersey has 30 seconds 
remaining. The gentleman from West Virginia has 1\1/4\ minutes. The 
gentleman from New Jersey has the right to close.
  Mr. McKINLEY. Mr. Chairman, briefly, let me just underscore here how 
people try to distract attention away from the argument. We've heard 
all these other arguments. I've heard the opponents talk about this is 
the first time or the third time or whatever that is. Let's go back to 
what the courts have said. Perhaps we need to have on the other side a 
little bit more education. Because the Federal courts have already 
struck down that initial reading. Shame on you--anyone--for not having 
read all this.
  The Federal court said the EPA's interpretation of the act is not 
reasonable. Neither the statute nor the memorandum of agreement between 
the EPA and the Corps makes any provision for a post-permit veto, and 
this agency was completely unable to articulate what the practical 
consequences of its actions would be.

                              {time}  0940

  In addition, the court went on to say that the Clean Water Act does 
not give the EPA the power to render a permit invalid once it has been 
issued by the Corps.
  We ought to put this to rest, codify it, and move on.
  Mr. Chairman, I yield back the balance of my time.
  Mr. PALLONE. Mr. Chairman, I'm very much aware that the EPA's veto 
was challenged by the mining company, and the EPA has appealed this 
ruling. I'm hoping that the Court of Appeals will see the light and 
understand that the EPA should be able to protect the health of the 
people of Appalachia.
  Again, this amendment is completely unnecessary, and it's part of a 
process where this Republican House does absolutely nothing but waste 
our time. We shouldn't be leaving today. We should be staying and doing 
our work.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from West Virginia (Mr. McKinley).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. McKINLEY. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from West 
Virginia will be postponed.


                 Amendment No. 10 Offered by Mr. Markey

  The Acting CHAIR. It is now in order to consider amendment No. 10 
printed in House Report 112-680.
  Mr. MARKEY. I have an amendment at the desk, Mr. Chairman.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of the Rules Committee Print, add the following 
     new title:

    TITLE VI--COMBINED EFFICIENCY AND RENEWABLE ELECTRICITY STANDARD

     SEC. 601. COMBINED EFFICIENCY AND RENEWABLE ELECTRICITY 
                   STANDARD.

       (a) Definitions.--For purposes of this section:
       (1) Distributed renewable generation facility.--The term 
     ``distributed renewable generation facility'' means a 
     facility that--
       (A) generates renewable electricity;
       (B) primarily serves 1 or more electricity consumers at or 
     near the facility site; and
       (C) is no greater than 2 megawatts in capacity.
       (2) Electric consumer.--The term ``electric consumer'' has 
     the meaning given that term in section 3 of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602).
       (3) Electric utility.--The term ``electric utility'' has 
     the meaning given that term in section 3 of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602), 
     except that, for the purposes of this section, such term does 
     not include any agency, authority, or instrumentality of the 
     United States Government.
       (4) Electricity savings.--The term ``electricity savings'' 
     means reductions in electricity consumption, relative to 
     business-as-usual projections, achieved through measures 
     implemented after the date of enactment of this section.
       (5) Federal renewable electricity credit.--The term 
     ``Federal renewable electricity credit'' means a credit, 
     representing one megawatt hour of renewable electricity, 
     issued pursuant to subsection (e).
       (6) Renewable electricity.--The term ``renewable 
     electricity'' means electricity generated (including by means 
     of a fuel cell) from a renewable energy resource.
       (7) Renewable energy resource.--The term ``renewable energy 
     resource'' means each of the following:
       (A) Wind energy.
       (B) Solar energy.
       (C) Geothermal energy.
       (D) Renewable biomass.
       (E) Biogas or biofuels derived from renewable biomass.
       (F) Hydropower generated by a hydroelectric facility placed 
     in service after January 1, 2001.
       (G) Marine and hydrokinetic renewable energy, as that term 
     is defined in section 632 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17211).
       (H) Such other energy resources as the Secretary determines 
     appropriate.
       (8) Retail electric supplier.--The term ``retail electric 
     supplier'' means, for any given year, an electric utility 
     that sold not less than 1,000,000 megawatt hours of electric 
     energy to electric consumers for purposes other than resale 
     during the preceding calendar year.
       (9) Retail electric supplier's base amount.--The term 
     ``retail electric supplier's base amount'' means the total 
     amount of electric energy sold by the retail

[[Page H6241]]

     electric supplier, expressed in megawatt hours, to electric 
     customers for purposes other than resale during the relevant 
     calendar year, excluding--
       (A) electricity generated by a hydroelectric facility that 
     was placed in service prior to January 1, 2001;
       (B) electricity generated by the combustion of municipal 
     solid waste;
       (C) electricity generated by a nuclear generating unit 
     placed in service after the date of enactment of this 
     section; and
       (D) the proportion of electricity generated by a fossil-
     fueled generating unit that is equal to the proportion of 
     greenhouse gases produced by such unit that are captured and 
     geologically sequestered.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (11) Total annual electricity savings.--The term ``total 
     annual electricity savings'' means electricity savings during 
     a specified calendar year from measures implemented since the 
     date of the enactment of this section, taking into account 
     verified measure lifetimes or verified annual savings 
     attrition rates, as determined in accordance with such 
     regulations as the Secretary may promulgate and measured in 
     megawatt hours.
       (b) Annual Compliance Obligation.--
       (1) In general.--For each of calendar years 2014 through 
     2040, not later than March 31 of the following calendar year, 
     each retail electric supplier shall submit to the Secretary 
     an amount of Federal renewable electricity credits and 
     demonstrated total annual electricity savings that, in the 
     aggregate, is equal to such retail electric supplier's annual 
     combined target as set forth in subsection (d), except as 
     otherwise provided in subsection (g).
       (2) Demonstration of savings.--For purposes of this 
     subsection, submission of demonstrated total annual 
     electricity savings means submission of a report that 
     demonstrates, in accordance with the requirements of 
     subsection (f), the total annual electricity savings achieved 
     by the retail electric supplier within the relevant 
     compliance year.
       (3) Renewable electricity credits portion.--Except as 
     provided in paragraph (4), each retail electric supplier must 
     submit Federal renewable electricity credits equal to at 
     least three quarters of the retail electric supplier's annual 
     combined target.
       (4) State petition.--Upon written request from the Governor 
     of any State (including, for purposes of this paragraph, the 
     Mayor of the District of Columbia), the Secretary shall 
     increase, to not more than half, the proportion of the annual 
     combined targets of retail electric suppliers located within 
     such State that may be met through submission of demonstrated 
     total annual electricity savings, provided that such increase 
     shall be effective only with regard to the portion of a 
     retail electric supplier's annual combined target that is 
     attributable to electricity sales within such State.
       (c) Establishment of Program.--Not later than 1 year after 
     the date of enactment of this section, the Secretary shall 
     promulgate regulations to implement and enforce the 
     requirements of this section.
       (d) Annual Compliance Requirement.--
       (1) Annual combined targets.--For each of calendar years 
     2014 through 2040, a retail electric supplier's annual 
     combined target shall be the product of--
       (A) the required annual percentage for such year, as set 
     forth in paragraph (2); and
       (B) the retail electric supplier's base amount for such 
     year.
       (2) Required annual percentage.--
       (A) In general.--For each of calendar years 2014 through 
     2040, the required annual percentage shall be as follows:


------------------------------------------------------------------------
                                                        Required annual
                         Year                              percentage
------------------------------------------------------------------------
2014                                                                   8
2015                                                                  10
2016                                                                  12
2017                                                                  14
2018                                                                  16
2019                                                                  18
2020                                                                  20
2021                                                                  22
2022                                                                  24
2023                                                                  26
2024                                                                  28
2025                                                                  30
2026                                                                  32
2027                                                                  34
2028                                                                  36
2029                                                                  38
2030                                                                  40
2031                                                                  42
2032                                                                  44
2033                                                                  46
2034                                                                  48
2035 through 2040                                                     50
------------------------------------------------------------------------

       (B) Adjustments permitted.--The Secretary may adjust the 
     required annual percentages described in subparagraph (A) if 
     the Secretary finds that such percentages are not technically 
     or economically feasible or pose a threat to electric 
     reliability.
       (e) Federal Renewable Electricity Credits.--
       (1) In general.--The regulations promulgated under this 
     section shall include provisions governing the issuance, 
     tracking, and verification of Federal renewable electricity 
     credits. Except as provided in paragraph (2) of this 
     subsection, the Secretary shall issue to each generator of 
     renewable electricity, 1 Federal renewable electricity credit 
     for each megawatt hour of renewable electricity generated by 
     such generator after December 31, 2013. The Secretary shall 
     assign a unique serial number to each Federal renewable 
     electricity credit.
       (2) Credit multiplier for distributed renewable 
     generation.--The Secretary shall issue 3 Federal renewable 
     electricity credits for each megawatt hour of renewable 
     electricity generated by a distributed renewable generation 
     facility.
       (3) Trading.--The lawful holder of a Federal renewable 
     electricity credit may sell, exchange, transfer, submit for 
     compliance in accordance with subsection (b).
       (4) Banking.--A Federal renewable electricity credit may be 
     submitted in satisfaction of the compliance obligation set 
     forth in subsection (b) for the compliance year in which the 
     credit was issued or for any of the 3 immediately subsequent 
     compliance years.
       (f) Electricity Savings.--
       (1) Standards for measurement of savings.--As part of the 
     regulations promulgated under this section, the Secretary 
     shall prescribe standards and protocols for defining and 
     measuring electricity savings and total annual electricity 
     savings that can be counted towards the compliance obligation 
     set forth in subsection (b).
       (2) Reporting savings.--The regulations promulgated under 
     this section shall establish requirements governing the 
     submission of reports to demonstrate, in accordance with the 
     protocols and standards for measurement and verification 
     established under this subsection, the total annual 
     electricity savings achieved by a retail electric supplier 
     within the relevant year.
       (g) Alternative Compliance Payments.--
       (1) In general.--A retail electric supplier may satisfy the 
     requirements of subsection (b) in whole or in part by 
     submitting in accordance with this subsection, in lieu of 
     each Federal renewable electricity credit or megawatt hour of 
     demonstrated total annual electricity savings that would 
     otherwise be due, a payment equal to $25, adjusted for 
     inflation on January 1 of each year following calendar year 
     2014, in accordance with such regulations as the Secretary 
     may promulgate.
       (2) Payments.--Payments made under this subsection shall be 
     deposited into the general fund of the Treasury and shall be 
     available, subject to appropriations, to the Secretary for 
     the administrative costs of implementing this section.

