[Congressional Record (Bound Edition), Volume 153 (2007), Part 16]
[House]
[Pages 21925-21929]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  EIGHTMILE WILD AND SCENIC RIVER ACT

  The SPEAKER pro tempore. Pursuant to section 2 of House Resolution 
580, proceedings will now resume on the bill (H.R. 986) to amend the 
Wild and Scenic Rivers Act to designate certain segments of the 
Eightmile River in the State of Connecticut as components of the 
National Wild and Scenic Rivers System, and for other purposes.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. When proceedings were postponed on Monday, 
July 30, 2007, 4 minutes remained in debate.
  The gentleman from Arizona (Mr. Grijalva) and the gentleman from Utah 
(Mr. Bishop) each control 2 minutes.
  Mr. GRIJALVA. Madam Speaker, I will reserve the balance of my time 
for closing.
  Mr. BISHOP of Utah. Madam Speaker, the issue at hand today is not the 
23 miles of wild and scenic river in what is called the Eightmile 
River. It is on the use of condemnation power to create it. It is sad 
in this situation that staff did not decide to work in a bipartisan way 
to try and come up with language accommodating everybody, instead, 
rejected in both the Rules and Resource Committees on straight party-
line votes, simple and direct language that the Republicans submitted. 
We asked that it simply read that no Federal funds be used to condemn 
land to carry out the purpose of that act. Every Democrat, from the 
sponsor to the committee, said that was indeed their goal.
  That is simple language in section B. It is short; it's direct; it's 
understandable to any citizen, any attorney, any judge. That's what we 
need.
  Instead, the Democrats gave us a convoluted bit of double talk about 
zoning ordinances by some date in 2005, later on perhaps, willing 
sellers, all in the wrong section of the code, section C.
  It is nice, but it is a loophole. Simply because if you read, not the 
bill, but

[[Page 21926]]

the act, read the entire act, you'll find that all of the language that 
is presented in this section, in this bill comes after this sentence in 
the law which says, nothing contained in this section, that covers what 
we're talking about and what they're talking about, nothing contained 
in this section shall preclude the use of condemnation. This supersedes 
everything in their bill. All the gobbledygook they want to do, it 
supersedes it.
  This is the language to which we object, and the Democrat bill does 
nothing to mitigate this power of condemnation.
  I don't care if we're talking about an Eightmile River in Connecticut 
for Mr. Courtney or 8 miles of road in Detroit for Eminem. This is 
still the issue that is at hand. In the district where the State and 
local governments tried to take the home away from Suzette Kelo, we 
don't want it to be replicated again. This language has to be changed.
  So all of us need to lose yourself in this language. Read it, for 
indeed our citizens will. The voters will. It is clear. This is what we 
need changed.
  Mr. GRIJALVA. Madam Speaker, the language in this bill is no 
different from other wild and scenic river bills that have passed both 
Democratic and Republican Congresses, including under the former 
committee chairman, the famed property rights defender, Richard Pombo.
  To hear opponents tell it, this bill is a threat to private property 
with the Federal Government waiting in the wings to condemn land. In 
reality, nothing of the sort would happen, and that's because opponents 
of the bill have persistently refused to acknowledge the clear language 
of the legislation.
  First of all, the bill prohibits condemnation under the authority of 
the Wild and Scenic Rivers Act. Then the very next sentence states: 
``The authority of the Secretary to acquire lands for the purpose of 
this Act should be limited to the acquisition by donation or 
acquisition with the consent of the owner.''
  Therefore, I believe, Madam Speaker, this is an absolute, unambiguous 
blanket denial of condemnation authorities. We say it twice in the 
legislation. We don't need to say it three times.
  My colleague, Joe Courtney, has done an outstanding job with this 
measure, which is supported by the entire Connecticut delegation, the 
Republican Governor of Connecticut, the State legislature and all of 
the affected local governments, and the Bush administration.
  Madam Speaker, I urge my colleagues to vote ``yes'' on this 
bipartisan measure.
  I yield back the balance of our time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 580, the previous question is ordered on 
the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                Motion to Recommit Offered by Mr. Pearce

  Mr. PEARCE. Madam Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. PEARCE. In its current form, I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Pearce moves to recommit the bill H.R. 986 to the 
     Committee on Natural Resources with instructions to report 
     the same back to the House forthwith with the following 
     amendment:
       At the end of the bill, add the following:
       (j) Clarification.--No Federal funds may be used to condemn 
     land to carry out the purposes of this Act or the amendment 
     made by subsection (b).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico is recognized for 5 minutes in support of his motion.
  Mr. PEARCE. Madam Speaker, I thank the gentleman from Utah for his 
hard work on this issue. I thank the chairman of the subcommittee. 
We're good friends. And all three of us come from the West, where we 
are very familiar with public ownership of land.
  One of the things that really concerns us most about the threat of 
condemnation and about the way that home owners, private property 
owners would be affected is shown in this chart that I have here. The 
management plan would put a cap on impervious services, and those 
services could not be paved. If the road to your house washes out, then 
you simply can't do it.
  Now, there are all sorts of takings that the Federal Government can 
do, and this is one, where they simply won't allow you to fix your 
property up or fix the roads leading to your property.

