[Congressional Record (Bound Edition), Volume 151 (2005), Part 5]
[House]
[Pages 7293-7307]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       ENERGY POLICY ACT OF 2005

  The SPEAKER pro tempore. Pursuant to House Resolution 219 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. 6.

                              {time}  1959


                     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. 6) to ensure jobs for our future with secure, 
affordable, and reliable energy, with Mr. Simpson (Acting Chairman) in 
the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, amendment No. 10 printed in House Report 109-49 offered by the 
gentleman from Michigan (Mr. Dingell) had been disposed of.


                 Amendment No. 9 Offered by Mr. Waxman

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

       Amendment No. 9 offered by Mr. Waxman:
       At the end of title I, add the following new subtitle and 
     make the necessary conforming changes in the table of 
     contents:

                 Subtitle E--Plan to Reduce Oil Demand

     SEC. 151. PRESIDENTIAL ACTIONS.

       (a) Proposed Actions.--For purposes of reducing waste of 
     oil and decreasing demand for foreign oil, not later than 6 
     months after the date of enactment of this Act, appropriate 
     Federal Departments and agencies, as identified by the 
     President, shall propose voluntary, regulatory, and other 
     actions sufficient to reduce demand for oil in the United 
     States by at least 1.0 million barrels per day from projected 
     demand for oil in 2013.
       (b) Request to Congress.--If the President determines that 
     the Departments and agencies referred to in subsection (a) 
     lack authority or funding to implement the actions proposed 
     under subsection (a), the President shall request the 
     necessary authority or funding from Congress no later than 9 
     months after the date of enactment of this Act.
       (c) Final Actions.--No later than 12 months after the date 
     of enactment of this Act, the Departments and agencies 
     referred to in subsection (a) shall finalize the actions 
     proposed pursuant to subsection (a) for which they have 
     authority and funding.
       (d) Presidential Determination.--The Departments and 
     agencies referred to in subsection (a) may finalize 
     regulatory and other actions pursuant to subsection (c) that 
     achieve demand reductions less than the demand reduction 
     specified in subsection (a) if the President, after public 
     notice and opportunity for comment, determines that there are 
     no practical opportunities for the nation to further reduce 
     waste of oil.
       (e) CAFE.--Nothing in this section shall mandate any 
     changes in average fuel economy standards (``CAFE'' 
     standards) prescribed under chapter 329 of title 49 of the 
     United States Code.

  The Acting CHAIRMAN. Pursuant to House Resolution 219, the gentleman 
from California (Mr. Waxman) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California (Mr. Waxman).

                              {time}  2000

  Mr. WAXMAN. Mr. Chairman, I yield myself such time as I may consume.
  Before I discuss the merits of this amendment that I seek to offer, I 
want to extend my appreciation to the Chairman of the Committee on 
Energy and Commerce, the gentleman from Texas (Mr. Barton), for his 
courtesy to me in allowing me to offer this amendment. I hope that I 
can convince him and my colleagues to support this amendment.
  A balanced energy bill should not just be production of more energy, 
but it should be conservation, reduction of the demand side of the 
equation, and I feel that the legislation is lacking in that regard. 
What my amendment would seek to do is to reduce the amount of oil that 
is wasted every single year.
  Let me tell my colleagues what the amendment does not do. It does not 
mandate anything. It does not mandate an increase in the CAFE standards 
for automobiles, although I think that is a good idea, but we do not 
mandate it. It does not mandate any new, burdensome regulations or 
expensive technologies, and it does not force Americans to change their 
personal habits. It simply calls on the President to come up with a 
plan to lead in an effort to reduce the waste of oil.
  Now, in this House, even this is controversial, as amazing as it may 
seem. This seems to be the only place in America where trying not to 
waste oil is a bad thing. The other body voted on this very same 
amendment, and they voted to accept it 99 to 1.
  Now, I know we are going to hear in a minute that this is a back-door 
way to impose new standards or regulations. That is nonsense. The 
amendment only asks the President to come up with some ideas for not 
wasting oil, and there are a lot of different things that can be done: 
keeping tires properly inflated, improving air traffic management, 
ensuring that we reduce heavy truck idling, use fuel-efficient engine 
oil, weatherize homes that use heating oil.
  Now, all that we have to have the President do is to come up with 
ideas and to appeal to the American people on a patriotic basis that 
they simply should be more conscious of the waste and perhaps shut off 
their cars when they run into a Starbucks. I have no doubt the American 
people would respond.
  It worked in California. When we had our energy crisis a few years 
ago, we had a real energy crunch, and the people in California pitched 
in and, almost overnight, reduced energy waste by 4 to 10 percent, 
depending on whose numbers you accept. Overnight, with no preparation, 
California achieved the small reduction that this amendment calls for. 
That is the least we can do.
  This legislation that is before us overall is going to increase the 
amount of oil we are going to have to bring in from the Middle East. We 
are going to be more and more dependent. For our national security's 
sake, we ought to simply reduce some of the waste in oil that goes on 
every single year.
  I am particularly struck that at a time when we have so many brave 
American men and women serving overseas, willing to sacrifice 
everything for us, we may not be able to muster the political will to 
ask the American people to chip in a little and reduce the waste of 
oil.
  If we defeat this amendment, we are waving the white flag. We are 
waving that white flag to surrender to the oil companies and the other 
special interests. We will be saying we simply will not even try. The 
greatest country in the world cannot even find the will to achieve 
small reductions in the waste of oil. I do not think that is the 
message we want to send.
  I would ask that my colleagues support this. This is a minimal step. 
It is common sense. At least it can put us on the side of trying to 
reduce waste. The President is simply called on to exert that 
leadership to come up with a plan. If he does not think he can do it, 
well, he does not have to do it. But if he has some ideas, let us try 
to do at least the minimum we can do to reduce

[[Page 7294]]

the waste of oil that is causing us to bring in and use, and in fact 
overuse, oil that we have to bring in from overseas.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BARTON of Texas. Mr. Chairman, I rise in opposition to the 
amendment, and I yield myself such time as I may consume.
  It may seem odd that I would ask the House to rise to give the 
gentleman the right to offer an amendment that I am going to oppose, 
but I think it is worthy of debate. We had a debate in the Committee on 
Energy and Commerce on this amendment, and I glanced at it, and it 
appears to be the identical amendment.
  Is it the identical amendment from the Committee on Energy and 
Commerce?
  Mr. WAXMAN. Mr. Chairman, will the gentleman yield?
  Mr. BARTON of Texas. I yield to the gentleman from California.
  Mr. WAXMAN. Mr. Chairman, yes, it is.
  Mr. BARTON of Texas. It looked to me like it was. We had a good 
debate on it there and it was rejected, and I honestly hope that the 
House does the same.
  Mr. Chairman, I want to read a part of the amendment. It says under 
section 151, ``Presidential actions. For purposes of reducing waste of 
oil and decreasing demand for foreign oil, not later than 6 months 
after the date of enactment of this act, appropriate Federal 
departments and agencies identified by the President shall propose 
voluntary, regulatory, and other actions,'' other actions, ``sufficient 
to reduce the demand for oil in the United States by at least 1 million 
barrels per day from projected demand for oil in 2013.''
  Now, let us go through that. The gentleman is stating that we are 
wasting oil. I guess when I hop in my pickup truck to go to the store 
to get some milk, then I am wasting gasoline. But my wife does not 
think I am wasting it, my children or stepchildren do not think I am 
wasting it when they get to drink the milk that I go get, but I guess 
maybe we are. So I do not know how we would identify this waste, but I 
assume there would be some Federal commission that could identify the 
waste of oil.
  Of course, it talks about decreasing the demand for foreign oil. 
Well, oil is oil. We do get about 14 million barrels a day from 
overseas, and God bless us that we do. Our economy would come to a halt 
if we did not. So I am not sure how we would work on that.
  It talks about being voluntary, regulatory, but then it says ``other 
actions.'' ``Other'' could be mandatory. ``Other'' could be whatever 
the President of the United States says it is.
  But the gentleman from California goes on to say, in subsection B, 
``If the President determines that the departments and agencies lack 
the authority or funding to implement the actions proposed,'' in the 
section I just read, ``then the President should come to the Congress 
and request the necessary authority.''
  Now, here we have an economy that in the last year in the United 
States, demand for energy has gone up, not down. The price of gasoline 
in nominal dollars has doubled in the last year. Demand has gone up 2 
percent. We have doubled the price and demand has gone up. But yet, 
somehow, the gentleman from California (Mr. Waxman) thinks if we accept 
this amendment, that we are going to be able to wave some magic wand at 
the presidential level, and maybe at the congressional level, and 
reduce demand for oil by 1 million barrels.
  We are only producing around 7 or 8 million barrels a day 
domestically, but somehow, just by having a group hug in the Federal 
agencies, we are going to find a way to reduce demand by 1 million 
barrels.
  I do not think it is going to work that way. We can emote all we 
want, but we have a growing economy, a growing population, and we are 
probably going to continue to need more oil, not less. So the way to do 
it is to find ways to produce more and to find real-world ways to 
consume less and get more bang for the buck.
  This amendment does not get us there, with all due respect. I hope we 
would oppose it. I strongly support the gentleman's right to offer it, 
but I just as strongly support my right to oppose it, and I hope at the 
appropriate time the House will vote ``no'' on the Waxman amendment.
  Mr. Chairman, I reserve the balance of my time.
  The Acting CHAIRMAN (Mr. Simpson). The gentleman from California has 
30 seconds remaining.
  Mr. WAXMAN. Mr. Chairman, I yield myself the remaining time.
  This only calls on the President to come up with some ideas talking 
to the people that are heading up his agencies. If he thinks he needs 
legislative authority, he should ask for it. But at least it makes him 
focus on not wasting oil, and there is a lot of waste that goes on. And 
the President can simply appeal to people: tune up your motors, promote 
oil savings in the industrial sector, keep vehicles properly tuned, 
improve the tire inflations, improve air traffic management. Some of 
these small things can add up to savings, and the savings we call for 
are the savings based on projections of future oil.
  I ask for an ``aye'' vote.
  Mr. BARTON of Texas. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. Waxman).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. WAXMAN. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
(Mr. Waxman) will be postponed.
  It is now in order to consider Amendment No. 11 printed in House 
report 109-49.