  The Acting CHAIR. Pursuant to House Resolution 788, the gentleman 
from Massachusetts (Mr. Markey) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. MARKEY. Mr. Chairman, I yield myself such time as I may consume.
  My amendment is going to call for 25 percent of the electricity in 
the United States being generated by renewables by the year 2035.
  The United States, excluding hydro, is already up to 7 or 8 percent 
of all of our electricity generated by renewables here in 2012. So, 23 
years from now, the goal would be to reach 25 percent.
  Now, why do I feel compelled to bring this amendment out here? Well, 
while the Republicans say that there's a war on coal, so far in this 
first year and 9 months that they have controlled the United States 
Congress, they have declared war on solar; they have declared war on 
wind; they have declared war on all renewables. That's why I bring this 
amendment down here to the House floor.
  They are going to kill the production tax credit for wind energy that 
is going to send the wind industry off a cliff next year.
  Already, 2,367 jobs have been lost in the wind industry because of 
Republican action. Forty thousand jobs will be lost next year because 
of Republican action. They are out to deliberately kill these jobs. How 
many will be lost? Three thousand to 4,000 jobs in Pennsylvania will be 
lost; 4,000 to 5,000 jobs in Colorado will be lost; 5,000 to 6,000 wind 
jobs will be lost in Ohio; 6,000 to 7,000 wind jobs will be lost in 
Iowa if the Republican policy is allowed to be put on the books.
  They have declared war on wind. They have declared war on solar, on 
geothermal, on biomass.
  Ladies and gentlemen, what my amendment does is say let's have a plan 
for everything else because it's not going to be a part of the 
Republican plan.
  So, by the year 2035, 25 percent of all electricity in our country 
must come from renewables.
  Now, how do we know this is possible? There were 12,000 new megawatts 
of wind installed in the United States this year; 3,200 new megawatts 
of solar installed in the United States this year.
  So, geothermal, biomass, it's all growing. What's their goal? Kill 
it. That's their problem. Natural gas is

[[Page H6242]]

rising. It hurts the coal industry. It's the marketplace.
  Wind and solar are growing, geothermal and biomass are growing. They 
don't want a level playing field. They want to pick winners and losers. 
They want to pick favorites. That's what it's all about.
  So far in their control of the Congress in just a year and 9 months, 
they have voted to slash research and development for wind and solar, 
they have voted to end loan guarantees for wind and solar, they have 
voted to kill the transmission wires to carry wind and solar to our 
homes and our offices.
  The Republicans are so opposed to Americans having access to clean 
energy that even when it is built they don't even want to have the 
transmission lines to get it to American homes.
  It's a war on solar and wind. My amendment ensures that there is a 
pathway to the future for the most abundant American energy source, 
wind and solar, geothermal and biomass. It's all here in America.
  At this point, I reserve the balance of my time.
  Mr. WHITFIELD. I rise to claim time in opposition.
  The Acting CHAIR. The gentleman from Kentucky is recognized for 5 
minutes.
  Mr. WHITFIELD. I reserve the balance of my time.
  Mr. MARKEY. I continue to reserve the balance of my time.
  The Acting CHAIR. The gentleman from Kentucky has the right to close.
  The gentleman from Massachusetts has 1\1/4\ minutes remaining.
  Mr. MARKEY. If I may inquire from the Chairman, is the majority 
saying that there is only one speaker remaining on their side?
  The Acting CHAIR. Yes.
  Mr. MARKEY. Then I will yield myself the balance of my time.
  Wind and solar is the most abundant source of energy in the United 
States--when we capture it. Einstein won his Nobel Prize in 1921, the 
only one that won a Nobel Prize, and that's on how to capture the power 
of the sun. And now we're on the cusp of doing this successfully as the 
price per kilowatt hour drops and drops--and then it's all American.
  And who is now looming over our shoulder, even though we invented 
these technologies, even though we're producing these technologies, are 
the Chinese, the Indians, and others who will pounce on this global 
opportunity to create the jobs here in the United States, to export 
this technology around the world even as we deploy the technology here 
in our country that backs out the energy sources from around the rest 
of the world. This is what they fear.
  They fear the innovation. They fear the change. They fear our ability 
to capture wind and solar to be able to power the vehicles which we 
drive in our country, to be able to send up a cleaner source of energy 
up into the sky that does not pollute. That's what this battle is all 
about.
  We do not want special advantage. All we want is a level playing 
field. The Republicans continue this war against wind and solar.
  Vote ``aye'' for the Markey amendment, 25 percent renewable 
electricity by the year 2035.
  I yield back the balance of my time.
  Mr. WHITFIELD. Mr. Chairman, we haven't declared war on wind or solar 
or anything else. We simply don't believe that when you have a $16 
trillion Federal debt that the Federal Government should use taxpayers' 
money to serve as venture capital for risky ventures like Solyndra that 
received $538 million and now is bankrupt. If this technology is so 
good, let the free market develop it. It does not need taxpayer 
support.
  Yet, on the other hand, this administration has adopted policies that 
you can't even build a new coal-powered plant in America because 
there's no technology available to meet the new emissions standards of 
the Obama EPA.
  On this particular amendment, on page 7 of the amendment, it says 
that by the year 2035 that 50 percent of the electricity would have to 
be produced from renewables. The gentleman in his comments said 25 
percent, but this amendment says 50.

                              {time}  0950

  Mr. MARKEY. Will the gentleman yield? That is not accurate.
  Mr. WHITFIELD. Well, I'm just reading from page 7.
  Anyway, this amendment simply creates a national renewable 
electricity standard. We've seen it before. It was in the Markey-Waxman 
cap-and-trade bill in the last Congress, which was rejected by the 
Congress.
  This amendment does nothing more than determine for the American 
people where their electricity will come from and that they are going 
to be paying more for it.
  So I urge people to vote against the Markey amendment, and I yield 
back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Massachusetts (Mr. Markey).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. MARKEY. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from 
Massachusetts will be postponed.
  Amendment No. 11 Offered by Mr. DeFazio
  The Acting CHAIR. It is now in order to consider amendment No. 11 
printed in House Report 112-680.
  Mr. DeFAZIO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of the Rules Committee Print, add the following 
     title:

                 TITLE VI--REPORT ON FUGITIVE COAL DUST

     SEC. 601. REPORT.

       Not later than 6 months after the date of enactment of this 
     Act, the Administrator of the Environmental Protection Agency 
     and the Secretary of Transportation shall submit to Congress 
     a joint report on the health, environmental, and public 
     safety impacts of fugitive dust emissions from coal 
     transport.

  The Acting CHAIR. Pursuant to House Resolution 788, the gentleman 
from Oregon (Mr. DeFazio) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. DeFAZIO. Well, today, the do-nothing Congress will slink out of 
town. It's going to be the earliest adjournment in an election year 
since 1960; but, you know, I guess the Nation has no problems and 
there's no work undone, so it's just time to go home and campaign. It's 
pretty extraordinary. We've enacted one-quarter the number of bills 
into law of Harry Truman's do-nothing Congress, 1947-48. So I guess 
this is the ``do-nothing-er'' Congress.
  So here we are again today. We are going to consider today--the only 
work today will be four bills that have previously passed the House. 
Someone hasn't read their civics textbooks. If you pass a bill and send 
it to the Senate, it's there; they'll consider it or they won't 
consider it. If you pass it again and send it again, it doesn't make 
any difference. In fact, it's somewhat repetitive and wasteful of 
everybody's time when we could be doing postal reform to ensure the 
future of the post office. We could be doing a farm bill; there are a 
lot of people suffering a horrible drought. We could be dealing with 
the sequestration, which there's concern on both sides of the aisle on 
that. But we're not. We're considering four bills previously passed and 
one new one.
  Well, I have a reasonable amendment to an unreasonable bill, which is 
now before us, which is the one new bill before us. My amendment would 
ask that within 6 months--that's not very long--the Department of 
Transportation and the EPA submit a report to Congress on fugitive coal 
dust. Now, it seems a couple of extraordinary letters have been sent 
out saying, my God, this will stop projects and exports that are going 
forward--undue delay. I'm not aware of anything that would be delayed 
by this. It says a study will be done; it doesn't delay any ongoing 
applications or projects at all. But what it would do is potentially 
avert a tremendous amount of litigation down the road. If we find that 
fugitive coal dust is not a problem--which the coal industry says--then 
that would relieve a lot