                              {time}  1345

  So you would lose value because you could not own a house and sell a 
house that has a road leading to it that has washed out. You cannot add 
a room to your home; so feasibly we could say that we are limiting 
procreation. If you have another kid, you can't build a room in the 
back to accommodate them. You can't go build on your property if you 
have not already built there. You can't go in and build. The private 
land is impacted seriously.
  But beyond that is there a real concern? Do we have a concern for the 
public taking of private lands and making it theirs? Are there examples 
in our history as a Nation where we maybe have extended the power of a 
Federal Government, a central government that is too strong, a central 
government that begins to overburden and outweigh and out muscle the 
citizens? If so, then it is imperative that we give voice to those 
citizens who have no other voice, who have been left out completely, 
who are going to be marginalized by these management plans.
  I think that we do have a Federal Government that will extend too 
far, and I think that we have a concern here. Now, it is unfortunate 
that we have come to this point because the underlying bill, the one 
that says we would like to preserve a wild and scenic river, is one 
that there is almost no discussion about. The entire discussion is 
about private property rights, that constitutional right that gives us 
each our place to retreat to in the evening without the government's 
coming in and taking either part of its value or simply confiscating 
the whole thing.
  Now, confiscation is a language that seems abrupt, that seems too 
harsh, that we really do not face that sort of circumstance today in 
this country. I would tell you that, as chairman of the National Parks 
Subcommittee last year, we heard testimony from the Franciscan Friars 
of Atonement in New York. That group had fought the National Park 
Service for decades, saying don't take our land. But through eminent 
domain, the Federal Park Service had continued to put pressure. Again, 
it was the threat of what they could do that was used as the hammer.
  So we find ourselves now with this bill, which the ranking member 
adequately points out that there is an underlying bill that contains 
language that nothing contained in this section shall preclude the use 
of condemnation. It is a process that has been used frequently.
  I was recently in Shenandoah National Park, and you would think that 
Shenandoah is just a great location, and it is. But the underlying 
story is one that is told right now in the Visitors Center in 
Shenandoah, and it is about the confiscation, about moving, it seems to 
me, about 4,000 families out of their homes so that that could be a big 
park area. We did not want those inconvenient people living there; so 
we simply moved them out for their own good. We moved them to much 
better places regardless if they wanted to move or not.
  In my own State of New Mexico, the White Sands Missile Range exists 
there. It is 100 miles north and south and it is 40 miles east and 
west, 100 miles by 40 miles, and almost all of that land was taken by 
condemnation.
  Condemnation occurs when a too strong central Federal Government just 
wants to go ahead and move. Forget those pesky citizens.
  The Supreme Court recently in the Kelo decision said that governments 
can, in fact, take private property and redistribute it to another 
private firm. That is what is at stake both left and

[[Page 21927]]