              Amendment No. 11 Offered by Mr. Abercrombie

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

       Amendment No. 11 offered by Mr. Abercrombie:
       In title II, subtitle A, add at the end the following new 
     section:

     SEC. 209. SUGAR CANE ETHANOL PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Program.--The term ``program'' means the Sugar Cane 
     Ethanol Pilot Program established by subsection (b).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Establishment.--There is established within the 
     Department of Energy a program to be known as the ``Sugar 
     Cane Ethanol Pilot Program''.
       (c) Project.--
       (1) In general.--In carrying out the program, the Secretary 
     shall establish a pilot project that is--
       (A) located in the State of Hawaii; and
       (B) designed to study the creation of ethanol from cane 
     sugar.
       (2) Requirements.--A pilot project described in paragraph 
     (1) shall--
       (A) be limited to the production of ethanol in Hawaii in a 
     way similar to the existing program for the processing of 
     corn for ethanol to show that the process can be applicable 
     to cane sugar;
       (B) include information on how the scale of projection can 
     be replicated once the sugar cane industry has site located 
     and constructed ethanol production facilities; and
       (C) not last more than 3 years.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $8,000,000, to 
     remain available until expended.

  The Acting CHAIRMAN. The gentleman from Hawaii (Mr. Abercrombie) and 
a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Hawaii (Mr. Abercrombie).
  Mr. ABERCROMBIE. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I do not believe, if the gentleman from Texas (Mr. 
Barton) would corroborate here, that there is going to be opposition to 
this amendment.
  Mr. BARTON of Texas. Mr. Chairman, will the gentleman yield?
  Mr. ABERCROMBIE. I yield to the gentleman from Texas.

[[Page 7295]]


  Mr. BARTON of Texas. Mr. Chairman, I am supportive, but my 
understanding is that the gentleman from Arizona is going to be 
nonsupportive.
  Mr. ABERCROMBIE. Well, he has not heard me speak yet.
  Mr. BARTON of Texas. Hopefully, the gentleman from Hawaii and I, 
together, can overcome him. I do support the gentleman's amendment at 
the appropriate time.
  Mr. ABERCROMBIE. Mr. Chairman, the sheer weight of logic plus our 
considerable mutual charm I think has some hope in that direction.
  Mr. Chairman, I rise today in favor of this amendment. Please allow 
me to say two things before I proceed. First, I want to express my 
gratitude to the gentleman from Texas (Mr. Barton) and to the gentleman 
from California (Mr. Pombo) and their committee staffs. Believe me, a 
lot of work went into this in the midst of all of the other pressures 
of various other items that were before them. This means a great deal.
  In every one of these bills, particularly in this energy bill, people 
have things to which they are deeply committed, including my good 
friend, the gentleman from Arizona (Mr. Flake), with respect to both 
the philosophy involved and what the consequences might be from any 
given item.
  Now, in the great scheme of things, this might not seem like a lot to 
a lot of people, but for those of us who understand what it is, if we 
can actually grow our own renewable energy with sugarcane in the form 
of biomass can actually provide by being converted to ethanol. That is 
why this is here.
  I am not certain, and the gentleman from Hawaii (Mr. Case) will speak 
shortly about it too, as to whether there are larger, logistical issues 
involved or political issues. But I can tell my colleagues this: 
Whatever arguments there are out there about whether sufficient time or 
funds are being committed to renewable energy, alternative energy, this 
is something that we can do. And this is something where we are getting 
support from the oil and gas companies in Texas, in Louisiana.
  Hawaii and Florida can join in, because we are growing sugarcane, 
sugarcane can become ethanol, ethanol can help reduce the dependency on 
oil and gas. And we can work with the oil and gas companies to see to 
it that we have blends that will allow us to reduce our dependency on 
foreign oil, on foreign sources. That is what this is about.
  We can grow our own energy in Hawaii if we get the chance to do this. 
And the gentleman from Texas (Mr. Barton) and the gentleman from 
California (Mr. Pombo) have recognized this. They are going to give us 
the chance, and if this works, I am in contact with people, for 
example, like at Southern University in Louisiana, just speaking with 
them tonight, with the idea that perhaps we can take the sugarcane 
industry, and instead of always having to be in the position of having 
to defend ourselves against wage slavery around the rest of the world, 
that we will be able to have good jobs, good income in the United 
States of America, and be growing our own energy.
  That is what this is about, and that is why I ask for the support of 
my colleagues on this.
  Mr. BARTON of Texas. Mr. Chairman, will the gentleman yield?
  Mr. ABERCROMBIE. I yield to the gentleman from Texas.
  Mr. BARTON of Texas. Mr. Chairman, I support the amendment, and I 
strongly encourage the majority to support it, and we will work with 
the gentleman in conference to maintain it if he will promise to work 
with his Hawaiian Senators to get them to do that also.
  Mr. ABERCROMBIE. I will do that, Mr. Chairman.
  Mr. BARTON of Texas. I am in support of the Abercrombie amendment and 
hope that the House accepts it.
  Mr. ABERCROMBIE. Mr. Chairman, this is a very, very big opportunity 
and challenge for us that I think we will be able to meet.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  2015

  Mr. FLAKE. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN (Mr. Simpson). The gentleman from Arizona (Mr. 
Flake) controls 5 minutes.
  Mr. FLAKE. Mr. Chairman, I yield myself such time as I may consume.
  I rise today in opposition to the sugar cane ethanol pilot program. 
This proposal, the problem with it is that it combines two programs, 
and both waste taxpayer money.
  First, the sugar subsidy artificially raises the price of sugar that 
you buy every day. Whenever you eat a candy bar or drink a can of 7-Up, 
you are paying more because the government artificially raises the 
price of sugar.
  Now, if you want to raise the cost of gas by forcing taxpayers to put 
fuel mixed with processed subsided sugar in your tank, it just seems 
strange in this bill, because I thought the purpose of this bill was 
actually to lower the cost of energy.
  Second, ethanol is simply another taxpayer subsidy that could only 
find support in Congress, certainly not in the marketplace. Study after 
study demonstrates that it actually uses more energy to produce than it 
actually yields at the end.
  And ethanol subsidies came about decades ago. It was just to jump-
start the industry. And soon it will be on it own; the market will take 
over. Well, guess what, decades later we are still subsidizing ethanol. 
Well, why in the world should we do this and turn this to sugar now?
  When grain-producing States have long found a way to keep ethanol 
alive, now sugar-producing States want into the act. My district has a 
great supply of prickly pear. Now, some people will eat it; it is sold 
at the airports. I would submit that is just as good a source of sugar 
for ethanol. If you use enough energy, you can turn anything into 
ethanol. But should we do it on the taxpayer's dime? I would say, no, 
we should not.
  Mr. ABERCROMBIE. If the gentleman will yield, I will be happy to 
bring in prickly pears.
  Mr. FLAKE. I enjoy it when the gentleman brings macadamia nuts into 
the committee; we enjoy those a lot. But I would not propose that we 
make ethanol out of it. It simply makes no sense at all to try to turn 
sugar, or for that matter corn, into gasoline.
  Additionally, those of us who oppose ethanol need to stand up today 
to oppose this amendment because what may seem like a small program 
now, once sugar States discover what corn States have discovered, it 
will become much, much bigger and spending will become more and more 
and more. 10 million will become 20 and then 30 and then soon it is 
hundreds of millions of dollars.
  This comes at the detriment of taxpayers who will pay more at the 
pump. Again, let me say that the purpose of this bill, the stated 
purpose, is during an energy crisis to bring down the cost of energy. 
And here we are employing programs that will simply make you pay, one, 
more at the pump, and, two, more in taxes because you are supporting 
this kind of subsidy.
  I thought it was kind of strange, when I was a kid the worse prank 
you could play, it was hardly a prank, it was property damage, but was 
to put sugar in someone's tank. That was the worst thing you could do. 
And here you are going to ask the taxpayers to pay for it. It just 
seems wrong to me.
  With all deference to my good friend from Hawaii, I just do not think 
that I can support this amendment. I am under no illusion, given the 
committee's support, the Republican's support for the amendment that I 
can beat it. But someone needs to stand up and say what this really is. 
It is another taxpayer subsidy that is going to raise the cost of 
energy.
  For that reason I oppose it. Let us keep sugar out of your gas tank.
  Mr. Chairman, I yield back the balance of my time.
  Mr. ABERCROMBIE. Mr. Chairman, will the gentleman from Arizona (Mr. 
Flake) yield his remaining time to me?
  The Acting CHAIRMAN. The gentleman from Hawaii (Mr. Abercrombie) has 
1\1/2\ minutes remaining.
  Mr. FLAKE. Mr. Chairman, I yield my remaining time to the gentleman 
from Texas (Mr. Barton).