[[Page H6243]]

of people in gateway ports and large cities in the West where coal dust 
is being proposed to transit through those cities, including cities in 
my district.
  People are very concerned about this. They want to know, is it a 
problem. How far from the loading point does fugitive coal dust get 
emitted from the car? Are there ways to deal with the fugitive coal 
dust? Does the surfactant work? Is that a solution? Should the cars be 
covered? Is that a solution? What are the problems? What are the 
problems at its destination in terms of whether or not there would be 
coal dust at the port destinations? If the coal is stored outside, how 
is it transported onto the ship? Et cetera, et cetera. So if we had 
these answers, we could talk about the safe and clean transport and 
allay a lot of concerns that are ultimately going to lead to a lot of 
litigation unless we know.
  Now, the industry says, oh, it's been studied. Well, no, it hasn't. 
In fact, one railroad has pursued action against the coal industry 
because fugitive coal dust has caused safety problems on the railroad. 
It gets into the ballast; it blocks the ballast from draining. The 
ballast destabilizes, the tracks destabilize, and trains can derail. 
Now, that seems to me like a problem that should be dealt with. And 
there may be some very, very simple ways to deal with it. Some say 
surfactants; some say covered cars. There are other potential solutions 
out there. Wouldn't it be good to know? Wouldn't it be good to know? 
That's all I'm saying. A 6-month study and a report to Congress won't 
delay anything at all. It just would give us some knowledge. And I 
would hope that we legislate around here with a little bit of knowledge 
and not just off the cuff.
  With that, I reserve the balance of my time.
  Mr. WHITFIELD. Mr. Chairman, I rise to claim time in opposition.
  The Acting CHAIR. The gentleman from Kentucky is recognized for 5 
minutes.
  Mr. WHITFIELD. I reserve the balance of my time.
  Mr. DeFAZIO. Does that mean there's only one speaker on their side?
  The Acting CHAIR. That is correct.
  Mr. DeFAZIO. May I inquire of the Chair how much time I have 
remaining.
  The Acting CHAIR. The gentleman from Oregon has 1 minute remaining.
  Mr. DeFAZIO. Again, we will hear apocryphal denouncements from the 
other side of the aisle--this will cost millions of jobs and billions 
of dollars and stymie our exports. No, it's a study. It's a study that 
would take 6 months. It's a study that, if it agrees with the 
industry's conclusions, would assure the American public that there 
won't be problems with these trains transiting through their hometowns.
  It's something we should know. It's something the government should 
look at. Apparently, there are some propriety studies that we aren't 
allowed to see that say there's no problem. Well, if that's true, then 
the railroads and the industry should let the American public see those 
propriety studies. Really, not too many people are willing to take 
someone at their word when it comes to an issue of public health.
  So it's a very simple amendment. It won't delay anything; it will 
take 6 months. It will cost very little, and it will give us the 
information and knowledge we need to figure out how to safely transport 
coal.
  And with that, I yield back the balance of my time.
  Mr. WHITFIELD. We have great respect for our friends on the other 
side of the aisle. I think we all recognize that we do have basic 
differences in our philosophy about the way energy is produced in 
America. It's quite clear that many people on the other side of the 
aisle are very much opposed to coal. Not only do they not want us to 
burn coal in America; they don't want us to export coal to other 
countries even though it would help our trade deficit and would 
preserve jobs in the coal industry.
  This particular amendment on fugitive dust is really unnecessary 
because fugitive dust from the transport of coal is already regulated 
at the Federal and State level under the Clean Air Act, as well as 
State fugitive dust laws and regulations. EPA already is required to 
study the environmental and health impacts from particulate matter from 
all sources, including fugitive sources, and of all compositions, 
including coal dust. The most recent summary of that science was 
published by EPA in 2009 and supplemented in 2010. In fact, this week 
the Army Corps of Engineers also announced that it will conduct an 
environmental assessment of the proposed coal terminal in the sponsor's 
district.
  So I would say that we already have adequate protection. There's no 
need for this amendment, although I'm sure it's offered with the very 
best of intentions.
  So I would urge our Members to oppose this amendment and would yield 
back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Oregon (Mr. DeFazio).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Oregon will 
be postponed.

                              {time}  1000


                 Amendment No. 12 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in House Report 112-680.
  Mr. FLAKE. Mr. Chair, I rise as the designee of the gentleman from 
North Dakota to offer amendment No. 12 made in order by the rule 
providing for consideration of H.R. 3409.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of the Rules Committee Print, add the following 
     new title:

               TITLE VI--REGIONAL HAZE REGULATORY RELIEF

     SEC. 601. IMPLEMENTATION PLANS.

       Section 110 of the Clean Air Act (42 U.S.C. 7410) is 
     amended--
       (1) in subsection (c), by striking ``(c)(1) The 
     Administrator'' and all that follows through the end of 
     paragraph (1) and inserting the following:
       ``(c) Federal Plans.--
       ``(1) Plans.--
       ``(A) In general.--Except as provided in subparagraph (C), 
     unless the conditions described in subparagraph (B) are met, 
     the Administrator shall promulgate a Federal implementation 
     plan at any time after the date that is 2 years after the 
     date on which the Administrator--
       ``(i) finds that a State has failed to make a required 
     submission or finds that the plan or plan revision submitted 
     by the State does not satisfy the minimum criteria 
     established under subsection (k)(1)(A); or
       ``(ii) disapproves a State implementation plan submission.
       ``(B) Conditions.--The conditions described in this 
     subparagraph are that, before the date on which the 
     Administrator promulgates a Federal implementation plan--
       ``(i) a State corrects a deficiency in a State 
     implementation plan or plan revision submitted by the State; 
     and
       ``(ii) the Administrator approves the plan or plan 
     revision.
       ``(C) Visibility protection plans.--In the case of a 
     Federal implementation plan promulgated after the date of 
     enactment of this subparagraph in place of a State 
     implementation plan under section 169A--
       ``(i) the Administrator shall promulgate such Federal 
     implementation plan only if the Administrator makes a finding 
     that the State submitting the State implementation plan 
     failed to consider the factors described in paragraphs (1) 
     and (2) of section 169A(g) in preparing and submitting the 
     plan; and
       ``(ii) compliance with the requirements of such Federal 
     implementation plan shall not be required earlier than 5 
     years after the date of promulgation.''; and
       (2) in subsection (k)--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) Full approval and disapproval.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), in the case of any submission for which the 
     Administrator is required to act under paragraph (2), the 
     Administrator shall approve the submission as a whole if the 
     submission meets all of the applicable requirements of this 
     Act.
       ``(B) Review.--In reviewing any State implementation plan 
     submitted pursuant to section 169A, the Administrator shall 
     limit the review only to a determination of whether the State 
     submitting the State implementation plan considered the 
     factors described in paragraphs (1) and (2) of section 
     169A(g) in preparing and submitting the plan.
       ``(C) Visibility plans.--The Administrator shall approve as 
     a whole any implementation plan submitted pursuant to section 
     169A that was prepared and submitted after consideration of 
     the factors described in paragraphs (1) and (2) of section 
     169A(g).''; and
       (B) in paragraph (5)--
       (i) in the first sentence, by striking ``Whenever'' and 
     inserting the following:

[[Page H6244]]

       ``(A) In general.--Whenever''; and
       (ii) by adding at the end the following:
       ``(B) Visibility plans.--Notwithstanding subparagraph (A), 
     with respect to an implementation plan approved pursuant to 
     section 169A, the Administrator shall only find that such a 
     plan is substantially inadequate to meet standards for air 
     pollutants that cause or contribute to the impairment of 
     visibility, or any other applicable standard or requirement, 
     under that section if the Administrator makes a finding that, 
     in preparing the plan, the submitting State failed to 
     consider the factors described in paragraphs (1) and (2) of 
     section 169A(g).
       ``(C) Existing visibility plans.--
       ``(i) Request for revocation.--At any time after the date 
     of enactment of this subparagraph--

       ``(I) a State may request that the existing Federal or 
     State implementation plan for the State regarding visibility, 
     or any determination made in calendar year 2012 or 2013 of 
     best available retrofit technology pursuant to section 169A, 
     be revoked; and
       ``(II) upon receipt of such a request, the Administrator 
     shall revoke the implementation plan.

       ``(ii) Submission of new or revised plan.--Upon a 
     revocation under clause (i)(II), the State that requested the 
     revocation shall, not later than 2 years after such 
     revocation, submit to the Administrator a new or revised 
     visibility plan in accordance with this Act.''.

     SEC. 602. VISIBILITY PROTECTION FOR FEDERAL CLASS I AREAS.

