[Congressional Record Volume 159, Number 98 (Wednesday, July 10, 2013)]
[House]
[Pages H4336-H4367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT,
2014
The SPEAKER pro tempore. Pursuant to House Resolution 288 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. 2609.
Will the gentleman from Georgia (Mr. Price) kindly take the chair.
{time} 1716
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. 2609) making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2014, and for other purposes, with Mr. Price of Georgia (Acting
Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose earlier today,
the amendment offered by the gentleman from Louisiana (Mr. Scalise) had
been disposed of, and the bill had been read through page 60, line 12.
Amendment No. 29 Offered by Ms. Bass
Ms. BASS. Mr. Chairman, I ask unanimous consent to withdraw my
request for a recorded vote on my amendment to the end that the
amendment stand disposed of by the voice vote taken on the amendment.
The Acting CHAIR. The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from California?
Without objection, the request for a recorded vote is withdrawn.
Accordingly, the noes have it and the amendment is not adopted.
Announcement by the Acting Chair
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments on which further proceedings were
postponed, in the following order:
Amendment by Mr. Polis of Colorado.
Amendment by Mr. Burgess of Texas.
Amendment by Mr. Burgess of Texas.
Amendment by Ms. Titus of Nevada.
Amendment by Mr. Lynch of Massachusetts.
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment Offered by Mr. Polis
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Colorado
(Mr. Polis) 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 182,
noes 243, not voting 9, as follows:
[Roll No. 334]
AYES--182
Amash
Andrews
Bass
Beatty
Becerra
Bera (CA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Broun (GA)
Brownley (CA)
Bustos
Capps
Capuano
Cardenas
Carney
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Cohen
Connolly
Conyers
Cooper
Costa
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Duncan (TN)
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Garamendi
Garcia
Gibson
Gohmert
Grayson
Green, Al
Green, Gene
Griffith (VA)
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Herrera Beutler
Higgins
Himes
Hinojosa
Honda
Huffman
Israel
Jackson Lee
Jeffries
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Lance
Larson (CT)
Lee (CA)
Levin
Lewis
Loebsack
Lowenthal
Lowey
Lynch
Maloney, Carolyn
Marino
Markey
Massie
Matsui
McDermott
McGovern
McNerney
Meeks
Meng
Mica
Michaud
Miller, George
Moore
Moran
Mulvaney
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Petri
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Rohrabacher
Roybal-Allard
Ruiz
Rush
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Sensenbrenner
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Speier
Stockman
Takano
Thompson (CA)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NOES--243
Aderholt
Alexander
Amodei
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Benishek
Bentivolio
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (FL)
Buchanan
Bucshon
Burgess
Butterfield
Calvert
Camp
Cantor
Capito
Carson (IN)
Carter
Cassidy
Chabot
Chaffetz
Clyburn
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Courtney
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
[[Page H4337]]
Duncan (SC)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallego
Gardner
Garrett
Gerlach
Gibbs
Gingrey (GA)
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Grimm
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Holding
Hoyer
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hurt
Issa
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, Sam
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Langevin
Lankford
Larsen (WA)
Latham
Latta
Lipinski
LoBiondo
Lofgren
Long
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Maffei
Maloney, Sean
Marchant
Matheson
McCarthy (CA)
McCaul
McClintock
McCollum
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Peterson
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ruppersberger
Ryan (OH)
Ryan (WI)
Sanford
Scalise
Schock
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sessions
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Stewart
Stivers
Stutzman
Swalwell (CA)
Terry
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--9
Campbell
DeGette
Holt
Horsford
Hunter
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Shimkus
{time} 1745
Messrs. FARENTHOLD, DeSANTIS, GRIMM, and MURPHY of Pennsylvania
changed their vote from ``aye'' to ``no.''
Messrs. STOCKMAN, VISCLOSKY, RAHALL, MARINO, MULVANEY, and BROUN of
Georgia, and Ms. WASSERMAN SCHULTZ changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Burgess
The Acting CHAIR (Mr. Meadows). The unfinished business is the demand
for a recorded vote on the amendment offered by the gentleman from
Texas (Mr. Burgess) 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 5-minute vote.
The vote was taken by electronic device, and there were--ayes 114,
noes 308, not voting 12, as follows:
[Roll No. 335]
AYES--114
Amash
Barton
Becerra
Bonamici
Brady (PA)
Broun (GA)
Buchanan
Burgess
Capps
Capuano
Cassidy
Chaffetz
Chu
Clarke
Cohen
Conaway
Conyers
Courtney
Davis, Danny
DeFazio
DeLauro
DelBene
Deutch
Duncan (TN)
Edwards
Ellison
Eshoo
Esty
Farenthold
Farr
Gardner
Gohmert
Gosar
Graves (GA)
Grayson
Grijalva
Hall
Heck (WA)
Hensarling
Higgins
Himes
Hinojosa
Honda
Hudson
Huelskamp
Huffman
Huizenga (MI)
Israel
Jones
Keating
Kennedy
Kilmer
Labrador
Lance
Larsen (WA)
Lee (CA)
Levin
Lewis
Long
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
Maffei
Marchant
Markey
Matheson
Matsui
McClintock
McGovern
McNerney
Meadows
Mica
Michaud
Moore
Nadler
Napolitano
Neal
Pallone
Paulsen
Pearce
Pelosi
Pingree (ME)
Pocan
Posey
Quigley
Radel
Rangel
Rohrabacher
Salmon
Sanford
Sarbanes
Schakowsky
Sensenbrenner
Serrano
Sessions
Shea-Porter
Sherman
Slaughter
Smith (NE)
Speier
Stockman
Takano
Thompson (CA)
Tierney
Titus
Tonko
Tsongas
Velazquez
Walberg
Waxman
Webster (FL)
Welch
Woodall
NOES--308
Aderholt
Alexander
Amodei
Andrews
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Bass
Beatty
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Black
Blackburn
Blumenauer
Bonner
Boustany
Brady (TX)
Braley (IA)
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (FL)
Brownley (CA)
Bucshon
Bustos
Butterfield
Calvert
Camp
Cantor
Capito
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Cicilline
Clay
Cleaver
Clyburn
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Connolly
Cook
Cooper
Costa
Cotton
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Daines
Davis (CA)
Davis, Rodney
Delaney
Denham
Dent
DeSantis
DesJarlais
Dingell
Doggett
Doyle
Duckworth
Duffy
Duncan (SC)
Ellmers
Engel
Enyart
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Goodlatte
Gowdy
Granger
Graves (MO)
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Gutierrez
Hahn
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Heck (NV)
Herrera Beutler
Holding
Hoyer
Hultgren
Hurt
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce
Kaptur
Kelly (IL)
Kelly (PA)
Kildee
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
LaMalfa
Lamborn
Langevin
Lankford
Larson (CT)
Latham
Latta
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Maloney, Carolyn
Maloney, Sean
Marino
Massie
McCarthy (CA)
McCaul
McCollum
McDermott
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meehan
Meeks
Meng
Messer
Miller (FL)
Miller (MI)
Miller, Gary
Miller, George
Moran
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Neugebauer
Noem
Nolan
Nugent
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Polis
Pompeo
Price (GA)
Price (NC)
Rahall
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Scalise
Schiff
Schneider
Schock
Schrader
Schwartz
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sewell (AL)
Shuster
Simpson
Sinema
Sires
Smith (MO)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Stewart
Stivers
Stutzman
Swalwell (CA)
Terry
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Visclosky
Wagner
Walden
Walorski
Walz
Wasserman Schultz
Waters
Watt
Weber (TX)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Yarmuth
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--12
Bishop (UT)
Campbell
Carter
DeGette
Diaz-Balart
Holt
Horsford
Hunter
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Shimkus
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There are 2 minutes remaining.
{time} 1752
Messrs. LYNCH and ELLISON changed their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Burgess
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Texas (Mr.
Burgess) 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.
[[Page H4338]]
A recorded vote was ordered.
The Acting CHAIR. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 131,
noes 291, not voting 12, as follows:
[Roll No. 336]
AYES--131
Amash
Barton
Becerra
Bishop (UT)
Bonamici
Brady (PA)
Broun (GA)
Buchanan
Burgess
Capps
Capuano
Cartwright
Cassidy
Chaffetz
Chu
Cicilline
Cohen
Conaway
Conyers
Courtney
Daines
DeFazio
DeLauro
DelBene
Deutch
Duncan (SC)
Edwards
Ellison
Eshoo
Esty
Farenthold
Farr
Garamendi
Gardner
Gohmert
Gosar
Gowdy
Graves (GA)
Grayson
Grijalva
Hahn
Hall
Heck (WA)
Hensarling
Higgins
Himes
Hinojosa
Honda
Hudson
Huelskamp
Huffman
Huizenga (MI)
Israel
Johnson (GA)
Jones
Keating
Kennedy
Kilmer
Labrador
Lance
Lankford
Larsen (WA)
Lee (CA)
Levin
Long
Lowenthal
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
Maffei
Marchant
Markey
Matheson
Matsui
McClintock
McGovern
McHenry
McNerney
Meadows
Mica
Michaud
Miller, George
Moore
Mulvaney
Nadler
Napolitano
Neal
Pallone
Paulsen
Pearce
Pelosi
Pingree (ME)
Pocan
Polis
Posey
Price (NC)
Quigley
Radel
Rohrabacher
Salmon
Sanchez, Loretta
Sanford
Sarbanes
Schakowsky
Schiff
Schwartz
Sensenbrenner
Serrano
Sessions
Shea-Porter
Sherman
Slaughter
Smith (NE)
Smith (WA)
Speier
Stockman
Takano
Thompson (CA)
Tierney
Titus
Tonko
Tsongas
Velazquez
Visclosky
Walberg
Waters
Waxman
Webster (FL)
Welch
Woodall
NOES--291
Aderholt
Alexander
Amodei
Andrews
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Bass
Beatty
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Black
Blackburn
Blumenauer
Boustany
Brady (TX)
Braley (IA)
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (FL)
Brownley (CA)
Bucshon
Bustos
Butterfield
Calvert
Camp
Cantor
Capito
Cardenas
Carney
Carson (IN)
Castor (FL)
Castro (TX)
Chabot
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Connolly
Cook
Cooper
Costa
Cotton
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (CA)
Davis, Danny
Davis, Rodney
Delaney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dingell
Doggett
Doyle
Duckworth
Duffy
Duncan (TN)
Ellmers
Engel
Enyart
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garcia
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Goodlatte
Granger
Graves (MO)
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Gutierrez
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Heck (NV)
Herrera Beutler
Holding
Hoyer
Hultgren
Hurt
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce
Kaptur
Kelly (IL)
Kelly (PA)
Kildee
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
LaMalfa
Lamborn
Langevin
Larson (CT)
Latham
Latta
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Lowey
Lucas
Luetkemeyer
Maloney, Carolyn
Maloney, Sean
Marino
Massie
McCarthy (CA)
McCaul
McCollum
McDermott
McIntyre
McKeon
McKinley
McMorris Rodgers
Meehan
Meeks
Meng
Messer
Miller (FL)
Miller (MI)
Miller, Gary
Moran
Mullin
Murphy (FL)
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Price (GA)
Rahall
Rangel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Scalise
Schneider
Schock
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sewell (AL)
Shuster
Simpson
Sinema
Sires
Smith (MO)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stutzman
Swalwell (CA)
Terry
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Wagner
Walden
Walorski
Walz
Wasserman Schultz
Watt
Weber (TX)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Yarmuth
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--12
Bonner
Campbell
Carter
DeGette
Holt
Horsford
Hunter
McCarthy (NY)
Negrete McLeod
Nolan
Rogers (MI)
Shimkus
Announcement by the Acting Chair
The Acting CHAIR (Mr. Price of Georgia) (during the vote). There are
2 minutes remaining.
{time} 1759
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Ms. Titus
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Nevada
(Ms. Titus) 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 is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 87,
noes 337, not voting 10, as follows:
[Roll No. 337]
AYES--87
Amodei
Bass
Becerra
Bishop (NY)
Bishop (UT)
Blumenauer
Brownley (CA)
Capps
Capuano
Carson (IN)
Chaffetz
Chu
Clarke
Cohen
Crowley
Davis (CA)
Davis, Danny
DeFazio
DeLauro
Doggett
Duckworth
Edwards
Engel
Eshoo
Farr
Frankel (FL)
Garamendi
Grijalva
Gutierrez
Hahn
Hastings (FL)
Heck (NV)
Honda
Huffman
Jackson Lee
Johnson (GA)
Johnson, E. B.
Jones
Kennedy
Kirkpatrick
Lee (CA)
Levin
Lewis
Lofgren
Lowenthal
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Maloney, Carolyn
Markey
Matheson
Matsui
McDermott
McGovern
Meng
Miller, George
Nadler
Napolitano
Pallone
Pelosi
Perlmutter
Peters (MI)
Pingree (ME)
Pocan
Polis
Roybal-Allard
Ruiz
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Scott, David
Serrano
Shea-Porter
Sherman
Slaughter
Smith (WA)
Takano
Thompson (CA)
Tierney
Titus
Tonko
Tsongas
Velazquez
Wasserman Schultz
Waters
Waxman
NOES--337
Aderholt
Alexander
Amash
Andrews
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Beatty
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Black
Blackburn
Bonamici
Bonner
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Brown (FL)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Calvert
Camp
Cantor
Capito
Cardenas
Carney
Cartwright
Cassidy
Castor (FL)
Castro (TX)
Chabot
Cicilline
Clay
Cleaver
Clyburn
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Cotton
Courtney
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Cummings
Daines
Davis, Rodney
Delaney
DelBene
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Doyle
Duffy
Duncan (SC)
Duncan (TN)
Ellison
Ellmers
Enyart
Esty
Farenthold
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gallego
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Himes
Hinojosa
Holding
Hoyer
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hurt
Israel
Issa
Jeffries
Jenkins
Johnson (OH)
Johnson, Sam
Jordan
Joyce
Kaptur
Keating
Kelly (IL)
Kelly (PA)
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Kuster
Labrador
LaMalfa
Lamborn
Lance
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
Latta
Lipinski
[[Page H4339]]
LoBiondo
Loebsack
Long
Lowey
Lucas
Luetkemeyer
Lummis
Lynch
Maffei
Maloney, Sean
Marchant
Marino
Massie
McCarthy (CA)
McCaul
McClintock
McCollum
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meadows
Meehan
Meeks
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Moore
Moran
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Neal
Neugebauer
Noem
Nolan
Nugent
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Pascrell
Pastor (AZ)
Paulsen
Payne
Pearce
Perry
Peters (CA)
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Price (NC)
Quigley
Radel
Rahall
Rangel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ruppersberger
Rush
Ryan (WI)
Salmon
Sanford
Scalise
Schiff
Schneider
Schock
Schrader
Schwartz
Schweikert
Scott (VA)
Scott, Austin
Sensenbrenner
Sessions
Sewell (AL)
Shuster
Simpson
Sinema
Sires
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Speier
Stewart
Stivers
Stockman
Stutzman
Swalwell (CA)
Terry
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Visclosky
Wagner
Walberg
Walden
Walorski
Walz
Watt
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--10
Campbell
Carter
DeGette
Holt
Horsford
Hunter
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Shimkus
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There are 2 minutes remaining.
{time} 1806
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Lynch
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from
Massachusetts (Mr. Lynch) 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 is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 217,
noes 206, not voting 11, as follows:
[Roll No. 338]
AYES--217
Amash
Amodei
Barber
Barrow (GA)
Bass
Beatty
Becerra
Benishek
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Brady (TX)
Braley (IA)
Brooks (AL)
Brown (FL)
Brownley (CA)
Buchanan
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Cassidy
Castor (FL)
Castro (TX)
Chaffetz
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Costa
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farenthold
Farr
Fattah
Fleming
Foster
Frankel (FL)
Fudge
Gabbard
Garamendi
Garcia
Gibson
Gowdy
Grayson
Green, Al
Green, Gene
Grijalva
Grimm
Gutierrez
Hahn
Hanabusa
Hanna
Hastings (FL)
Heck (WA)
Herrera Beutler
Higgins
Himes
Honda
Hoyer
Huelskamp
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
King (NY)
Kingston
Kirkpatrick
Kuster
Labrador
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Markey
Massie
Matsui
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Mulvaney
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
O'Rourke
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Posey
Price (NC)
Quigley
Rangel
Rice (SC)
Richmond
Rigell
Roybal-Allard
Ruiz
Runyan
Ruppersberger
Rush
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
Yoho
Young (FL)
NOES--206
Aderholt
Alexander
Andrews
Bachmann
Bachus
Barletta
Barr
Barton
Bentivolio
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Bridenstine
Brooks (IN)
Broun (GA)
Bucshon
Burgess
Calvert
Camp
Cantor
Capito
Carter
Chabot
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cooper
Cotton
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Doyle
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Enyart
Fincher
Fitzpatrick
Fleischmann
Flores
Forbes
Fortenberry
Foxx
Frelinghuysen
Gallego
Gardner
Garrett
Gerlach
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Guthrie
Hall
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Hinojosa
Holding
Hudson
Huizenga (MI)
Hultgren
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jordan
Joyce
Kelly (PA)
King (IA)
Kinzinger (IL)
Kline
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran
Mullin
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Price (GA)
Radel
Rahall
Reed
Reichert
Renacci
Ribble
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Ryan (OH)
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (IN)
NOT VOTING--11
Campbell
DeGette
Franks (AZ)
Holt
Horsford
Hunter
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Shimkus
Webster (FL)
Announcement by the Acting Chair
The Acting CHAIR (during the vote). There is 1 minute remaining.
{time} 1812
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Gosar
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available in this Act or
funds available in the Bonneville Power Administration Fund
may be used by the Department of Energy for any program,
project, or activity required by or otherwise proposed in the
memorandum from Steven Chu, Secretary of Energy, to the Power
Marketing Administrators with the subject line ``Power
Marketing Administrations' Role'' and dated March 16, 2012.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. GOSAR. Mr. Chairman, on March 16, 2012, the Secretary of Energy
issued a ``Memorandum for Power Marketing Administrators.'' This memo,
commonly referred to as the ``Chu memorandum,'' has created a great
deal of
[[Page H4340]]
concern among our constituents who rely on Power Marketing
Administrations, or PMAs, for affordable and reliable energy.
As many of you know, the PMAs are four regional Power Marketing
Administrations which have been delivering reliable, clean energy to
consumers for over 75 years. The PMAs have been successful models of
regional collaboration with local stakeholders and a guided principle
of ``beneficiary pays,'' meaning that whoever benefits from the
specific investments in the PMAs' infrastructure ultimately bears the
cost.
The former Secretary's memo directs the PMAs to act in areas
involving transmission expansion, renewable energy, energy efficiency,
and cybersecurity--all laudable goals--goals that, on the surface, I
support. In fact, I have strongly advocated for the expansion of
transmission here in Congress. However, I believe the Department of
Energy's means of these goals, the ``Chu memo,'' would implement a top-
down approach that could certainly impose greater costs and risks that
outweigh benefits and could undermine the collaborative and low-cost,
emissions-free nature of the Federal power program.
This issue has undergone significant scrutiny here in Congress over
the past year. Last year, I and Congressman Jim Matheson, from Utah,
led a letter expressing concern over the Chu memo. That letter was
signed by over 160 U.S. Senators and Representatives, almost evenly
split between Republicans and Democrats. Additionally, the House
Appropriations Committee approved similar language to what I am putting
forth today, by voice vote, to the 2013 Energy and Water Appropriations
bill barring the Secretary from implementing the Chu directives. There
are few issues that Congress has had such consensus on in the past.
Additionally, the House Natural Resources Committee has held multiple
hearings on the memo, and it was a major topic of conversation at our
recent PMA FY 2014 budget hearing. Members from both sides of the aisle
have expressed concern about how the DOE might move forward with the
Chu memo.
It is best if we stop this train wreck from moving forward before it
is even implemented. My amendment would simply prohibit the power
marketing agencies from utilizing their budgets to implement any new
program, project or activity proposed under the guise of this memo. It
is not intended to disrupt any previously existing activities of the
PMAs, including the Bonneville Power Administration, that have been
conducted in coordination and with the support of the customers. It is
many of our beliefs that the recommendations of the memo fall far from
the DOE's authority under the existing law. If the DOE would like to
move forward, this amendment ensures the administration will have to
come forward in a transparent manner and request legal authority.
I hope my colleagues will support this commonsense amendment that
will preserve the existing Federal power program and will ensure our
constituents' electricity costs stay low. I urge the support of my
amendment.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. I support the gentleman's amendment. As he said,
we had a similar provision in last year's bill, and we know the
concerns are acute in the power marketing regions.
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 amendment was agreed to.
Amendment Offered by Mr. Whitfield
Mr. WHITFIELD. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title) insert the
following new section:
Sec. __. None of the funds made available by this Act
under the heading Renewable Energy, Energy Reliability and
Efficiency may be used by the Department of Energy for wind
energy programs.
Mr. WHITFIELD (during the reading). I ask unanimous consent that the
reading of the amendment be dispensed with.
The Acting CHAIR. Is there objection to the request of the gentleman
from Kentucky?
Mr. FRELINGHUYSEN. I object.
The Acting CHAIR. Objection is heard.
The Clerk will read.
The Clerk continued to read.
The Acting CHAIR. The gentleman from Kentucky is recognized for 5
minutes.
Mr. WHITFIELD. I would like to explain, number one, why I am offering
this amendment and then explain, number two, specifically what this
amendment does.
The reason it is in handwriting is that, after we submitted the
printed amendment, we had a conversation with the Parliamentarian, and
a suggestion was made to change it, so it was changed.
This administration has made it very clear to the American people
that it is trying to dictate the fuels used to produce electricity in
America, and they've made it very clear that they are flagrantly
discriminating and giving preferential treatment to the wind industry.
Now, why do I say that?
I don't say it because of the $12.1 billion production tax credit
that the wind industry has received this year, and I don't say it
because of the billions of dollars that the wind industry has received
in past years. I say it because the administration has decided not to
prosecute the wind industry for violations of the Migratory Bird Treaty
Act or of the Bald and Golden Eagle Protection Act or of the Endangered
Species Act.
