[Congressional Record (Bound Edition), Volume 155 (2009), Part 7]
[House]
[Pages 8806-8820]
[From the U.S. Government Publishing Office, www.gpo.gov]




        FEDERAL LAND ASSISTANCE, MANAGEMENT AND ENHANCEMENT ACT

  The SPEAKER pro tempore (Mr. Israel). Pursuant to House Resolution 
281 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. 1404.

                              {time}  1023


                     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. 1404) to authorize a supplemental funding source for 
catastrophic emergency wildland fire suppression activities on 
Department of the Interior and National Forest System lands, to require 
the Secretary of the Interior and the Secretary of Agriculture to 
develop a cohesive wildland fire management strategy, and for other 
purposes, with Mr. Pastor of Arizona (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Wednesday, 
March 25, 2009, all time for general debate had expired.
  Pursuant to the rule, the bill shall be considered read for amendment 
under the 5-minute rule.
  The text of the bill is as follows:

                               H.R. 1404

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Land Assistance, Management and Enhancement Act'' or ``FLAME 
     Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Flame Fund for catastrophic emergency wildland fire suppression 
              activities.
Sec. 3. Cohesive wildland fire management strategy.
Sec. 4. Review of certain wildfires to evaluate cost containment in 
              wildland fire suppression activities.
Sec. 5. Reducing risk of wildfires in fire-ready communities.

     SEC. 2. FLAME FUND FOR CATASTROPHIC EMERGENCY WILDLAND FIRE 
                   SUPPRESSION ACTIVITIES.

       (a) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means the 
     following:
       (A) Public lands, as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (B) Units of the National Park System.
       (C) Refuges of the National Wildlife Refuge System.
       (D) Lands held in trust by the United States for the 
     benefit of Indian tribes or individual Indians.
       (E) Lands in the National Forest System, as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a)).
       (2) Flame fund.--The term ``Flame Fund'' means the Federal 
     Land Assistance, Management, and Enhancement Fund established 
     by this section.
       (3) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of the Interior, with respect to Federal 
     land described in subparagraphs (A), (B), (C), and (D) of 
     paragraph (1); and
       (B) the Secretary of Agriculture, with respect to National 
     Forest System land.
       (4) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture, 
     acting jointly.
       (b) Establishment and Availability of Flame Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the Federal Land 
     Assistance, Management, and Enhancement Fund.
       (2) Contents.--The Flame Fund shall consist of the 
     following amounts:
       (A) Amounts appropriated to the Flame Fund pursuant to the 
     authorization of appropriations in subsection (c).
       (B) Amounts transferred to the Flame Fund pursuant to 
     subsection (d).
       (3) Availability.--Subject to subsection (e), amounts in 
     the Flame Fund shall be available to the Secretaries to pay 
     the costs of catastrophic emergency wildland fire suppression 
     activities that are separate from amounts annually 
     appropriated to the Secretaries for the predicted annual 
     workload for wildland fire suppression activities, based on 
     analyses of historical workloads and anticipated increased 
     workloads due to changing environmental or demographic 
     conditions.
       (c) Authorization of Appropriations.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated to the Flame Fund such amounts as may be 
     necessary to carry out this section. It is the intent of 
     Congress that the amount appropriated to the Flame Fund for 
     fiscal year 2010 and each fiscal year thereafter should be 
     not less than the average amount expended by the Secretaries 
     for emergency wildland fire suppression activities over the 
     five fiscal years preceding that fiscal year.
       (2) Sense of congress on designation of flame fund 
     appropriations as emergency requirement.--It is the sense of 
     Congress that--
       (A) the amounts appropriated to the Flame Fund should be 
     designated as amounts necessary to meet emergency needs; and
       (B) the new budget authority and outlays resulting 
     therefrom should not count for the purposes of titles III and 
     IV of the Congressional Budget Act of 1974.
       (3) Notice of insufficient funds.--The Secretaries shall 
     notify the congressional committees specified in subsection 
     (h)(2) whenever only an estimated two months worth of funding 
     remains in the Flame Fund.
       (d) Transfer of Excess Wildland Fire Suppression Amounts 
     Into Flame Fund.-- At the end of each fiscal year, the 
     Secretary concerned shall transfer to the Flame Fund amounts 
     appropriated to the Secretary concerned for wildland fire 
     suppression activities for the fiscal year, but not obligated 
     for wildland fire suppression activities before the end of 
     the fiscal year.
       (e) Use of Flame Fund.--
       (1) Declaration required.--Amounts in the Flame Fund shall 
     be made available to the Secretary concerned only after the 
     Secretaries issue a declaration that a wildland fire 
     suppression activity is eligible for funding from the Flame 
     Fund.
       (2) Declaration criteria.--A declaration by the Secretaries 
     under paragraph (1) shall be based on the following criteria:
       (A) In the case of an individual wildland fire incident--
       (i) the fire covers 300 or more acres;
       (ii) the severity of the fire, which may be based on 
     incident complexity or the potential for increased 
     complexity; and
       (iii) the threat posed by the fire, including the potential 
     for loss of lives, property, or critical resources.