       Section 169A of the Clean Air Act (42 U.S.C. 7491) is 
     amended--
       (1) in subsection (b)(2), in the matter preceding 
     subparagraph (A), by striking ``as may be necessary'' and 
     inserting ``as the State determines, at the sole discretion 
     of the State after considering factors described in this 
     section and providing adequate opportunity for public 
     comment, may be necessary''; and
       (2) in subsection (g)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1)(A) in determining reasonable progress, there shall be 
     taken into consideration--
       ``(i) the costs of compliance;
       ``(ii) the time necessary for compliance;
       ``(iii) the energy and nonair quality environmental impacts 
     of compliance;
       ``(iv) the remaining useful life of any existing source 
     subject to requirements under this section;
       ``(v) the degree of improvement in visibility that may 
     reasonably be anticipated to result from measures described 
     in the applicable implementation plan; and
       ``(vi) the economic impacts to the State (including people 
     of the State);
       ``(B) in consideration of costs of compliance pursuant to 
     subparagraph (A)(i), the State may use source-specific cost 
     estimations developed by a licensed professional engineer as 
     an alternate to other methods of estimation approved by the 
     Administrator; and
       ``(C) in consideration of the degree of improvement in 
     visibility pursuant to subparagraph (A)(v), the State may use 
     alternate modeling techniques or methods than those 
     prescribed by the Administrator in the Agency's `Guideline on 
     Air Quality Models' under appendix W to part 51 of title 40, 
     Code of Federal Regulations, and, where available, measured 
     emissions and monitoring data shall be used;'';
       (B) in paragraph (2)--
       (i) by striking ``(2) in determining best available 
     retrofit technology the State'' and inserting the following:
       ``(2) in determining the best available retrofit 
     technology--
       ``(A) the State'';
       (ii) in subparagraph (A) (as designated by clause (i)), by 
     inserting ``the economic impacts to the State (including 
     people of the State),'' after ``life of the source,'';
       (iii) by striking ``technology;'' and inserting 
     ``technology; and''; and
       (iv) by adding at the end the following:
       ``(B) in consideration of the costs of compliance pursuant 
     to subparagraph (A), the State may use source-specific cost 
     estimations developed by a licensed professional engineer as 
     an alternate to other methods of estimation approved by the 
     Administrator;
       ``(C) with respect to consideration of the degree of 
     improvement in visibility pursuant to subparagraph (A)--
       ``(i) the State may use alternate modeling techniques or 
     methods than those prescribed by the Administrator in the 
     Agency's `Guideline on Air Quality Models' under appendix W 
     to part 51 of title 40, Code of Federal Regulations;
       ``(ii) the State may consider the degree of improvement in 
     visibility in the mandatory class I Federal area that is most 
     affected by emissions from the source without considering the 
     degree of improvement in visibility in any other such area; 
     and
       ``(iii) the Administrator (in any case in which the 
     Administrator has authority to determine emission limitations 
     which reflect such technology) may not consider the degree of 
     improvement in visibility in any area other than the 
     mandatory class I Federal area that is most affected by 
     emissions from the source; and
       ``(D) the determination of best available retrofit 
     technology by the State for any source shall be subject to 
     review by the Administrator, an administrative entity, or a 
     Federal or State court only pursuant to a clearly erroneous 
     standard of review;''; and
       (C) in paragraph (4), by striking ``(or the date of 
     promulgation of such a plan revision in the case of action by 
     the Administrator under section 110(c) for purposes of this 
     section)''.

  The Acting CHAIR. Pursuant to House Resolution 788, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. I thank the Chair, and I'll immediately yield 1 minute to 
the gentleman from North Dakota (Mr. Berg).
  Mr. BERG. I thank the gentleman for yielding and joining me in this 
amendment. I rise to support our amendment to ensure States continue to 
have control over regional haze regulations.
  When Congress first established EPA's Regional Haze Program, it 
acknowledged that regional haze and visibility regulation has to do 
purely with aesthetic value and not public health. For that very 
reason, Congress emphasized that the States, not EPA, should be the 
decisionmakers when it comes to regulations of regional haze.
  Instead of empowering States to do what's best for their citizens, 
the Obama administration has, again, imposed another costly one-size-
fits-all regulation for the producers of energy, who are the most 
critical job creators in my State and across the country.
  Our amendment will limit EPA's availability to override States' 
management of regional haze, and it empowers States to implement their 
own regional haze management plans, the plans that best fit their 
individual needs.
  It's time to stop the war on coal, and I urge my colleagues to 
support our amendment on the underlying bill.
  Mr. WAXMAN. Mr. Chairman, I seek to claim the time in opposition to 
the amendment.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. WAXMAN. Mr. Chairman and my colleagues, I oppose this amendment. 
It would make a terrible bill even worse.
  Our Nation's environmental laws are founded on cooperative 
federalism. This is how it works:
  The Federal Government sets minimum standards to assure that every 
American has a basic level of protection so no one is forced to breathe 
dirty air or drink dirty water. Then the States decide how to meet 
those standards, or set stronger standards if they choose. The States 
also implement the programs they adopt. Finally, if a State fails to 
act, EPA can step in and do the job itself.
  This approach has worked well for over 40 years. It means that there 
is a healthy give-and-take between the States and the Environmental 
Protection Agency. The States receive Federal funds, and they run their 
own programs. But EPA has the tools to encourage the States to do more, 
where necessary.
  Before Congress adopted the Clean Air Act in 1970 and the Clean Water 
Act in 1972, both signed by President Nixon, it was up to the States to 
control pollution. The problem was that many of them didn't do it. We 
had rivers catch on fire, smog so thick you couldn't see nearby 
mountains, and a tremendous toll on public health and lives.
  It wasn't that States didn't want to clean up pollution, but if there 
are no minimum standards, States are forced into a race to the bottom. 
If a State wants to reduce pollution from oil refineries, the oil 
industry can threaten to build its new refineries in another State with 
looser requirements. The result is that States were afraid to require 
industry to clean up to the levels needed to protect the public.
  This amendment, like other provisions already in the bill, overthrows 
the principles of cooperative federalism that have guided us for 40 
years. Instead, it would leave various pollution control decisions 
almost entirely up to the States.
  The proponents of this amendment claim that it is about EPA's 
Regional Haze Program. Every Member should understand that this 
amendment is not limited to regional haze.
  The first part of the amendment is remarkably broad. It applies to 
all of the criteria air pollutants regulated by the States--smog, 
NOX, fine particulates--and it applies in every area that is 
not meeting the health-based air quality standards.

[[Page H6245]]

  This amendment says that even when a State fails to act, fails to 
control air pollution, EPA can no longer provide a backstop. EPA must 
wait at least 2 years before they can fill in for the States' failures. 
And there's no deadline for EPA ever to act, allowing unhealthy air 
quality to persist indefinitely. Citizens of that State would no longer 
have any recourse.
  The second part of this amendment effectively eliminates minimum 
national criteria to protect air quality in our national parks.
  The Clean Air Act has special provisions to protect air quality in 
the pristine lands that the Nation has set aside for all Americans to 
enjoy--our national parks, national monuments, and wilderness areas. 
After all, we go to the Grand Canyon to see the view. There's little 
point in protecting these lands if we allow their air and water to be 
polluted.
  This amendment targets those Clean Air Act provisions. It says that 
when it comes to protecting the air quality of the national parks that 
belong to all Americans, the State where a park is located has sole 
discretion to decide how much, if any, pollution control would be 
required. EPA would no longer be able to require a minimum level of 
pollution reductions, and if the State failed to act entirely, as some 
have done, EPA would no longer be able to step in and set pollution 
controls.
  The practical effect of this amendment would be to allow some of the 
oldest and dirtiest power plants in the country to continue polluting 
without standard pollution controls. I urge my colleagues to oppose 
this amendment.
  I reserve the balance of my time.
  Mr. FLAKE. I yield 1 minute to the gentleman from Arizona (Mr. 
Gosar).
  Mr. GOSAR. Mr. Chairman, I would like to support and thank my 
colleagues, Congressmen Jeff Flake and Rick Berg, and support this 
amendment.
  I represent the areas where two of the Arizona plants threatened by 
the EPA's heavy-handed regulations are located, the Coronado Generating 
Station in St. Johns and the Cholla plant near Joseph City. The third 
plant, the Apache Generating Station, near Wilcox, is just 100 miles 
away and serves a good portion of my constituents in the southern part 
of my district. These are bedrock to our local communities. They 
provide high-paying jobs where unemployment is already over 10 percent.
  Over the August recess, the Environmental Protection Agency held 
public hearings in Phoenix, Holbrook, and Benson on their Federal plan. 
Each of the hearings in rural Arizona had over 300 people present. That 
is an incredible turnout in these relatively small towns. That is how 
important this issue is to my constituents.
  The EPA refused to hold a hearing in St. Johns, despite being a 
community directly impacted by the regulations, so I hosted a meeting 
to facilitate the submission of public comments. On a night where the 
local high school had their first football game and the county fair was 
taking place, we still had over 100 people show up.
  Listen, everybody wants clean air and good-paying jobs. The fact of 
the matter is the EPA is acting well beyond its authority and under 
public law in my State and many others across the country.
  Vote ``yes'' for our amendment.
  Mr. WAXMAN. I urge Members to oppose this amendment and yield back 
the balance of my time.
  Mr. FLAKE. I yield 1 minute to the gentleman from Oklahoma (Mr. 
Lankford).
  Mr. LANKFORD. Well, this is an interesting conversation when you deal 
with how this all came about.
  In January of 2009, the Sierra Club and several other organizations 
sued the EPA to expand their authority, to expand what was the law. The 
EPA ruled out of court in a settlement with them, and what was taken to 
a judge is a consent decree to expand what was the policy, what was the 
law.
  So several questions have to be answered here. One is: Does the 
executive branch have the authority to be able to change a law through 
an agreement with the Sierra Club or any other organization?
  Number 2 is: What is this all about? If you're dealing with 
visibility issues, you're dealing not with health issues specifically 
stated in the air quality--and all that happened with regional haze was 
this is not about health; this is about visibility.
  In my State, there's one of the national parks that will change 2 
deciviews with the Federal implementation plan rather than the State 
implementation plan.