According to an Associated Press investigation, in fact, the Obama
administration has never fined or prosecuted a wind farm for killing
eagles and other protected bird species--shielding the industry from
liability and helping keep the scope of the deaths secret.
As a matter of fact, to show you how the administration is being very
discriminatory in the prosecution of these acts, British Petroleum was
fined $100 million for killing migratory birds in the gulf oil spill.
ExxonMobil was fined $600,000 for killing 85 birds. PacifiCorp was
fined $10.5 million for killing birds. A utility in Wyoming was fined
$100,000 for killing one eagle. I could go on and on and on. Yet more
than 573,000 birds were killed by the country's wind farms last year,
including 83,000 hunting birds, such as hawks, falcons and eagles,
according to an estimate published in March in the peer-reviewed The
Wildlife Society.
We know that this administration is getting the reputation of
deciding what Federal laws it's going to enforce and which ones it's
not going to enforce. Now it is deciding that we are going to prosecute
on the Endangered Species Act, the Bald and Golden Eagle Protection
Act, and the Migratory Bird Treaty Act if you happen to be in this
sector of the economy, but if you're in the wind industry, we're not
going to prosecute you.
Do you know what is even worse than that?
They are now deciding that they want to carve out a rule, which the
Obama administration has proposed, that would give wind energy
companies potentially decades of shelter from the prosecution of the
killing of any birds. The regulation is currently under review at the
White House. The proposal, which was made at the urging of the wind
industry, would allow companies to apply for 30-year permits to kill
bald eagles, golden eagles and other migratory birds. Previously,
companies were only eligible for 5-year permits. It's basically
guaranteeing a black box for 30 years, and they're saying, Trust us for
oversight.
``This is not the path forward,'' said Katie Umekubo, a renewable
energy attorney with the Natural Resources Defense Council.
So why should the American people be giving billions of dollars to
this industry and be allowing this administration not to prosecute them
when they are obviously killing thousands of birds--in direct violation
of the Migratory Bird Treaty Act, of the Bald and Golden Eagle
Protection Act, and of the Endangered Species Act?
My amendment simply says, with regard to the $24 million set aside
for research and development in the committee report, that it not be
allowed to use that money simply because of the
[[Page H4341]]
extraordinary protection this administration is going to provide to
prevent them from being prosecuted under the existing Federal laws that
this Congress passed many years ago. That is the purpose of the
amendment, and I would respectfully urge Members to vote for this
amendment.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise reluctantly to oppose the
amendment because I know my colleague, my friend from Kentucky, has an
incredible reputation of being the friend of animals and birds.
Obviously, we are concerned about the issues he has raised.
Our bill already reduces the Wind Energy program from $59 million to
$24 million, a cut of nearly 60 percent. His amendment goes a step
further by eliminating the Wind Energy program entirely, which would
result in the termination of the first offshore wind at-scale
demonstration in the United States and would result in a dramatic drop-
off in the U.S. deployment of wind energy systems. This setback would
come at a time when wind is renewable energy's fastest growing sector.
I oppose my colleague's amendment. I am certainly aware of his
heartfelt concern. We are listening to what he said, but I still oppose
it.
I yield back the balance of my time.
Mr. GARAMENDI. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. GARAMENDI. I think the gentleman who is proposing the amendment
is missing some major points.
Before a wind energy project can continue or go into effect, it has
to meet very stringent environmental requirements. Those environmental
requirements, among other things, deal specifically with all types of
birds. I will tell you that, in my current district and in my previous
district, I had the major wind farms in California, and no project was
allowed to go forward without addressing these issues. Under the
Endangered Species Act, it is possible for incidental takes to take
place if there is appropriate mitigation, and I know from the projects
in my area that there had to be appropriate mitigation.
{time} 1830
The modern wind turbines are far different than the old wind
turbines, which were, in fact, deadly to birds. The modern wind
turbines are far less so. And if there is an incidental take of a
listed species, it can only occur with proper and appropriate
mitigation.
The author's reference to the issue of a longtime take opportunity
only occurs if there happens to be an adaptive management program in
place that allows the Fish and Wildlife Service and other appropriate
agencies to review the process and progress, or lack thereof, and apply
different measures or stop the projects at that time.
So I would oppose the amendment. I think it is based upon incorrect
facts. And I join the chairman in opposition.
I yield back the balance of my time.
Ms. KAPTUR. I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Mr. Chairman, I rise in opposition to this amendment.
Last year, wind energy was the largest source of new generating
capacity in our country, comprising 42 percent of all new generating
capacity. Overall, America's wind energy capacity grew by 28 percent.
That's an incredible record, and it demonstrates that wind energy is an
affordable, reliable source of power that produces no carbon or other
air pollution.
But the recent success of wind energy in our country doesn't mean we
should stop investing in it. In fact, we need to do more, not less, to
develop and deploy new wind energy technologies, and we're busy doing
that along the Great Lakes.
Wind energy will play an important role in the transition to a
cleaner energy economy. According to the American Wind Energy
Association, this year alone U.S. wind projects will avoid nearly 100
million metric tons of carbon dioxide being poured into the
atmosphere--the equivalent of reducing power sector emissions by over 4
percent or taking more than 17 million cars off the road.
In addition to cutting carbon pollution, investing in wind energy is
a boon to our economy. In 2012, the industry supported more than 80,000
full-time equivalent jobs, including more than 25,000 manufacturing
jobs at more than 550 facilities. As the global clean energy economy
grows, the United States has a tremendous opportunity to attract more
investment here and create even more manufacturing jobs, including in
Kentucky and Ohio.
But we are at risk of missing out on this opportunity. At a time when
the global clean energy market is getting more competitive, the United
States has started to lag behind. In 2012, China's level of clean
energy financing surpassed our country's for the first time.
Year after year, some House Republicans have pushed budgets and
appropriation bills that would slash funding for clean energy and
energy-efficiency programs. This appropriation bill is no exception,
and Mr. Whitfield's amendment just takes it one step further.
Eliminating all Department of Energy wind energy programs is exactly
the wrong approach and one that will hurt our Nation's competitiveness
in this growing market. It certainly isn't consistent with an all-of-
the-above energy strategy.
Some may argue it makes sense to cut government investment in wind
energy since it is a more mature technology than some emerging
technologies, but wind energy isn't operating on a level playing field.
The United States currently provides enormous government subsidies and
tax breaks to fossil fuels. In fact, the International Monetary Fund
just issued a report finding that the United States provides more
subsidies to fossil fuels than any other country in the world, even
China. Our annual subsidies total over--get ready for this--one-half of
a trillion dollars.
We shouldn't cede the growing global clean energy market to China or
make any of our other competitors happy.
And let me just say this, as I know quite a bit about this and Ohio
has been fast about wind energy. I represent the Saudi Arabia of wind
in the Great Lakes, which is called Lake Erie. Lake Erie also happens
to be the warmest of the lakes, so it's a bird haven. On the
Mississippi Flyway, we have more fish, fauna, and birds than all the
other Great Lakes combined. And with that Mississippi Flyway coming up,
we have lots of eagles, we have lots of different types of birds. The
cormorants are some that are problematic, but, nonetheless, we are
really a bird haven. We've learned that the wind turbines don't cause
us any trouble. We have to situate them sometimes 3 miles from shore.
The biggest killer of birds nationwide is cats. So if you really want
to look at where the problem is, maybe we need more cat control. But
honestly, for the number of turbines that we've erected, what happens,
especially when you have a set of turbines operating in the air, they
create an updraft and the birds--they are pretty smart--sort of fly
above the wind. They're amazing. They float on the pathway that the
turbines generate. In addition to that, there are new technologies like
strobe lights that are actually affixed to the turbines, and they keep
birds away. It's almost like a silent radar in a way. So there are new
technologies that are being developed to deal with that.
We actually want birds. We want turbines. We want clean energy. We
want all types of energy in our region. We haul coal out of Kentucky to
many of our power plants. So we have an all-of-the-above strategy in
our region, but we really welcome the wind opportunities.
Cleveland, Ohio, and an investment group called LEEDCo is doing
everything possible to move additional turbines onto the Great Lakes.
So I rise in opposition to the gentleman's amendment. I ask my
colleagues to vote against it. And I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Kentucky (Mr. Whitfield).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. WHITFIELD. Mr. Chairman, I demand a recorded vote.
[[Page H4342]]
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Kentucky
will be postponed.
Ms. TITUS. I move to strike the last word.
The Acting CHAIR. The gentlewoman from Nevada is recognized for 5
minutes.
Ms. TITUS. Mr. Chairman, I rise this evening to speak on a serious
issue that affects my constituents. I've been investigating it since it
was brought to my attention several months ago through our local media.
The Department of Energy is in the process of moving dangerous
radioactive waste thousands of miles across the country from east
Tennessee to southern Nevada. This waste is destined for the Nevada
Nuclear Security Site, formally known as the Nevada Test Site. This is
a totally separate issue now from the proposed Yucca Mountain storage
site debate that we have heard earlier today.
If you're unaware that this radioactive waste is traveling through
your backyard, I'm not surprised. The DOE has failed to properly inform
Congress about this activity.
The project involves the transport of hundreds of canisters
containing high-concentration fissile materials from the Consolidated
Edison Uranium Solidification Project in Oak Ridge, Tennessee, to be
dumped in my State of Nevada. The materials are so radioactive that
they have a half life of more than 160,000 years.
I want to be clear that this is not the kind of low-level waste that
the Nevada Test Site has been accepting for years. In fact, just weeks
ago, I learned that the Department of Energy had reworked the waste
acceptance criteria for the security site to allow storage of materials
that have radioactive concentrations more than 40 times higher than
anything that has ever been brought to the site for disposal before.
That revision to the WAC, or waste acceptance criteria, was signed
off on by the DOE the very same day that agency officials met with my
staff and State and local officials, yet DOE didn't think it was
necessary or important to inform any of us about this change. As a
matter of fact, it took an Internet search days later to discover that
DOE had actually reworked the playbook for the site without any public
input.
Mr. Chairman, there are far too many questions about what DOE is
doing and plans to do at the Nevada Test Site, questions that so far
have gone unanswered.
Nevadans have had a lot of experience dealing with Federal officials
throughout the days of atomic testing and during the Cold War. We're
not going to just turn aside now and let the DOE run roughshod over our
communities.
And I can tell you that I'm not alone in expressing my concerns about
the DOE's activities. Our Republican governor, Brian Sandoval, has also
publicly stated his opposition to the shipments of this radioactive
waste. In a letter to the Energy Secretary, our Governor stated that
classifying ``this material as low-level waste sets a dangerous
precedent.'' I will be submitting the letter from Governor Sandoval for
the Record.
Mr. Chairman, my district sits just 65 miles southeast of the Nevada
Test Site. The Las Vegas metropolitan area is home to nearly 2 million
residents and more than 40 million visitors annually. Any plan to
transport waste through the heart of the Las Vegas Valley would be
extremely risky and incredibly irresponsible. The stakes are just too
high to gamble on District One's safety.
The DOE has refused to cooperate with repeated attempts to gather
additional information so we can have appropriate oversight. It's
unthinkable that DOE is moving forward with this program without
properly briefing Members of Congress. If we are being kept in the
dark, who is overseeing the DOE's plans? It's critical that DOE be
forthright about how and why the WAC was changed, how the changes
relate to the proposed shipment, and how these changes will affect the
safety and security of southern Nevada and communities across the
country in the path of this transportation.
I'd like to thank the chairman and especially the ranking member for
allowing me to bring this to the attention of the House, and I would
ask them to work with me to ensure that there's proper congressional
oversight of DOE and that the people of Nevada and beyond get the
answers that they deserve.
With that, I yield back the balance of my time.
Office of the Governor,
Las Vegas, NV, June 20, 2013.
Re Planned Shipment of Wastes from Oak Ridge to Nevada
National Security Site
Hon. Dr. Ernest Moniz,
Secretary, U.S. Department of Energy,
Washington, DC.
Dear Secretary Moniz: I'm writing to inform you that after
long and serious consideration, I have decided to oppose the
Department of Energy's plan to ship the Consolidated Edison
Uranium Solidification Project (CEUSP) canisters containing
dangerous and long-lived radioactive waste for disposal at
Area 5 of the Nevada National Security Site (NNSS).
I am aware that DOE believes that these canisters qualify
for disposal as low-level radioactive waste (LLW). My
advisors have independently evaluated all of the important
technical and regulatory issues. They have concluded that the
CEUSP canisters are not commonplace LLW; even if these
canisters meet a legalistic definition of LLW, they are not
suitable for shallow land burial at the NNSS. Nevada is also
not satisfied with the overall process that DOE has followed
in developing its disposal and transportation plans,
including failure to appropriately address the concerns of
affected local governments and Native American Tribes.
The CEUSP canisters can only be considered LLW because they
do not meet the legal definition of high-level radioactive
waste, spent nuclear fuel, transuranic waste, or uranium mill
tailings. Using this logic, DOE is attempting to exploit a
gap in current regulations. This dangerous waste should be
managed in the same manner as remote-handled transuranic
waste, which DOE currently ships to the Waste Isolation Pilot
Plant for permanent deep-geologic disposal. The canisters
contain a high concentration of fissile material (Uranium 235
and Uranium 233), uranium isotopes that are extremely long-
lived (half lives of more than 160,000 years), and have a
relatively high surface dose rate (300 rem per hour), which
makes them dangerous to workers and a potential source of
``dirty bomb'' material. Moreover, qualifying this material
as LLW sets a dangerous precedent for the classification of
potential future waste streams that exist across the nation.
Both Nevada and DOE have a mutual interest in the long-term
and safe management of NNSS. Over the past two decades, the
Nevada Division of Environmental Protection has worked
successfully with DOE on a broad range of environmental
assessment and remediation activities at NNSS. I believe that
this provides a basis for shared planning for future uses of
DOE facilities at NNSS.
I request a meeting with you at your earliest convenience
to discuss in a cooperative manner Nevada's views on the
future of operations at the NNSS. Timely matters for
discussion include the recently completed Site-wide
Environmental Impact Statement and pending issuance of the
associated Record of Decision, troubling revisions to the
NNSS Waste Acceptance Criteria, and the unsatisfactory manner
in which DOE and National Nuclear Security Administration
have dealt with affected local governments and Native
American Tribes in Nevada.
The State of Nevada is committed to a long-term cooperative
relationship with your Department, based on mutual respect,
sound science, protection of the environment, and public
health and safety. I look forward to meeting with you at your
earliest convenience.
Sincere regards,
Brian Sandoval,
Governor.
Amendment Offered by Mr. Turner
Mr. TURNER. I have an amendment at the desk
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to reduce the active and inactive nuclear weapons
stockpiles of the United States in contravention of section
303(b) of the Arms Control and Disarmament Act (22 U.S.C.
2573(b)).
Mr. TURNER (during the reading). Mr. Chairman, I ask unanimous
consent to dispense with the reading.
The Acting CHAIR. Is there objection to the request of the gentleman
from Ohio?
There was no objection.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. TURNER. Mr. Chairman, I rise today to offer an amendment to H.R.
2906.
I offer this amendment in response to the President's recent address
in Berlin in which he outlined his plan to further reduce the United
States strategic nuclear arsenal below acceptable levels and in
contravention of current law.
[[Page H4343]]
The President's latest proposal would once again call for unilateral
reductions in our strategic nuclear arsenal at a time when countries
like Russia and China continue to expand and modernize their nuclear
capabilities.
To make matters worse, the President has undertaken this most recent
effort without the consent of the United States Senate, as required
under the Arms Control and Disarmament Act, which states international
agreements cannot limit or reduce the military forces of the United
States unless enacted pursuant to a treaty or congressional-executive
agreement.
Not only do the President's continued calls for weapons reductions
jeopardize the safety and security of the United States, but he
compromises the safety of our partner nations.
It is unacceptable that the President continues to make secret deals
with countries like Russia while at the same time breaking promises
with the American people and our allies.
The current threat environment around the world is very real and
should not be underestimated. A robust nuclear arsenal is critical in
deterring against emerging threats like Iran and North Korea.
My amendment simply ensures that none of the funds appropriated by
this act may be used to further reduce nuclear force reductions outside
of the formal process established under existing law.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. I support the gentleman's amendment, and I salute
his leadership in this area, both in this Congress and the past
Congresses.
I yield back the balance of my time.
Ms. KAPTUR. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. I rise in opposition to the gentleman's amendment and
wish to say, first of all, it is unnecessary because there are no funds
in the FY14 bill that are allocated to be used for nuclear weapons
reductions below the New START levels.
The amendment, in my opinion, is constitutionally questionable
because it impinges on the President's ability to set U.S. nuclear
weapons policy and usurp's the President's ability to retire,
dismantle, or eliminate non-deployed nuclear weapons.
{time} 1845
This amendment restricts the President's constitutional authority to
negotiate international agreements, including sole executive agreements
for arms reductions; and it impinges on the President's authority to
determine the number of strategic delivery vehicles needed to meet
national security requirements and implement changes in those forces,
as appropriate. And it limits the President's authority to determine
appropriate force structure to meet nuclear deterrence requirements and
to set nuclear employment policy, an authority exercised by every
President in the nuclear age. Frankly, it is bad policy.
Blocking nuclear weapons reduction is out of step with post-Cold War
and post-9/11 security environment. Secretary Schultz, Secretary
Kissinger, Secretary Nunn, and Secretary Perry all have encouraged
further nuclear weapons reductions stating in 2007:
Unless urgent new actions are taken, the United States soon
will be compelled to enter a new nuclear era that will be
more precarious and psychologically disorienting, and
economically even more costly than was Cold War deterrence.
The amendment disregards potential military requirements, including
potential Strategic Command recommendations, and instead imposes
congressional requirements.
It seems to restrict any reductions below the New START to bilateral
negotiated reductions with Russia. So in effect it outsources decisions
on U.S. nuclear force structure to Russia, and it requires maintenance
of nuclear weapons levels that might be costly and unnecessary in an
era of budget constraints.
I think the amendment is poorly written and will not achieve its
objectives. It fails to ban unilateral reductions by referencing the
ACA section 303(b) of the Arms Control and Disarmament Act.
It fails to keep deployed forces at 1,550. And, as written, it allows
the whole stockpile to decline to that level since that's the limit in
New START. This would entail retaining a total stockpile of 1,550 with
a deployed force of 1,550, which simply does not make sense. Neither
the active nor the inactive stockpile is limited by New START. The
treaty limits the number of operationally deployed warheads and
delivery vehicles. While operationally deployed warheads are part of
the active stockpile, the size of the stockpile itself is not limited.
Supporting 1,550 deployed warheads would require the Department of
Defense and the Department of Energy to maintain an active stockpile in
excess of 1,550 warheads. New START also does not count nonstrategic
warheads, so it is unclear whether the amendment intends to count the
nonstrategic warheads under the New START limit.
Mr. Chairman, I would like to submit some additional comments for the
Record. Obviously, I disagree with the gentleman's amendment and urge
my colleagues to oppose his amendment.
I yield back the balance of my time.
Talking Points Against the Turner Amendment on Nuclear Weapons
Reductions
Turner Amendment language: Sec._. None of the funds made available by
this Act may be used to reduce the number of nuclear weapons in the
active and inactive stockpiles of the United States below that required
by the New START treaty (as defined in __) in contravention of section
303(b) of the Arms Control and Disarmament Act (22 USC 2573(b)).
Unnecessary
There are no funds in FY14 bill that are allocated to be used for
nuclear weapons reductions below New START levels.
Constitutionally questionable
The amendment impinges on the President's ability to set US nuclear
weapons policy and usurps the President's ability to retire, dismantle,
or eliminate non-deployed nuclear weapons.
This amendment restricts the President's constitutional authority to
negotiate international agreements, including sole executive agreements
for arms reduction;
impinges on the President's authority to determine the number of
strategic delivery vehicles needed to meet national security
requirements and implement changes in those forces as appropriate;
limits the President's authority to determine appropriate force
structure to meet nuclear deterrence requirements and to set nuclear
employment policy--authority exercised by every president in the
nuclear age.
Bad policy
Blocking nuclear weapons reductions is out of step with post-Cold War
and post-9/11 security environment. Sec. Schultz, Sec. Kissinger,
Senator Nunn and Sec. Perry have encouraged further nuclear weapons
reductions stating in 2007: ``Unless urgent new actions are taken, the
United States soon will be compelled to enter a new nuclear era that
will be more precarious and psychologically disorienting, and
economically even more costly than was Cold War deterrence.
Disregards potential military requirements, including potential
Strategic Command recommendations, and instead imposes Congressional
requirement.
Seems to restrict any reductions below New START to bilateral,
negotiated reductions with Russia, so in effect outsources decisions on
US nuclear force structure to Russia.
Requires maintenance of nuclear weapons levels that might be costly
and unnecessary in an era of budget constraints.
Ineffective
The amendment is poorly written and will not achieve its objectives.
It fails to ban unilateral reductions by referencing the ACA Section
303(b) of the Arms Control and Disarmament Act.
ACDA does not prevent the President from making unilateral reductions
in U.S. nuclear weapons. It says that the President cannot obligate the
United States to reduce its forces in a militarily significant way
without seeking the approval of Congress. ``Obligate'' usually means
signing a legally-binding treaty or executive agreement. A handshake,
or joint statement of political intent would not be an ``obligation''
under the terms of this legislation.
It fails to keep deployed forces at 1,550.
As written, it allows the whole stockpile to decline to 1,550, since
that's the limit in New START. This would entail retaining a total
stockpile of 1,550, with a deployed force of 1,550, which does not make
sense. Neither the active nor the inactive stockpile are limited by New
START. The Treaty limits the number of operationally deployed warheads
and delivery vehicles. While operationally deployed
[[Page H4344]]
warheads are part of the active stockpile, the size of the stockpile
itself is not limited. Supporting 1,550 deployed warheads would require
DOD and DOE to maintain an active stockpile in excess of 1,550
warheads. New START also does not count nonstrategic warheads so it is
unclear whether the amendment intends to count the nonstrategic
warheads under the new START limit.