[[Page 7296]]

  The Acting CHAIRMAN. Without objection, the gentleman from Texas (Mr. 
Barton) will control 1\1/2\ minutes.
  There was no objection.
  Mr. ABERCROMBIE. Mr. Chairman, I yield myself such time as I might 
consume.
  Might I just say for the edification of my good friend, the gentleman 
from Arizona (Mr. Flake), that when you take those two cans of Coke 
that you are talking about, just tell me whether the Diet Coke is 
cheaper than the other one that has sugar in it. I do not think so. You 
are not saving any money that way. That is not going to work.
  But I would be happy some other time perhaps to have a full blown 
discussion about this at another point.

       Chairman Dreier, Ranking Member Slaughter and the Members 
     of the Committee on Rules. I offer this amendment to H.R. 6 
     with the hope of reducing our nation's reliance on oil and 
     advancing our efforts in Hawaii to become more energy self-
     sufficient. This is philosophically consistent with other 
     provisions of H.R. 6 encouraging energy production.
       My amendment authorizes a 3-year demonstration program for 
     the production of ethanol from sugar cane in Hawaii. 
     Specifically, $8.0 million would fund a $1.00 per gallon 
     payment to refiners and 8.0 million gallons of ethanol fuel. 
     This pilot program would parallel the existing corn program 
     to show that the process can be applicable to cane sugar and 
     can be replicated on a larger scale.
       Nationally, the sugar cane industry is currently 
     formulating a program to process 700,000 tons of cane sugar 
     into ethanol. With a large domestic surplus of sugar, and the 
     possibility of additional imported sugar being allowed into 
     the domestic market through free trade agreements, a program 
     of such size would stabilize domestic markets and produce a 
     significant volume of ethanol.
       This pilot project will provide invaluable insight on 
     problems that may arise with a national program. The State of 
     Hawaii has passed a law that goes into effect on April 1, 
     2006, mandating a 10 percent ethanol blend for gasoline 
     consumption in the state. Oil refineries are building ethanol 
     storage and blending facilities in anticipation of meeting 
     the requirement. Locally produced ethanol would be less 
     expensive than importing the estimated 45 million gallons of 
     ethanol needed to fulfill the 10 percent requirement.
       Because of the relatively low domestic price of sugar, 
     Hawaii producers for some time been considering and now 
     planning ethanol production from the cane sugar that would 
     otherwise have gone into the domestic sugar market. The State 
     of Hawaii is prepared to take advantage of this within 
     months. However, this amendment is also supported by the 
     other sugar cane growers who would like to identify any 
     problems that might result from the large scale production of 
     sugar cane ethanol.
       This amendment was developed after the House Energy and 
     Commerce Committee completed its markup but the amendment has 
     been signed off by the majority side of the Energy Committee. 
     I urge my colleagues to allow floor debate on this 
     demonstration project and rule this amendment in order. Thank 
     you very much for your consideration.

  Mr. Chairman, I yield my remaining time to the gentleman from Hawaii 
(Mr. Case).
  The Acting CHAIRMAN. The gentleman from Hawaii is recognized for 1\1/
2\ minutes.
  Mr. CASE. Mr. Chairman, let me make four quick points on this 
amendment. First of all, I completely and wholeheartedly support it.
  Second, the credit for this amendment goes to my colleague and the 
senior Democrat, the gentleman from Hawaii (Mr. Abercrombie) who I 
thank. Since I have almost all of the agriculture in my particular 
district, this shows teamwork.
  Third, this morning, in Kahalui, Maui, the price of a premium gallon 
of gas was $2.98 per gallon. Across the street from that gas station, 
stands one of the most highest yield sugar plantations in the whole 
world, a sugar plantation that is threatened across the way, threatened 
across the board.
  If we can produce ethanol from that sugar plantation, we can kill a 
bunch of birds with one stone. We can preserve agriculture in this 
country. This is revolutionary. If we can produce meaningful energy 
from prickly pears, or whatever you want, from sugar, all power to it; 
it is going to work for all of us. If we can save the sugar industry by 
producing energy from the sugar industry, it will be good for us, and 
it will be good for many of the other issues that we care so much 
about. I urge adoption of this amendment.
  Mr. BARTON of Texas. Mr. Chairman, I yield 30 seconds of my minute 
and a half, which was Mr. Flake's minute and a half, to the gentleman 
from Arizona (Mr. Flake).
  Mr. FLAKE. Mr. Chairman, I thank the gentleman for yielding me the 
time. I just want to point out the cost of a can of 7-Up or Coke does 
cost more because we inflate the price of sugar.
  The cost of a candy bar, I believe, is four cents more than you would 
pay otherwise because of subsidized sugar prices.
  And the problem is what economists call concentrated benefits, 
diffuse costs. Nobody is going to come here to Washington to lobby 
against a subsidy that only costs them four cents; but, boy, the sugar 
industry, which reaps millions and millions of dollars in benefits from 
subsidized sugar is surely going to come to Washington, and that is why 
we are going to have this kind of amendment today.
  Mr. BARTON of Texas. Mr. Chairman, I yield 30 seconds to my good 
friend, the gentleman from New Mexico (Mr. Pearce).
  Mr. PEARCE. Mr. Chairman, I rise in support of the Abercrombie 
amendment. What we are engaged in today is just trying to find 
commonsense suggestions to really sustain the American way of life. 
Affordable energy, affordable agriculture are two things that sustain 
the American way of life.
  This accomplishes good work toward both. I will submit more comments 
for the Record. But I do want to support the amendment.
  Mr. Chairman, I rise today in support of the Abercrombie Amendment. 
This amendment will authorize a modest program to develop ethanol from 
sugar cane, which would be added to fuel in Hawaii to meet the EPA 
Clean Air Act requirements for oxygenated fuels. The State of Hawaii 
also mandated a 10 percent ethanol blend for gasoline in the state in 
order to improve the state's air quality.
  Hawaii must meet Federal standards for clean air by mandating clean 
burning fuel. Ethanol is currently the only acceptable ingredient to 
blend with gasoline to meet Clean Air Act requirements.
  Unfortunately for Hawaii the dominant crop is sugar instead of corn. 
If Hawaii grew corn, they would already be receiving tax credits for 
ethanol production like almost every other state in the nation. 
According to the Congressional Research Service the tax credits for 
ethanol production will total more than $1.4 billion. Congress annually 
provides tax credits, research funding and grants to turn rice straw, 
biomass, agriculture waste, woody debris and corn into ethanol.
  Congress is spending billions to increase our nation's production and 
consumption of ethanol from every source imaginable. Congress has 
decided ethanol production is worthwhile, and has provided at least $10 
billion in incentives and tax credits since 1978 when an alcohol tax 
exemption was made law. Congress should pass this amendment in order to 
have a consistent ethanol policy.
  Mr. Chairman, I urge passage of this amendment.
  Mr. BARTON of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  I just want to say that we are supporting all forms of energy. We 
accepted amendments in the committee for animal methane, livestock 
methane. This is a pilot program. It is a nominal amount of dollars. I 
honestly do not know whether sugar cane will be economical to turn into 
ethanol, but it is well worth the 3-year pilot program to see if it is.
  I actually hope that it is. I would want it to be successful. But 
this is a very, very small, nominal program. And I would also point out 
there are not many States that can grow sugar cane. Hawaii would be 
one. I guess Florida would be one. Perhaps Louisiana. Maybe even Texas, 
although I do not think we have.
  So I would hope we would support the Abercrombie amendment.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Hawaii (Mr. Abercrombie).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 12 
printed in House Report 10-94.