                              {time}  1010

  That will cost ratepayers in Oklahoma millions and millions of 
dollars for something that cannot be seen by the human eye. This is 
about jobs, and this is about who makes the decision. I do not like the 
assumption that only people in Washington, D.C., care about the people 
of Oklahoma. The people of Oklahoma care about the health and safety of 
the people of Oklahoma.
  I would vote ``yes'' for this amendment.
  Mr. FLAKE. I thank the gentleman from Oklahoma, the gentleman from 
Arizona, and the gentleman from North Dakota for cosponsoring this 
amendment.
  As the gentleman mentioned, what we are talking about here is 
regional haze. This is not a health issue. It is a visibility issue.
  As for the implementation plans being considered by the Federal 
Government, let me just take the Navajo Generating Station in northern 
Arizona. What is being considered is likely an SCR fix, selective 
catalytic reduction, which would cost $1.1 billion. That would cause 
the owners of the Navajo Generating Station to simply shut it down. 
They can't produce economically with these kinds of burdens.
  The benefits of that, we are told by the EPA, are that there would be 
no perceptible improvements in visibility--none. Manmade sources make 
up, at best, 5 percent of all regional haze in Arizona. This is 5 
percent at best. So you require a fix costing $1.1 billion. For what? 
For no perceptible improvement in visibility at the Grand Canyon.
  Why are we doing this?
  The costs to Arizona are immense: 85 percent of the power generated--
or used--by the Central Arizona Project to pump water for farmland and 
whatever else comes from the Navajo Generating Station. If you shut 
down that station, farmers will have to go back to groundwater where 
they can. What does that do? That depletes our underground resources, 
causing environmental havoc. This is madness what is going on.
  What this amendment seeks to do is to force the EPA to actually 
follow the law. The law requires that the EPA set the standard, and 
then the State offers a State Implementation Plan, or a SIP. The 
problem is that the EPA is ignoring what the State submits and then 
entering into negotiations with third-party groups--environmental 
groups or others--and ignoring the State.
  We can't allow this to happen anymore. That's why this is a good 
amendment. I urge its adoption.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. WAXMAN. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Arizona will 
be postponed.


                 Amendment No. 13 Offered by Mr. Gosar

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in House Report 112-680.
  Mr. GOSAR. I have an amendment made in order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of the Rules Committee Print, add the following:

   TITLE VI--NO REGIONAL HAZE REGULATION ON THE COAL-POWERED NAVAJO 
                           GENERATING STATION

     SEC. 601. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS.

       The Administrator of the Environmental Protection Agency 
     shall not promulgate any Federal implementation plan pursuant 
     to section 169A or 169B of the Clean Air Act (42 U.S.C. 7491, 
     7492; relating to visibility protection) that would--
       (1) adversely impact employment at the coal-powered Navajo 
     Generating Station or

[[Page H6246]]

     other coal-fired power plants and coal mines on tribal lands 
     in northern Arizona;
       (2) directly or indirectly diminish the revenue received by 
     the Federal Government or any State, tribal or local 
     government by reducing through regulation the amount of coal 
     that is available for mining on Navajo and Hopi Reservation 
     lands;
       (3) cause a reduction in coal-based revenue to meet 
     financial obligations required by federally authorized Indian 
     water rights settlements, pursuant to section 403(f) of the 
     Colorado River Basin Project Act (43 U.S.C. 1543(f)):
       (4) reduce the amount of coal, or increase the cost of 
     coal, available for the Navajo Generating Station's Federal 
     responsibility to deliver water and power, as authorized by 
     the Colorado River Basin Project Act (43 U.S.C. 1501 et 
     seq.); or
       (5) expose the United States to liability for taking the 
     value of tribally-owned coal in northern Arizona through 
     regulation.

  The Acting CHAIR. Pursuant to House Resolution 788, the gentleman 
from Arizona (Mr. Gosar) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. GOSAR. Mr. Chairman, I yield myself such time as I may consume.
  Today, I am pleased to put forth an amendment to protect the 
residents of Arizona from the EPA's attacks on the Navajo Generating 
Station, which is located near Page, Arizona. The uncertainty 
surrounding proposed EPA regulations and their effects on the Navajo 
Generating Station were some of the first issues brought to my 
attention when I was sworn into Congress.
  The overreaching regulations would effectively shut down this 
critical and unique plant. A closure would dramatically increase the 
cost of water and power for my constituents, and it would eliminate 
thousands of tribal and nontribal jobs--all for no discernible 
improvement in visibility. Again, according to the Federal Government, 
itself, no discernible improvement in visibility.
  You see, this plant is unique because it is owned by six entities, 
including the Federal Government. It was part of a plan created by 
visionaries so that we could provide power to move water from the 
Colorado River, through the largest aqueduct system ever constructed in 
the United States, to the people of Arizona. You can see it across 
here. In fact, the CAP delivers water to up to 80 percent of my State's 
population. This includes 45 percent of Phoenix's water, which is the 
fifth largest city in the United States, and 80 percent of the water to 
the 32nd largest city in the United States, which is Tucson.
  The Arizona we know today would, without a doubt, not exist if it 
were not for this plant. The Navajo Generating Station and the 
associated coal mine directly employ over 1,000 Arizonans, who are 
mostly Native Americans. Additionally, according to an Arizona State 
University study, the plant will indirectly account for more than $20 
billion in gross State product and will indirectly provide for 3,000 
jobs annually over the next 40 years.
  I also want to point out a complicated but important part of this 
issue. The Federal Government is actually working against itself with 
these regulations. Revenues from the sale of excess power generated by 
the plant are used to repay the Federal Government's debt for the 
construction of the CAP project. They are also used to help pay for the 
costs of congressionally authorized Indian water rights settlements 
between the Federal Government, tribes, and entities within Arizona. 
So, without these revenues, the Federal Government will be undermining 
its own legal agreements with Native Americans and the people of 
Arizona.
  Let's put an end to this insanity. Vote for my amendment, and stop 
the EPA from issuing far-reaching regulations that threaten jobs, 
Arizona's water supply, affordable electricity, and tribal rights 
established with Congress.
  I reserve the balance of my time.
  Mr. WAXMAN. Mr. Chairman, I rise to claim the time in opposition to 
the amendment.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. WAXMAN. This amendment is narrower than many of the provisions in 
this bill.
  Instead of providing a blanket get-out-of-jail-free card for many 
polluters, like most of the provisions in this bill, this amendment 
provides a blanket get-out-of-jail-free card for one polluter--the 
Navajo Generating Station in Arizona. The amendment prohibits EPA from 
requiring pollution controls if it would adversely impact employment at 
the Navajo Generating Station or at other coal plants or coal mines on 
tribal lands in northern Arizona.
  Now, if you listened to the debate on the last amendment, you might 
have thought this is another dispute about whether EPA or the States 
should set the standards; but Arizona has no authority to control air 
pollution on tribal lands, and the tribe has not established its own 
program to set the standards. That means, by barring EPA from requiring 
pollution controls, this amendment would have the effect of ensuring 
modern pollution controls are not installed on this plant.
  And that's a problem.
  The Navajo Generating Station is a huge power plant--over 2,000 
megawatts. It's also old. The Navajo Generating Station began operating 
almost 40 years ago, and it was built without standard pollution 
controls. And it's dirty. This plant spews almost 20,000 tons of 
nitrogen oxides, or NOX, each year. This is a dangerous air 
pollutant. NOX forms small particles that penetrate deep 
into the lungs, causing emphysema, bronchitis and other respiratory 
diseases, heart attacks, and premature deaths.
  The Navajo Generating Station is the fifth highest emitter of 
NOX pollution in the United States, and this plant harms the 
air quality at 11 national parks and wilderness areas. These are some 
of our Nation's most treasured and popular national parks. Almost 12 
million Americans visit these parks each year. They travel there 
because it's part of our natural heritage of the Nation and because it 
belongs to all of us--but not if this amendment passes.
  This amendment says that polluters' interests in continuing to 
pollute trumps Americans' interests in having clean air in their 
national parks. This amendment would remove EPA's authority to protect 
clean air in the national parks, so I urge my colleagues to stand up 
for clean air and to oppose this amendment.
  I reserve the balance of my time.
  Mr. GOSAR. Mr. Chairman, I yield 90 seconds to my friend from Arizona 
(Mr. Franks).
  Mr. FRANKS of Arizona. I thank the gentleman for yielding.
  Mr. Chairman, this amendment is offered by Mr. Gosar from Arizona, 
and it confronts a stunning example of environmentalism run amuck. If 
the Navajo Generating Station is forced to close due to the EPA's 
nonsensical actions, it would be devastating to the economies of the 
surrounding region, including those of the Hopi and Navajo Tribes.
  As the sole remaining buyer of coal from the Hopi Tribe, shutting 
down the Navajo Generating Station would cut nearly 90 percent of the 
tribe's income, and it would effectively shut down the Hopi Tribe as a 
functioning government in addition to putting hundreds of Arizonans, 
including hundreds of members of the Navajo Tribe, out of work and 
affecting hundreds of thousands of Arizonans' current ability to 
receive water and electricity.