[[Page 8807]]

       (B) Consistent with subsection (f), in the case of a 
     firefighting season, when the cumulative costs of wildland 
     fire suppression activities for the Secretary concerned are 
     projected to exceed amounts annually appropriated for such 
     activities.
       (3) Transfer of amounts to secretary concerned.--After 
     issuance of a declaration under paragraph (1) and upon the 
     request of the Secretary concerned, the Secretary of the 
     Treasury shall transfer from the Flame Fund to the Secretary 
     concerned such amounts as the Secretaries determine are 
     necessary for wildland fire suppression activities associated 
     with the declared suppression emergency.
       (4) State, private, and tribal land.--Use of the Flame Fund 
     for catastrophic emergency wildland fire suppression 
     activities on State and private land and, where applicable, 
     tribal land shall be consistent with existing agreements 
     where the Secretaries have agreed to assume responsibility 
     for wildland fire suppression activities on the land.
       (f) Treatment of Anticipated and Predicted Activities.--The 
     Secretary concerned shall continue to fund anticipated and 
     predicted wildland fire suppression activities within the 
     appropriate agency budget for each fiscal year. Use of the 
     additional funding made available through the Flame Fund is 
     intended to supplement the budgeted and appropriated agency 
     funding and is to be used only for purposes and in instances 
     consistent with this section.
       (g) Prohibition on Other Transfers.--All amounts in the 
     Flame Fund, as well as all funds appropriated for the purpose 
     of wildland fire suppression on Federal land, must be 
     obligated before the Secretary concerned may transfer funds 
     from non-fire accounts for wildland fire suppression.
       (h) Accounting and Reports.--
       (1) Accounting and reporting system.--The Secretaries shall 
     establish an accounting and reporting system for the Flame 
     Fund compatible with existing National Fire Plan reporting 
     procedures.
       (2) Annual report; public availability.--The Secretaries 
     shall submit to the Committee on Natural Resources, the 
     Committee on Agriculture, and the Committee on Appropriations 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources, the Committee on Indian Affairs, and 
     the Committee on Appropriations of the Senate an annual 
     report on the use of the funds from the Flame Fund, together 
     with any recommendations that the Secretaries may have to 
     improve the administrative control and oversight of the Flame 
     Fund. The annual report shall be made available to the 
     public.
       (3) Estimates of wildfire suppression costs to improve 
     budgeting and funding.--
       (A) Periodic estimates.--Consistent with the schedule 
     provided in subparagraph (B), the Secretaries shall submit to 
     the committees specified in paragraph (2) an estimate of 
     anticipated wildfire suppression costs for the current fiscal 
     year and the following fiscal year. The methodology for 
     developing the estimates shall be subject to periodic peer 
     review to ensure compliance with subparagraph (C).
       (B) Submission schedule.--The Secretaries shall submit an 
     estimate under subparagraph (A) during--
       (i) the first week of February of each year;
       (ii) the first week of April of each year;
       (iii) the first week of July of each year; and
       (iv) if the bill making appropriations for operations of 
     the Department of the Interior and the Forest Service for the 
     following fiscal year has not been enacted by September 1, 
     the first week of September of each year.
       (C) Basis.--An estimate of anticipated wildfire suppression 
     costs shall be developed using the best available--
       (i) climate, weather, and other relevant data; and
       (ii) models and other analytic tools.