Quote by Gen Kehler, in response to question by Mr. Turner at
STRATCOM policy hearing on March 5, 2013 (noting that you do not
necessarily need an operational pit production infrastructure is needed
before we reduce non-deployed nuclear weapons):
Mr. Turner. Great. Because you would agree that our ability to have a
long-term ability for production, in a production infrastructure should
be a basis for us considering whether or not we reduce any of our hedge
in case there isn't an issue with the weapons that we have.
General Kehler. Sir, I think that is one consideration. I don't think
that is the only consideration. And I think that there are some
scenarios that you can unfold where an interim strategy will serve us
even under some technical issues. So I--but I think for the United
States of America in the long term that we want a permanent solution to
the nuclear enterprise that includes a permanent solution to the
plutonium.
Mr. ROGERS of Alabama. I urge the House to support the Turner-Rogers-
Franks-Bridenstine amendment.
The New START treaty is perhaps the first unilateral arms control
treaty the U.S. has ratified in that it is the first treaty where only
the U.S. has to make reductions in the central limits of the treaty.
Every six months new data is released by the Department of State
showing that only the U.S. is reducing its deployed nuclear forces to
implement this treaty.
Last month, in Berlin, the President announced that he was changing
the Nuclear Weapons Employment Guidance and Strategy of the United
States to support further reductions in United States nuclear forces.
Never before has a President done something like this.
Yes, Presidents since Truman have updated the nation's nuclear war
plan.
But there is no precedent for a President to tell the national
security team that, regardless of the nuclear weapons modernization
programs of China, Russia, Pakistan, North Korea and others, the U.S.
should plan to reduce our nuclear forces.
Every other President has asked one simple question when conducting a
review like this: what level of nuclear forces do I need to ensure that
a potential enemy or adversary knows that if he attacks the United
States or our allies, we will have the ability to respond with nuclear
forces that could result in nothing less than total devastation?
It has not been explained to me how fewer nuclear weapons in the U.S.
nuclear deterrent is necessarily better for the country's security.
When allies see us backing away from our extended deterrent, and
potential adversaries see us giving up these capabilities while they
are growing them in practically every way--cascades of proliferation
cannot be far behind.
Already we see that allies are concerned with the President's new
approach.
For 66 years, since the U.S. used them to end World War II, our
deterrent has kept the world safe.
This is not a recipe the Congress will let the President arbitrarily
change to satisfy a small cloister of arms control and disarmament
ideologues.
The reason the Turner-Rogers-Franks-Bridenstine amendment is so
important is that in this new strategy the President announced, he
refuses to commit to following the established precedent of only
pursuing nuclear reductions with another nation through a treaty or a
congressional-executive agreement that must be enacted by an
affirmative act of Congress.
Practically every senior military officer who has testified before
the House Armed Services Committee on the subject of further nuclear
force reductions has been clear they must be ``bilateral and
verifiable'' and that the only way to achieve this is through a treaty.
Yet, the civilians in the Administration refuse to state that this
approach supported by the military is also the President's policy.
This amendment is consistent with language I offered, as Chairman of
the Strategic Forces Subcommittee that overseas our nation's nuclear
forces, which was adopted by the House Armed Services Committee and the
House itself, in the recent FY14 National Defense Authorization Act.
The President may think he doesn't need Congress when it comes to
international agreements with states like Russia.
He may think he can ignore gross violations in arms control
agreements, like those Russia is engaged in today.
But he still needs money to implement his policies.
And that's what we can deny him if he attempts to ignore or
circumvent the people's elected representatives in Congress.
I encourage the support of this amendment and I thank Chairman
Frelinghuysen for his support, leadership, and endurance during this
long process.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Ohio (Mr. Turner).
The amendment was agreed to.
Amendment Offered by Mr. Ben Ray Lujan of New Mexico
Mr. BEN RAY LUJAN of New Mexico. Mr. Chairman, I have an amendment at
the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. The amounts otherwise provided by this Act are
revised by reducing the amount made available for ``Corps of
Engineers-Civil--Expenses'', and increasing the amount made
available for ``Corps of Engineers-Civil--Construction'', by
$15,000,000.
The Acting CHAIR. The gentleman from New Mexico is recognized for 5
minutes.
Mr. BEN RAY LUJAN of New Mexico. Mr. Chairman, I rise to amend H.R.
2609, the Energy and Water appropriations bill, for the purpose of
addressing several issues in New Mexico.
More specifically, my amendment would increase the construction
account by $15 million to ensure local governments, like the city of
Rio Rancho, the county of Benalillo and the Middle Rio Grande
Conservancy District, get reimbursed for the work that they have done
in conjunction with the Army Corps of Engineers. The Army Corps of
Engineers works with local governments in New Mexico to construct
levees, implement flood control measures, and other important
infrastructure for the safety of the public.
More specifically, the city of Rio Rancho entered into a
reimbursement contract with the Army Corps of Engineers and has not
been paid back for several years due to the lack of appropriations. The
same goes for the county of Benalillo and the Middle Rio Grande
Conservancy District, and others across the country.
This delay in reimbursement has led to interruptions in financing for
other city projects and also has the potential to hurt the credit
ratings of these entities if they do not recover these funds via
reimbursement, as stated in their contracts.
By increasing the dollar amount in this account, which includes a
number of programs and accounts that are critical to local
governments--like engineering, construction, technical assistance,
flood control, and environmental infrastructure--we can get these
entities reimbursed and get these liabilities off the books of the Army
Corps of Engineers to get the projects going.
Mr. Chairman, local governments have been left holding an IOU from
the Federal Government for doing work based on good-faith written
agreements with the Army Corps of Engineers. Mr. Chairman, I understand
that there may be opposition from the Republican majority, but I'm
hoping I can persuade the chairman to support me in this effort.
Section 593 of the Water Resources Development Act of 1999 is under
which the city of Rio Rancho and these other local governments entered
into agreements with the Army Corps of Engineers. If the Republican
majority disagrees with the authority, they should repeal it; but let's
make these local governments whole.
When city and local governments enter into reimbursement contracts,
they expect to be reimbursed. They have annual budgets with the
expectation they will get paid back. Congress should live up to these
obligations in the authority given to the agency by Congress. I
understand the constraints that the subcommittee dealt with with the
allocations given to them, but we need to make sure that we're working
to make these local governments whole. Again, going forward, if this is
an authority that the Republican majority feels we should do away with,
we should do away with it. But let's make these local governments
whole.
With that, Mr. Chairman, I yield back the balance of my time.
Mr. FRELINGHUYSEN. I move to strike the last word, Mr. Chairman.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in strong opposition to the
[[Page H4345]]
gentleman from New Mexico's amendment.
The gentleman makes the case that there's a need for this
infrastructure, and maybe there is; but the Corps of Engineers has no
particular expertise or reason for being the funding source. Especially
when we're looking at such tight budgets to begin with, we must focus
the Corps' funding on activities which have the greatest impact on our
economy and public safety, namely, navigation and flood control--our
historic responsibility. So I must oppose the amendment and urge my
colleagues to do so as well.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Mexico (Mr. Ben Ray Lujan).
The amendment was rejected.
Amendment Offered by Mr. Nugent
Mr. NUGENT. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to bring an action against the United States.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. NUGENT. Mr. Chairman, since coming to the House of
Representatives a little over 2 years ago, I have made it a priority to
revitalize the economy in central Florida. As a result, I have had the
opportunity to meet with community leaders in my district and the
surrounding areas to talk about projects that matter the most to them--
dredging of canals and the building of new roads.
Again and again, I find, however, that the Army Corps of Engineers is
slow rolling many of these projects, not because they want to, but
because they're forced to.
The Corps continues to move the goalpost on these communities. And
once permits have been given and work has already been done, the Corps
has come back with fines and penalties and mitigation.
When I asked the Army Corps what happened with these projects, it's
the same thing. I constantly hear from the Corps that they're worried
about being sued. They're worried because the advocacy groups all over
this country are dedicated to doing nothing other than taking away
Congress' responsibilities for setting our Nation's laws, regulatory
policies, and giving it to the courts or the executive branch.
These activists don't want people of the United States of America or
their elected officials to have any say in how this country is run.
They want to force their own agenda on everybody else through the
courts; and even more disturbing, they're doing it with taxpayer money.
These groups receive Federal grants; and once they take the Army
Corps, the EPA, or any other agency to court, they oftentimes get a
cash settlement or payout to go away. That money goes back into the
litigation system, furthering the problem.
Take, for example, the group Earthjustice, which in their tax year of
2011 nonprofit 990 tax form described themselves as a ``public interest
law firm'' dedicated to pursuing ``far-reaching, big-impact
litigation.'' In that filing, Earthjustice used the phrase ``our
litigation'' or ``our lawsuits'' over a dozen times. Their 2011 filing
includes seven pages of attorneys' fees that have been awarded to them;
and that document celebrates the fact that because of the work, the
Federal Government is forced to back down. They have an entire section
dedicated to their work to stop the construction of the Keystone XL
pipeline.
Moreover, they are doing it with our money. Groups like this get
Federal dollars through grants. Then they use the money to help fund
lawsuits against the Federal Government and these agencies. They take
that settlement money that we pay out, to the tune of $5 million in
2011 for just one group, one advocacy group, Earthjustice; and, guess
what, that money comes from the pockets of the American people.
Whether or not you support the policy goals of groups like
Earthjustice, every single person in this room should be worried about
their tactics. Their self-stated mission is to take regulatory power
out of the hands of Congress and hand it to the courts. The goal is
diametrically opposed to the vision our Founding Fathers had.
Nobody in this Chamber should support abdicating our constitutional
responsibilities to activists who then charge the tab back to United
States citizens and then come back asking for even more money.
Madam Chair, I appreciate the work that the chairman has done in
moving this particular bill through. In discussions with the chairman
of the committee, we're going to withdraw this amendment because I
believe that we can work together to try to resolve the fact that these
groups shouldn't profit on the backs of American taxpayers, blocking
justice and the ability for these places, communities that I serve and
others in this great Nation to create jobs.
With that, I ask unanimous consent to withdraw my amendment.
The Acting CHAIR (Ms. Ros-Lehtinen). Without objection, the amendment
is withdrawn.
There was no objection.
Amendment Offered by Mr. Engel
Mr. ENGEL. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. ENGEL. Madam Chair, on May 24, 2011, President Obama issued a
memorandum on Federal fleet performance that requires all new light
duty vehicles in the Federal fleet to be alternate fuel vehicles, such
as hybrid, electric, natural gas, or biofuel, by December 31, 2015.
My amendment echoes the Presidential memorandum by prohibiting funds
in the Energy and Water Development and Related Agencies Appropriations
Act of 2014 from being used to lease or purchase new light duty
vehicles except in accord with the President's memorandum.
Our transportation sector is by far the biggest reason we send $600
billion per year to hostile nations to pay for oil at ever-increasing
costs. But America doesn't need to be dependent on foreign sources of
oil for transportation fuel. Alternative technologies exist today that,
when implemented broadly, will allow any alternative fuel to be used in
America's automotive fleet.
The Federal Government operates the largest fleet of light duty
vehicles in America. According to GSA, there are over 660,000 vehicles
in the Federal fleet, with over 14,000 being used by the Department of
Veterans Affairs and other departments.
By supporting a diverse array of vehicle technologies in our Federal
fleet, we will encourage development of domestic energy resources--
including biomass, natural gas, agricultural waste, hydrogen, renewable
electricity, methanol, and ethanol.
When I was in Brazil, I saw how they diversified their fuel by
greatly expanding their use of ethanol. When people drove to a gas
station, they saw what a gallon of gasoline would cost and what an
equivalent amount of ethanol would cost and could decide which was
better for them. I want Americans to make the same choices. If they can
do it in Brazil, we can do it here. We can educate people on using
alternative fuels and let consumers decide what is best for them.
Expanding the role these energy sources play in our transportation
economy will help break the leverage over Americans held by foreign
government-controlled oil companies and will increase our Nation's
domestic security and protect consumers from price spikes and shortages
in the world oil markets.
I have introduced a bill, along with the gentlewoman from Florida,
that would also take a major step in this direction, and I think this
policy is something that we need to move. So I ask that everyone
support the Engel amendment.
I yield back the balance of my time.
[[Page H4346]]
{time} 1900
Mr. FRELINGHUYSEN. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. I'm pleased to accept the amendment from my friend
from New York State and his annual advocacy on behalf of this cause.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Engel).
The amendment was agreed to.
Amendment Offered by Mr. Garcia
Mr. GARCIA. Madam Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. The amounts otherwise provided by this Act are
revised by reducing the amount made available for ``Corps of
Engineers-Civil--Expenses'', and by increasing the amount
made available for ``Corps of Engineers-Civil--
Construction'', by $1,000,000.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. GARCIA. Madam Chairman, my amendment seeks to increase funding to
the Army Corps of Engineers' Civil Works Construction account by $1
million to support flood and storm damage reduction efforts. With
hurricane season underway, it is important that we support the Corps'
critical efforts in this area.
In H.R. 2609, Chairman Frelinghuysen has provided the Corps of
Engineers with $1.3 billion for projects that can mitigate natural
disasters, including hurricanes, storms, and floods.
Having lived through Hurricane Sandy, I know the chairman is well
aware of the value of these investments, and I would like to thank the
chairman and the committee for their efforts on our behalf.
By providing this additional funding for the Corps to conduct
important activities, my amendment demonstrates a commitment to
addressing the threat of severe weather events and flooding. The Corps
has undertaken a number of important flood projects throughout the
country, and we must continue to provide the funding we need to support
these efforts.
Again, I appreciate the efforts of the chairman and his committee's
work in crafting this bill and supporting the Corps' important work,
and I urge my colleagues to support this amendment.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. I'm pleased to support the amendment. And let me
thank the gentleman from Florida for his advocacy for his own
congressional district and his State, and I commend him.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Garcia).
The amendment was agreed to.
Amendment Offered by Mr. Fleming
Mr. FLEMING. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to pay the salary of any officer or employee to carry
out section 301 of the Hoover Power Plant Act of 1984 (42
U.S.C. 16421a; added by section 402 of the American Recovery
and Reinvestment Act of 2009 (P.L. 111-5)).
The Acting CHAIR. The gentleman from Louisiana is recognized for 5
minutes.
Mr. FLEMING. Madam Chairman, I rise today to offer an amendment that
would stop a loan program created by the infamous 2009 stimulus bill.
As I and many others have pointed out when the bill was passed, the
stimulus, which was billed as funding shovel-ready programs, actually
became a vehicle to bake in higher levels of spending and new
government programs. As with other government loan programs, we've all
too often seen abuses in mismanagement, and this program is no
exception.
The elimination of the Western Area Power Administration's green
transmission borrowing authority was recommended in the report to this
year's House budget; and so if you voted for the budget, I would urge
you to support this amendment as well.
I also want to thank my colleagues, Mr. McClintock and Chairman
Hastings, for their work in the offering and marking up of a bill last
year to repeal this program.
As the budget report notes:
The $3.25 billion borrowing authority in the Western Area
Power Administration's Transmission Infrastructure Program
provides loans to develop new transmission systems aimed
solely at integrating renewable energy.
This authority was inserted into the stimulus bill without
opportunity for debate. Of most concern, the authority includes a
bailout provision that would require American taxpayers to pay
outstanding balances on projects that private developers failed to pay.
This bailout provision is particularly problematic because, in
November 2011, the Department of Energy inspector general issued a
lengthy management alert on this stimulus borrowing authority. To quote
from that report:
Because of a variety of problems, the project is estimated
to be 2 years behind schedule and $70 million over budget,
essentially out of funds, and currently at a standstill, with
no progress being made. Western had not completed a formal
root-cause analysis and corrective action plan designed to
ensure more effective program safeguards are in place going
forward. Because Western has committed $25 million in
developmental funding to a potential $3 billion project that
would ultimately require an investment of $1.5 billion in
Recovery Act borrowing authority, we are issuing this report
as a management alert.
Madam Chairman, this IG report speaks for itself, and I urge my
colleagues to support the repeal of this failed stimulus program.
I yield back the balance of my time.
Ms. KAPTUR. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. I rise in strong opposition to the gentleman's amendment.
I'm not quite sure why he's doing this, but, you know, the American
Recovery and Reinvestment Act provided $3.25 billion in borrowing
authority to modernize the electricity grid.
I believe your amendment focuses on WAPA, the Western Area Power
marketing authority, solely; is that correct, sir?
Mr. FLEMING. Will the gentlewoman yield?
Ms. KAPTUR. I yield to the gentleman from Louisiana.
Mr. FLEMING. That is correct.
Ms. KAPTUR. I thank you very much.
Now, I don't live out there. I'm from a part of the country that
doesn't have one of these, but most of America is covered by power
marketing authorities. If you really look at California, if you look at
the TVA, regions of the country that have these borrowing authorities,
and the way they work is that the ratepayers then pay back, over time,
the costs of that investment.
We have to invest and modernize our grid. That part of the country is
growing, and, frankly, they have been returning dollars at a fairly
steady rate. I looked at those figures about a year ago.
And with the increase in renewables in the West, there's also a need
to alter the grid and its ability to accept new forms of power. That
part of the country is growing. The population is just exploding out
there. And so, therefore, we're going to have a greater use of power
and more of a need to put it on to the system.
So I don't see why the gentleman who comes from Louisiana--now, I
know you've got a lot of oil drilling down there in the gulf and a lot
of us have voted for that, but I don't really understand the purpose of
the gentleman's amendment.
Mr. FLEMING. Will the gentlewoman yield?
Ms. KAPTUR. I'm happy to yield to the gentleman from Louisiana.
Mr. FLEMING. These companies, they certainly are welcome to borrow
money and invest it themselves. This puts the taxpayer on the hook, and
they're not delivering on these loans. They're well behind. And
eventually, the taxpayers, as in so many cases from the stimulus bill,
are going to be picking up the tab.
[[Page H4347]]
If it's so valuable and it returns investment over time, then fine;
let them use their own capital.
Ms. KAPTUR. I hear what the gentleman is saying, but they actually do
pay it back through usage. Just like you pay a utility bill and it goes
back to the company, essentially WAPA is a company, and it borrows and
then it pays back. And so these funds are going to be paid back over
time.
I wish I had one in my area. I think it would really help us out a
lot.
But I have to oppose the gentleman's amendment. I think it would be
very counterproductive to hurt any part of our country and their power
grid system, their ability to modernize their power grid system.
The gentleman has, I think, Southeast Power marketing authority. I
don't know if that covers Louisiana or not. But different parts of the
country have different systems that are in place, and I wouldn't want
to take away the West's ability to power themselves and to do so in a
very cost-effective manner.
Mr. FLEMING. Will the gentlewoman yield?
Ms. KAPTUR. I yield to the gentleman from Louisiana.
Mr. FLEMING. And again, I would just have to say, there's a dynamic
to money. And yes, some of it may be paid back. But at the end of the
day, if the money is not fully paid back, or paid back at the
appropriate rate and the taxpayers have to make up the difference, then
I would say that certainly in the private sector that wouldn't work
out.
And I think that we should hold government, nongovernment, all those
who handle money, and particularly taxpayer money, we need to hold them
to the same standard. And they're not delivering on that return of
investment.
Ms. KAPTUR. Well, I would beg to disagree. Reclaiming my time, I'm
glad the gentleman stated that, but I think that you will hear strongly
from them that they, in fact, are paying back, and they have a good
rate of repayment.
I remember our former colleague, Norm Dicks, if I said anything
against WAPA, boy, I'd be in big trouble because they do have a very
good rate of repayment back. And, in fact, they have returned money
consistently and paid back their original loan. So I think that they're
free-floating now, and I think they have a very, very good record.
So I would oppose the gentleman's amendment very strongly in support
of our colleagues in the West and their need for power and modernizing
their electricity grid. And I urge my colleagues to vote against the
gentleman's amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Fleming).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FLEMING. Madam 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 Louisiana
will be postponed.
Amendment No. 28 Offered by Mr. Garamendi
Mr. GARAMENDI. Madam Chair, 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 bill (before the short title), insert the
following:
Sec. __. The amounts otherwise provided by this Act are
revised by reducing the amount made available for ``Atomic
Energy Defense Activities--National Nuclear Security
Administration--Weapons Activities'', and increasing the
amount made available for ``Corps of Engineers-Civil--
Construction'', by $100,000,000.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. GARAMENDI. Madam Chair, I want to commend the staff, the Chair,
the ranking member, and all of those who have worked so hard over the
last couple of days to get this bill processed and to deal with all the
amendments. It's been an arduous task and one that has created, I am
told, far more amendments than have ever been presented on any such
appropriation bill in the past.
And there's a reason for that. The reason is that this appropriation
bill is a direct result of the, what we fondly call--or not so fondly
call--the Ryan Republican budget. This is really the first opportunity
that America has to see the effects of a very austere budget, one that
really decimates programs all across America, programs that are of
great value and great utility.
This particular subcommittee was presented with the mark, that is,
the amount of money that it had available to it as a result of that
budget that was passed by the majority in this House. Now, that
budget's not law. There has been no conference committee. In fact, the
majority in this House has refused to set up a conference committee,
that is, to put in names for that conference committee. So this is
really a one-House budget that is being carried out here with this
legislation.
It is a remarkable and an extraordinarily important moment in which
the American public has a chance to see exactly what austerity, as
presented to us by the majority, means. It means that those research
programs that allow America the opportunity to advance its energy
programs, to take control of the energy programs of the future, the
renewable energy programs, the nuclear energy programs, and on and on,
those opportunities are lost.
{time} 1915
I know the committee was faced with a very stringent budget, an
austerity budget. They made decisions that are, in my view,
extraordinarily detrimental to America. Specifically, the committee--
the majority, that is--made a decision to take the money that was
available and remove it from those programs that are the energy future
of this Nation--wind, solar, conservation, biofuels, automobiles that
are efficient, houses that are efficient, programs that are absolutely
crucial to this Nation's future and to the world's future because they
deal specifically with climate change--and move money from those
programs to the Nuclear Weapons program and to programs that are not
needed.
Consider for a moment that the United States has over 5,500 nuclear
bombs, which are sufficient to end life on this planet. It's over if
those were to be used. And the military says we don't need them. These
are programs that are inefficient, ineffective, and are the sinkholes
of American taxpayers' money. The majority decided to move the money
there. Okay. Who are we going to use those things on? We can't. We
don't need them for deterrence. But yet that's where the money goes.