                              {time}  1020

  In exchange for all of the difficulties created, the only ``benefit'' 
yielded would be a slight change in visibility, so slight as to not 
even be detectable without specialized equipment that is significantly 
more sensitive than the human eye. In other words, Mr. Chairman, the 
supposed environmental benefit is functionally nonexistent. This is far 
beyond the pale of environmental stewardship.
  Mr. Chairman, I commend Mr. Gosar for offering this amendment, and I 
sincerely encourage my colleagues to support it.
  Mr. WAXMAN. Mr. Chairman, the EPA is not going to shut down the power 
plant; but if this amendment passes, they can do nothing to get some 
reductions in pollution and work with the power plant to accomplish 
that goal.
  I now yield 1\1/2\ minutes to the gentleman from New Mexico (Mr. 
Lujan).
  Mr. LUJAN. Mr. Chairman, I rise in opposition to the amendment.
  This amendment is being offered under the guise of protecting tribal 
sovereignty when we have seen the

[[Page H6247]]

complete opposite from the majority during this Congress. We have seen 
time and time again the majority's willingness to ignore tribal issues 
that are important to Indian country. A case in point is a bill the 
gentleman from Arizona (Mr. Gosar) sponsored, H.R. 1904, entitled the 
Southeast Arizona Land Exchange. This was a giveaway of a sacred site 
of the San Carlos Apache Tribe in Arizona to a copper mining company.
  When the bill was considered, we heard desperate pleas from tribes 
across the country asking us to stop a foreign-owned mining company 
from bulldozing their sacred sites in the name of profit. I offered an 
amendment to protect the sacred sites. It was straightforward and still 
would have allowed the mining to take place, but it would have 
protected those sacred sites. The Republican majority defeated the 
amendment.
  Another example is a refusal by some Members who are on the floor 
today to cosponsor the Radiation Exposure Compensation Act. My bill 
would address years of suffering by those negatively impacted by 
uranium mining on the Navajo Nation. To this day, members of the Navajo 
Nation are sick and suffering from the legacy of uranium mining: 
cancer, kidney disease, and, in severe cases, even death. When I 
visited with Navajo elders and talking with people impacted by 
exposure, they asked me, Are people in Congress waiting for us to die 
for the problem to go away? Maybe someone should answer that question.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. WAXMAN. Mr. Chairman, I yield an additional 30 seconds to the 
gentleman from New Mexico.
  Mr. LUJAN. Mr. Chairman, my Republican colleagues come down here to 
say they are supporting and protecting tribal sovereignty with this 
amendment. Let's take a hard look at their track record on these 
issues. They seem to only want to support tribal sovereignty when it's 
convenient, as Mr. Gosar's amendment clearly demonstrates. Before 
offering this amendment, did the gentleman from Arizona even consult 
with the Navajo Nation on this amendment?
  What we should be doing is encouraging government-to-government 
consultation between the tribe and EPA to solve this issue, not by 
forcing an amendment.
  Mr. GOSAR. Mr. Chairman, I yield the balance of my time to my good 
friend, Mr. Schweikert, from Arizona.
  Mr. SCHWEIKERT. Mr. Chairman, I thank the gentleman.
  This is one of those moments of wondering where you begin with some 
of the absurdity that we hear. I think this might be one. I skipped the 
last set of comments because they had nothing to do with this 
amendment.
  The agreement is already there to spend the $45 million to do the 
high-temperature NOX incineration. As this is way outside of 
my expertise, that's my understanding. The EPA is coming back and 
pushing and pushing and pushing to spend $1.1 billion for an almost 
statistically insignificant improvement.
  What you're really observing here is the classic case that we see 
over and over on this sort of issue of an environmental political 
feeder up against reality. The math isn't reality.
  I used to chair the Indian Affairs Committee at my State legislature. 
I've spent more time on Native American lands in Arizona than I bet 
anyone in this body. The fact of the matter is if the EPA gets their 
way here, it's going to bust a number of the water compacts and a bunch 
of our agreements with those Indian communities.
  Mr. WAXMAN. Mr. Chairman, this is an amendment that would do more 
harm than good, and I urge my colleagues to oppose it.
  With that, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Gosar).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. WAXMAN. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Arizona will 
be postponed.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 112-680 on 
which further proceedings were postponed, in the following order:
  Amendment No. 1 by Mr. Markey of Massachusetts.
  Amendment No. 3 by Mr. Waxman of California.
  Amendment No. 4 by Mr. Kelly of Pennsylvania.
  Amendment No. 5 by Mr. Markey of Massachusetts.
  Amendment No. 8 by Ms. Jackson Lee of Texas.
  Amendment No. 9 by Mr. McKinley of West Virginia.
  Amendment No. 10 by Mr. Markey of Massachusetts.
  Amendment No. 11 by Mr. DeFazio of Oregon.
  Amendment No. 12 by Mr. Flake of Arizona.
  Amendment No. 13 by Mr. Gosar of Arizona.
  The Chair will reduce to 2 minutes the minimum time for any 
electronic vote after the first vote in this series.


                 Amendment No. 1 Offered by Mr. Markey

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. Markey) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 174, 
noes 229, not voting 26, as follows:

                             [Roll No. 592]

                               AYES--174

     Andrews
     Baca
     Baldwin
     Barber
     Becerra
     Berkley
     Bishop (NY)
     Blumenauer
     Bonamici
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Engel
     Eshoo
     Farr
     Fattah
     Fitzpatrick
     Frank (MA)
     Fudge
     Garamendi
     Gibson
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Lamborn
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKeon
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Turner (OH)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--229

     Adams
     Aderholt
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Fincher
     Flake

[[Page H6248]]


     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Gerlach
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (OH)
     Johnson, Sam
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lance
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--26

     Ackerman
     Akin
     Bass (CA)
     Berman
     Bishop (UT)
     Castor (FL)
     Ellison
     Farenthold
     Filner
     Gallegly
     Garrett
     Granger
     Himes
     Jackson (IL)
     Jenkins
     Landry
     Mack
     Marchant
     Moore
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Shimkus
     Speier
     Sullivan

                              {time}  1049

  Messrs. HARPER, YOUNG of Indiana, and GARY G. MILLER of California 
changed their vote from ``aye'' to ``no.''
  Messrs. THOMPSON of California, LoBIONDO, TOWNS, and RUSH changed 
their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Chair, on rollcall 592, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  Ms. MOORE. Mr. Chair, on rollcall No. 592, had I been present, I 
would have voted ``aye.''
  Mr. BILBRAY. Mr. Chair, during today's vote on H.R. 3409, the Stop 
the War on Coal Act, I inadvertently voted ``no'' on Congressman Ed 
Markey's amendment No. 13, the first amendment voted on the bill. I 
would have voted ``aye'' on Mr. Markey's amendment, rollcall No. 592.
  Mrs. BIGGERT. Mr. Chair, I inadvertently voted ``no'' on rollcall 
592. I would like to be recorded as voting ``aye.''
  Stated against:
  Mr. GARRETT. Mr. Chair, on rollcall No. 592, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``no.''


                 Amendment No. 3 Offered by Mr. Waxman

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from California 
(Mr. Waxman) 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 Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 178, 
noes 229, not voting 22, as follows:

                             [Roll No. 593]

                               AYES--178

     Andrews
     Baca
     Baldwin
     Barber
     Barrow
     Bass (NH)
     Becerra
     Berkley
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Dold
     Donnelly (IN)
     Doyle
     Duncan (TN)
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gibson
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (IL)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--229

     Adams
     Aderholt
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Bartlett
     Barton (TX)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dreier
     Duffy
     Duncan (SC)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Gerlach
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--22

     Ackerman
     Akin
     Bass (CA)
     Berman
     Filner
     Gallegly
     Garrett
     Granger
     Jackson (IL)
     Jenkins
     Johnson (GA)
     Landry
     Lucas
     Mack
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Sessions
     Shimkus
     Speier
     Sullivan

                              {time}  1055

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

[[Page H6249]]

  Mr. FILNER. Mr. Chair, on rollcall 593, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  Ms. MOORE. Mr. Chair, during rollcall vote No. 593, I mistakenly 
recorded my vote as ``no'' when I should have voted ``aye.''
  Stated against:
  Mr. GARRETT. Mr. Chair, on rollcall No. 593, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``no.''


                  Amendment No. 4 Offered by Mr. Kelly

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Pennsylvania (Mr. Kelly) on which further proceedings were postponed 
and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 242, 
noes 168, not voting 19, as follows:

                             [Roll No. 594]

                               AYES--242

     Adams
     Aderholt
     Alexander
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Bartlett
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costa
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Cuellar
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Lamborn
     Lance
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Loebsack
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paul
     Paulsen
     Pence
     Perlmutter
     Peters
     Peterson
     Petri
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Towns
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (IN)

                               NOES--168

     Altmire
     Andrews
     Baca
     Baldwin
     Barber
     Barrow
     Barton (TX)
     Becerra
     Berkley
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Hayworth
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Labrador
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Pingree (ME)
     Platts
     Polis
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth
     Young (FL)

                             NOT VOTING--19

     Ackerman
     Akin
     Bass (CA)
     Berman
     Filner
     Gallegly
     Garrett
     Granger
     Jackson (IL)
     Jenkins
     Landry
     Mack
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Shimkus
     Speier
     Sullivan

                              {time}  1100

  Mr. GUTIERREZ changed his vote from ``aye'' to ``no.''
  Messrs. PAUL, JONES, and BARTLETT changed their vote from ``no'' to 
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. GARRETT. Mr. Chairman, on rollcall No. 594 I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``aye.''
  Stated against:
  Mr. FILNER. Mr. Chair, on rollcall 594, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''


                 Amendment No. 5 Offered by Mr. Markey

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. Markey) on which further proceedings were postponed 
and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 164, 
noes 246, not voting 19, as follows:

                             [Roll No. 595]

                               AYES--164

     Andrews
     Baca
     Baldwin
     Barber
     Becerra
     Berkley
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson

[[Page H6250]]


     Richmond
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--246

     Adams
     Aderholt
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Cuellar
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dingell
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--19

     Ackerman
     Akin
     Bass (CA)
     Berman
     Bilirakis
     Filner
     Gallegly
     Garrett
     Granger
     Jackson (IL)
     Jenkins
     Landry
     Mack
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Shimkus
     Speier


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1104

  Mr. SCHRADER changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Chair, on rollcall 595, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  Stated against:
  Mr. GARRETT. Mr. Chair, on rollcall 595, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``no.''