     SEC. 3. COHESIVE WILDLAND FIRE MANAGEMENT STRATEGY.

       (a) Strategy Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of the 
     Interior and the Secretary of Agriculture shall submit to 
     Congress a report that contains a cohesive wildland fire 
     management strategy, consistent with the recommendations 
     contained in recent Comptroller General reports regarding 
     this issue.
       (b) Elements of Strategy.--The strategy required by 
     subsection (a) shall address the findings of the Comptroller 
     General in the reports referred to in such subsection and 
     include the following elements:
       (1) A system to identify the most cost effective means for 
     allocating fire management budget resources.
       (2) An illustration of plans by the Secretary of the 
     Interior and the Secretary of Agriculture to reinvest in non-
     fire programs.
       (3) A description of how the Secretaries will employ 
     appropriate management response.
       (4) A system for assessing the level of risk to 
     communities.
       (5) A system to ensure that the highest priority fuels 
     reduction projects are being funded first.

     SEC. 4. REVIEW OF CERTAIN WILDFIRES TO EVALUATE COST 
                   CONTAINMENT IN WILDLAND FIRE SUPPRESSION 
                   ACTIVITIES.

       (a) Review Required.--The Secretary of the Interior and the 
     Secretary of Agriculture shall conduct a review, using 
     independent panels, of each wildfire incident for which the 
     Secretary concerned incurs expenses in excess of $10,000,000.
       (b) Report.--The Secretary concerned shall submit to the 
     Committee on Natural Resources, the Committee on Agriculture, 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources, the Committee on Indian Affairs, and the Committee 
     on Appropriations of the Senate a report containing the 
     results of each review conducted under subsection (a).

     SEC. 5. REDUCING RISK OF WILDFIRES IN FIRE-READY COMMUNITIES.

       (a) Fire-Ready Community Defined.--In this section, the 
     term ``fire-ready community'' means a community that--
       (1) is located within a priority area identified pursuant 
     to subsection (b);
       (2) has a cooperative fire agreement that articulates the 
     roles and responsibilities for Federal, State and local 
     government entities in local wildfire suppression and 
     protection;
       (3) has local codes that require fire-resistant home design 
     and building materials;
       (4) has a community wildfire protection plan (as defined in 
     section 101 of the Healthy Forests Restoration Act of 2003 
     (16 U.S.C. 6502)); and
       (5) is engaged in a successful collaborative process that 
     includes multiple interested persons representing diverse 
     interests and is transparent and nonexclusive, such as a 
     resource advisory committee established under section 205 of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (Public Law 106-393; 16 U.S.C. 500 note).
       (b) Fire Risk Mapping.--As soon as is practicable after the 
     date of the enactment of this Act, the Secretary of 
     Agriculture and the Secretary of the Interior (in this 
     section referred to as the ``Secretaries'') shall develop 
     regional maps of communities most at risk of wildfire and in 
     need of hazardous fuel treatment and maintenance. The maps 
     shall identify priority areas for hazardous fuels reduction 
     projects, including--
       (1) at-risk communities in fire-prone areas of the 
     wildland-urban interface (as defined in section 101 of the 
     Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502));
       (2) watersheds and municipal drinking water sources;
       (3) emergency evacuation corridors;
       (4) electricity transmission corridors; and
       (5) low-capacity or low-income communities.
       (c) Local Wildland Firefighting Capability Grants.--
       (1) Grants available.--The Secretaries may provide cost-
     share grants to fire-ready communities to assist such 
     communities in carrying out activities authorized by 
     paragraph (2).
       (2) Eligible activities.--Grant funds may be used for the 
     following:
       (A) Education programs to raise awareness of homeowners and 
     citizens about wildland fire protection practices, including 
     FireWise or similar programs.
       (B) Training programs for local firefighters on wildland 
     firefighting techniques and approaches.
       (C) Equipment acquisition to facilitate wildland fire 
     preparedness.
       (D) Implementation of a community wildfire protection plan.
       (d) Wildland Fire Cost-Share Agreements.--In developing any 
     wildland fire cost-share agreement with a State Forester or 
     equivalent official, the Secretaries shall, to the greatest 
     extent possible, encourage the State and local communities 
     involved to become fire-ready communities.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretaries to carry out this 
     section such sums as may be necessary.