Not only does the money come from those energy programs that we
absolutely need for our future and for our economy's future, the money
comes from programs that are absolutely essential for the well-being of
Americans today and tomorrow.
The Army Corps of Engineers protects our citizens with its levees and
with its flood control projects. We've heard this over and over again
for the last 2 days. And yet the majority continues to insist to spend
the money on these nuclear weapons, not on those things that are
essential for today's life and essential for the well-being of people
now, as the storm season arrives here on the east coast with
hurricanes, in the Gulf States with hurricanes, and in my State of
California, in my district, where I have more than 1,500 miles of
levees. People are at risk.
This amendment would take $100 million from these weapons systems and
put that money directly into the Army Corps of Engineers Construction
account so that the Army Corps of Engineers can protect our citizens
today.
I ask for an ``aye'' vote on this amendment.
Mr. FRELINGHUYSEN. I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Madam Chair, I rise to oppose the amendment. We've
gone over this ground several times so I'll be brief.
All of us here strongly support investments in the Corps' work and
their projects, particularly those projects with the greatest benefit
to public safety and the economy, namely flood control and navigation.
But this amendment proposes to pay for additional Corps construction by
diverting funds needed for our nuclear weapons stockpile for national
security. And that is the most critical priority in our bill.
[[Page H4348]]
And so I strongly oppose the amendment. His amendment is unacceptable
because it is an issue of national security, and I yield back the
balance of my time.
Mr. MURPHY of Florida. I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. MURPHY of Florida. Madam Chair, I rise today to voice my support
for vital funding for important Army Corps of Engineers' projects
across the Palm Beach-Treasure Coast district that I proudly represent.
This bill includes funding for the critically important Indian River
Lagoon C-44 project, which will greatly improve the water quality in my
district. For those of you unfamiliar with this local treasure, it is
the most diverse estuary in North America, many of its species already
threatened or endangered. But due to extreme pollution, local officials
have issued health warnings advising residents to not contact this
waterway. Tragically, it has also witnessed a major die-off of its
population of manatees, dolphins, pelicans, and other crucial species.
Completion of this project is essential to protecting this vital
ecosystem as well as improving the water quality throughout the region.
The C-44 project is part of broader Everglades restoration efforts
that the Army Corps is tasked with, which will protect this unique and
important habitat. Furthermore, the Everglades provide drinking water
for one in three Floridians, and restoration efforts also have a 3-to-1
return on investment in the local economy. Completion of the overall
Comprehensive Everglades Restoration Project will shore up Florida's
access to clean drinking water and improve the local environment and
economy.
Locally, Everglades restoration is part of the solution to the
harmful discharges that are currently being released from Lake
Okeechobee into the St. Lucie River on the Treasure Coast. By returning
water flows south of the lake and improving water quality in the area
through projects such as C-44, we can mitigate the effects these
harmful discharges from the lake continue to have on our local
waterways year after year, devastating the environment and the economy.
Furthermore, the Army Corps is responsible for repairing the Herbert
Hoover Dike, which surrounds Lake Okeechobee and is listed as one of
the most at-risk of failure in the Nation. This project keeps local
residents safe from devastating flooding that could occur if the dike
were to fail. The Army Corps has already been struggling to meet its
obligations on this and other projects, which is why we must continue
to provide funding or risk further delaying these important ongoing
jobs.
In addition to the important Indian River Lagoon, Lake Okeechobee,
and Herbert Hoover Dike projects this bill supports, it also provides
important funding for inlet dredging projects. Being able to access and
safely navigate our local waterways and ports is essential for public
safety and our economy. The same can be said for those shore
restoration programs that this bill also funds, returning our local
beaches to their pre-storm conditions after extreme weather events such
as Hurricane Sandy.
If you speak with any of my constituents, they'll tell you that all
of these projects are vital to their daily way of life and to the
health of the local population as well as the economy. We must provide
certainty and continue the Corps' funding or risk devastating their
progress on these important projects. Jeopardizing funding for these
ongoing projects would only further aggravate the serious problem of
toxic discharges in my district, prevent progress on essential water
quality restoration projects, and have an overall negative impact on
our local environment and, in turn, our local economy. To me, that's
simply not an option.
Madam Chair, we have the obligation to provide adequate resources for
programs that protect public safety, water quality, and our
environment, such as these. I urge my colleagues to join me in
supporting the underlying legislation to continue to fund these
projects that are critical to the well-being of the Treasure Coast and
Palm Beaches.
I yield back the balance of my time.
Mr. RAHALL. Madam Chair, I rise in opposition to this amendment that
would eliminate funding for the vitally important Appalachian Regional
Commission (ARC).
The ARC was established in 1965 to focus on the profound economic
needs of the Appalachia Region. It was designed to provide the kinds of
basic investment that would assist in strengthening rural communities
long-overlooked by the government and ensure that hard-working, loyal
citizens could successfully build their communities and their careers
and contribute fully to the well-being of the Nation.
Since its establishment, the ARC has had measurable success in
addressing the needs of Appalachian families and communities and its
good works have improved the outlook for the entire region.
The ARC operates in partnership with State and local governments to
help make the best, most strategically effective use of Federal
investments, and, in the process, leverages private investments to help
create well-paying jobs and lasting improvements to local economies. In
Fiscal Year 2012 alone, ARC invested approximately $66 million in
projects that leveraged over $267 million in private-sector investment,
a 4 to 1 ratio, and helped to create or retain over 20,000 jobs.
In my State, Appalachian Regional Commission investment has meant
that thousands of children could turn on the water faucet and drink
safe water. It has spurred the creation of small businesses and
provided needed funding that enabled rural towns to build basic
infrastructure essential to attract new economic opportunities. It has
enabled working men and women to receive training and find nearby jobs
to rear their families, rather than having to rely on government
assistance or leave their homes and the State they love simply to earn
a living.
It is said that a chain is only as strong as its weakest link.
Cutting a program with proven success at cost-effectively creating jobs
and improving the economy of an entire region at this time is
senseless. I urge the House to recognize the immense value of fully
funding the ARC as a key component to achieving renewed economic
strength throughout our Nation and to vote against this amendment.
Mr. SANFORD. Madam Chair, I rise today in support of this amendment
to eliminate five regional commissions that waste taxpayer dollars.
These programs were initially formed with the mandate to improve the
lives of those who live in impoverished areas. However, they have
instead veered from this mandate by routinely allocating funds to
projects that not only fall under state and local responsibilities, but
also projects that benefit only those who live in more economically
developed areas.
For example, the Northern Border Regional Commission has granted:
$250,000 to construct a tower to improve cell phone coverage in New
Hampshire, $250,000 to construct a 93-mile, four-season, multi-use
trail across northern Vermont and $160,000 to promote and raise
awareness of the maple syrup industry in New York.
These examples of government waste are not just confined to the
Northern Border Regional Commission. A similar organization called the
Delta Regional Commission, which spans from Mississippi to Southern
Illinois, granted: $150,000 to build a tornado safe room in a Missouri
hospital and $47,000 for updating a sprinkler system at a business
incubator in Illinois. While there may be a need for these projects,
they do not fall under the original mandate of these commissions. I
believe that for government programs to be effective, they must be
focused.
The problem is that these projects do not help those that the
regional commissions were originally created for--Americans living
below the poverty line. The Obama administration, along with the
Government Accountability Office, has identified these programs as
wasteful and duplicative while possessing no track record of success.
Madam Chair, eliminating these programs will save American taxpayers
$90 million and work towards reducing the national debt by targeting
wasteful spending.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Garamendi).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GARAMENDI. Madam Chair, 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 California
will be postponed.
Amendment Offered by Mr. Luetkemeyer
Mr. LUETKEMEYER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill, before the short title, insert the
following:
Sec. __. None the funds made available by this Act may be
used for the study of the
[[Page H4349]]
Missouri River Projects authorized in section 108 of the
Energy and Water Development and Related Agencies
Appropriations Act, 2009 (division C of Public Law 111-8).
The Acting CHAIR. The gentleman from Missouri is recognized for 5
minutes.
Mr. LUETKEMEYER. The Missouri and Mississippi River basins have faced
major challenges over the past few years due to both extreme flooding
and droughts. This devastation, combined with the sluggish economy and
our aging inland waterways infrastructure, means that now more than
ever we must be focused and responsible with taxpayer-funded river
projects.
My amendment would prohibit funding for the Missouri River Authorized
Purposes Study, also known as MRAPS. This $25 million earmarked study
comes on the heels of a comprehensive $35 million, 17-year study that
showed that the current authorized purposes are important and should be
maintained.
This Congress and this administration need to focus on protecting
human life and property by maintaining the safety and soundness of our
levees. We also must support the important commercial advantages
provided to us for our inland waterway system.
The Missouri River moves goods to the market and is an important tool
in both domestic and international trade. That's why American Waterways
Operators, the Coalition to Protect the Missouri River, the Missouri
Farm Bureau, and the Missouri Corn Growers Group support this
amendment.
This study puts in jeopardy not only the lower Missouri River but
also the flow of the Mississippi River, which could create devastating
consequences for navigation and transportation, resulting in barriers
for waterway operators, agriculture, and every product that depends on
the Missouri and the Mississippi Rivers to get it to market.
The current authorized uses of the Missouri River provide necessary
recourses and translate into continued economic stability not only for
Missourians, but also for many Americans living throughout the Missouri
and lower Mississippi River basins. This study is duplicative and
wasteful of taxpayers' dollars. On this exact issue we've already spent
17 years and $35 million on hundreds of public meetings and expensive
litigation.
I offered identical language during our first debate on the fiscal
year 2011 continuing resolution. That amendment passed by a vote of
245-176. In the fiscal year debates of 2012 and 2013, the exact
amendment respectively passed by voice vote and by a vote of 242-168,
and was later signed into law by President Obama. I appreciate my
colleagues who offered their support and hope to have their support
again.
Madam Chair, there's no doubt in my mind that water resources receive
too little funding. It is time for the Federal Government to refocus
and reprioritize to create safer, more efficient infrastructure for our
inland waterways and stop spending hard-earned taxpayer dollars
unnecessarily.
I ask my colleagues to support this amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Missouri (Mr. Luetkemeyer).
The amendment was agreed to.
Mr. HIMES. Madam Chair, I move to strike the last word.
The CHAIR. The gentleman from Connecticut is recognized for 5
minutes.
Mr. HIMES. I rise briefly to engage the chairman and the ranking
member in a colloquy.
First, I would like to thank Chairman Frelinghuysen and Ranking
Member Kaptur for their work on this bill and in particular for their
willingness to hear my concerns regarding the needs of U.S. Army Corps
of Engineers. I think I speak for all of us when I say that a well-
funded Army Corps means good jobs and important infrastructure
improvements in the regions helped by their projects. Of particular
interest to me is the special role that the Army Corps plays in
mitigating the impact of floods caused by an increasing number of
severe weather events in our communities.
I know that I'm not the only Member in this room whose district was
ravaged by Superstorm Sandy as it swept up the east coast last year.
Chairman Frelinghuysen's district in New Jersey was also severely
affected by the storm. And Sandy is just one example of the magnitude
of damage our cities and towns suffer year after year when they are not
adequately prepared. With limited resources available after a storm
like Sandy, flood mitigation efforts have become more important than
ever. An ounce of prevention is, as they say, worth a pound of cure.
Madam Chairman, back in 2010, I was able to secure an authorization
for the Army Corps of Engineers to conduct flood mitigation studies in
my area--studies that would culminate in important recommendations for
preventing future flood damage in Fairfield County like that which
occurred during Sandy, Irene, and countless other storms in recent
years. Unfortunately, with the current backlog at the Corps, it is
unlikely that these studies or any other so-called New Start projects
will receive the funding they need to move forward as promised and
needed years ago.
I know there are dozens, if not hundreds, of projects waiting for
Army Corps funding, and I have no delusion that my district is more
deserving than others of this funding. But perhaps it is time to
reevaluate the necessity of these older projects, re-prioritizing the
projects that are still necessary and those that are most urgent. We
must find a way to begin new projects and ensure our cities and towns
are prepared for the next big storm.
I would ask the chairman and ranking member whether this ban on New
Start projects is something that merits further consideration, and I
yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Himes of Connecticut makes a good point about
the importance of making infrastructure investments before major
disasters can occur. I share his concerns about the backlog of Army
Corps of Engineers projects, particularly in the backdrop of
communities throughout the New England and the Mid-Atlantic area that
continue to rebuild after one of the worst storms in our Nation's
history.
I want to assure the gentleman that the committee's position on New
Starts is reconsidered each and every year. We take a look at the
funding requirements of ongoing studies and projects, new studies and
projects, and overall funding levels for certain accounts.
I commend the gentleman for his attention to this issue. I look
forward to working with him to address these new needs at the earliest
appropriate time, and I yield back to the gentleman.
{time} 1930
Mr. HIMES. I look forward to working with the chairman as well.
I yield now to the ranking member, the gentlelady from Ohio (Ms.
Kaptur).
Ms. KAPTUR. Madam Chair, I join Chairman Frelinghuysen and
Representative Himes in emphasizing the importance of the Army Corps of
Engineers projects.
The Army Corps of Engineers has an important presence in the Great
Lakes region, operating an electrified barrier in the Chicago Area
Waterway System to keep the invasive Asian carp from entering the Great
Lakes and devastating the fishing industry and ecosystem of one-fifth
of the world's freshwater. So I appreciate the gentleman from
Connecticut for acknowledging the importance of Corps projects beyond
the eastern seaboard.
I agree that the backlog of Army Corps projects is preventing the
Corps from taking on new projects in a time-effective manner, which is
particularly problematic as we approach hurricane season once again. I
look forward to working with Mr. Himes in deciding how we can ensure
new projects get the funding they need while also honoring those worthy
projects that have been waiting for some time now.
Mr. HIMES. I thank the ranking member and look forward to working
with her on this as well, and yield back the balance of my time.
Amendment Offered by Mr. Luetkemeyer
Mr. LUETKEMEYER. Madam Chair, I have an amendment at the dais.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill, before the short title, insert the
following:
Sec. ___. None of the funds made available in this Act may
be used to continue the
[[Page H4350]]
study conducted by the Army Corps of Engineers pursuant to
section 5018(a)(1) of the Water Resources Development Act of
2007.
The Acting CHAIR. The gentleman from Missouri is recognized for 5
minutes.
Mr. LUETKEMEYER. Madam Chair, from extreme flooding to extreme
drought, the United States has been hit very hard over the past few
years. The families who live and work along the Missouri River have
endured great hardship.
Though it's one of our Nation's greatest resources, the Missouri
River would produce extreme, erosive regular flooding and be mostly
unfit for navigation if not for aggressive, long-term management by the
Army Corps of Engineers.
Congress first authorized the Missouri River Bank Stabilization and
Navigation Project (BSNP) in 1912 with the intention of mitigating
flood risk and maintaining a navigable channel from Sioux City, Iowa,
to the mouth of the river in St. Louis. Though the BSNP's construction
was completed in the 1980s, the Corps' ability to make adjustments as
needed remains crucial to this day.
President Obama, in his fiscal year budget of 2014, requested $72
million for the Missouri River Recovery Program, which would primarily
go towards the funding of environmental restoration studies and
projects. This funding dwarfs the insufficient $8.4 million that was
requested for the entire operations and maintenance of the
aforementioned BSNP. It is preposterous to think that environmental
projects are more important than the protection of human life.
I do not take for granted the importance of river ecosystems. I grew
up near the Missouri River, as did many of my constituents. Yet we have
reached a point in our Nation where we value the welfare of fish and
birds more than the welfare of our fellow human beings. Our priorities
are backwards, Madam Chair.
My amendment will eliminate the Missouri River Ecosystem Recovery
Program, MRERP, a study that has become little more than a tool by some
for the promotion of returning the river to its most natural state with
little regard for flood control, navigation, trade, power generation,
or the people who depend on the Missouri River for their livelihoods.
The end of the study will in no way jeopardize the Corps' ability to
meet the requirements of the Endangered Species Act. MRERP is one of no
fewer than 70 environmental and ecological studies focused on the
Missouri River. The people who have had to foot the bill for these
studies--many of which take years to complete and are ultimately
inconclusive--are the very people who have lost their farms, their
businesses, and their homes.
Our vote today will also show our constituents that this Congress is
aware of the gross disparity between the funding for environmental
efforts and the funding for the protection of our citizens. During the
debate on fiscal year 2012 and 2013 appropriations, the House passed
this exact language, which was ultimately signed into law by President
Obama. It is supported by the American Waterways Operators, the
Coalition to Protect the Missouri River, the Missouri Farm Bureau, and
the Missouri Corn Growers Association.
It is time for Congress to take a serious look at water development
funding priorities, and it is time to send a message to the Federal
entities that manage our waterways. I urge my colleagues to support
this amendment and to support our Nation's river communities and
encourage more balance in Federal funding for water infrastructure and
management.
Madam Chair, I yield back the balance of my time.
Ms. KAPTUR. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. I rise to express my opposition to the gentleman's
amendment and my support for a river system that works.
The Water Resources Development Act of 2007--which was passed with
such bipartisan support that it overcame a Presidential veto--
authorized the Corps to undertake the Missouri River Ecosystem
Restoration Plan and develop the Missouri River Recovery Implementation
Committee to consult on the study. This authority provided a venue for
collaboration between a 70-member stakeholder group of tribes, States,
stakeholder groups, and Federal agencies to develop a shared vision and
comprehensive plan for the restoration of the Missouri River ecosystem.
By prohibiting the Corps from expending any 2013 funds on a study and
a committee, we continue the delay that started with the same
shortsighted amendment that was adopted last year, sadly. This will
lead to further erosion of trust in the delicate partnerships in the
basin.
While the Corps will continue to comply with the endangered species
requirements through other activities, I believe there is a role for a
long-term plan for the basin. We face the same sort of issue in my part
of the country where we have rivers and lakes that carry commercial
trade, but we also have an ecosystem that we are a part of. And we are
learning, as a world, how to deal with the natural systems of which we
are all a part.
So I think what's been incredible with the Missouri River System is
to see some of the flooding that has been prevented because of the
Corps' work for a century now. I think all the American people support
efforts to try to contain the power of that river at times when it
could flood communities and harm both the people and our developed
environment.
But I don't really support the gentleman's amendment because I do
think there is a role for the ecosystem to be contemplated when long-
term planning is done. With what's happening with rainfall, what's
happening with population explosion and so forth, it's more incumbent
upon us to work together and try to figure out how to work through
those partnerships.
So, sadly, I oppose the amendment, and I encourage my colleagues to
do so.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Missouri (Mr. Luetkemeyer).
The amendment was agreed to.
Mr. BEN RAY LUJAN of New Mexico. Madam Chair, I move to strike the
last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BEN RAY LUJAN of New Mexico. Madam Chair, I rise to engage in a
colloquy with the chairman and ranking member on the Laboratory
Directed Research and Development program at the National Nuclear
Security Administration.
The Laboratory Directed Research and Development, LDRD, program at
the National Nuclear Security Administration's national laboratories
has, over the past two decades, made it possible for these labs to
develop capabilities that have been critical to meeting the future
mission needs via high-risk, high-payoff R&D. For example, at Los
Alamos National Laboratory in my district, LDRD has supported a key
technology that is now being applied toward the detection of nuclear
and radiological threats and is a winner of this year's R&D 100 awards.
LDRD is also very important to recruiting and retaining top
scientists and engineers. At Los Alamos, LDRD supports about one-half
of the post-docs who have gone on to become the lab's permanent
employees and is one of the key and leading sources of new lab
employees.
The funding for the program is derived through a certain percentage
of each lab's operating budget. Currently, that percentage is limited
to not more than 8 percent. The bill we are considering today would
lower that to be not more than 4.5 percent. I am very concerned that
such a low level could harm the national labs' ability to meet future
mission needs and ask the chairman and ranking member to work with us
in making sure that the levels allowed for LDRD do not adversely impact
the national security capabilities of the labs.
With that, Madam Chair, I would yield to the gentlelady from New
Mexico (Ms. Michelle Lujan Grisham).
Ms. MICHELLE LUJAN GRISHAM of New Mexico. I thank the gentleman from
New Mexico.
Madam Chair, America is facing security, economic, and environmental
challenges that are unparalleled in our history. Our national
laboratories have
[[Page H4351]]
a unique set of assets we can leverage to meet these challenges.
Projects financed by LDRD have allowed the National Nuclear Security
Agency to rapidly respond to unforeseen national security needs. In
1988, Sandia National Labs, located in my district, made a breakthrough
in parallel computing that resulted in the ability to compute extremely
complicated numerical simulations to ensure the safety and reliability
of our nuclear weapons stockpile without the need for nuclear tests. As
a result, we have not tested a nuclear weapon since 1993.
The benefits of parallel processing supercomputers have also improved
the competitiveness of U.S. industries in the global economy. They were
used to map the human genome, develop new drugs, and shorten the
development time of products by finding mistakes before they end up in
prototypes.
Parallel processing supercomputers have also greatly increased our
understanding of atmospheric changes through global atmospheric
circulation simulation. These advancements have helped provide an
understanding of the climate that cannot be determined by theory or by
other experiments.
LDRD investments have been historically important in advancing the
state of high-performance computing. Ongoing LDRD investments are
enabling next-generation computing hardware and software approaches
that will eventually lead to much better performance.
I am confident that we can work with the chairman and the ranking
member to fund LDRD at levels that will maintain our vital national
security assets, and I thank them for their willingness to work with us
on this issue.
Mr. BEN RAY LUJAN of New Mexico. Madam Chair, I yield to the
chairman, the gentleman from New Jersey (Mr. Frelinghuysen).
Mr. FRELINGHUYSEN. I appreciate my colleagues from New Mexico raising
their concern for the long-term vitality of the National Nuclear
Security Administration's laboratories.
I look forward to working with both of you to make sure that the
levels allowed for the Laboratory Directed Research and Development, or
the LDRD, program do not adversely impact the national security
capability of these remarkable laboratories.
Mr. BEN RAY LUJAN of New Mexico. Madam Chair, I yield to the
gentlelady from Ohio (Ms. Kaptur), the ranking member.