          Amendment No. 8 Offered by Ms. Jackson Lee of Texas

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Texas 
(Ms. Jackson Lee) 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 Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 164, 
noes 247, not voting 18, as follows:

                             [Roll No. 596]

                               AYES--164

     Andrews
     Baca
     Baldwin
     Barber
     Becerra
     Berkley
     Bishop (NY)
     Blumenauer
     Bonamici
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Fitzpatrick
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--247

     Adams
     Aderholt
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costa
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Cuellar
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Holden
     Holt
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pence
     Perlmutter
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuler
     Shuster
     Simpson

[[Page H6251]]


     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--18

     Ackerman
     Akin
     Bass (CA)
     Berman
     Filner
     Gallegly
     Garrett
     Granger
     Jackson (IL)
     Jenkins
     Landry
     Mack
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Shimkus
     Speier


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1110

  Mr. Levin changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Chair, on rollcall 596, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  Stated against:
  Mr. GARRETT. Mr. Chair, on rollcall No. 596, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``no.''


                Amendment No. 9 Offered by Mr. McKinley

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from West 
Virginia (Mr. McKinley) on which further proceedings were postponed and 
on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 247, 
noes 163, not voting 19, as follows:

                             [Roll No. 597]

                               AYES--247

     Adams
     Aderholt
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costa
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Culberson
     DeFazio
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gardner
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Hochul
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--163

     Andrews
     Baca
     Baldwin
     Barber
     Bass (NH)
     Becerra
     Berkley
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Fitzpatrick
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Manzullo
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rangel
     Reichert
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                             NOT VOTING--19

     Ackerman
     Akin
     Bass (CA)
     Berman
     Filner
     Gallegly
     Garrett
     Granger
     Jackson (IL)
     Jenkins
     Johnson (IL)
     Landry
     Mack
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Shimkus
     Speier

                              {time}  1113

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. MANZULLO. Mr. Chair on rollcall No. 597, I inadvertantly voted 
``no'' on Mr. McKinley's amendment. Had I voted correctly, I would have 
voted ``aye.''
  Mr. GARRETT. Mr. Chair, on rollcall No. 597, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``aye.''
  Stated against:
  Mr. FILNER. Mr. Chair, on rollcall 597, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''


                          personal explanation

  Mr. JOHNSON of Illinois. Mr. Chair, on rollcall No. 597, I was off 
the floor and inadvertantly missed the vote. Had I been present, I 
would have voted ``present.''


                 Amendment No. 10 Offered by Mr. Markey

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. Markey) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 160, 
noes 250, not voting 19, as follows:

                             [Roll No. 598]

                               AYES--160

     Andrews
     Baca
     Baldwin
     Barber
     Bass (NH)
     Becerra
     Berkley
     Bilbray
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)

[[Page H6252]]


     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Green, Al
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Platts
     Polis
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Stark
     Thompson (CA)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--250

     Adams
     Aderholt
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Benishek
     Berg
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Clyburn
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costa
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Hinojosa
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Maloney
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Sutton
     Terry
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--19

     Ackerman
     Akin
     Bass (CA)
     Berman
     Filner
     Gallegly
     Garrett
     Gohmert
     Granger
     Jackson (IL)
     Jenkins
     Landry
     Mack
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Shimkus
     Speier

                              {time}  1119

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Chair, on rollcll 598, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  Stated against:
  Mr. GARRETT. (Mr. Chair), on rollcll No. 598, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``no.''


                Amendment No. 11 Offered by Mr. DeFazio

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Oregon 
(Mr. DeFazio) 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 Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 168, 
noes 243, not voting 18, as follows:

                             [Roll No. 599]

                               AYES--168

     Andrews
     Baca
     Baldwin
     Becerra
     Berkley
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gerlach
     Gibson
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Langevin
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Stark
     Sutton
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--243

     Adams
     Aderholt
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barber
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costa
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (OH)
     Johnson, Sam
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Larsen (WA)
     Latham
     LaTourette

[[Page H6253]]


     Latta
     Lewis (CA)
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--18

     Ackerman
     Akin
     Bass (CA)
     Berman
     Filner
     Gallegly
     Garrett
     Granger
     Jackson (IL)
     Jenkins
     Landry
     Mack
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Shimkus
     Speier


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1123

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Chair, on rollcall 599, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  Stated against:
  Mr. GARRETT. Mr. Chair, on rollcall 599, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``no.''


                 Amendment No. 12 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 228, 
noes 183, not voting 18, as follows:

                             [Roll No. 600]

                               AYES--228

     Adams
     Aderholt
     Alexander
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costa
     Costello
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gardner
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Latham
     LaTourette
     Latta
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--183

     Altmire
     Andrews
     Baca
     Baldwin
     Barber
     Bass (NH)
     Becerra
     Berkley
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Dold
     Donnelly (IN)
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Frelinghuysen
     Fudge
     Garamendi
     Gerlach
     Gibson
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Hayworth
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Platts
     Polis
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Runyan
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                             NOT VOTING--18

     Ackerman
     Akin
     Bass (CA)
     Berman
     Filner
     Gallegly
     Garrett
     Granger
     Jackson (IL)
     Jenkins
     Landry
     Mack
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Shimkus
     Speier


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  1127

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. GARRETT. Mr. Chair, on rollcall No. 600, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``aye.''
  Stated against:
  Mr. FILNER. Mr. Chair, on rollcall 600, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''


                 Amendment No. 13 Offered by Mr. Gosar

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Gosar) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.

[[Page H6254]]

  The vote was taken by electronic device, and there were--ayes 226, 
noes 181, not voting 22, as follows:

                             [Roll No. 601]

                               AYES--226

     Adams
     Aderholt
     Alexander
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gardner
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herrera Beutler
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Sessions
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--181

     Altmire
     Amash
     Andrews
     Baca
     Baldwin
     Barber
     Barrow
     Becerra
     Berkley
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Burton (IN)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Frelinghuysen
     Fudge
     Garamendi
     Gerlach
     Gibson
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Platts
     Polis
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                             NOT VOTING--22

     Ackerman
     Akin
     Bass (CA)
     Berman
     Black
     Filner
     Gallegly
     Garrett
     Granger
     Harris
     Herger
     Jackson (IL)
     Jenkins
     Landry
     Mack
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Shimkus
     Speier
     Wilson (SC)

                              {time}  1131

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. GARRETT. Mr. Chair, on rollcall No. 601, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``aye.''
  Stated against:
  Mr. FILNER. Mr. Chair, on rollcall 601, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''
  The Acting CHAIR (Mr. West). The question is on the amendment in the 
nature of a substitute, as amended.
  The amendment was agreed to.
  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Yoder) having assumed the chair, Mr. West, Acting Chair 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. 3409) to 
limit the authority of the Secretary of the Interior to issue 
regulations before December 31, 2013, under the Surface Mining Control 
and Reclamation Act of 1977, and, pursuant to House Resolution 788, he 
reported the bill back to the House with an amendment adopted in the 
Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole?
  If not, the question is on the committee amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mrs. CAPPS. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Mrs. CAPPS. Yes, I am opposed.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mrs. Capps moves to recommit the bill H.R. 3409 to the 
     Committee on Energy and Commerce with instructions to report 
     the same back to the House forthwith, with the following 
     amendment:
       At the end of title II of the bill, insert the following 
     new section:

     SEC. 203. ENSURING CONSUMERS PAY LESS FOR GAS AND THAT FUEL 
                   EFFICIENT AUTOMOBILES CONTINUE TO BE MADE IN 
                   AMERICA.

       (a) Findings.--Congress finds as follows:
       (1) The standards of the national program to improve fuel 
     efficiency and reduce pollution for light-duty cars and 
     trucks will provide major economic and consumer benefits to 
     the United States.
       (2) The standards will save families more than $1.7 
     trillion in fuel costs and reduce America's dependence on oil 
     by more than 2 million barrels per day in 2025, which is 
     equivalent to one-half of the oil which our Nation currently 
     imports from OPEC countries each day.
       (3) As a result of the standards, a family with a model 
     year 2025 vehicle will save more than $8,000 in fuel costs 
     over the life of the vehicle compared to a 2011 year vehicle.
       (4) As a result of the standards, average net savings for 
     the owner of a 2025 vehicle will be equivalent to a drop in 
     fuel prices of $1 per gallon.
       (b) Preservation of Rule.--Section 330 of the Clean Air 
     Act, as added by section 201 of this Act, shall not apply 
     with respect to the final rule issued by the Environmental 
     Protection Agency and the Department of Transportation on 
     August 28, 2012, relating to standards for pollution control 
     and fuel efficiency for model year 2017 and later light-duty 
     vehicles, and such rule shall take effect on the effective 
     date specified in the rule, if nullification of such rule 
     would result in--
       (1) consumers, on average, paying more for gasoline over 
     the life of their motor vehicles; or
       (2) the loss of jobs in the United States automobile 
     manufacturing industrial sector or a negative impact on the 
     overall United States economy.

  The SPEAKER pro tempore. The gentlewoman from California is 
recognized for 5 minutes.