right. Both agreed in this circumstance. Liberal and conservative, 
Democrats and Republicans, said the Kelo decision was one of the most 
atrocious in taking private property rights away from people.
  Madam Speaker, I would simply point out that private property rights 
are the foundation of our rights. I would urge all Members to vote for 
the motion to recommit.
  Mr. GRIJALVA. Madam Speaker, I rise in opposition to the motion to 
recommit.
  The SPEAKER pro tempore. The gentleman from Arizona is recognized for 
5 minutes.
  Mr. GRIJALVA. Madam Speaker, I would like to yield to the sponsor of 
the legislation, the gentleman from Connecticut (Mr. Courtney).
  Mr. COURTNEY. Madam Speaker, I have got a feeling that people in this 
Chamber have heard more about the Eightmile River in Connecticut than 
they probably ever wanted to. But I want to thank Chairman Grijalva and 
Chairman Rahall, intelligent, thoughtful people who understand the 10 
years of hard work that has taken place in the communities of Salem, 
Lyme and East Haddam, Connecticut, to get to this day is worth 
proceeding and moving forward.
  There are 168 rivers in this country that have been designated as 
Wild and Scenic, and the Federal Government has not swept in and seized 
property as part of this program. This is a program which is aimed at 
preserving water quality and species, and it is very clear in the act 
that the government will waive any powers of condemnation if they are 
satisfied that there are zoning and wetland regulations in place which 
will accomplish those goals. And that is exactly the situation here.
  These three towns have wetland regulations which have been on the 
books before the application for Wild and Scenic status ever took place 
which the Parks Department checked off on its box as adequate to 
achieve the goals of this program, and thus the statute specifically 
states that the condemnation powers shall not apply to this property.
  When this issue came up 3 weeks ago, newspapers back home looked at 
it and just said the claims of the other side are just not true. And 
that is why the Republican Governor of the State of Connecticut, Jodi 
Rell; the Republican First Selectman of the Town of Lyme; the 
Republican First Selectman of the Town of Salem; and the Democratic 
First Selectman, who's a pretty good guy too, have all come out in 
support of this legislation because it has been a grassroots community 
effort, bipartisan, property owners and public officials, to make the 
Eightmile River part of the family of rivers in this country which have 
been identified as worth preserving for our children and our 
grandchildren.
  The bill that was drafted by nonpartisan staff follows the basic 
legislative format that this Congress has followed in the past for Wild 
and Scenic status. In fact, the prior Congress which was controlled by 
the Republicans, the 109th Congress, proceeded on a river designation 
in the State of New Jersey without any of the language which is 
included in the motion to recommit. If it was such a big deal, why 
didn't the other side, when they were in control, actually adopt that 
language?
  I think, frankly, folks, we are talking about politics here and not 
policy. And again I want to thank Mr. Grijalva for his strong support.
  Mr. GRIJALVA. Madam Speaker, reclaiming my time, as I hear the 
colleagues on the other side raising the specter of massive 
condemnation on the part of the Federal Government, I believe that it 
is more of a scare tactic to divert attention, I think, about what is 
good in this bill because there are really no substantive grounds in 
which to oppose it.
  Twice in the legislation it is reaffirmed that condemnation is not 
part of the process, that there must be willing consent on the part of 
property owners. There is no real problem in that. The Bush 
administration understands it, the Republican Governor of Connecticut 
understands this, the affected local communities understand this.
  In my opinion, I think the motivation for opposition has to do with 
the audacity of the gentleman from Connecticut to run for office, 
replace an incumbent and his predecessor, and then the audacity of the 
voters of that district to go ahead and elect the gentleman, the 
sponsor of this legislation.
  It is a consensus bill. It has good support. Rather than dealing with 
the messenger, as we are doing today in a political basis, let's deal 
with the content, the substance, and the support of this legislation. 
And I would urge rejection of the motion to recommit.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. BISHOP of Utah. Madam Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage of H.R. 986, if ordered; passage of H.R. 
2831; ordering the previous question on House Resolution 581; adoption 
of House Resolution 581, if ordered; the motion to instruct on H.R. 
2272; and motions to suspend the rules with respect to H.R. 176, H.R. 
957, and H.R. 2722.
  The vote was taken by electronic device, and there were--yeas 200, 
nays 225, not voting 7, as follows:

                             [Roll No. 766]

                               YEAS--200

     Aderholt
     Akin
     Alexander
     Altmire
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     McNerney
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--225

     Abercrombie
     Ackerman
     Allen
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castor
     Chandler
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa

[[Page 21928]]


     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Frelinghuysen
     Giffords
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kirk
     Klein (FL)
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Whitfield
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                             NOT VOTING--7

     Clarke
     Cole (OK)
     Davis, Jo Ann
     Gilchrest
     Johnson, Sam
     LaHood
     Tancredo.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised 2 
minutes remain in this vote.

                              {time}  1425

  Mrs. MALONEY of New York, Ms. McCOLLUM of Minnesota, Ms. ESHOO, Ms. 
WOOLSEY, Mrs. NAPOLITANO, Ms. SOLIS and Ms. LINDA T. SANCHEZ of 
California and Messrs. KAGEN, PRICE of North Carolina, TIERNEY, UDALL 
of Colorado, DELAHUNT, RUSH, GORDON, and RANGEL changed their vote from 
``yea'' to ``nay.''
  Ms. GILLIBRAND and Messrs. HAYES, DOOLITTLE, SOUDER, BOREN, INGLIS of 
South Carolina and WALBERG changed their vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
   Stated for:
  Mr. COLE of Oklahoma. Madam Speaker, I was unavoidably detained for 
rollcall No. 766, on the motion to recommit H.R. 986, Eightmile Wild 
and Scenic River Act, with instructions. Had I been present, I would 
have voted ``yea.''


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. The Chair advises Members that the Chair 
will endeavor to closely adhere to the announced time for votes. 
Members' cooperation during this very busy week will be much 
appreciated.
  The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. BISHOP of Utah. Madam Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 253, 
nays 172, not voting 7, as follows:

                             [Roll No. 767]

                               YEAS--253

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Bono
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chandler
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fortenberry
     Frank (MA)
     Frelinghuysen
     Gerlach
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kirk
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
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     Wu
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     Yarmuth

                               NAYS--172

     Aderholt
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     Biggert
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     Davis, David
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
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     Linder
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     Young (AK)
     Young (FL)

[[Page 21929]]



                             NOT VOTING--7

     Clarke
     Davis, Jo Ann
     Gilchrest
     Johnson, Sam
     LaHood
     Sullivan
     Tancredo


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in this vote.

                              {time}  1433

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________