Ms. KAPTUR. I thank the gentleman.
LDRD is an important program for the labs to recruit and retain the
top talent that is needed to accomplish their mission. I join the chair
in agreeing to work with our colleagues so that the national security
capabilities of the labs are not adversely impacted by the levels
allowed for LDRD.
Mr. BEN RAY LUJAN of New Mexico. Madam Chair, I thank the chairman
and the ranking member for their service and for agreeing to work with
us on this important issue.
I yield back the balance of my time.
Amendment Offered by Mrs. Noem
Mrs. NOEM. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill, before the short title, insert the
following:
Sec. ____. None of the funds made available in this Act
may be used to issue rules or regulations to establish a fee
for surplus water from Missouri River reservoirs.
The Acting CHAIR. The gentlewoman from South Dakota is recognized for
5 minutes.
Mrs. NOEM. Madam Chair, this amendment is quite simple. It would
block the Corps of Engineers from issuing rules or regulations that
would charge a fee for surplus water on the Missouri River.
I offer this amendment to stop an overreach by the Corps of Engineers
in its attempt to charge constituents in South Dakota, North Dakota,
and Montana for what is legally theirs--water from the Missouri River.
The States of South and North Dakota sacrificed hundreds of thousands
of acres of prime farmland during the creation of the dams on the
Missouri; but in doing so, they did not give up the right to their own
water from the river. The Flood Control Act that created the dams and
reservoirs specifically said:
It is hereby declared to be the policy of the Congress to
recognize the interests and rights of States in determining
the development of watersheds within their borders and
likewise their interests and rights in water utilization and
control.
Madam Chair, I don't believe congressional intent could be any
clearer in this instance. Rural water systems, businesses and tribes up
and down the Missouri River rely on it for water and have been pulling
water from the river for nearly 60 years without a fee.
Let us not forget that 2 years ago at this time residents up and down
the Missouri were suffering one of the greatest floods that the river
has ever seen. Many are still working to get back to the way things
were, to the extent that it's even ever going to be possible. Now the
Corps has brought forth this proposal that violates long-held
historical and legal precedents to charge us for water that belongs to
us.
I want to thank the chairman for being a leader on this bill that we
have on the floor today and for the opportunity to talk about this
amendment that is so important to the people in South Dakota, North
Dakota, and Montana. I urge my colleagues to stop the Corps from
overreaching and ask them to support my amendment.
I yield back the balance of my time.
{time} 1945
Mr. CRAMER. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from North Dakota is recognized for 5
minutes.
Mr. CRAMER. Madam Chair, I rise in support of this important
amendment. One wouldn't think that the Congress of the United States
should have to pass amendments on appropriations bills to ensure that
the Constitution is upheld by the bureaucracy or that long-held
promises made by the Federal Government are kept.
That's exactly what this amendment does. Not only will it ensure that
the Corps of Engineers no longer engages in charging the States of
North Dakota, South Dakota, Montana and its citizens and the sovereign
tribes along the Missouri River for the water that is rightfully
theirs, but it also frees up the Corps to engage in more productive
activities that we've heard a lot about tonight.
I am proud to be a sponsor and proud to stand here and support this
important amendment, and urge my colleagues to do the same.
I yield back the balance of my time.
Ms. KAPTUR. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Madam Chair, I rise in opposition to this amendment.
I am actually very familiar with the effect of rising water costs on
a community. In my own hometown in Ohio, water costs will increase by
56.5 percent over the next 5 years, with the average ratepayers bill
increasing from $125 to $300 per year. Such a large increase takes a
significant toll on hard-pressed families, especially on seniors living
on fixed incomes. This is being done in order to construct major water
facilities that are seriously out of date and in need of replacement.
The amendment being offered here tonight must be viewed, I think, in
terms of equity. Currently, the vast majority of local communities
benefiting from water supply from Corps of Engineers projects are
charged fees for storage.
The Corps is working to review the current policy case by case in
favor of a more consistent policy across the country. My community
receives nothing from the Corps in the way of water storage or
capacity. The region in question has already benefited from cost-free
water storage over several years. It seems to be unfair to provide
special treatment to one specific region, or create an exception for
one region, from a nationwide policy.
Given the sharp fiscal constraints to agencies funded by this bill,
it is particularly difficult to justify such a localized subsidy
because we have pressing needs across our country and, frankly, not
sufficient funds to meet all the water needs facing our Nation.
Frankly, I think these water needs are going to be very significant as
time goes on because our population will double. It already has doubled
since the last century, and tripled. By 2050, they expect 500 million
people to be living in this country. The amount of water isn't going to
change. It's a resource
[[Page H4352]]
that just keeps replenishing. We have to treat it because we have more
people and it's going to cost more to do this.
I respectfully rise in opposition to the gentlelady's amendment, urge
my colleagues to vote ``no,'' and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from South Dakota (Mrs. Noem).
The amendment was agreed to.
Amendment Offered by Ms. Speier
Ms. SPEIER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. The amount otherwise made available by this Act
for ``Department of Energy--Energy Programs--Fossil Energy
Research and Development'' is hereby reduced by $30,000,000.
Ms. SPEIER (during the reading). Madam Chair, I ask unanimous consent
that the reading of the amendment be dispensed with.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from California?
There was no objection.
The Acting CHAIR. The gentlewoman from California is recognized for 5
minutes.
Ms. SPEIER. Madam Chair, do we suddenly have extra money lying
around, because I'm trying to figure out why we are so committed to
wasting it.
Budget challenges are forcing us to reexamine our investments. Adding
$30 million beyond the President's request to support fossil fuel
research is a foolish waste of taxpayer dollars that are better used to
invest in the future and paying off our deficit. We simply cannot
afford to spend taxpayer dollars on research the private sector can do
better, and taxpayers should not be asked to provide additional support
to an industry that consistently has record-breaking profits.
Our energy sector has some of the most promising ideas and
technologies in the world. Our energy policy, however, is horribly
outdated.
H.R. 2609 slashes research and development for renewable energy by
some 60 percent and adds additional money that the administration
neither wants nor needs to research fossil fuels and clean coal. At the
same time, it continues to spend far too much on fossil fuel R&D. In
fact, we dole out more fossil fuel subsidies than any other country--
more than $500 billion in 2011. They often go to expensive projects
with little upside.
The fact is we don't need to spend taxpayer money this way. Fossil
fuel companies are highly profitable, posting some of the highest
profits in the world, and they can shoulder their own R&D costs. This
is a clear example of duplication. Cuts to fossil fuel research are
supported by the Fiscal Commission and the fiscal watchdog groups like
Taxpayers for Common Sense. These kinds of cuts are necessary to get
back on the right fiscal path, and these are the kinds of cuts our
constituents elected us to enact.
This kind of research can, is, and should largely be funded by the
private sector, since industry has market incentives to make new
discoveries in this area. Government spending should be focused on
areas where there are emerging markets, where public funds are needed
to support basic research.
My amendment reduces our reliance on ``old energy.'' The amendment
simply strikes $30 million in R&D from fossil fuels and commits it to
deficit reduction, what we've all been clambering for, and maintains
the President's requested level of funding for this research.
Our biggest innovators succeed because they are forward thinking. Our
energy policy needs to do the same.
We need to stop funding the past at the expense of the future. It is
the fiscally responsible thing to do.
I ask that you support my amendment, and I yield back the balance of
my time.
Mr. FRELINGHUYSEN. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Madam Chair, I rise to oppose the amendment. This
amendment would cut funding, which has already been cut today, for the
Fossil Energy Research and Development program, on top of reductions
that we also took of 16 percent in our bill before we brought our bill
to the floor.
We all know that American families and businesses are struggling to
pay high gas prices. This Fossil Energy Research and Development
program holds the potential, once and for all, to prevent future high
gas prices and substantially increase our energy security. To cut it
further would be dangerous and counterproductive, so I strongly oppose
the amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Speier).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. SPEIER. Madam Chair, 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 California
will be postponed.
Mr. McKINLEY. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from West Virginia is recognized for
5 minutes.
Mr. McKINLEY. Mr. Chairman, I would like to thank you and the
committee for this piece of legislation that's before us today.
Throughout the entire bill, we can see efforts that will result in
more efficient use of taxpayer dollars. Additionally, it is encouraging
to see the emphasis on certain research accounts at the National Energy
Technology Laboratory.
It is clear that you understand the challenges that the fossil fuel
industry faces in trying to meet the excessive regulations imposed by
this administration. However, I am concerned that the $78 million cut
from current funding in this amended legislation represents a 16
percent reduction in funds and will have dire consequences for NETL's
ability to manage grants and contracts to conduct the necessary
research and development of fossil fuel energy. America depends on
fossil resources for over 80 percent of our energy needs and will
continue to do so for the foreseeable future.
As you know, the funding for this research and development has led to
horizontal gas drilling, reductions in acid rain, increases in power
plant efficiencies, and carbon capture and utilization efforts for
enhanced oil recovery.
I hope, Mr. Chairman, that you will continue to agree that, in order
for us to continue this vital research in fossil fuel energy, NETL
needs to be properly funded and that you will work with us in an effort
to try to restore the 16 percent reduction in the funding for this
account.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. McKINLEY. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Madam Chair, I want to thank my colleague from
West Virginia for his continued leadership on fossil fuel research. He
knows it firsthand. He is a strong advocate. He is a strong supporter
of NETL, of which he speaks, which is an important center for a
critical, critical purpose.
As he knows well, fossil energy provides 82 percent of our Nation's
energy needs, and research into tapping these resources as efficiently
and as cleanly as possible is vital to our energy security.
I look forward to continuing to work with him and our other
colleagues who have interest in fossil energy research through
conference to ensure this vital program has adequate resources.
Mr. McKINLEY. Mr. Chairman, thank you for those comments.
These research projects are in every State in the Nation and almost
every congressional district throughout our country. Every one of our
colleagues has a vested interest in this laboratory operating
efficiently, putting us into the next generation of power and use and
efficiency. We have appreciated your leadership and commitment to this
program.
I yield back the balance of my time.
Amendment Offered by Mr. Grayson
Mr. GRAYSON. Madam Chair, I have an amendment at the desk.
[[Page H4353]]
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. _. The amounts otherwise provided by this Act are
revised by reducing the amount made available for ``Energy
Programs--Fossil Energy Research and Development'', and
increasing the amount made available for ``Corps of
Engineers-Civil--Flood Control and Coastal Emergencies'', by
$10,000,000.
The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. GRAYSON. Chairman Frelinghuysen, thank you for the constructive
conversation that we had earlier today about this amendment. I regret
that we weren't able to come to some solution to the problem that it's
meant to address, but I appreciate your time and your sensitivity to
the needs of coastal communities.
The amendment before us would increase the Army Corps of Engineers'
Flood Control and Coastal Emergencies account by $10 million. It would
do so by moving the same amount from the Department of Energy's Fossil
Energy Research and Development account.
The Flood Control and Coastal Emergencies account provides
communities across the Nation with the funds that are necessary to
prepare for floods, hurricanes, and other natural disasters. It also
provides support for emergency operations, repairs, and other
activities in response to those disasters.
Currently, the committee has requested that we fund this important
account by only $28 million. My amendment would increase that amount by
approximately one-third. The Fossil Energy Research and Development
account does what its name implies; it conducts research pertaining to
the extraction and processing and use of mineral substances.
Unlike the Flood Control and Coastal Emergencies account, this one
will be funded at $450 million, almost $30 million above the
President's request. My amendment would simply reduce this account by
only 2 percent, while still allowing for a $20 million increase above
the President's request for that account.
We as a body have tried the sequestration approach. We have axed
accounts evenly across the board, but that's not an approach that our
constituents favor. It is incumbent upon us to make rational choices at
some point to prioritize funding for those items that are most
important to our constituents and to America.
{time} 2000
Madam Chair, this is what a rational approach looks like. Fossil
fuels don't need a subsidy. Oil is selling at over $100 a barrel. Oil
companies have more than enough profits with which to conduct their own
research. In contrast, there is no profit to be had for communities in
disaster preparation--merely self-preservation. These are the efforts
that demand our time and our attention and that demand taxpayer funds.
The cost of recovering from natural disasters is only increasing. A
rational approach to the problem is to put more effort into preparing
for them and mitigating the results.
As a Member from a State that has a tropical storm scheduled to make
landfall this weekend, I hope that this body will support not only my
amendment but the Flood Control and Coastal Emergencies account as
well.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. I rise to oppose the gentleman's amendment, but I
appreciate his persistence in trying to find an offset.
I, of course, share the gentleman's support for smart investments in
our Nation's water resources infrastructure. In fact, as I've said on a
number of occasions, the Corps of Engineers was really one of our
primary priorities in putting our bill together. The total program
level is $50 million above the budget request and almost $150 million
above the post-sequester level.
The Flood Control and Coastal Emergencies account specifically is at
the President's request. These funds will go primarily to training and
response activities. If repairs to projects are necessary due to
storms, the Corps has previously-appropriated, unobligated Flood
Control and Coastal Emergencies funds which could be used for these
purposes.
On the other hand, the bill has already reduced funding for fossil
energy by $84 million, which is a 16 percent reduction, and I believe
we took another substantial reduction earlier this evening. Research
conducted within this program ensures that we use our Nation's fossil
fuel resources as well and as cleanly as possible. We simply can't take
another reduction to this account.
For this reason and several others, I oppose the amendment, and I
urge my colleagues to do so as well.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Grayson).
The amendment was rejected.
Amendment Offered by Mr. Chabot
Mr. CHABOT. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. The amounts otherwise made available by this Act
for ``Appalachian Regional Commission'', ``Delta Regional
Authority'', ``Denali Commission'', ``Northern Border
Regional Commission'', and ``Southeast Crescent Regional
Commission'' are hereby reduced to $0.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. CHABOT. I want to thank the gentleman from South Carolina (Mr.
Sanford) for his leadership in cosponsoring this particular amendment
with me.
We introduced this amendment because, with a nearly $17 trillion
debt, the Federal Government can no longer continue to subsidize
wasteful programs and policies. The programs that this amendment would
eliminate--some of them in my own State--do little to achieve their
intended purpose of economic development. These are wasteful programs
that the GAO, the Government Accountability Office, and even the Obama
administration have found to be duplicative and possessing no track
record of success.
In his 2012 budget, President Obama eliminated Federal funding for
the Denali Commission, for example. His argument, which I agree with,
was that the Denali projects are not funded through a free market or a
merit-based system. Additionally, the White House noted that there are
29 other Federal programs capable of fulfilling this commission's
mandate. I would submit that this is also the case for a number of
other commissions--for example, the Appalachian Regional Commission,
the Delta Regional Authority, the Northern Border Regional Commission,
and the Southeast Crescent Regional Commission--for which we reduced
and eliminated the funding.
Of particular note and concern is a recent report from the Denali
Commission inspector general, which states that $100 million is missing
from the Denali Commission bank accounts. In his 2012 semiannual report
to Congress, the inspector general recounted his attempts to track down
the lost funds--unsuccessfully, I might add--and recommended that
Congress not reauthorize the commission in light of this mismanagement.
Like Citizens Against Government Waste, I seek to end the Federal
appropriations for this commission as well as for the others that I
mentioned. By reducing the appropriations to these programs, my
amendment would save $90 million for American taxpayers.
GAO analysis found numerous Federal programs that overlap and provide
similar services. In these reports, GAO found no fewer than 80 Federal
economic development programs administered by four different agencies.
Year after year we hear about the inefficiency and waste that is
occurring within these programs. This inefficiency, duplication and
overlap have cost the taxpayers hundreds of millions of dollars over
the years.
These commissions were established for one purpose: economic
development. Yet the CBO and other organizations have found no factual
evidence that these commissions have created jobs or have improved
education or health care. The inability to determine the success of
these commissions is, in part, due to their overlap with other programs
and agencies.
[[Page H4354]]
In summary, there is a tremendous amount of duplication and overlap
in each one of the programs that I mentioned, so they are better dealt
with at the State and local levels. The officials there are much closer
to these types of programs than is the Federal Government. The programs
have no track record of success in doing what they were intended to do,
which is to create economic development and job growth. It just hasn't
happened. The GAO report, as I indicated, has stated that the programs
are duplicative and that there is a tremendous amount of mismanagement.
Taxpayers are fed up with wasteful spending in Washington. It's time
we identified wasteful programs. These are truly almost the definition
of ``wasteful programs,'' and we need to cut them. I would urge my
colleagues to support this commonsense amendment.
I yield back the balance of my time.
Mr. CARTWRIGHT. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. CARTWRIGHT. I rise to oppose this amendment, this attempt by the
gentleman from Ohio to zero out the regional commissions' budgets. I
want to focus particularly on the Appalachian Regional Commission, the
ARC.
The purpose of the ARC is to close the economic gap between
Appalachia and the rest of the Nation to bring the region's 420
counties and 25 million people into the Nation's economic mainstream.
ARC's goal is to help make this region and its people contributors to
the national economy and to give them the opportunity to compete in
today's international economy.
As a region, Appalachia confronts a combination of challenges that
few other parts of the country face--its mountainous terrain and
isolation, a dispersed population, inadequate infrastructure, a lack of
financial and human resources, and a weak track record in applying for
and receiving assistance from other Federal programs. Even with ARC's
funding, in fiscal year 2010, Appalachia received 31 percent less in
Federal expenditures per capita than the rest of the Nation. That is
$11,435 in Appalachia versus $16,569 for the Nation as a whole.
ARC investments do not result in Appalachia's getting more than the
rest of the country. In addition, as mentioned by the gentleman, ARC's
programs do not duplicate other Federal programs. Instead, they extend
the reach of those programs into the most challenging parts of
Appalachia, enabling many distressed communities to take full advantage
of other Federal programs when they would not otherwise be able to.
The ARC funds are often used as a local match that enables
communities to compete successfully for these other Federal programs.
In addition, the recent recession has hit Appalachia disproportionately
hard. Nearly two-thirds of Appalachia's 420 counties have unemployment
rates greater than the national average. The recession has wiped out
all of the job gains that have occurred since the year 2000. A
comparable loss for the Nation wipes out the gains only since 2004.
Further, ARC has compiled an impressive record of accomplishments in
creating economic opportunity in Appalachia. From fiscal year 2008 to
2012, ARC directed 55 to 60 percent of its non-highway funds to
distressed counties. The number of high poverty counties has been cut
from 295 in 1960 to 98 distressed and 99 at-risk counties in 2013. The
regional poverty rate has been cut almost in half, from 31 percent to
16 percent. Infant mortality has been reduced by two-thirds, and the
rural health care infrastructure has been strengthened through the
addition of over 400 rural health care facilities. The percentage of
adults with a high school diploma has increased by over 70 percent, and
students in Appalachia now graduate from high school at nearly the same
rate as that of the rest of the Nation. More than 850,000 Appalachian
residents now have access to new or improved water and sanitation
services through ARC projects.
Madam Chair, the ARC has worked, and it has shown demonstrable
improvements in the Appalachian region, but despite these
accomplishments, major challenges still confront the region:
Nearly a fourth of Appalachia's counties still suffer from persistent
and severe economic distress; 98 counties are formally classified as
``distressed,'' and another 99 are at risk of falling into the
``distressed'' category; Appalachia trails the Nation in per capita
personal income and average earnings by roughly 20 percent; roughly 25
percent of Appalachian households are not served by a public water
system, compared to 15 percent of the rest of the Nation's households;
and 48 percent of the Appalachian households are not served by a public
sewage system, compared to the national average of 25 percent. The
region has been hit disproportionately hard by the loss of jobs in the
manufacturing industry, as the region has lost one-fourth of its
manufacturing jobs.
The ARC has been a model that has worked. For these reasons, we
oppose the amendment.
Madam Chair, I yield back the balance of my time.
Mr. NUNNELEE. I move to strike the last word.
The Acting CHAIR. The gentleman from Mississippi is recognized for 5
minutes.
Mr. NUNNELEE. Madam Chair, I rise in opposition to this amendment.
It is no secret that our Nation's budget is bleeding in red ink. This
House has approved a budget that will turn that around, and the
Appropriations Committee has brought forth bills consistent with that
budget.
I want to thank the chairman, the gentleman from New Jersey, and the
ranking member, the gentlewoman from Ohio, for their efforts in meeting
these budget targets and in eliminating wasteful programs but, at the
same time, in preserving our priorities.
This amendment specifically deletes funding for the Appalachian
Regional Commission, and I would like to address those priorities that
are addressed by that commission. This is not a wasteful program. It
has invested in infrastructure. It has changed the lives and the income
of the men and women of that region, a region that I represent. When
the Appalachian Regional Commission was formed almost five decades ago,
it included some of the poorest counties of the poorest States in the
Nation. Since then, it has achieved measurable results: the number of
people living in high poverty has been cut in half; infant mortality
has been cut by two-thirds; and students without a high school
education have decreased significantly.
{time} 2015
But the men and women of this region aren't sitting idly by, waiting
for Federal investment to show up to solve our problems. We've used the
Federal investment through the Appalachian Regional Commission and
leveraged it with local and other State investments. In the last 4
years, the Appalachian Regional Commission has invested $360 million in
that region. At the same time, over $1 billion of other public
investment has occurred. What has that done? It's attracted over $2.8
billion in private investment, which has resulted in 122,000 jobs that
have been created. This commission has made a difference.
No, it's not wasteful spending. The Appalachian Regional Commission
is making a difference in the lives of the men and women and families
in Appalachian. Because of that, I oppose this amendment.
I yield back the balance of my time.
Ms. KAPTUR. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. I rise this evening in opposition to my Buckeye State
colleague, Congressman Chabot, and I'm somewhat perplexed by this
amendment. I don't really understand why he's offering it. I have to
oppose him. If we look at the Appalachian Regional Commission, it
actually benefits Ohio. It benefits some of those river counties that
have historically been left out of the economic mainstream.
If you come to Ohio, it's rather interesting, because if you look at
the State there are the big cities of Cleveland, which I'm privileged
to represent a portion of, Columbus which is the State capitol, and
Cincinnati, where the gentleman is from. There is a story that goes
that those are the Big Three, and then there's the other part of the
State that kind of winds its way from Toledo down toward Marietta. And
the closer you get to Kentucky and Tennessee, the situation gets a
little bit rugged.