                 Amendment No. 12 Offered by Ms. Kaptur

  Ms. KAPTUR. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.

[[Page 7297]]

  The text of the amendment is as follows:

       Amendment No. 12 offered by Ms. Kaptur:
       In title III, subtitle A, add at the end the following new 
     section (and amend the table of contents accordingly):

     SEC. 305. STRATEGIC FUELS RESERVE.

       The Energy Policy and Conservation Act is amended--
       (1) in section 2(2) (42 U.S.C. 6201(2)), by striking 
     ``Strategic Petroleum Reserve'' and inserting ``Strategic 
     Fuels Reserve'';
       (2) in section 3 (42 U.S.C. 6202)--
       (A) in paragraph (8)(C), by striking ``petroleum products'' 
     each place it appears and inserting ``fuel products''; and
       (B) by adding at the end the following new paragraph:
       ``(11) The term `fuel products' means petroleum products 
     and alternative fuels, including ethanol and biodiesel.'';
       (3) in title I (42 U.S.C. 6212 et seq.) by striking 
     ``Strategic Petroleum Reserve'' each place it appears and 
     inserting ``Strategic Fuels Reserve'';
       (4) in part B of title I (42 U.S.C. 6231 et seq.)--
       (A) by striking ``petroleum products'' each place it 
     appears, including headings (and the corresponding items in 
     the table of contents), and inserting ``fuel products'';
       (B) by striking ``petroleum product'' each place it 
     appears, including headings (and the corresponding items in 
     the table of contents), and inserting ``fuel product''; and
       (C) by striking ``Petroleum products'' each place it 
     appears and inserting ``Fuel products'';
       (5) in section 165 (42 U.S.C. 6245)--
       (A) in paragraph (5), by striking ``of petroleum'' and 
     inserting ``of fuel''; and
       (B) in paragraph (7), by striking ``Petroleum Accounts'' 
     and inserting ``Fuel Accounts''; and
       (6) in section 167 (42 U.S.C. 6247)--
       (A) in the section heading (and the corresponding item in 
     the table of contents), by striking ``SPR Petroleum'' and 
     inserting ``SFR Fuel''; and
       (B) in subsection (a), by striking ``SPR Petroleum'' and 
     inserting ``SFR Fuel''.

  The Acting CHAIRMAN. Pursuant to House Resolution 219, the 
gentlewoman from Ohio (Ms. Kaptur) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Ohio (Ms. Kaptur).
  Ms. KAPTUR. Mr. Chairman, I yield myself such time as I may consume.
  The over-reliance of the United States on imported petroleum creates 
a major strategic vulnerability for our Nation, with nearly half the 
energy supply of our country now imported, and that reliance grows 
every day.
  My amendment has a goal of taking a small step toward energy 
independence in the following way: we have something called a Strategic 
Petroleum Reserve managed by the Department of the Interior, which has 
in that reserve about 700 million barrels of oil, allowing us to 
maintain a temporary shield from increased costs on oil.
  The purpose of my amendment only allows, it does not require, the 
Secretary of Energy the discretion of including ethanol, biodiesel, and 
other alternative fuels in the Strategic Fuel Reserve. So it takes the 
word ``petroleum'' out, although petroleum will remain the major fuel; 
but it offers some encouragement, albeit mild, to try to get us to 
think differently about a new future for our country.
  Every one of us has that responsibility, including the Secretaries of 
the Interior and Energy. This amendment is neutral. If the Secretary 
decided to secure alternative fuels, it would be paid for by the 
exchange or sale of crude oil from the existing reserve.
  Ethanol and other bio-based fuels are two of the ways in which 
America can truly become more self-sufficient in fuel production and 
usage. This chart shows, just over the last 20 years or so, our 
petroleum consumption and how much more of it is imported, to now well 
over half.
  It is projected in another 15 years our imported petroleum will rise 
to 75 percent. By 2050, most easily drawn-down reserves in the world 
will have been drawn down, not just by our country but by nations like 
China, for example, which are using more and more petroleum every year.
  We simply cannot live in the 20th century any more. It is now the 
21st century. If we look where we are importing our crude reserves, 
they are coming largely from the Middle East, followed by Mexico, 
Venezuela, Nigeria, many places that have difficulties politically.
  Increasing use of renewable fuels will result in significant economic 
benefits to our Nation as well. For example, biodiesel production is 
dramatically increasing, going from about 5 million gallons in 2001 to 
five times that much this past 2003.
  And Congress expanded the existing reserve in 2000 to include the 
Northeast Home Heating Oil Reserve. There is absolutely no reason that 
biodiesel cannot ultimately become part of that reserve and help us to 
transition off our increasing reliance on petroleum.
  The use of biofuels makes environmental sense, allowing us to better 
preserve our natural environment. Biodiesel, for example, contains no 
sulfur, or aromatics associated with air pollution, and the use of 
something like biodiesel provides a 78.5 percent reduction in 
CO2 emissions when compared to petroleum diesel.
  Currently the SPR, the reserve, contains a number of domestic and 
foreign crude oils, and those fuels are stored separately. Adding 
additional storage capacity for other fuels could be planned very 
easily by the Secretary of Energy and the Secretary of the Interior.
  The National Farmers Union, for example, is supporting this effort. 
People across this country really know America has to change. This is 
one small baby step. It is just encouraging language. It asks that 
those responsible for the current strategic reserve think more 
creatively, take the time to look at these alternative fuels, and help 
put America on a more energy-independent course.
  Without question, the farmers across this country need new value 
added; and with the price of oil skyrocketing, and it really will not 
go down, it has not gone down in the last 30 years if you look at the 
progression of oil pricing in the spot markets, for example. And now 
these fuels are competitive.
  There are many States taking the lead. Take Minnesota, take Iowa, 
take Nebraska, take the Dakotas. There are many places that have seen 
the future and are developing it. I think we here in Congress should 
respond to that inventiveness and that desire of the American people to 
invent their way to a new fuel future.
  And, in fact, when you come to my part of the country and you look 
across the fields, you can see part of America's future in the fields 
of the future, and fuels of the future that will be produced on them 
and are being produced on them more and more every day.
  Why should the Departments of Energy and the Interior not help us to 
move America forward. I would ask for favorable consideration of this 
amendment. And I thank the gentleman from Texas (Mr. Barton) for 
allowing the amendment and the Rules Committee for granting it.
  Mr. BARTON of Texas. Mr. Chairman, I rise in respectful opposition.
  The Acting CHAIRMAN. The gentleman from Texas (Mr. Barton) will 
control 5 minutes.
  Mr. BARTON of Texas. Mr. Chairman, I yield myself such time as I may 
consume. I think we have shown today, and we certainly have shown in 
committee, that the majority is looking for reasons to say yes to as 
many ideas and amendments as Members have, whether in the minority or 
the majority.
  So I have had every reason to try to find a way to say yes to the 
gentlewoman of Ohio's (Ms. Kaptur) amendment; but unfortunately I 
cannot, because it is just not practical.
  Oil in the crude state lasts indefinitely. You can store it 
underground for long periods of time. And if we ever need it, pump it 
out, refine it, and use it. These alternative fuels that the 
gentlewoman from Ohio's (Ms. Kaptur) amendment would refer to are 
refined and they have a much shorter shelf life, 30 days, 60 days, 90 
days.

                              {time}  2030

  If we accept the gentlewoman's amendment, it would become law. What 
we would create is a situation where we would be refining product that 
we would be putting into reserve that you would continually have to be 
changing. And so what you would do is just create another intermediate 
step in the marketplace because the strategic refined reserve would 
really never be permanent. You would always be changing it.