  The Acting CHAIR. No amendment to the bill is in order except those 
printed in House Report 111-52. Each amendment may be offered only in 
the order printed in the report, by a Member designated in the report, 
shall be considered read, shall be debatable for the time specified in 
the report, equally divided and controlled by the proponent and an 
opponent of the amendment, shall not be subject to amendment, and shall 
be not subject to a demand for division of the question.


                 Amendment No. 1 Offered by Mr. Rahall

  The Acting CHAIR. It is now in order to consider amendment No. 1 
printed in House Report 111-52.
  Mr. RAHALL. Mr. Chairman, I have an amendment made in order under the 
rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Rahall:
       Page 5, beginning line 3, strike paragraph (2) (and 
     redesignate the subsequent paragraph accordingly).

  The Acting CHAIR. Pursuant to House Resolution 281, the gentleman

[[Page 8808]]

from West Virginia (Mr. Rahall) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from West Virginia.
  Mr. RAHALL. Mr. Chairman, the pending measure contains a sense of the 
Congress resolution regarding the budgetary treatment of the FLAME 
fund. We've been working with the Budget Committee on this matter and 
appreciate their interest in this legislation, and as such, I no longer 
see a need for the sense of Congress provision. My amendment simply 
strikes it from the bill, and I ask for adoption of the amendment.
  I reserve my time.
  Mr. HASTINGS of Washington. Mr. Chairman, I ask unanimous consent to 
claim the time in opposition, although I'm not in opposition to the 
amendment.
  The Acting CHAIR. Without objection, the gentleman from Washington is 
recognized for 5 minutes.
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Chairman, as introduced, this bill 
contained sense of Congress language that the chairman talked about.
  Since the severity of wildfires and cost of suppressing them have 
grown enormously in recent years as a result of the tinderbox 
conditions we have allowed to develop in this country, I understand why 
the bill sought to deal with the requirements of the Budget Act this 
way because, after all, we really have no choice but to try to bring 
the fires under control and limit their destructiveness.
  Although, I can understand how this amendment came to be, because 
apparently the Budget Committee must feel differently with the massive 
deficits that we face under the President's proposed budget, and I can 
see why the Budget Committee is concerned about taking the FLAME fund 
off budget.
  Nevertheless, I think this is the right amendment.
  I yield back the balance of my time.
  Mr. RAHALL. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from West Virginia (Mr. Rahall).
  The amendment was agreed to.


               Amendment No. 2 Offered by Mr. Perlmutter

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in House Report 111-52.
  Mr. PERLMUTTER. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Perlmutter:
         Page 4, line 15, insert after the period the following 
     new sentence: ``Authorized suppression activities include 
     containment activities in response to crisis insect 
     infestations to reduce the likelihood of wildfires.''.