[[Page H4355]]
In fact, I had occasion to travel there this year for the sad
occasion of our former colleague Congressman Charlie Wilson's funeral.
And I remember how hard Charlie worked to try to represent his
district. In just getting to where we had to go for the ceremonies, I
was struck again by how that part of Ohio is so inaccessible, just to
try to move through the territory and get to where we were going. When
I finally got to the high school where the ceremonies were held, and as
I walked into the high school, I saw the bricks that Charlie had used
to help start a project to help promote education in his region because
there was no institution of higher learning. They had to link up to
institutions in other parts of the State.
In just driving around and looking at that part of Ohio, the road
system doesn't quite connect as it does from the other Big Three Cs.
The other portion of the State doesn't work that way.
So the Appalachian Regional Commission meets a very important need,
even though it's not a part of the State that I live in. There are very
hardworking people. Economic opportunities, especially in the hillier
parts, is more difficult to achieve. The Appalachian Regional
Commission spans several counties and several States, and it tries to
bring hope and opportunity to these regions.
A great part about our country is we're supposed to take care of one
another, and the Appalachian Regional Commission provides a mechanism
now going over several decades that has truly made a difference. But I
can guarantee you that for the parts of Ohio that are included in its
boundaries, the work is not finished. And with what's been happening in
certain sectors of the economy, in many of these hollows and many of
these nooks and crannies, life has gotten harder, not easier.
I want to say that I don't know what motivates the gentleman's
amendment this evening, but I really do think it would hurt Ohio, and
it would hurt a lot of these counties, spanning into other States that
are covered. And the other commissions that exist are not parts of
America--take the Denali Commission or the Northern Border Regional
Commission, the Delta Regional Authority--these are not areas that are
easily lifted in terms of their economic performance, and they need
help.
I urge my colleagues to oppose the gentleman's amendment. I want to
thank all those who worked with the Appalachian Regional Commission,
particularly in my own State. I know it's not always easy, and we want
to do what we can to support them.
I yield back the balance of my time.
Mr. ADERHOLT. I move to strike the last word.
The Acting CHAIR. The gentleman from Alabama is recognized for 5
minutes.
Mr. ADERHOLT. Madam Chair, I want to rise in opposition to this
amendment, as well.
As has been noted here, this was created in 1965 as the ARC, and it
has a real proven track record of success in creating economic
development in an area of the country that faces unique challenges.
Again, it creates economic development. I think that needs to be
stressed. It's not a handout, but it's a way to try to make investment
into a region of the country that really can use some economic
development encouragement, and that's exactly what this program does.
As a result of ARC funding, the regional poverty rate has been cut
almost in half. Infant mortality rates have been reduced, and job-
creating infrastructure has provided new and improved water and sewer
services to over 112,000 residents. And that's just in the last 5
years.
Despite the tremendous progress that this program has made over the
years, there's challenges that still exist. This region has lost
roughly one-fourth of its manufacturing jobs and nearly one-fourth of
Appalachia's counties still suffer from severe and persistent economic
distress.
Now is not the time to zero-out this effective program, especially
when you're focusing on economic development. Now, more than ever, we
must empower local communities and regional planning commissions to
utilize this much needed Federal assistance and provide the basic
building blocks for regional economic development.
I strongly urge my colleagues to vote ``no'' on the amendment, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Ohio (Mr. Chabot).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. CHABOT. Madam Chair, 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 Ohio will be
postponed.
Amendment Offered by Mr. Butterfield
Mr. BUTTERFIELD. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of bill, before the short title, insert the
following:
Sec. ___. It is the sense of Congress that the Army Corps
of Engineers should take into consideration and prioritize
emergency operations, repairs, mitigation activities, and
other activities in response to or in anticipation of any
flood, hurricane, or other natural disaster when evaluating
construction projects.
Mr. BUTTERFIELD (during the reading). Madam Chair, I ask unanimous
consent that the amendment be considered as read.
The Acting CHAIR. Is there objection to the request of the gentleman
from North Carolina?
There was no objection.
Mr. FRELINGHUYSEN. Madam Chair, I reserve a point of order on the
gentleman's amendment.
The Acting CHAIR. A point of order is reserved.
The gentleman from North Carolina is recognized for 5 minutes.
Mr. BUTTERFIELD. Madam Chair, I am very disappointed, to say the
least, that significant cuts are being proposed to reduce funding for
the U.S. Army Corps of Engineers. But with that in mind, I've come to
the floor this evening with an idea that I think mitigates the effects
of those cuts.
I will begin by saying that my amendment has no cost associated with
it. It simply expresses the sense of Congress that the Army Corps of
Engineers should consider and prioritize projects that mitigate the
danger of natural disasters. Eastern North Carolina is especially
vulnerable to extreme weather events, and other States have the same
vulnerability.
The Corps works to improve the safety of communities near the Neuse
River in Goldsboro, North Carolina, and in Princeville, where Hurricane
Floyd all but destroyed the town because of the rapidly rising and
poorly contained Tar River.
My amendment would give added confidence to my constituents in North
Carolina and to many of your constituents, as well, that the Federal
Government is doing everything possible to protect and reinforce
communities and neighborhood from natural disasters.
For several years, the Nation has witnessed the widespread
devastation caused by these disasters. Hurricane Sandy and Hurricane
Irene are just two examples. Communities affected by natural disasters
like those in my district face a long recovery filled with hardship and
painful dilemmas. The underlying bill we are discussing today cuts $104
million in civil projects of the Corps, and it rescinds $200 million in
previously appropriated funding.
At the same time, the Corps has a $60 million backlog of projects,
and some of my colleagues have referenced that tonight. Many of these
are in important places like my district, and many of yours, as well,
that experience frequent storms. Due to insufficient funding and a
prohibition on new construction, no new projects have been initiated by
the Corps since the year 2010.
The Corps has many important responsibilities, but none more so than
its effort to mitigate flood and storm dangers. The Corps provides
essential mitigation assistance such as repairing damaged levees and
providing emergency water supplies to communities in need. It also
works to engineer infrastructure that will prevent some of the effects
of natural disaster.
The National Oceanic and Atmospheric Administration has predicted an
especially active hurricane season,
[[Page H4356]]
with up to 11 hurricanes and up to 16 major hurricanes in the 6-month
hurricane season. The number of predicted storms is significantly
greater than the seasonal average of six hurricanes and three major
hurricanes. NOAA has also indicated that hurricanes threaten inland
areas through rain and strong winds and flooding, as we saw in many
communities.
Never has funding and support for the Corps been more critical to my
constituents and the many areas throughout the country. So as we
consider a bill that plans to reduce funding for the Corps, we must
keep in mind the communities who may suffer, and many who have spoken
tonight come from those districts. They suffer the most from this type
of activity.
I remind my colleagues that this amendment costs no money whatsoever.
A ``no'' vote on the amendment does carry the cost of heavy inaction.
I ask the Chair to overrule the point of order.
The chairman of the subcommittee mentioned earlier that he supports
the Corps and funding for the Corps. This is simply an effort to try to
instruct the Corps to prioritize the projects as they make these
difficult decisions.
My colleagues, I thank you for listening, and I yield back the
balance of my time.
Point of Order
Mr. FRELINGHUYSEN. Madam Chair, I insist on my point of order.
The Acting CHAIR. The gentleman from New Jersey will state his point
of order.
Mr. FRELINGHUYSEN. Madam Chair, I make a point of order against the
amendment because it proposes to change existing law and constitutes
legislation in an appropriation bill and therefore violates clause 2 of
Rule XXI.
The rule states in pertinent part an amendment to a general
appropriation bill shall not be in order if changing existing law. The
amendment proposes to state a legislative position.
I ask for a ruling of the Chair.
The Acting CHAIR. Does any Member wish to be heard on the point of
order? If not, the Chair is prepared to rule.
The amendment offered by the gentleman from North Carolina proposes
to state a legislative position of the House.
As such, the amendment constitutes legislation in violation of clause
2 of Rule XXI. The point of order is sustained, and the amendment is
not in order.
Amendment No. 20 Offered by Mr. Kelly of Pennsylvania
Mr. KELLY of Pennsylvania. Madam Chair, my friend, Mr. Duffy from
Wisconsin, and 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 bill (before the short title), insert the
following:
Sec. __. None of the funds made available in this Act may
be used to develop or submit a proposal to expand the
authorized uses of the Harbor Maintenance Trust Fund
described in section 9505(c) of the Internal Revenue Code of
1986.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. KELLY of Pennsylvania. Madam Chair, the reason I'm here tonight
is to talk about the efforts that are being used to divert Harbor
Maintenance Trust Fund monies to purposes other than what Congress
intended, and that is dredging and maintenance of our harbors.
I'm talking about fairness, and I'm talking about commerce. We've all
known for years that we have a problem when funds are collected for an
intended purpose, that sometimes they don't get used that way. So we
have money in, but money does not come out for its intended use.
There are a number of reasons for this happening. But until we get
more funds for their intended purpose, Mr. Duffy and I oppose expanding
the authorities for the use of this funding.
{time} 2030
This is a matter of fairness.
The Harbor Maintenance Trust Fund has carried a surplus since 1997.
At the end of fiscal year 2012, the trust fund had an estimated $7
billion surplus that was not spent on harbor maintenance. Yet our
harbors are under-maintained.
The U.S. Army Corps of Engineers has estimated that full channel
dimensions at the Nation's busiest 59 ports are available less than 35
percent of the time. That's unacceptable. Just from an economic
standpoint, it should be unacceptable to us.
Ships, especially those in my district and throughout the Great
Lakes, are light-loading. When that happens, American productivity is
lost. Light-loading--we can't even load the ship to their capacity
because we haven't maintained our harbors. We haven't dredged our
harbors. This is an affront to commerce. It goes back to the very
beginning of what the Founding Fathers thought about commerce as so
important, getting products from point A to point B.
We must ensure that the moneys intended for dredging are not siphoned
off for other reasons. Our amendment will prohibit moneys from being
used by the administration to expand the authorized uses of the Harbor
Maintenance Trust Fund moneys.
I know this is something that the gentleman from New Jersey (Mr.
Frelinghuysen) has supported in the past, and I appreciate his
consideration.
I yield back the balance of my time.
Mr. NOLAN. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from Minnesota is recognized for 5
minutes.
Mr. NOLAN. I rise in support of the Kelly-Duffy amendment, which
would prohibit expanded uses of the Harbor Maintenance Trust Fund at
the current appropriations level.
Let me be clear, the needs of the Nation's ports and harbors are
great, and they are largely unmet today. The U.S. Army Corps of
Engineers has made a valiant effort to maintain these facilities, which
are essential for American manufacturers and the business community, to
access markets around the world. We're talking about jobs. We're
talking about business income here in every State, in every
congressional district in this country.
Beginning in 1997, however, as Mr. Kelly just pointed out, both
Congress and the administration since that time have fallen short of
allocating the entire balance of the harbor trust fund moneys to a
current rate of less than 50 percent of the total revenues received.
Tragically, as a result, we've fallen seriously behind in our essential
harbor maintenance. If we were to restore full funding today, the Army
Corps estimates it would take 5 years to catch up on the backlog in our
Nation's busiest ports and another 5 years to catch up on the Nation's
smaller ports, which are nevertheless essential to local and regional
economies.
Channel dredging is the most critical factor in maintaining our
harbors. To be sure, there are other needs. In 2011, the Army Corps
suggested that this fund could be used to increase harbor security.
Certainly access roads and other harbor facilities need constant
maintenance. But if we expand the use of these funds without expanding
the total funds appropriated, we will simply add to our current
backlog, choke off future commerce, and cost the American economy the
jobs that we desperately need.
The port of Duluth in my district is already restricting outbound
shipments to 80 percent of the capacity because of this backlog in
maintaining proper channel depth. How can we justify forcing our
merchant fleet to operate at less than full efficiency?
I urge my Democratic colleagues to support this amendment and help us
prevent a bad situation from getting worse.
I yield back the balance of my time.
Ms. KAPTUR. I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Madam Chair, I am happy to yield to Congressman Kelly
offering the amendment or Congressman Nolan, who spoke on the
amendment, and to say that this amendment gives us an opportunity to
talk about the Harbor Maintenance Trust Fund and the importance of all
of our harbors, including those in the Great Lakes.
I spoke earlier today, and I said I don't know how long it's going to
take to narrow the channel any more. Some of the ports I represent,
what has been happening is that with less money, the width has been
narrowing. I said so maybe our ships will actually look like
[[Page H4357]]
this some day, rather than having a bow that looks like this. There
just simply aren't enough funds to dredge all of the ports that are
necessary. And, in fact, there have been some harbors which have
actually shut down.
So this gives us an opportunity to talk about the necessity of a
review of the Harbor Maintenance Trust Fund and its future use and what
we might do in order to get a better allocation to our accounts so that
we can take care of all of these ports that are being pressed around
the country.
If the gentlemen have anything additional that they would like to put
on the record at this point regarding the ports in the Great Lakes or
elsewhere, I would be more than pleased to yield to them.
Mr. NOLAN. Will the gentlewoman yield?
Ms. KAPTUR. I yield to the gentleman from Minnesota.
Mr. NOLAN. Madam Chair, I thank Representative Kaptur for yielding,
and I would just add that it's costing business and commerce throughout
the country and the Great Lakes billions of dollars. This is critical,
essential infrastructure; and we look forward to working with you to
find a way to release that trust fund for what it was intended, which
is the dredging of our harbors. It is so critical to our commerce, our
businesses, our jobs, and our economies.
Ms. KAPTUR. Reclaiming my time, I hope the administration is hearing
this and the Corps is hearing this and they work with us on a better
allocation and not invading the Harbor Maintenance Trust Fund for other
purposes.
I would hate to deny the administration the right to think about this
and to make recommendations to us. I don't think that it is the intent
of the gentleman from Pennsylvania (Mr. Kelly) to prevent any oversight
or activities by the administration to better manage the Harbor
Maintenance Trust Fund. I don't think that is his intent. I think his
intent is to ensure that these dollars are spent for harbor
maintenance.
But if, in fact, the administration has a good idea they want to
throw in to help us with this, you wouldn't deny them the right to do
that; am I correct? We need their cooperation in order to make this
work.
I yield to the gentleman.
Mr. NOLAN. Madam Chair, they are already neglecting the needs for
dredging in our harbors. To divert funds from existing appropriations
that are available would only make the situation worse, which is why I
rise in support of the gentleman's amendment.
I know Mr. Duffy wishes to speak to the amendment as well.
Ms. KAPTUR. Congressman Kelly, your intention is not to preclude the
administration from working with us on the Harbor Maintenance Trust
Fund if they have a creative idea that would help us?
Mr. KELLY of Pennsylvania. Will the gentlewoman yield?
Ms. KAPTUR. I yield to the gentleman.
Mr. KELLY of Pennsylvania. I think the whole purpose of this--and Mr.
Duffy will have a chance to speak next--this money is collected for a
specific reason. I had a conversation with Secretary LaHood talking
about why can't we use the money that's been collected and set aside to
be used. This is about commerce. This is about fairness. This is about
growing our economy and being able to have access to the entire world.
We're letting these harbors go unmaintained. We're not dredging them,
and we're causing a huge problem in commerce. That's the problem. We
can't get from point A to point B. We're lowering the efficiency of our
businesses and their ability to get products out there. The whole
purpose of this is to use the money that's collected for the intention
for which it was collected. It's money that's going in, but not being
used the right way, and I don't want to see it get diverted any other
way, as we've seen happen already. We're already missing the boat, no
pun intended. We're closing down these harbors, and we're not doing the
right things by them.
I know my friend from Wisconsin (Mr. Duffy) wants to talk.
Ms. KAPTUR. Madam Chair, I yield back the balance of my time.
Mr. DUFFY. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from Wisconsin is recognized for 5
minutes.
Mr. DUFFY. Madam Chair, I will try to address some of the concerns of
the gentlelady from Ohio. I think everyone who supports this amendment
is willing to work with the administration if the administration wants
to work with us to start to dredge our ports, to make sure that we can
actually have more flow of commerce through the American ports that
haven't been serviced well.
If the administration wants to tap into the Harbor Maintenance Trust
Fund and use those resources for other purposes, I think you would see
a strong objection from those who support this amendment because those
of us who especially live in the Great Lakes--Mr. Nolan and I, the
gentleman from Minnesota and I, have the great honor of sharing the
Duluth-Superior port. We understand how important dredging is to making
sure that port functions.
When we don't have enough resources going in to service our port, it
gives us great pause because these are jobs in our community. It is
economic growth in our community, and if we don't have that, we're
concerned. So if the administration is willing to work with us, we are
willing to work with the administration, no doubt.
But, again, if they want to take those resources and use them for
another purpose, we would have great pause and pushback because what
you've seen with the Harbor Maintenance Trust Fund is that it is funded
by the shippers. They pay taxes, they pay fees in the anticipation that
those dollars, those revenues, are going to be used to service our
ports. The problem is it hasn't been used to service our ports. So
they're paying money into a fund that over the last 15 years has run a
surplus, and now there's $7 billion in the fund. And they sit back and
they scratch their heads and they wonder why isn't this money being
used for its intended purpose, which is to make sure American ports
work. We've paid for it. We've agreed to pay the taxes; now do,
government, what you've promised us to do, use it to make sure that we
can actually have commerce in our industry.
I think it's important, the gentleman from Pennsylvania also talked
about the Corps of Engineers doing studies and talking about our
shippers having to light-load, talking about the Great Lakes ports,
talking about Duluth-Superior, the twin ports, where they're unable to
load at full capacity because we haven't effectively dredged that port.
And that is loss of revenue for our shippers. Not only that, it's
driving up the cost of the goods that we're shipping on the Great
Lakes, which means the end consumer is paying more for those goods.
This doesn't make a lot of economic sense, especially when we have $7
billion of surplus in that fund.
This is one of those issues where I think government can do a better
job serving the people. Putting money into a fund, paying taxes to
specifically go into a fund for a specific purpose and then have that
fund raided and robbed and used for a different purpose is
unconscionable, and it is unacceptable; and that is not the agreement
that Americans here in the shipping industry had with their government.
It's unfair, at best.
To make one last point, this is a jobs amendment. This amendment will
again make sure that we can have a growing, effective, efficient
economy in shipping in ports across the country; but it also makes sure
that we have lower-cost goods because we are effectively using our
ports and our shippers across the country.
Ms. KAPTUR. Will the gentleman yield?
Mr. DUFFY. I yield to the gentlelady from Ohio.
Ms. KAPTUR. I thank the gentleman for yielding. I'm glad we've had
this discussion tonight. Others have heard it. I think it will help
encourage administration cooperation, being the Representative who has
the ports of Lake Erie in her district--Cleveland, Lorain, Sandusky,
Toledo, and many points in between--I fully understand the challenge
here.
One of our budgetary challenges is we have to have a budget that
allocates these dollars, and right now that hasn't come from your side
of the aisle. So in order to use these dollars, it has to be
incorporated in the budget resolution that comes to us. Our mark was
too
[[Page H4358]]
low in our bill in order to be able to move those dollars. So let's
work on that with the Budget Committee, as well, so we get that
allocation and it comes to our subcommittee. That's something that we
can all work on on both sides of the aisle.
Mr. DUFFY. Reclaiming my time, point well made by the gentlelady from
Ohio. Just to make sure we're clear, this amendment is one that
prohibits additional or expansion of the definition of use for the
Harbor Maintenance Trust Fund, so we can't use it for purposes other
than for the ports, which was the original intent.
With that, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Kelly).
The amendment was agreed to.
{time} 2045
Mr. RIGELL. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from Virginia is recognized for 5
minutes.
Mr. RIGELL. I rise to enter in a colloquy with the distinguished
gentleman from New Jersey, the chairman of the Energy and Water
Appropriations Subcommittee, Mr. Frelinghuysen.
Virginia is proud to be home of one of the Department's flagship
national labs in nuclear physics, the Thomas Jefferson National
Accelerator Facility, or JLab, located in Newport News, and its primary
scientific facility there known as the Continuous Electron Beam
Accelerator Facility.
In fact, the nuclear physics community so values the work at the JLab
that they recommended a major upgrade to its accelerator, what's
referred to as the 12 GeV project, as its number one priority in their
2007 long-range plan for nuclear physics. That upgrade has received
over 70 percent of its construction funding through the tireless
efforts of the subcommittee, and work is going to begin there on its
commissioning in fiscal year 2014, that is, provided that sufficient
funding is included in this appropriations measure.
I'm really grateful that the construction funding that is provided in
the bill is at the level requested by the administration. However, I am
concerned that the proposed reductions for nuclear physics below the
budget request could force unilateral cuts in medium energy nuclear
physics operations, and that these reductions could delay the start of
the commissioning of the 12 GeV project, which is scheduled to start in
the first quarter of fiscal year 2014.
Therefore, I'm asking the chairman if he would be willing to work
with me and my colleagues in Virginia and others who support the
priorities of the nuclear physics community to work towards completing
this important construction project and to begin operations in a timely
fashion.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. RIGELL. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. I thank my colleague for his interest and strong
advocacy on behalf of the Jefferson Lab and for the nuclear physics
program. Our allocation has made for some tough choices, and we worked
hard to fund the Office of Science at $32 million above current levels,
post-sequester. This level of funding is sufficient to support a $7.5
million increase for the Medium Energy Nuclear Physics program, which
goes to the Jefferson Lab.
I want to thank my colleague for his advocacy and look forward to
working with him to support this vital program through the
appropriations process.
I also assure my colleague that the bill keeps CEBAF on track to
begin operations in fiscal year 2014.
Mr. RIGELL. I thank the gentleman for yielding initially. I thank him
for his leadership.
I yield back the balance of my time.
Amendment Offered by Mr. LaMalfa
Mr. LaMALFA I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill, before the short title, insert the
following:
Sec. ___. None of the funds made available by this Act may
be used to regulate activities identified in subparagraphs
(A) and (C) of section 404(f)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(f)(1)(A), (C)).
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. LaMALFA. Madam Chairman, I'm pleased to be able to present this
amendment here. I thank the chairman of the committee for allowing
this.