[[Page 7298]]

  In the case of ethanol, today ethanol is not put into the gasoline 
until it is ready to go to the service station because of its very 
short shelf life. So with ethanol you mix it with the gasoline and then 
you send it to the station, and then it is consumed immediately. So the 
ethanol reserve, I am not even sure if you could do that or not.
  So the intentions of the gentlewoman from Ohio (Ms. Kaptur) are 
certainly in the right direction, but this is an idea that is just not 
practical. I wish it were. If I thought it were, we would try to find a 
way to accept it, but I do not think it would be helpful, and so, 
reluctantly, I oppose it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. Chairman, how much time is remaining?
  The Acting CHAIRMAN (Mr. Simpson). The gentleman from Texas (Mr. 
Barton) has 3 minutes remaining.
  Mr. BARTON of Texas. Mr. Chairman, I yield 1 minute to the 
gentlewoman from Ohio (Ms. Kaptur) to close on her amendment.
  Ms. KAPTUR. Mr. Chairman, I thank the gentleman for yielding me time.
  If the gentleman and my colleagues could read the amendment, it does 
not prescribe any format for the Secretaries of Energy or Interior to 
use in creating this reserve. In fact, the reserve could actually be 
stored in the form of the raw material which is processed very easily 
and can be done immediately because the processing technology is on 
line.
  So it literally could be the type of Commodity Credit Corporation 
booking that we use for other grains in our country and other material 
that we use in refining of alcohol-based fuels. So it does not say to 
the Secretary that they have to buy it in this form or store it in a 
given form. They could actually store the grain and use the powers of 
the Commodity Credit Corporation, for example, to broker those 
reserves. But nonetheless it would be available in the country.
  We are talking about a process that actually is simpler than refining 
petroleum and refining crude and one that is much less dirty. So if I 
could beg the gentleman as we move towards conference, perhaps, I would 
like to move forward with this amendment in some form to find a manner 
in which it can work and with which the gentleman is comfortable.

                                       National Farmers Union,

                                                   April 19, 2005.
     Hon. Marcy Kaptur,
     House of Representatives,
     Washington, DC.
       Dear Congresswoman Kaptur: On behalf of the over 260,000 
     members of the National Farmers Union, we write in strong 
     support of your amendment to H.R. 6 which will establish 
     renewable fuel reserves as an important foundation to 
     lessening our dependence on foreign oil.
       Thanks to your leadership your legislation can help store 
     renewable fuels in case of possible future consumer 
     disruptions. We applaud your efforts and we want to work 
     closely with you on making this amendment part of H.R. 6.
       We look forward to working with you on this issue and 
     commend you for your dedication to renewable fuels.
           Sincerely,
                                            David J. Frederickson,
                                                        President.

  Mr. BARTON of Texas. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, I wish I could find a way to say ``yes.'' 
Unfortunately, I cannot.
  I think the underlying bill which has an authorization to increase 
the crude Strategic Petroleum Reserve and build it out to a billion 
barrels and also try to build some new refineries in this country, if 
we take those two things together, we will have the same effect as the 
gentlewoman's intent, which is to create the ability, if we ever need 
the SPR, to move the large amounts more quickly and to refine them more 
quickly and thus disrupt the American economy as little as possible.
  I continue to oppose the gentlewoman's amendment. I urge a ``no'' 
vote.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Ohio (Ms. Kaptur).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Ms. KAPTUR. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Ohio (Ms. 
Kaptur) will be postponed.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 13 
printed in House Report 109-49.


                Amendment No. 13 Offered by Mr. Conaway

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

       Amendment No. 13 offered by Mr. Conaway:
       In title III, subtitle B, add at the end the following new 
     section:

     SEC. 334. OIL, GAS, AND MINERAL INDUSTRY WORKERS.

       Congress recognizes that a critical component in meeting 
     expanded domestic oil and gas supplies is the availability of 
     adequate numbers of trained and skilled workers who can 
     undertake the difficult, complex, and often hazardous tasks 
     to bring new supplies into production. Years of volatility in 
     oil and gas prices, and uncertainty over Federal policy on 
     access to resources, has created a severe shortage of skilled 
     workers for the oil and gas industry. To address this 
     shortage, the Secretary of Energy, in consultation with the 
     Secretary of Labor, shall evaluate both the short term and 
     longer term availability of skilled workers to meet the 
     energy security requirements of the United States, addressing 
     the availability of skilled labor at both entry level and at 
     more senior levels in the oil, gas, and mineral industries. 
     Within twelve months of the date of enactment of this Act, 
     the Secretary of Energy, the Secretary of Labor, and the 
     Secretary of the Interior shall submit to Congress a report 
     with recommendations as appropriate to meet the future labor 
     requirements for the domestic extraction industries.

  The Acting CHAIRMAN. Pursuant to House Resolution 219, the gentleman 
from Texas (Mr. Conaway) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas (Mr. Conaway).
  Mr. CONAWAY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I offer this amendment to address what is a critical 
shortage of labor within the oil and gas industry and the mineral 
industries.
  Since 1999 there has been a significant drop in the number of jobs in 
the oil field. As the price of oil and natural gas have fluctuated, 
workers have come and gone in this industry. We are now at a point 
where we are at a critical shortage of workers across the spectrum, 
roughnecks, well service hands, pulling unit hands and others, as well 
as the technical engineers, geologists, geophysicists. They are key to 
continuing the search for domestic production.
  As an example, one community in my district, Kermit, Texas, in 1998-
1999 had some 9,000 people living there. As a result of the downturn in 
those years and the loss of jobs, that community now has 6,000 people 
living there. Even with the significant increases in the price of 
natural gas and crude oil that we are experiencing today, those people 
have not come back to Kermit, Texas. We are facing this critical 
shortage.
  My amendment would simply require the Energy Department, in 
consultation with the Interior Department as well as the Labor 
Department, to conduct a study of the impact that this shortage is 
having and to present possible solutions to the shortage.
  By way of trying to be a bit dramatic, each barrel of oil we import, 
each MCF of natural gas we import, adds to our trade deficit each and 
every day. The need to import a barrel of oil or the need to import an 
MCF of natural gas causes us to remain dependent on those foreign 
sources.
  I speak in favor of this amendment.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from New Mexico (Mr. Pearce), a former oil and gas company owner.
  Mr. PEARCE. Mr. Chairman, I thank the gentleman for yielding me time.
  I would support the amendment. As an oil and gas service company, we 
did not actually own oil and gas wells, but

[[Page 7299]]

we owned a company that repaired the wells. My wife and I faced the 
problem daily of where to find employees and how to retain those 
employees.
  In the 1999-2000 period, the price of oil fell to $6 for New Mexico 
type of oil. Revenues in service companies like ours fell to 20 percent 
of the original values. Although my wife and I were able to keep every 
employee for the duration of that period of time, about 11 months, 
many, many of the firms laid off 68 to 70 percent of their employees 
and gave pay cuts in the industry.
  That is the sort of cyclical thing that we face in the oil and gas 
industry, and now that the price has come back up, literally there are 
no workers to be had because they do not wanted to come back to a 
cyclical industry. We face limitations on production based on the lack 
of availability of labor.
  So I think that this important study should be done to find out where 
we can get labor, where we can get solutions to simply keep our oil 
fields working. The viability of our oil fields really is going to 
determine the price of natural gas and petroleum in this economy.
  I think the gentleman's amendment is well placed, and again, I would 
heartily endorse it and request Members to vote for it.
  Mr. CONAWAY. Mr. Chairman, I reserve the balance of my time.
  Mr. STUPAK. Mr. Chairman, I rise in opposition to the amendment.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Oklahoma (Mr. Boren).
  Mr. BOREN. Mr. Chairman, I rise in support of the Conaway amendment.
  I come from an energy State. I come from a State that produces oil 
and gas. It produces not only oil and gas, but it produces jobs for our 
local economy. And I rise in support of this amendment because it is a 
jobs amendment.
  In the 1980s and the 1990s we saw a great fluctuation in the price of 
oil and gas. We lost some jobs and some of those jobs never came back. 
Even though today we have higher oil and gas prices, some of those 
folks that were involved in the industry never came back. That tax base 
has been lost, and young people are not entering into the industry like 
they were before. They are not entering into the PLM programs, the 
programs that are so vital to our industry.
  So it is very important that we support this amendment so that we 
have more tool pushers, more roughnecks and more truck drivers in 
places like Oklahoma.
  I would ask each Member to vote for this amendment.
  Mr. CONAWAY. Mr. Chairman, I yield 1 minute to the gentleman from 
Texas (Mr. Barton), the chairman of the Committee on Energy and 
Commerce.
  The Acting CHAIRMAN. The gentleman from Texas (Mr. Conaway) has 2 
minutes remaining.
  Mr. BARTON of Texas. Mr. Chairman, I rise in support of the Conaway 
amendment. I think it adds to the bill. It is a study to ask the 
Department of Energy and the Department of Labor to see what the supply 
of labor is in the oil field industry, both in the short term and the 
long term.
  You hear stories that all the landmen have retired and the 
geophysicists have retired, and you even hear some stories that we do 
not have the roughnecks to go out and operate the rigs. There is a big 
natural gas plague going on in Texas right now. There is some oil 
production drilling going on.
  So I think this is a useful element, and I hope we would support it. 
I thank the gentleman from Midland, Texas (Mr. Conaway), for offering 
it.
  Mr. STUPAK. Mr. Chairman, I yield back the balance of my time.
  Mr. CONAWAY. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, I would like to close with one statistic. In 1981 there 
were some 1.6 million people employed in the oil and gas industry. 
Today, at the end of 2004, that number now just barely reaches 500,000. 
A dramatic decrease in the number of good, solid jobs in this economy 
and jobs in an industry that is clearly vital to our national interest.
  I encourage my colleagues to vote in favor of the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Conaway).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 14 
printed in House Report 109-49.