[[Page H6255]]

                              {time}  1140

  Mrs. CAPPS. Mr. Speaker, there are many times when we come to this 
floor and engage in heated debate, and we've heard some heated debate 
on this bill. But my final amendment offers us the opportunity to come 
together to do something extraordinarily important, and that is to 
ensure our constituents' hard-earned cash is redirected away from the 
gas pump and back into their wallets. I want to be clear, the passage 
of this amendment will not prevent the passage of the underlying bill. 
If it's adopted, my amendment will be incorporated into the bill and 
the bill will be immediately voted upon.
  Now I make no apologies for opposing this bill. Regardless of how you 
feel about the bill, my amendment should be something we could all 
agree on.
  My amendment preserves new fuel efficiency standards issued last 
month if their repeal would mean higher prices at the pump for our 
constituents or lost jobs for our workers. These new standards raise 
fuel efficiency to 54.5 miles per gallon. That's roughly twice the 
mileage our cars are getting today.
  By 2025, these standards will save consumers $1.7 trillion at the gas 
pump, and they will cut our oil imports by 2 million barrels per day. 
That's one half our current imports for OPEC. They also represent a new 
chapter for American ingenuity.
  Mr. Speaker, if U.S. engineers made it possible for every car to 
include a computer more powerful than the one that sent a man to the 
Moon, then surely they can produce cars that go further on a gallon of 
gas. The good news is they can and they are.
  There are now 57 fuel-efficient models available in showrooms today, 
up from 27 models in 2009. Car makers have retooled some of their most 
popular models to boost efficiency, and the improvements keep coming.
  The first half of this year set the record for highest-ever fuel 
efficiency for new vehicles. Consumers are rewarding these 
breakthroughs. Fuel efficiency is the top concern for car buyers by 
far, and this is according to Consumer Reports.
  Consumers support these new standards. Families will save an 
estimated $8,000 in gasoline costs over the lifetime of their car, and 
that's equivalent to lowering the price of gasoline by $1 per gallon. 
These new standards also provide something consumer trends cannot: 
long-term certainty. And that's why three major automakers--General 
Motors, Ford, and Chrysler--all support them.
  Strong standards tell carmakers exactly what goal they need to reach 
by when so they can invest in innovation, deploy new technologies, and 
build cars right here in America. When they do that, they hire more 
workers. More than 150,000 Americans have jobs making parts for and 
assembling more efficient cars in America today. Car makers are moving 
production to our shores also.
  One car maker alone, Honda, recently announced plans to move all 
global Civic hybrid manufacturing to Indiana from Japan, creating 300 
jobs by the end of the year.
  This onshoring of jobs is because of our commitment to making more 
efficient cars and components in America. That's why GM's CEO, Dan 
Akerson, called these standards, ``a win for American manufacturers for 
the very first time.''
  Mr. Speaker, everybody wins when more efficient cars hit the road. 
American workers win, drivers win, and automakers. These standards 
demonstrate the best of America, how creating jobs goes hand-in-hand 
with protecting the environment and health, how drivers can save 
billions in gasoline costs, how the American auto industry can compete 
with any country in the world. That's why we must preserve these 
historic standards and the enormous benefits that come with them by 
voting for my final amendment.
  Mr. Speaker, I respectfully ask that all colleagues weigh this simple 
proposition: Do you want your constituents to pay less at the pump and 
drive more efficient cars made in America? If your answer is yes, then 
vote for my amendment. It ensures that our constituents will save 
thousands of dollars every year at the gas pump, and it makes sure that 
American workers will find jobs building the cars of the future right 
here in America.
  Today we have the opportunity to speak with one voice, to save these 
landmark car efficiency standards. It's up to us. Support this final 
amendment to the bill.
  I yield back the balance of my time.
  Mr. JOHNSON of Ohio. Mr. Speaker, I rise in opposition to the motion 
to recommit.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. JOHNSON of Ohio. Mr. Speaker, this motion is nothing more than a 
distraction from the underlying legislation that we're considering 
today, and the journey that we began in January of 2011 to cut 
government spending, to create jobs and, today, to stop the 
administration's war on the coal industry.
  We, all of us in this Chamber, sat here a little over a year ago, and 
we heard an address by the Prime Minister of Australia. She started her 
speech off by saying, you know, I remember being a young girl, sitting 
on the floor of my living room watching as Neil Armstrong and Buzz 
Aldrin landed on the Moon.
  She went on to talk about that era of innovation in America, what 
that meant and how that inspired the rest of the world. Do we need to 
be reminded that it was the coal industry that fueled America's 
innovative engine and powered America's innovative wheels during that 
period of innovation? I don't think so. Today's underlying legislation, 
it's about the thousands of jobs that have already been cut from the 
coal industry, the thousands more that are in jeopardy to be cut from 
the coal industry.
  It's about the millions of Americans and America's businesses that 
are paying skyrocketing prices, 23 million Americans underemployed, and 
yet we've got an administration that wants to attack the very reliable 
energy source that would fuel a resurgence in manufacturing and put 
America back to work.
  Ladies and gentlemen, I implore to you, defeat this motion to 
recommit. Vote on the final passage of this legislation today. Let's 
get America back to work and stop the administration's war on coal.
  I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mrs. CAPPS. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--ayes 173, 
noes 233, not voting 23, as follows:

                             [Roll No. 602]

                               AYES--173

     Altmire
     Andrews
     Baca
     Baldwin
     Barber
     Barrow
     Becerra
     Berkley
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McIntyre
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)

[[Page H6256]]


     Quigley
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--233

     Adams
     Aderholt
     Alexander
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--23

     Ackerman
     Akin
     Bass (CA)
     Berman
     Cohen
     Filner
     Gallegly
     Garrett
     Granger
     Issa
     Jackson (IL)
     Jenkins
     Landry
     Lujan
     Mack
     McGovern
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Shimkus
     Smith (TX)
     Speier

                              {time}  1159

  Mr. HENSARLING changed his vote from ``aye'' to ``no.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Speaker, on rollcall 602, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  Stated against:
  Mr. GARRETT. Mr. Speaker, on rollcall No. 602, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``no.''
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mrs. CAPPS. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 233, 
noes 175, not voting 21, as follows:

                             [Roll No. 603]

                               AYES--233

     Adams
     Aderholt
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Benishek
     Berg
     Berkley
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costa
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Cuellar
     Culberson
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Gerlach
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Loebsack
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Renacci
     Ribble
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--175

     Andrews
     Baca
     Baldwin
     Barber
     Bass (NH)
     Becerra
     Bilbray
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Dold
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Fitzpatrick
     Frank (MA)
     Fudge
     Garamendi
     Gibson
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Hayworth
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holt
     Honda
     Hoyer
     Israel
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rangel
     Reichert
     Reyes
     Richardson
     Richmond
     Rigell
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Wittman
     Wolf
     Woolsey
     Yarmuth

[[Page H6257]]



                             NOT VOTING--21

     Ackerman
     Akin
     Bass (CA)
     Berman
     Filner
     Gallegly
     Garrett
     Granger
     Jackson (IL)
     Jenkins
     Landry
     Mack
     Miller, Gary
     Murphy (CT)
     Pearce
     Ross (AR)
     Ruppersberger
     Ryan (WI)
     Sessions
     Shimkus
     Speier

                              {time}  1208

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. GARRETT. Mr. Speaker, on rollcall No. 603, I was unable to be in 
attendance for this vote as I was attending the funeral of a family 
member. Had I been present, I would have voted ``aye.''
  Stated against:
  Mr. FILNER. Mr. Speaker, on rollcall 603, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''


                          Personal Explanation

  Ms. BERKLEY. Mr. Speaker, I mistakenly voted ``aye'' on rollcall No. 
603. My intention was to vote ``no.''


                          Personal Explanation

  Mr. RYAN of Wisconsin. Mr. Speaker, during the course of the week, I 
was absent for legislative business; had I been present, I would have 
cast the following votes:
  Rollcall 585--H.R. 5044--On Motion to Suspend the Rules and Pass, as 
Amended--``yes.''
  Rollcall 586--H.R. 5912--On Motion to Suspend the Rules and Pass, as 
Amended--``yes.''
  Rollcall 587--H. Res. 788--On Ordering the Previous Question--
``yes.''
  Rollcall 588--H. Res. 788--On Agreeing to the Resolution--``yes.''
  Rollcall 591--H.R. 5987--On Motion to Suspend the Rules and Pass, as 
Amended--``no.''
  Rollcall 592--H.R. 3409--On Agreeing to the Amendment--``no.''
  Rollcall 593--H.R. 3409--On Agreeing to the Amendment--``no.''
  Rollcall 594--H.R. 3409--On Agreeing to the Amendment--``yes.''
  Rollcall 595--H.R. 3409--On Agreeing to the Amendment--``no.''
  Rollcall 596--H.R. 3409--On Agreeing to the Amendment--``no.''
  Rollcall 597--H.R. 3409--On Agreeing to the Amendment--``yes.''
  Rollcall 598--H.R. 3409--On Agreeing to the Amendment--``no.''
  Rollcall 599--H.R. 3409--On Agreeing to the Amendment--``no.''
  Rollcall 600--H.R. 3409--On Agreeing to the Amendment--``yes.''
  Rollcall 601--H.R. 3409--On Agreeing to the Amendment--``yes.''
  Rollcall 602--H.R. 3409--On Motion to Recommit with instructions--
``no.''
  Rollcall 603--H.R. 3409--On Passage--``yes.''

                          ____________________