We have a situation here where section 404(f)(1) of the Clean Water
Act exempts certain activities from the permitting requirements under
section 404, including normal farming, forestry, and ranching
activities, and construction and maintenance of farm and forest roads,
irrigation ditches, and farm ponds.
In 1977, Congress made a deliberate policy choice to amend the Clean
Water Act to provide carefully tailored exemptions for these ordinary
activities of farmers, ranchers, and foresters from the costly and
burdensome requirements to obtain Clean Water Act permits.
Despite this clear expression of congressional intent, however, the
Corps of Engineers and the EPA in recent years have been trying to
circumvent the 404(f)(1) permitting exemptions by attempting to
interpret a limited ``recapture'' provision in section 404(f)(2) in
such an expansive way as to virtually swallow up the exemptions in
404(f)(1).
As a result, we have a situation where Congress clearly provided a
regulatory exemption from permitting in one paragraph of the Clean
Water Act, only to have the Corps and EPA now take it away through a
creative interpretation of the next paragraph.
The Corps and EPA cannot take away administratively what Congress
gave legislatively. These administrative efforts to undermine
congressional intent have resulted in excessive and overzealous efforts
to expand regulatory powers into farming and ranching activities
exempted from regulation.
In one instance, a family farm attempted to convert pastureland
irrigated by ditch to a piped irrigation system to improve their water
efficiency--a laudable goal from any perspective. This is an activity
clearly exempted from regulation by section 404(f)(1), yet the Corps'
argument that potential runoff from this work, which would run into a
man-made drainage ditch and eventually into a terminal man-made pond
with no outlet, would impact somehow the navigable waterway, the
Sacramento River, which is over 6 miles away, which really bears no
relation to reality, this regulation. This claim by the Corps turned a
1-day, $2,500 project into, now, a multiyear legal battle resulting in
over $100,000 in legal costs to the family farm, all with no
improvement or protection of the environment.
This amendment is intended to make it clear that the Corps is not to
use any funds to regulate activities that are already excluded from
regulation under section 404(f)(1)(A) and (C) of the Clean Water Act,
and that the ``recapture'' provision in section 404(f)(2) is not to be
used to undermine those section 404(f)(1) permitting exemptions. The
amendment allows the permitting exemptions to stand on their own
merits, without the Corps and EPA negating their use through clever
legal interpretations.
In no way does this amendment attack or limit regulation of wetlands
or our Nation's waterways. As a rancher myself, with wetlands, ducks,
other wildlife on my land, I know full well the importance and value of
reasonable protections for our natural resources.
Today, farms in California and elsewhere are being targeted for
simply changing crops or irrigation methods. They are doing their best
to follow every law, the spirit of the law, but are being targeted for
something Congress explicitly exempted.
This amendment simply limits funds to ensure that agencies of
government only spend money to follow the laws as Congress wrote them.
I urge all Members to please support this amendment.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. I have no objection to the gentleman's amendment.
[[Page H4359]]
Our colleague from California describes yet another troubling example
of what seems to be Federal overreach, regulatory overreach. I support
his amendment, which I think addresses the situation.
I yield back the balance of my time.
Ms. KAPTUR. I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Madam Chair, I rise to oppose the gentleman's amendment.
If the proposed amendment would take effect, the Corps would be
prohibited from requiring a permit for discharges into waters of the
United States from certain agricultural activities.
The Clean Water Act already exempts certain agricultural activities
from regulation unless those activities change the flow of navigable
waters, then those agricultural activities, such as construction of
stock ponds or irrigation ditches, construction of forest roads and
reconstruction of recently damaged parts of levees, dikes, and dams,
must be regulated.
The Clean Water Act already exempts agriculture business from many of
the regulations imposed on others. This amendment would take away the
commonsense safeguards built into the Clean Water Act to prevent the
negative impact of some agricultural activities, and we have all been
witness to some of those.
So I believe the Clean Water Act strikes the right balance in giving
relief to agricultural businesses already and, therefore, urge defeat
of the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. LaMalfa).
The amendment was agreed to.
Amendment Offered by Mr. King of Iowa
Mr. KING of Iowa. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill, before the short title, insert the
following:
Sec. _. None of the funds made available in this act to the
United States Army Corps of Engineers may be used for
sediment or soil dumping into the Missouri River.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. KING of Iowa. Madam Chair, we have a situation that exists in
Iowa, Nebraska, and Missouri that I know of along the Missouri River,
which I've represented the entire stretch along Iowa. It's an attempt
to save the endangered species known as the pallid sturgeon, and I
brought a little sample of him here. He's the only one in congressional
captivity. This came from the hatchery at U.S. Fish and Wildlife, by
the way.
But what they're doing is an attempt to create shallow water habitats
so this pallid sturgeon can reproduce. They're opening up the old
oxbows, and that's all right. But what they're doing is dredging
millions of cubic yards of dredge spoil out of those old channels into
the river channel itself. And we know that dredge spoil is listed under
the Clean Water Act as a toxic pollutant.
They wouldn't let farmers do it. They wouldn't let contractors do it.
The Corps of Engineers doesn't need to. They have better alternatives
that are consistent with the Clean Water Act.
So my amendment simply says none of the funds can be used to dredge
this into the river, and they would need to follow their own rules like
everybody else does.
I urge the adoption of this amendment, and I yield back the balance
of my time.
Mr. FRELINGHUYSEN. I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Madam Chairman, I don't have any objection to the
amendment, although I do have a few concerns, which I'd like to cover.
First of all, I want to thank my colleague for bringing these issues
to our attention. If, in fact, the Corps' actions are detrimental to
flood control efforts in his region, those types of actions need to be
stopped, and I would be happy to work with him to do that.
I do believe, of course, that some of these issues would be better
dealt with by the authorizing committees that have jurisdiction over
the Corps and the Endangered Species Act. So I think there are some
concerns that we have that are legitimate here. We're going to do some
more investigation and work with the gentleman to see if we can address
his concerns.
I yield back the balance of my time.
Ms. KAPTUR. I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Madam Chair, the King amendment would provide no funds to
be used for shallow water habitat construction if that involves
sediment or soil dumping into the Missouri River.
In order to meet the obligations established within the 2003 amended
biological opinion, the construction of shallow water habitat is an
integral part of compliance. There are two ways to build shallow water
habitats: either through flow actions or through mechanical actions.
The Corps has been implementing habitat construction to avoid
manipulating flows mainly because of concerns expressed by the State of
Missouri. This amendment would prevent the construction of shallow
water habitat, leaving the pallid sturgeon fish unprotected.
I understand that farmers in Iowa have concerns that the Army Corps
is not creating these habitats in an ecological manner, but the Army
Corps studies show there will only be minimal increases in nutrients
carried by the river during project construction.
If the Corps cannot put sediment into the Missouri River, it will
have to dispose of the sediment in upland areas. There will be
increased cost for each construction project. Disposal in upland areas
would increase costs by requiring material to be placed in trucks and
hauled offsite to upland disposal areas, or adjacent to the habitat
projects. Project cost would be increased by 300 percent to 500
percent, depending on site specifics.
So disposing of sediment in upland areas will also result in
increased negative environmental impacts. Disposal of material in
upland areas will require disturbances of existing mitigation sites and
increases the risk of damage to adjacent wetlands. It may also require
additional land acquisition for disposal areas.
For all these reasons, we have to oppose the amendment.
I yield back the balance of my time.
Mr. LaMALFA. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. LaMALFA. I yield to my colleague from Iowa (Mr. King).
Mr. KING of Iowa. I thank the gentleman from California for yielding.
And I regret I didn't have that opportunity to sit down and talk to
the gentlelady from Ohio regarding this dredging that's taking place in
the Missouri River bottom in my district, in my neighborhood where I
spent my lifetime working on that river bottom and doing work like
dredge work and dredge site work and dredge disposal site work.
We've done a number of projects with the earthmoving side of this
thing, working in conjunction with dredge contractors. I've been up and
down every mile of this river for decades now. I've watched what
they're doing. They would never let a private interest do what they are
doing. They wouldn't let a public interest do what they are doing. Only
the Corps of Engineers can do what they're doing.
And I've not reviewed these numbers closely, but I did hear that it
could be a 300 percent increase in the cost. I'd like to look at it
more closely. I'm pretty confident King Construction can bid that
substantially cheaper. However, we're not in the business of advocating
what we do here in this Congress. The Corps of Engineers has often put
out numbers that have been much higher than the actual cost necessary.
And it's pretty simple to me that if you could see what I saw last
week, a 20-inch pipe pumping out water and dredge spoil that's churned
up by the beater effect of the dredge, pumping that out into the middle
of the river where the sediment, the heavy stuff drops out right away;
it starts to fill the channel. The lighter stuff goes down the river
and gets settled out.
{time} 2100
And then the river has to be dredged again by putting that sediment
into
[[Page H4360]]
the river. It ends up having to be treated. There's plenty of places
for them to do this. They are contradicting their own policy. And so I
urge the adoption of this amendment, and let's hold the Corps of
Engineers accountable the same way they hold everyone else accountable.
Mr. LaMALFA. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The amendment was agreed to.
Amendment Offered by Mr. Flores
Mr. FLORES. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce the National
Ocean Policy developed under Executive Order No. 13547 of
July 19, 2010 (75 Fed. Reg. 43023, relating to the
stewardship of oceans, coasts, and the Great Lakes).
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. FLORES. Madam Chairman, last year, the House adopted my
bipartisan amendment that would prevent agencies under the FY 2013 CJS
appropriations bill from imposing ocean zoning related to the Obama
administration's National Ocean Policy under Executive Order 13547.
Executive Order 13547 was signed in 2010 and requires that various
bureaucracies essentially zone the ocean and the sources thereof. This
essentially means that a drop of rain that falls on your house could be
subject to this overreaching policy because that precipitation will
ultimately wind up in the ocean.
The Department of Energy is a part of the National Ocean Council
established under this executive order that has been tasked to zone the
oceans. Concerns have been raised by many groups that the National
Ocean Policy will restrict ocean and inland activities. It is also
worrisome that the administration has not made any requests for funds
for this effort, nor has Congress ever appropriated money for this
purpose. We have had hearings on this in the Natural Resources
Committee, and no agency has told us from what source they're getting
the funding for this initiative. So where is the money coming from? Are
they raiding existing accounts and diverting already scarce dollars
from existing statutory responsibilities?
On this chart you can see the executive order creates a huge new
bureaucracy at a time when we're trying to make the government smaller,
more efficient, more accountable, and less intrusive. The next chart
lists the 63 agencies that are involved in this effort to try to zone
the oceans. This looks like much more than a planning exercise at this
point.
Let me say you're going to hear from the other side from time to time
something that says that planning is good. Yes, planning may be good.
Planning with the intent to in effect backdoor nonstatutory rulemaking
is not good.
And here's what the executive order states on its face. It says:
All executive departments, agencies, and offices that are
members of the council and any other executive department,
agency, or office whose actions affect the ocean, our coasts,
and the Great Lakes shall, to the full extent consistent with
applicable law, comply with Council-certified coastal and
marine spatial plans.
That sounds like rulemaking, to me, that has not been authorized by
statute.
It's important to note that ocean zoning was debated during the
108th, the 109th, the 110th, and the 111th Congresses, and each of
those Congresses determined that this action was not necessary. This
clearly indicates that Congress explicitly does not intend for the
oceans to be zoned in the manner that the President is attempting to
do. Thus, Executive Order 13547 has no specific statutory authority,
and there have been no appropriations by Congress to pay for the cost
of this new bureaucracy.
My similar amendment earlier this year passed by a bipartisan vote of
233-190 to the offshore energy packaged we considered last month. This
amendment was also adopted on a bipartisan basis as a part of the FY
2013 CJS appropriations bill.
I urge my colleagues to join me in supporting this commonsense
amendment, and I yield back the balance of my time.
Ms. KAPTUR. I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Madam Chair, I rise to oppose the amendment and to stress
the importance of ocean policy. We already see acidification, low
dissolved oxygen, harmful algae blooms, and dead zones in the Gulf, the
Chesapeake Bay, Puget Sound, and throughout our Nation's coastal
waterways.
The National Ocean Policy would help us better address the cumulative
threats to our aquatic ecosystems from overfishing, coastal
development, storm water runoff, carbon emissions, and pollutants in
our waterways. The implementation of the National Ocean Policy will
help to protect, maintain, and restore our ocean and coastal
ecosystems, systems which provide important jobs, food, recreation, and
which serve as the foundation for a substantial part of our Nation's
economy. Only healthy, functioning, and resilient marine and freshwater
ecosystems can support the fisheries we all depend upon so heavily.
There are some reports that show that over half of the fish in the
oceans have been fished out. If you go to any supermarket, you're going
to find on the shelves--the fish that are there--strange names you've
never even heard of before because so many of the varieties that were
plentiful are simply fished out forever.
The core approach of the National Ocean Policy is to improve
stewardship of our ocean's coasts, islands, and Great Lakes by
directing government agencies with differing mandates to coordinate and
work better together. The National Ocean Policy creates no new
authorities. It's about increased coordination among existing agencies,
the sort of effort that should be taking place on a Federal level in
order to reduce inefficiency, waste, and redundancy between agencies.
This is an issue of bringing people together so that all of the
ocean's users, including recreational and commercial fishermen,
boaters, industries, scientists, and the public can better plan for,
manage, harmonize, and sustain uses of oceans and coastal resources.
When you think about it, we now have 310 million people in our
country. We look at the global populations in the billions. With the
rate of population increase rising, more and more fishing going on--and
how many of us come from regions where we see that fisheries have shut
down? And that in fact what used to exist in Massachusetts, exists no
more. That there are places on the West Coast where the fisheries that
had been there are shut down. That's because there's so much draw on
that life source in the ocean that we have to pay attention as a world
how we are going to feed the generations of the future. This is not a
casual engagement. This is downright serious business.
I would say that the gentleman's amendment is not forward-looking. I
don't know what he has in mind here. But the better we understand what
is going on and what Congressman Claude Pepper used to call Planet
Ocean, where 70 percent of our Earth is actually water, much of it
impinged now by pollutants and so forth. We have a responsibility to
the globe. This is not simple.
Prior generations haven't had to think this way, but we have to think
this way because there are many more draws on these resources. Look at
the problems we've had with some countries going out and doing the
fishing and just taking fish to one country and not allowing other
fishermen to have equal access, even in the Great Lakes that I
represent. It's amazing. Every single year, the number of fish you're
allowed to catch goes down, because we've both got more fisherman,
because the population is increasing, but there are fewer fish to draw
from those lakes. And there are substantial threats in the form of
invasive species.
So the gentleman and I are on different sides of this. I think it's
important to understand the oceans and to coordinate among our agencies
to put the best intelligence forward because the globe is changing and
we have to be smart enough to deal with those ecosystem changes.
I yield back the balance of my time.
[[Page H4361]]
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Flores).
The amendment was agreed to.
Amendment Offered by Mr. Flores
Mr. FLORES. Madam Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce section 526 of
the Energy Independence and Security Act of 2007 (Public Law
110-140; 42 U.S.C. 17142).
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. FLORES. Madam Chair, I rise to offer an amendment which addresses
another misguided and restrictive Federal regulation.
Section 526 of the Energy Independence and Security Act prohibits
Federal agencies from entering into contracts for the procurement of
fuels unless their lifecycle greenhouse gas emissions are less than or
equal to emissions from an equivalent conventional fuel produced from
conventional petroleum sources. My simple amendment would stop the
government from enforcing this ban on all Federal agencies funded by
the Energy and Water Development appropriations bill.
The initial purpose of section 526 was to stifle the Defense
Department's plans to buy and develop coal-based or coal-to-liquids jet
fuel. This restriction was based on the opinion of some
environmentalists that coal-based jet fuel might produce more
greenhouse gas emissions than traditional petroleum. However, one of
the unintended consequences of section 526 is that it essentially
forces the American military to acquire fuel refined from unstable
Middle East crude resources. Furthermore, section 526's ban on fuel
choice now affects all Federal agencies, not just the Defense
Department.
This is why I'm offering this amendment again today to the Energy and
Water Appropriations bill. The American military and our Federal
agencies should not be burdened with wasting their time studying fuel
restrictions when there's a simple fix. That fix is to not restrict
Federal Government fuel choices based on unsound policies and misguided
regulations like those in section 526.
Section 526 also essentially makes our Nation more dependent on
Middle East oil. Stopping the impact of section 526 will help us to
promote American energy, grow the American economy, create American
jobs, and become more energy secure.
Madam Chair, it is also important to know what this amendment does
not prevent and does not restrict. And it doesn't restrict or prevent
the ability of the Federal Government from purchasing any alternative
fuels, including biodiesel, ethanol, or other fuels from renewable
resources. It places no restrictions whatsoever on those types of
procurements.
I offered this amendment to the Homeland Security appropriations
bills and several appropriations bills during the 112th Congress, and
they all passed on the floor of the House with strong bipartisan
support. My friend, Mr. Conaway, also added similar language to the
latest defense authorization bill to exempt the Defense Department from
this burdensome regulation.
I urge my colleagues to support the passage of this commonsense
amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Flores).
The amendment was agreed to.
Amendment Offered by Mr. Bridenstine
Mr. BRIDENSTINE. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available in this Act may
be used by the Corps of Engineers to set water storage prices
for municipal use for a nonhydropower lake constructed by the
Corps above the price that was set at the time of the
completion of that lake.
Mr. FRELINGHUYSEN. Madam Chair, I reserve a point of order on the
gentleman's amendment.
The Acting CHAIR. A point of order is reserved.
The gentleman from Oklahoma is recognized for 5 minutes.
Mr. BRIDENSTINE. I rise today to offer an amendment that will provide
temporary relief and assurance for communities who otherwise will soon
be hit by some of the sharpest increases in water storage prices ever
seen. My amendment is simple. It prohibits the Army Corps of Engineers
from using any official resources or funds to set new, increased water
storage prices for municipal use on any non-hydropower lake that was
built by the Corps.
{time} 2115
The Corps would only be permitted to set the same rates on local
communities that were in place when the lake was completed, a dollar
figure that is well documented and not subject to any sort of
interpretation by the Corps.
A source of funding for the operation lakes owned by the Corps of
Engineers is derived from water storage contracts with municipalities.
The formula for pricing of water storage contracts on Corps lakes is
defined legislatively as ``current cost.'' This fixed formula creates a
prohibitive financial burden on the citizens of municipalities desiring
to contract with the Corps and, as a result, the Corps does not receive
any income for the operation and maintenance of the lake.
In drought-stricken areas like Bartlesville, Oklahoma, the Corps'
current flawed methodology threatens to raise water storage prices on
local residents from around 6 cents to nearly a dollar for the same
1,000 gallons of water. It also raises the total fiscal impact of water
storage prices on Bartlesville from around $1.6 million a year to more
than $24 million a year.
Earlier this year, the Senate adopted by unanimous consent an
amendment by Senator Inhofe to their WRDA bill that requires the GAO to
complete a study on the Corps' outdated and flawed methodology when it
comes to these water storage prices. As the WRDA bill develops in the
House and hopefully moves towards conference and enactment, I am
looking forward to working with my colleagues on a long-term
legislative solution to replace this outdated formula with one that is
fair, reasonable, and affordable to all parties.
By adopting this amendment today, we can provide 1 more year of
certainty and assurance for communities like Bartlesville by ensuring
that they do not see outrageous increases in their water storage prices
that they quite simply cannot afford.
The American taxpayer spends billions of dollars every year to fund
the operations of the Army Corps of Engineers; but by adopting this
amendment, we can ensure that none of those funds are used to enforce a
formula that is outdated, unfair, and unjust as we move through the
WRDA bill and other avenues towards a long-term solution.
I yield back the balance of my time.
Point of Order
Mr. FRELINGHUYSEN. Madam Chair, I insist on my point of order.
The Acting CHAIR. The gentleman from New Jersey may state his point
of order.
Mr. FRELINGHUYSEN. Madam Chair, the amendment proposes a net increase
in budget authority in the bill. The amendment is not in order under
section 3(d)(3) of House Resolution 5, 113th Congress, which states:
It shall not be in order to consider an amendment to a
general appropriation bill proposing a net increase in budget
authority in the bill unless considered en bloc with another
amendment or amendments proposing an equal or greater
decrease in such budget authority pursuant to clause 2(f) of
rule XXI.
The amendment proposes a net increase in budget authority in the bill
in violation of such section. The Congressional Budget Office has
stated that this amendment has costs associated with it. The Corps'
current pricing policy is based upon ``updated cost of storage'' which
reflects today's value (indexed to current price levels) rather than at
the original construction cost price level. So reverting to
construction cost levels will unavoidably have a cost, with the net
effect of increasing the level of budget authority in the bill.
Under section 3(d)(3), an increase in budget authority must be
accompanied by an equal or greater decrease. This
[[Page H4362]]
amendment does not contain an equal or greater decrease, and so
violates section 3(d)(3).
I ask for a ruling from the Chair.
The Acting CHAIR. Does any Member wish to be heard on the point or
order? If not, the Chair is prepared to rule.
The gentleman from New Jersey makes a point of order that the
amendment offered by the gentleman from Oklahoma violates section
3(d)(3) of House Resolution 5. Section 3(d)(3) establishes a point of
order against an amendment proposing a net increase in budget authority
in the pending bill.
The Chair his been persuasively guided by an estimate from the chair
of the Committee on the Budget that the amendment proposes a net
increase in budget authority in the bill. Therefore, the point of order
is sustained. The amendment is not in order.
Mr. ROGERS of Kentucky. Madam Chairwoman, I move to strike the last
word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Kentucky. Madam Chairwoman, I rise only to say thank
you to the chairman of the subcommittee, Mr. Frelinghuysen, who has
been in this seat now for 38 days it seems like, but the entire time of
this bill. He has not taken a break for any reason during the entire
consideration of these dozens of amendments and general debate.
I want to thank the chairman for doing a great job during this
debate, but also in drafting the bill, along with his colleague, Marcy
Kaptur, the ranking Democrat on the subcommittee. So, Mr. Chairman, we
thank you for a job well done and thank you for persevering through all
of this.
Also, I want to say a word of thanks to the staff, who deserve so
much credit for the work that has been before the body for the last 2
days. Rob Blair, the clerk of the subcommittee, and all of the staff on
both sides of the aisle have worked long and hard to bring this bill to
the floor and to transpose it to the population of the House. So we
thank you for a great job well done.