                     Amendment Offered by Ms. Solis

  Ms. SOLIS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows: folllows:

       Amendment No. 14 offered by Ms. Solis:
       Strike subtitle D of title III (relating to refinery 
     revitalization) and make the necessary conforming changes in 
     the table of contents.

  The Acting CHAIRMAN. Pursuant to House Resolution 219, the 
gentlewoman from California (Ms. Solis) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from California (Ms. Solis).
  Ms. SOLIS. Mr. Chairman, I yield myself such time as I may consume.
  Today I rise to offer my amendment to strike the refinery 
revitalization provisions in H.R. 6. The refinery revitalization 
provisions are the biggest environmental and public health injustices 
that the Congress and Bush administration can perpetrate on the 
American people. The bill would strip our States and communities and 
local air boards and other Federal agencies of existing authorities and 
give these authorities to the Department of Energy. The energy czar is 
then required to establish refinery revitalization zones in more than 
1,200 counties and, in each instance, can veto our States and 
communities.
  This language is crafted on false premises. In two separate letters 
in the summer and fall of 2004, the EPA stated that it was not aware of 
any pending permits under the public health laws we are undermining. 
According to the 2005 Energy Information Administration's annual energy 
outlook, refining capacity is expected to grow through 2025 under 
existing laws.
  The refinery revitalization provisions are opposed by a wide variety 
of groups. The following are 15 national entities representing public 
entities, health care entities and civil rights organizations:

       The National Association of Counties, the National 
     Conference of State Legislatures, the National League of 
     Cities, the U.S. Conference of Mayors, the Environmental 
     Council of States, the State and Territorial Air Pollution 
     Program Administrators, the Association of Local Pollution 
     Control Officials, the South Coast Air Quality Management 
     District in California, all major environmental and public 
     health groups including the League of Conservation Voters, 
     the National Hispanic Environmental Council, the National 
     Council of La Raza, and the League of United Latin American 
     Citizens.

  Most of the neighborhoods in refinery communities are low-income 
minority communities with the least availability to defend themselves 
from corporate pollution, and most are vulnerable to environmental and 
public health problems, yet are targets in this very language.
  More than 70 percent of Latinos and African Americans live in 
counties with dirty air. Latino children have asthma at a much higher 
rate than non-Latino children, and death rates from asthma among 
African Americans are 2.5 time higher than for whites. Yet this 
language would put the Department of Energy in charge of protecting our 
health.
  Perhaps before we harm the health of most underserved populations, 
before we strip States and communities of their rights to protect 
themselves, and before we turn a good part of this Nation into a 
refinery revitalization zone, perhaps we should have a real dialogue, 
that would have tremendous impacts in our communities, that would truly 
represent those concerns and voices we represent.
  I urge my colleagues to support my amendment to protect our 
communities and support the amendment to strike this egregious 
language.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BARTON of Texas. Mr. Chairman, I rise in opposition to the 
amendment.

[[Page 7300]]

  Mr. Chairman, we have not built a new refinery in the United States 
since 1976. Now, we have expanded some existing refineries, but we have 
closed dozens, if not hundreds, of small refineries.

                              {time}  2045

  We are importing refined product because we do not have the ability 
to meet our needs for refined petroleum products with our existing 
refinery base. Our refineries are operating at 95 percent capacity 
every day.
  Now, this amendment that the gentlewoman from California wants to 
strike would say that we are going to go out and do an inventory of 
existing refinery sites that have been closed or manufacturing sites 
that have been closed where there is high unemployment, high 
unemployment. So you have to have two things. You have to have an 
existing refinery site or a manufacturing site that is no longer in 
use, and you have to have very high unemployment.
  We think there are around 100 of those sites. I think the exact 
number is 96; and under this part of the bill, if a community wants to 
solicit a refinery, we set up an expedited procedure that is led by the 
Department of Energy where you can go and request all the number of 
permits. We do not waive any permit. We do not eliminate any permit.
  We are not mandating that anybody has to seek one of these, but I 
think it would be a positive to build 5, 6, 7 million barrels of new 
refinery capacity in this country using state-of-the-art technology so 
that we can meet 100 percent of our refined product needs, take some 
load off the existing refinery base, and, yes, create some jobs in 
America. I think that would be a good thing, not a bad thing.
  So I strongly oppose this amendment and would encourage all the other 
Members to oppose the amendment.
  Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. Gene 
Green).
  Mr. GENE GREEN of Texas. Mr. Chairman, I reluctantly rise in 
opposition because the gentlewoman from California (Ms. Solis) is a 
good member of our committee, and we work on lots of issues together.
  I represent a blue collar district. We have probably more refineries 
in the district I represent now than anyone else in the country and 
those are our jobs, are our tax base and what economic development we 
have, and they are blue collar jobs. They are minority jobs in our 
district.
  I am concerned, though, about what is happening in our country. We 
continually transfer our blue collar industrial capacity overseas. My 
concern is we are seeing the same thing happen whether it be with 
refineries or petrochemical plants just like we have seen with our 
textiles. It would not be very difficult to move a chemical plant to 
where they are still flaring natural gas or to have a refinery ship us 
refined product.
  That is why I think the provision of the bill is really good, and I 
think the amendment does a disservice maybe to our whole country 
because we need to expand our refining capacity, again, reopening 
those, make them get the permits, but also make sure that we keep those 
jobs in our country instead of moving overseas.
  Ms. SOLIS. Mr. Chairman, I would like to inquire how much time is 
remaining.
  The Acting CHAIRMAN (Mr. Simpson). The gentlewoman from California 
(Ms. Solis) has 2\1/2\ minutes remaining.
  Ms. SOLIS. Mr. Chairman, I yield 1\1/4\ minutes to the gentleman from 
Maine (Mr. Allen).
  Mr. ALLEN. Mr. Chairman, I thank the gentlewoman for yielding me 
time.
  Mr. Chairman, refinery emissions cause asthma. Since the refineries 
pose a threat to human health, they are regulated under the Clean Air 
Act; but this energy bill undermines EPA's ability to enforce clean air 
standards at refining facilities. The provision moves the task of 
environmental protection from the EPA to the Department of Energy where 
it does not belong.
  The bill would place the Secretary of Energy in charge of the 
permitting process, the official record and the only environmental 
review document. DOE is even given the power to issue permits which EPA 
and State governments have denied.
  EPA's three decades of expertise would be supplanted by an agency 
without experience enforcing the Clean Air Act. It may be time to 
expand existing refineries or build new ones, but EPA is not the 
problem. EPA has no outstanding refinery permit requests; and if there 
were a problem, there would be a backlog, and there is none.
  Putting DOE in charge will create more bureaucracy, not more 
refineries. EPA's Clean Air Act knowledge is an asset in expedited 
permitting, not a liability, because the DOE is much more likely to 
issue permits that will be struck down in court.
  Please vote for the Solis amendment.
  Mr. BARTON of Texas. Mr. Chairman, I yield myself the balance of the 
time.
  Again, I oppose the Solis amendment. I was at the White House earlier 
this week and was briefing the President on the energy bill that came 
out of the various committees; and when I mentioned this particular 
element, which I consider to be an important element of the bill, 
something that we did not have in last year's bill, his initial, off-
the-cuff reaction was, A, it was very good; and, B, could we add 
abandoned military bases.
  Obviously, it is not in order to change the amendment on the floor, 
but when we go to conference, if the President decides that the 
official position of the White House is to support the amendment plus 
add abandoned military bases, we will have a debate in the conference 
and hopefully add that.
  But the bottom line on this is we need more refinery capacity. We 
need it in this country. Why not put it at old refinery sites or old 
manufacturing sites where they have high unemployment and we can create 
some good jobs for America, and oh, yes, by the way, most of these jobs 
will be union jobs.
  I would urge a ``no'' vote on the Solis amendment. Let us vote for 
jobs in America.
  Mr. Chairman, I yield back my time.
  The Acting CHAIRMAN. The gentlewoman from California (Ms. Solis) has 
1\1/4\ minutes remaining.
  Ms. SOLIS. Mr. Chairman, I yield for a unanimous consent request to 
the gentleman from Ohio (Mr. Kucinich) to allow him to enter his 
statement into the Record.
  Mr. KUCINICH. Mr. Chairman, I enter my statement in the Record in 
support of the Solis amendment.
  Mr. Chairman, no one wants an oil refinery in their neighborhood. So 
in order to force one open, this bill encourages them to be established 
in neighborhoods with high unemployment or recent layoffs.
  The University of Texas and the Houston Chronicle studied the air 
near refineries in the Houston area. The paper wrote that they ``found 
the air . . . so laden with toxic chemicals that it was dangerous to 
breathe.'' Houston is not alone.
  Multiple penalties of hundreds of thousands of dollars for 
environmental violations have been handed to refineries so far this 
year. And we surely have not forgotten last month's BP refinery 
explosion that killed 15 people.
  Let's employ the unemployed but not at the expense of their families' 
health and well-being. That is kicking them when they're down.
  Ms. SOLIS. Mr. Chairman, I yield 1\1/4\ minutes to the gentleman from 
Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. Mr. Chairman, I thank the gentlewoman for yielding me 
time.
  I could well envision a procedure that would require the EPA to 
coordinate in a consultative process with the Department of Energy to 
resolve environmental issues, but the crafters of this bill have I 
would say knowing the gentleman from Texas not intentionally but 
unintentionally overreached. They extend this authority for the 
Secretary of Department of Energy to overturn a range of Federal laws.
  The Corps of Engineers regulates activities that would have adverse 
effect on navigable waters of the United States. Private parties could 
locate wharves, docks, other structures in the water that would 
obstruct commerce; but the Corps of Engineers has permitting authority 
that says, no, you cannot do that.

[[Page 7301]]

  With this language, the Secretary of Energy could throw out a century 
of regulatory authority, for example, in the case where a refinery has 
been denied a permit to build a structure in a navigable waterway. The 
applicant would appeal to the Secretary of Energy who would just simply 
overturn the corps.
  Refineries often are not located near navigable waterways to 
facilitate barge traffic. If the corps said, no, you are going to do 
something that is going to obstruct navigation, the Secretary of Energy 
could overturn the corps.
  I do not think that is intended, and this authority goes even further 
to FAA and other agencies under the jurisdiction of our committee. It 
should be defeated.
  Mr. CROWLEY. Mr. Chairman, I rise in strong support of the Solis 
amendment to the energy bill.
  This amendment ensures that the Federal laws and regulations that 
pertain to ensuring clean air and water and a solid quality of life for 
our constituents are not stripped out just because they or their 
community is facing some economic distress.
  Specifically, the Solis amendment would strip out language that 
cynically allows refineries to move into economically distressed 
communities, override Federal environmental laws, trample on local 
zoning laws and ignore community opposition to set up shop.
  The fact that this bill allows the oil companies to ride roughshod 
over those communities facing tough economic times is a travesty.
  Urban and rural communities facing tough times cannot and should not 
serve as dumping grounds for the oil industry.
  Just because a community is facing an economic downturn is no reason 
to say that population can now be exposed to refineries and their 
byproducts in their community--and that these people do not deserve the 
protections of the Clear Air Act as just one example.
  The House has the opportunity to strip out the special rights and 
ensure equal rights for all of our constituents.
  While I represent New York City and do not see any oil refineries 
planning to set up shop there any time soon, this amendment is an 
attack on all communities facing tough times and will lead to greater 
victimization of people suffering.
  Please support the Solis amendment and strip out the damaging special 
rights for refineries in this bill.
  The Acting CHAIRMAN. All time for debate on the amendment has 
expired.
  The question is on the amendment offered by the gentlewoman from 
California (Ms. Solis).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Ms. SOLIS. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from California 
(Ms. Solis) will be postponed.


          Sequential Votes Postponed In Committee Of The Whole

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments on which further proceedings were 
postponed, in the following order:
  amendment No. 14 by Ms. Solis of California;
  amendment No. 12 by Ms. Kaptur of Ohio;
  amendment No. 9 by Mr. Waxman of California;
  amendment No. 7 by Mr. Bishop of New York;
  amendment No. 6 by Mr. Rogers of Michigan to the amendment of Mrs. 
Johnson of Connecticut;
  amendment No. 5 by Mrs. Johnson of Connecticut;
  amendment No. 4 by Mr. Boehlert of New York;
  amendment No. 3 by Mr. Markey of Massachusetts;
  amendment No. 2 by Mr. Dingell of Michigan.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment No. 14 Offered by Ms. Solis

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from 
California (Ms. Solis) 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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 182, 
noes 248, not voting 4, as follows:

                             [Roll No. 115]

                               AYES--182

     Abercrombie
     Ackerman
     Allen
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Boehlert
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Carnahan
     Carson
     Case
     Castle
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Ehlers
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Frank (MA)
     Gerlach
     Gilchrest
     Gonzalez
     Green, Al
     Grijalva
     Gutierrez
     Hastings (FL)
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                               NOES--248

     Aderholt
     Akin
     Alexander
     Baca
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carter
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cunningham
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gibbons
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Gene
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hinojosa
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Keller
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering

[[Page 7302]]


     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--4

     Andrews
     Delahunt
     Emanuel
     Kelly

                              {time}  2120

  Messrs. OTTER, GRAVES, FORD and Ms. HARMAN changed their vote from 
``aye'' to ``no.''
  Ms. WASSERMAN SCHULTZ, Mr. GILCHREST and Mr. GONZALEZ changed their 
vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                 Amendment No. 12 Offered by Ms. Kaptur

  The Acting CHAIRMAN (Mr. Simpson). The pending business is the demand 
for a recorded vote on the amendment offered by the gentlewoman from 
Ohio (Ms. Kaptur) 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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 186, 
noes 239, not voting 9, as follows:

                             [Roll No. 116]

                               AYES--186

     Abercrombie
     Ackerman
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Costa
     Costello
     Cox
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doyle
     Ehlers
     Emerson
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gilchrest
     Gordon
     Green (WI)
     Gutierrez
     Gutknecht
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Nussle
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--239

     Aderholt
     Akin
     Alexander
     Allen
     Baca
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cooper
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cunningham
     Davis (AL)
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doggett
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Granger
     Graves
     Green, Al
     Green, Gene
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Hulshof
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Salazar
     Saxton
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Andrews
     Bachus
     Emanuel
     Gohmert
     Grijalva
     Hunter
     Kelly
     Mollohan
     Pickering


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised 2 minutes 
remain in this vote.

                              {time}  2126

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


                 Amendment No. 9 Offered by Mr. Waxman

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


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 166, 
noes 262, not voting 6, as follows:

                             [Roll No. 117]

                               AYES--166

     Abercrombie
     Ackerman
     Allen
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Boehlert
     Bradley (NH)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doggett
     Ehlers
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Ford
     Frank (MA)
     Gilchrest
     Grijalva

[[Page 7303]]


     Gutierrez
     Harman
     Herseth
     Higgins
     Hinchey
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Johnson (IL)
     Jones (OH)
     Kaptur
     Kennedy (RI)
     Kilpatrick (MI)
     Kind
     Kirk
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Platts
     Pomeroy
     Price (NC)
     Ramstad
     Rangel
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Skelton
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Walsh
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu

                               NOES--262

     Aderholt
     Akin
     Alexander
     Baca
     Baker
     Barrett (SC)
     Barton (TX)
     Beauprez
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Coble
     Cole (OK)
     Conaway
     Cox
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cunningham
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kennedy (MN)
     Kildee
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pombo
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Salazar
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Visclosky
     Walden (OR)
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--6

     Andrews
     Bachus
     Emanuel
     Kelly
     LaTourette
     Slaughter


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised 2 minutes 
remain in this vote.

                              {time}  2134

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Ms. SLAUGHTER. Mr. Chairman, on rollcall No. 117, had I been present, 
I would have voted ``aye.''


           Amendment No. 7 Offered by Mr. Bishop of New York

  The Acting CHAIRMAN (Mr. Simpson). The pending business is the demand 
for a recorded vote on the amendment offered by the gentleman from New 
York (Mr. Bishop) 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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 170, 
noes 259, not voting 5, as follows:

                             [Roll No. 118]

                               AYES--170

     Abercrombie
     Ackerman
     Allen
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Carnahan
     Carson
     Case
     Chandler
     Cleaver
     Clyburn
     Conyers
     Cooper
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kirk
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy
     McCollum (MN)
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Platts
     Price (NC)
     Rahall
     Rangel
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--259

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Berry
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cunningham
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hinojosa
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jackson-Lee (TX)
     Jenkins

[[Page 7304]]


     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pombo
     Pomeroy
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--5

     Andrews
     Clay
     Emanuel
     Kelly
     McDermott


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised that 2 
minutes remain in this vote.