As we near the end of the deliberation on the amendments and finally
vote on the bill, I want to urge everyone to vote for this bill. This
is a good bill. It cuts spending, it does the Nation's business, and
it's fair and transparent.
I urge adoption of the bill and yield back the balance of my time.
Announcement by the Acting Chair
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments on which further proceedings were
postponed, in the following order:
Amendment by Mr. Whitfield of Kentucky.
Amendment by Mr. Fleming of Louisiana.
Amendment No. 28 by Mr. Garamendi of California.
Amendment by Ms. Speier of California.
Amendment by Mr. Chabot of Ohio.
The Chair will reduce to 2 minutes the time for any electronic vote
after the first vote in this series.
Amendment Offered by Mr. Whitfield
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Kentucky
(Mr. Whitfield) 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 94,
noes 329, not voting 11, as follows:
[Roll No. 339]
AYES--94
Aderholt
Bachmann
Bachus
Barr
Benishek
Bishop (UT)
Blackburn
Bonner
Boustany
Bridenstine
Broun (GA)
Burgess
Cantor
Cassidy
Chabot
Coble
Cotton
Cramer
Crawford
DeSantis
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Fincher
Fleming
Flores
Foxx
Franks (AZ)
Garrett
Gingrey (GA)
Gohmert
Gowdy
Graves (GA)
Graves (MO)
Griffith (VA)
Guthrie
Hall
Harper
Harris
Hartzler
Holding
Hudson
Huelskamp
Hultgren
Johnson (OH)
Jordan
Kingston
Kline
Lamborn
Lankford
Latta
Long
Luetkemeyer
Lummis
Marino
Massie
McClintock
McHenry
McKinley
Meadows
Miller, Gary
Mulvaney
Murphy (PA)
Palazzo
Perry
Pittenger
Pitts
Price (GA)
Rahall
Ribble
Rogers (AL)
Rohrabacher
Ryan (WI)
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shuster
Smith (MO)
Smith (TX)
Stockman
Stutzman
Tiberi
Wagner
Walberg
Walorski
Webster (FL)
Westmoreland
Whitfield
Williams
Wilson (SC)
Woodall
Yoho
NOES--329
Alexander
Amash
Amodei
Andrews
Barber
Barletta
Barrow (GA)
Barton
Bass
Beatty
Becerra
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (NY)
Black
Blumenauer
Bonamici
Brady (PA)
Brady (TX)
Braley (IA)
Brooks (AL)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Calvert
Camp
Capito
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter
Cartwright
Castor (FL)
Castro (TX)
Chaffetz
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Daines
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
Deutch
Diaz-Balart
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Ellmers
Engel
Enyart
Eshoo
Esty
Farenthold
Farr
Fattah
Fitzpatrick
Fleischmann
Forbes
Fortenberry
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gardner
Gerlach
Gibbs
Gibson
Goodlatte
Gosar
Granger
Grayson
Green, Al
Green, Gene
Griffin (AR)
Grijalva
Gutierrez
Hahn
Hanabusa
Hanna
Hastings (FL)
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Huizenga (MI)
Hurt
Israel
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson, E. B.
Johnson, Sam
Jones
Joyce
Kaptur
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kuster
Labrador
LaMalfa
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Markey
Matheson
Matsui
McCarthy (CA)
McCaul
McCollum
McDermott
McGovern
McIntyre
McKeon
McMorris Rodgers
McNerney
Meehan
Meeks
Meng
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, George
Moore
Moran
Mullin
Murphy (FL)
Nadler
Napolitano
Neal
Neugebauer
Noem
Nolan
Nugent
Nunes
Nunnelee
O'Rourke
Olson
Owens
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Petri
Pingree (ME)
Pocan
Poe (TX)
Polis
Pompeo
Posey
Price (NC)
Quigley
Radel
Rangel
Reed
Reichert
Renacci
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (KY)
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sanford
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Simpson
Sinema
Sires
Slaughter
Smith (NE)
Smith (NJ)
Smith (WA)
Southerland
Speier
Stewart
Stivers
Swalwell (CA)
Takano
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tierney
Tipton
Titus
Tonko
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walz
Wasserman Schultz
Waters
Watt
Waxman
Weber (TX)
Welch
Wenstrup
Wilson (FL)
Wittman
Wolf
Womack
Yarmuth
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--11
Campbell
Grimm
Holt
Horsford
Hunter
Marchant
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Schock
Shimkus
{time} 2151
Messrs. BROOKS of Alabama, LABRADOR, Ms. ESTY, Messrs. BUCSHON,
KILMER, TAKANO, ROONEY, Mrs. NOEM, Messrs. SANFORD, RODNEY DAVIS of
Illinois, KELLY of Pennsylvania, HUIZENGA of Michigan, SERRANO, Ms.
VELAZQUEZ, and Mr. SESSIONS changed their vote from ``aye'' to ``no.''
[[Page H4363]]
Messrs. JORDAN, CRAWFORD, AUSTIN SCOTT of Georgia, MULVANEY, SMITH of
Missouri, HALL, CASSIDY, and RYAN of Wisconsin changed their vote from
``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Fleming
The Acting CHAIR (Mr. Chaffetz). The unfinished business is the
demand for a recorded vote on the amendment offered by the gentleman
from Louisiana (Mr. Fleming) 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 230,
noes 194, not voting 10, as follows:
[Roll No. 340]
AYES--230
Aderholt
Alexander
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barrow (GA)
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Delaney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Gene
Griffin (AR)
Griffith (VA)
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hurt
Issa
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
Matheson
McCarthy (CA)
McCaul
McClintock
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Pastor (AZ)
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOES--194
Andrews
Barber
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gerlach
Grayson
Green, Al
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (NV)
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Markey
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Nadler
Napolitano
Neal
Nolan
O'Rourke
Owens
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Stivers
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--10
Campbell
Grimm
Holt
Horsford
Hunter
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Schock
Shimkus
{time} 2156
Mrs. CAPITO changed her vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 28 Offered by Mr. Garamendi
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Garamendi) 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 170,
noes 253, not voting 11, as follows:
[Roll No. 341]
AYES--170
Bass
Beatty
Becerra
Bera (CA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Broun (GA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Cohen
Connolly
Conyers
Cooper
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gibson
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Herrera Beutler
Higgins
Himes
Hinojosa
Honda
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lowenthal
Lowey
Lynch
Maloney, Carolyn
Markey
Matsui
McCollum
McDermott
McGovern
McIntyre
McKinley
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
O'Rourke
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Roybal-Allard
Ruiz
Ruppersberger
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Serrano
Shea-Porter
Sherman
Sires
Smith (WA)
Speier
Takano
Thompson (CA)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Walz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NOES--253
Aderholt
Alexander
Amash
Amodei
Andrews
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
[[Page H4364]]
Benishek
Bentivolio
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Bucshon
Burgess
Calvert
Camp
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Clay
Cleaver
Clyburn
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Costa
Cotton
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dingell
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Holding
Hoyer
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jordan
Joyce
Kaptur
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Langevin
Lankford
Latham
Latta
LoBiondo
Lofgren
Long
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Maffei
Maloney, Sean
Marchant
Marino
Massie
Matheson
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Rangel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (OH)
Ryan (WI)
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Sewell (AL)
Shuster
Simpson
Sinema
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Swalwell (CA)
Terry
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Visclosky
Wagner
Walberg
Walden
Walorski
Wasserman Schultz
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--11
Campbell
Grimm
Holt
Horsford
Hunter
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Rush
Schock
Shimkus
{time} 2200
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Ms. Speier
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from
California (Ms. Speier) 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 174,
noes 250, not voting 10, as follows:
[Roll No. 342]
AYES--174
Amash
Andrews
Bass
Beatty
Becerra
Benishek
Bera (CA)
Blumenauer
Braley (IA)
Brooks (AL)
Brownley (CA)
Buchanan
Burgess
Capps
Capuano
Cardenas
Carney
Cartwright
Castor (FL)
Chaffetz
Chu
Cicilline
Clarke
Clay
Clyburn
Cohen
Conaway
Connolly
Conyers
Crowley
Cummings
Daines
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DelBene
DeSantis
Deutch
Doggett
Duffy
Duncan (SC)
Edwards
Ellison
Eshoo
Farr
Foxx
Frankel (FL)
Fudge
Gabbard
Garamendi
Gibson
Gohmert
Grayson
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Herrera Beutler
Higgins
Honda
Hoyer
Huffman
Huizenga (MI)
Israel
Jeffries
Johnson (GA)
Jordan
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kirkpatrick
Kuster
Labrador
Langevin
Larsen (WA)
Lee (CA)
Levin
Lewis
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lynch
Maffei
Maloney, Carolyn
Markey
Matsui
McClintock
McDermott
McGovern
Meadows
Meeks
Meng
Miller (FL)
Miller, George
Moore
Mulvaney
Murphy (FL)
Nadler
Napolitano
Neal
Neugebauer
Nolan
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Petri
Pingree (ME)
Pocan
Polis
Pompeo
Price (NC)
Quigley
Rangel
Ribble
Rice (SC)
Rohrabacher
Roybal-Allard
Royce
Ruiz
Ruppersberger
Rush
Ryan (OH)
Salmon
Sanchez, Linda T.
Sanchez, Loretta
Sanford
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schweikert
Scott, David
Sensenbrenner
Serrano
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Velazquez
Walden
Walz
Wasserman Schultz
Waters
Waxman
Welch
Woodall
Yarmuth
Yoder
Yoho
Young (FL)
NOES--250
Aderholt
Alexander
Amodei
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Bentivolio
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Black
Blackburn
Bonamici
Bonner
Boustany
Brady (PA)
Brady (TX)
Bridenstine
Brooks (IN)
Broun (GA)
Brown (FL)
Bucshon
Bustos
Butterfield
Calvert
Camp
Cantor
Capito
Carson (IN)
Carter
Cassidy
Castro (TX)
Chabot
Cleaver
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Cook
Cooper
Costa
Cotton
Courtney
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Davis, Rodney
DeLauro
Denham
Dent
DesJarlais
Diaz-Balart
Dingell
Doyle
Duckworth
Duncan (TN)
Ellmers
Engel
Enyart
Esty
Farenthold
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Franks (AZ)
Frelinghuysen
Gallego
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gingrey (GA)
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Himes
Hinojosa
Holding
Hudson
Huelskamp
Hultgren
Hurt
Issa
Jackson Lee
Jenkins
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Joyce
Kelly (PA)
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
LaMalfa
Lamborn
Lance
Lankford
Larson (CT)
Latham
Latta
Lipinski
LoBiondo
Loebsack
Long
Lucas
Luetkemeyer
Lujan, Ben Ray (NM)
Lummis
Maloney, Sean
Marchant
Marino
Massie
Matheson
McCarthy (CA)
McCaul
McCollum
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meehan
Messer
Mica
Michaud
Miller (MI)
Miller, Gary
Moran
Mullin
Murphy (PA)
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Pastor (AZ)
Paulsen
Pearce
Perlmutter
Perry
Peters (CA)
Peters (MI)
Peterson
Pittenger
Pitts
Poe (TX)
Posey
Price (GA)
Radel
Rahall
Reed
Reichert
Renacci
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Runyan
Ryan (WI)
Scalise
Schock
Schwartz
Scott (VA)
Scott, Austin
Sessions
Sewell (AL)
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Veasey
Vela
Visclosky
Wagner
Walberg
Walorski
Watt
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Young (AK)
Young (IN)
NOT VOTING--10
Barton
Campbell
Grimm
Holt
Horsford
Hunter
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Shimkus
{time} 2204
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment Offered by Mr. Chabot
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Ohio (Mr.
Chabot) 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.
[[Page H4365]]
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 147,
noes 273, not voting 14, as follows:
[Roll No. 343]
AYES--147
Amash
Amodei
Bachmann
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Brady (TX)
Bridenstine
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Carter
Chabot
Chaffetz
Coble
Coffman
Collins (GA)
Conaway
Cook
Cramer
Culberson
Daines
Davis, Rodney
DeSantis
Doggett
Duffy
Duncan (SC)
Ellmers
Farenthold
Flores
Forbes
Foxx
Franks (AZ)
Gardner
Garrett
Gingrey (GA)
Gohmert
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Hall
Harris
Hartzler
Heck (NV)
Hensarling
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hurt
Issa
Jenkins
Johnson, E. B.
Johnson, Sam
Jones
Jordan
King (IA)
Kingston
Kline
Labrador
LaMalfa
Lamborn
Lankford
Latta
Long
Luetkemeyer
Lummis
Marchant
Massie
Matheson
McCaul
McClintock
McKeon
McMorris Rodgers
Messer
Mica
Miller (FL)
Miller (MI)
Mullin
Mulvaney
Neugebauer
Noem
Nugent
Olson
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Price (GA)
Radel
Renacci
Ribble
Rice (SC)
Rigell
Rohrabacher
Rokita
Ros-Lehtinen
Roskam
Ross
Royce
Ryan (WI)
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Smith (MO)
Smith (NE)
Smith (TX)
Southerland
Stewart
Stockman
Stutzman
Thornberry
Tiberi
Tipton
Upton
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Westmoreland
Williams
Wilson (SC)
Wittman
Woodall
Yoder
Yoho
Young (FL)
Young (IN)
NOES--273
Aderholt
Alexander
Andrews
Bachus
Barber
Barletta
Barr
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Black
Blackburn
Blumenauer
Bonamici
Bonner
Boustany
Brady (PA)
Braley (IA)
Brooks (AL)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Cantor
Capito
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Cassidy
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Collins (NY)
Connolly
Conyers
Cooper
Costa
Cotton
Courtney
Crawford
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DesJarlais
Deutch
Dingell
Doyle
Duckworth
Duncan (TN)
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Fincher
Fitzpatrick
Fleischmann
Fleming
Fortenberry
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gerlach
Gibbs
Gibson
Goodlatte
Grayson
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grijalva
Guthrie
Gutierrez
Hahn
Hanabusa
Hanna
Harper
Hastings (FL)
Hastings (WA)
Heck (WA)
Herrera Beutler
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson (OH)
Joyce
Kaptur
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Kildee
Kilmer
Kind
King (NY)
Kinzinger (IL)
Kirkpatrick
Kuster
Lance
Langevin
Larsen (WA)
Latham
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Marino
Markey
Matsui
McCarthy (CA)
McCollum
McDermott
McGovern
McHenry
McIntyre
McKinley
McNerney
Meadows
Meehan
Meeks
Meng
Michaud
Miller, Gary
Miller, George
Moore
Moran
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Nolan
Nunes
Nunnelee
O'Rourke
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Posey
Price (NC)
Quigley
Rahall
Rangel
Reed
Reichert
Richmond
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rooney
Rothfus
Roybal-Allard
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schock
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Speier
Stivers
Swalwell (CA)
Takano
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tierney
Titus
Tonko
Tsongas
Turner
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wenstrup
Whitfield
Wilson (FL)
Wolf
Womack
Yarmuth
Young (AK)
NOT VOTING--14
Campbell
Cole
Crenshaw
Diaz-Balart
Grimm
Holt
Horsford
Hunter
Larson (CT)
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Schrader
Shimkus
{time} 2207
So the amendment was rejected.
The result of the vote was announced as above recorded.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
This Act may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2014''.
Mr. FRELINGHUYSEN. Mr. Chairman, I move that the Committee do now
rise and report the bill back to the House with sundry amendments, with
the recommendation that the amendments be agreed to and that the bill,
as amended, do pass.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mrs.
Capito) having assumed the chair, Mr. Chaffetz, 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. 2609)
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2014, and for other
purposes, directed him to report the bill back to the House with sundry
amendments adopted in the Committee of the Whole, with the
recommendation that the amendments be agreed to and that the bill, as
amended, do pass.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment reported from the
Committee of the Whole? If not, the Chair will put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. SCHNEIDER. Madam Speaker, I have a motion to recommit at the
desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. SCHNEIDER. I am opposed.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Schneider moves to recommit the bill H.R. 2609 to the
Committee on Appropriations with instructions to report the
same back to the House forthwith with the following
amendment:
Page 3, line 4, after the dollar amount, insert
``(increased by $650,000)''.
Page 3, line 16, after the dollar amount, insert
``(increased by $3,000,000)''.
Page 6, line 15, after the dollar amount, insert
``(increased by $7,000,000)''.
Page 22, line 5, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 28, line 10, after the dollar amount, insert
``(reduced by $12,650,000)''.
Page 29, line 2, after the dollar amount, insert ``(reduced
by $12,650,000)''.
Mr. SCHNEIDER (during the reading). Madam Speaker, I ask unanimous
consent to suspend reading of the motion.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
The SPEAKER pro tempore. The gentleman from Illinois is recognized
for 5 minutes.
Mr. SCHNEIDER. Madam Speaker, this is the final amendment to the
bill, which will not kill the bill or send it back to committee. If
adopted, the bill will immediately proceed to final passage, as
amended.
I rise to offer this motion to recommit to ensure, first, that the
Great Lakes and the Mississippi River are protected from the continued
threat of invasive species, including and particularly taking practical
steps to address the threat of Asian carp to our fishing, tourism, and
navigation on our Nation's inland waterways.
[[Page H4366]]
Second, that we provide the resources necessary to combat invasive
aquatic plant growths that threaten our national fisheries, wildlife,
and communities.
Third, that we continue to fund efforts for our coastal communities
to help them fully recover from natural disasters, while at the same
time proactively prioritizing efforts being made to mitigate future
threats to human life and property.
Madam Speaker, the underlying bill represents a historic divestment
in American infrastructure, jobs, and energy research.
Instead of prioritizing investments that will safeguard our
communities and improve our Nation's navigable waterways, this bill
overemphasizes several outdated defense budget expenditures at the
expense of making meaningful, forward-looking investments to grow our
economy and contribute positively to our environment.
We must not use the guise of fiscal prudence as an excuse to block
important investments in alternative energy and basic physical energy
research which benefits all sectors of our economy or to block
important investments in infrastructure projects to improve our inland
waterways and mitigate the potentially devastating consequences of
natural disasters or to block investment in weatherization assistance
to help our most vulnerable populations.
This bill constitutes a generational abandonment of our communities
and children who will have to face the stark reality of the decisions
made here today, including a significant rollback of the Clean Water
Act.
The proposed amendment does not address all of the concerns I have
with the underlying bill, but it will at least help to improve the bill
moving forward. Specifically, Asian carp continue to deplete fish
stocks and degrade local ecological balance, and must be addressed by a
holistic government approach that partners with States to utilize best
practices.
This amendment would encourage these partnerships with the States
while providing funding that can meaningfully address and prevent the
outbreak of this invasive species.
{time} 2215
Similarly, the influx of pollution and runoff to our waterways has
contributed to an overabundance of aquatic plant life, such as algae
blooms in Lake Erie, that choke vital nutrients from our natural
ecosystems.
This amendment takes a more practical approach to limiting the causes
of this overgrowth, improving our water quality.
The underlying bill also fails to adequately address the continuing
needs of coastal communities adversely affected by flooding and other
natural disasters.
This amendment would aid in addressing critical vulnerabilities of
communities facing severe economic impact from flooding, while
prioritizing projects that will help safeguard human life.
Lastly, but very significantly, this amendment would strengthen the
current cooperative energy research being performed between the United
States and the State of Israel. For almost two decades, we have
partnered with Israel in developing scientific, business, and research
relationships that contribute positively to the energy sectors of both
the U.S. and Israel. This amendment continues that long partnership and
capitalizes on our joint research capacities to identify emerging
technologies and best practices for manufacturing while efficiently
utilizing taxpayer money to continue to strategically benefit both of
our nations.
Madam Speaker, the essential provisions of this amendment will only
improve the underlying bill, contributing significantly to American job
growth, the safety of our communities, and protecting our vital natural
resources. I strongly urge my colleagues to support these commonsense
changes.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Madam Speaker, I rise in opposition to the motion
to recommit.
The SPEAKER pro tempore. The gentleman from New Jersey is recognized
for 5 minutes.
Mr. FRELINGHUYSEN. The House has worked its will over the past 2
days, and dozens of amendments have been considered in a very open and
amicable process. This bill strengthens national security, fosters a
stronger economy, and maintains important infrastructure that keeps
American open for business and promotes job opportunities.
And we do all of this while making some tough, but smart, funding
decisions, saving taxpayers $2.9 billion over last year's enacted
level. We have just 2\1/2\ months left before the end of the year. This
is the time to act. Now is the time to pass our government funding
bills. I urge my colleagues to vote against the motion to recommit and
to support the bill.
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
Mr. SCHNEIDER. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 5-minute vote on the motion to recommit will be followed by 5-
minute votes on the passage of the bill and approval of the Journal, if
ordered.
The vote was taken by electronic device, and there were--ayes 195,
noes 230, not voting 9, as follows:
[Roll No. 344]
AYES--195
Andrews
Barber
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Markey
Matheson
Matsui
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NOES--230
Aderholt
Alexander
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
[[Page H4367]]
Griffith (VA)
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hoyer
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--9
Campbell
Grimm
Holt
Horsford
Hunter
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Shimkus
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 2223
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
Under clause 10 of rule XX, the yeas and nays are ordered.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 227,
nays 198, not voting 9, as follows:
[Roll No. 345]
YEAS--227
Aderholt
Alexander
Bachmann
Bachus
Barletta
Barr
Barrow (GA)
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Frelinghuysen
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Gene
Griffin (AR)
Griffith (VA)
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Pastor (AZ)
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Rahall
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sessions
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tipton
Turner
Upton
Valadao
Vela
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (FL)
Young (IN)
NAYS--198
Amash
Amodei
Andrews
Barber
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Franks (AZ)
Fudge
Gabbard
Gallego
Garamendi
Gibson
Grayson
Green, Al
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (NV)
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Markey
Massie
Matheson
Matsui
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Nadler
Napolitano
Neal
Nolan
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Sensenbrenner
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tiberi
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--9
Campbell
Grimm
Holt
Horsford
Hunter
McCarthy (NY)
Negrete McLeod
Rogers (MI)
Shimkus
{time} 2231
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________