                              {time}  2141

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


 Amendment No. 6 Offered by Mr. Rogers of Michigan to Amendment No. 5 
                 Offered by Mrs. Johnson of Connecticut

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Michigan 
(Mr. Rogers) to the amendment offered by the gentlewoman from 
Connecticut (Mrs. Johnson) on which further proceedings were postponed 
and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 259, 
noes 172, not voting 3, as follows:

                             [Roll No. 119]

                               AYES--259

     Aderholt
     Akin
     Alexander
     Baca
     Bachus
     Baker
     Barrett (SC)
     Barton (TX)
     Bass
     Beauprez
     Berry
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carson
     Carter
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Emerson
     Everett
     Feeney
     Flake
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Gibbons
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hensarling
     Herger
     Herseth
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Istook
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Keller
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     King (IA)
     Kingston
     Kline
     Knollenberg
     Kuhl (NY)
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Meek (FL)
     Meeks (NY)
     Melancon
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Pastor
     Paul
     Pearce
     Pence
     Peterson (MN)
     Pickering
     Pitts
     Poe
     Pombo
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Salazar
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shimkus
     Shuster
     Simpson
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Strickland
     Stupak
     Sullivan
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Watt
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wynn
     Young (AK)
     Young (FL)

                               NOES--172

     Abercrombie
     Ackerman
     Allen
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bishop (NY)
     Blumenauer
     Boehlert
     Bradley (NH)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Carnahan
     Case
     Castle
     Cooper
     Costa
     Davis (CA)
     Davis (FL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doggett
     Ehlers
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Ferguson
     Filner
     Fitzpatrick (PA)
     Foley
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gilchrest
     Grijalva
     Gutierrez
     Hefley
     Higgins
     Hinchey
     Hinojosa
     Holt
     Honda
     Hooley
     Hyde
     Inslee
     Israel
     Jackson (IL)
     Johnson (CT)
     Johnson (IL)
     Kaptur
     Kennedy (RI)
     Kind
     King (NY)
     Kirk
     Kolbe
     Kucinich
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Payne
     Pelosi
     Peterson (PA)
     Petri
     Platts
     Pomeroy
     Price (NC)
     Ramstad
     Regula
     Rothman
     Roybal-Allard
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Serrano
     Shays
     Sherman
     Sherwood
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Sweeney
     Tauscher
     Thompson (CA)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Wolf
     Woolsey
     Wu

                             NOT VOTING--3

     Andrews
     Emanuel
     Kelly


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised that 2 
minutes remain in this vote.

                              {time}  2148

  Mr. WAMP changed his vote from ``aye'' to ``no.''
  Mr. MEEK of Florida changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentlewoman from Connecticut (Mrs. Johnson), as amended.
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.


                             Recorded Vote

  Mrs. JOHNSON of Connecticut. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.

[[Page 7305]]

  The vote was taken by electronic device, and there were--ayes 346, 
noes 85, not voting 3, as follows:

                             [Roll No. 120]

                               AYES--346

     Aderholt
     Akin
     Alexander
     Baca
     Bachus
     Baird
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Delahunt
     DeLauro
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Lantos
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     Lofgren, Zoe
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     Meek (FL)
     Melancon
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Ortiz
     Osborne
     Otter
     Owens
     Oxley
     Pastor
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Portman
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Loretta
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watt
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--85

     Abercrombie
     Ackerman
     Allen
     Baker
     Baldwin
     Becerra
     Berman
     Bishop (NY)
     Blumenauer
     Capps
     Capuano
     Case
     Davis (CA)
     DeFazio
     DeGette
     Doggett
     Engel
     Evans
     Farr
     Frank (MA)
     Grijalva
     Gutierrez
     Higgins
     Hinchey
     Holt
     Inslee
     Israel
     Jackson (IL)
     Kennedy (RI)
     Kind
     Kucinich
     Langevin
     Larsen (WA)
     Lee
     Lewis (GA)
     LoBiondo
     Lowey
     Maloney
     Markey
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Miller (NC)
     Miller, George
     Moore (WI)
     Nadler
     Napolitano
     Obey
     Olver
     Pallone
     Pascrell
     Payne
     Pelosi
     Rangel
     Roybal-Allard
     Sanchez, Linda T.
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Sherman
     Slaughter
     Smith (NJ)
     Solis
     Stark
     Tauscher
     Thompson (CA)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Wasserman Schultz
     Watson
     Waxman
     Weiner
     Wolf
     Woolsey

                             NOT VOTING--3

     Andrews
     Emanuel
     Kelly


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised 2 minutes 
remain in this vote.

                              {time}  2156

  Messrs. GUTIERREZ, BLUMENAUER, and MEEHAN changed their vote from 
``aye'' to ``no.''
  Ms. ZOE LOFGREN of California, Mr. CARNAHAN, and Ms. BERKLEY changed 
their vote from ``no'' to ``aye.''
  So the amendment, as amended, was agreed to.
  The result of the vote was announced as above recorded.


                Amendment No. 4 Offered by Mr. Boehlert

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from New York 
(Mr. Boehlert) 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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 177, 
noes 254, not voting 3, as follows:

                             [Roll No. 121]

                               AYES--177

     Abercrombie
     Ackerman
     Allen
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bilirakis
     Bishop (NY)
     Blumenauer
     Boehlert
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Cooper
     Costa
     Costello
     Crowley
     Davis (CA)
     Davis (FL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doggett
     Ehlers
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Foley
     Ford
     Frank (MA)
     Frelinghuysen
     Gerlach
     Gilchrest
     Grijalva
     Gutierrez
     Gutknecht
     Harman
     Harris
     Hastings (FL)
     Hefley
     Herseth
     Higgins
     Hinchey
     Holt
     Honda
     Hooley
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Kennedy (RI)
     Kind
     King (NY)
     Kirk
     Kucinich
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Petri
     Platts
     Price (NC)
     Ramstad
     Rangel
     Reynolds
     Rothman
     Roybal-Allard
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Serrano
     Shaw
     Shays
     Sherman
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Tiberi
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Wolf
     Woolsey
     Wu
     Young (FL)

                               NOES--254

     Aderholt
     Akin
     Alexander
     Baca
     Bachus
     Baker
     Barrett (SC)
     Barton (TX)
     Bass
     Beauprez
     Berry
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway

[[Page 7306]]


     Conyers
     Cox
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Emerson
     Everett
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gibbons
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Hall
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Issa
     Istook
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     King (IA)
     Kingston
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     Latham
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Pickering
     Pitts
     Poe
     Pombo
     Pomeroy
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Ryun (KS)
     Salazar
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Shadegg
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (NC)
     Terry
     Thomas
     Thompson (MS)
     Thornberry
     Tiahrt
     Towns
     Turner
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wynn
     Young (AK)

                             NOT VOTING--3

     Andrews
     Emanuel
     Kelly


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised that 2 
minutes remain in this vote.

                              {time}  2202

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


                 Amendment No. 3 Offered by Mr. Markey

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


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 200, 
noes 231, not voting 3, as follows:

                             [Roll No. 122]

                               AYES--200

     Abercrombie
     Ackerman
     Allen
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Boehlert
     Boswell
     Boucher
     Bradley (NH)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Carnahan
     Carson
     Case
     Castle
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costello
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Ehlers
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Ferguson
     Filner
     Fitzpatrick (PA)
     Ford
     Frank (MA)
     Frelinghuysen
     Gerlach
     Gilchrest
     Gonzalez
     Gordon
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kirk
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Petri
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reichert
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shays
     Sherman
     Simmons
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--231

     Aderholt
     Akin
     Alexander
     Baca
     Bachus
     Baker
     Barrett (SC)
     Barton (TX)
     Beauprez
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carter
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Costa
     Cox
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cunningham
     Davis (AL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Emerson
     English (PA)
     Everett
     Feeney
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gibbons
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hinojosa
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Issa
     Istook
     Jefferson
     Jenkins
     Jindal
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skelton
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walden (OR)
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--3

     Andrews
     Emanuel
     Kelly


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (Mr. Simpson) (during the vote). Members are 
advised 2 minutes remain in this vote.

                              {time}  2209

  Mr. HALL changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                 Amendment No. 2 Offered by Mr. Dingell

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the

[[Page 7307]]

gentleman from Michigan (Mr. Dingell) 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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 188, 
noes 243, not voting 3, as follows:

                             [Roll No. 123]

                               AYES--188

     Abercrombie
     Ackerman
     Allen
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (NY)
     Blumenauer
     Boehlert
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Ehlers
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Graves
     Green, Al
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Higgins
     Hinchey
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Petri
     Price (NC)
     Rahall
     Rangel
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shays
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--243

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chandler
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cox
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cunningham
     Davis (AL)
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Green (WI)
     Green, Gene
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwarz (MI)
     Scott (GA)
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--3

     Andrews
     Emanuel
     Kelly


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised 2 minutes 
remain in this vote.

                              {time}  2217

  Mr. BOEHLERT changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Mr. HALL. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
LaHood) having assumed the chair, Mr. Simpson, Acting Chairman 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. 6) to 
ensure jobs for our future with secure, affordable, and reliable 
energy, had come to no resolution thereon.

                          ____________________