  The Acting CHAIR. Pursuant to House Resolution 281, the gentleman 
from Colorado (Mr. Perlmutter) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Colorado.
  Mr. PERLMUTTER. Mr. Chairman, I would begin by thanking the chairman 
of the committee, Mr. Rahall, for bringing this critical bill to the 
floor today.
  One of the most pressing dangers posed by wildfires is the thousands 
of acres of dead woods and dead trees caused by invasive species, 
particularly the bark beetle in my own State of Colorado and throughout 
the Rocky Mountain West.
  These insects have created literally millions of square miles of dead 
forest which endanger thousands of communities should they ignite into 
flames.
  This amendment simply clarifies that the FLAME fund can be used for 
containment activities to prevent a burning fire from reaching 
dangerously infested areas, which pose a higher risk of the 
intensification and spread of that wildfire.
  While not regionally specific, my amendment is especially relevant to 
the Rocky Mountain West.
  From Canada down to New Mexico, the bark beetle epidemic has been 
called ``the largest known insect infestation in the history of North 
America.'' This epidemic has the potential to cripple our communities, 
our forests, our tourism sector, our economy, and our way of life in 
Colorado.
  But heaven forbid a forest fire should start in an infected area; far 
more will be lost.
  The effects of the bark beetle infestation are apparent in the 
transformation of our mountain landscape, which has been described as 
turning ``a blanket of green forest into a blanket of rust red.'' To 
put this transformation into perspective, in my own State of Colorado 
and in Wyoming in 2006, there were 1 million acres of dead trees. In 
2008, it is expected to total over 2 million. These acres of dead trees 
trigger and perpetuate catastrophic fire risk and scope.
  The FLAME Act will play an instrumental role in helping to suppress 
these catastrophic wildfires.
  My amendment will explain further and make clear the Secretary of the 
Interior's and the Secretary of Agriculture's authority to provide 
suppression activities in response to crisis insect infestations.

                              {time}  1030

  I ask for the Members to support this important amendment.
  With that, I yield to the chairman of the Natural Resources 
Committee.
  Mr. RAHALL. I appreciate the gentleman from Colorado yielding. I'm 
happy to accept his amendment and appreciate his work on this 
legislation.
  Mr. PERLMUTTER. I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Chair, I ask unanimous consent to 
claim the time in opposition, although I'm not opposed to the 
amendment.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. HASTINGS of Washington. The amendment offered by the gentleman 
from Colorado is intended, rightfully so, to clarify the fire 
suppression authority under this Act as it relates to the severe insect 
infestation problem in our national forests.
  Although I support the amendment, I must point out that prevention is 
far more cost-effective than fire suppression, and until we in Congress 
act on measures that promote sound scientific forest management and 
allow the related industries to survive, we are really not 
comprehensively addressing this problem.
  Nevertheless, this is a good amendment. I support it.
  I yield back the balance of my time.
  Mr. PERLMUTTER. Mr. Chair, I just ask for an ``aye'' vote on 
amendment No. 2.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Colorado (Mr. Perlmutter).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. HASTINGS of Washington. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Colorado 
will be postponed.


                  Amendment No. 3 Offered by Mr. Polis

  The Acting CHAIR. It is now in order to consider amendment No. 3 
printed in House Report 111-52.
  Mr. POLIS. Mr. Chairman, I have an amendment at the desk to the 
Federal Land Assistance, Management and Enhancement Act.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Polis:
       Page 11, after line 4, insert the following new subsection:
       (c) Revision.--At least once during every five-year period 
     initially beginning on the date of the submission of the 
     cohesive wildland fire management strategy under subsection 
     (a), the Secretary of the Interior and the Secretary of 
     Agriculture shall submit to Congress a revised strategy that 
     takes into consideration changes affecting the elements of 
     the strategy specified in subsection (b) during the five-year 
     period, in particular changes with respect to landscape, 
     vegetation, climate, and weather.


[[Page 8809]]


  The Acting CHAIR. Pursuant to House Resolution 281, the gentleman 
from Colorado (Mr. Polis) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Colorado.
  Mr. POLIS. Thank you, Mr. Chair. I would like to thank Chairman 
Rahall and his staff for their leadership on an intelligent and 
important bill that will do a world of good work for districts like 
mine in the West and other districts across the country where people 
live, work and play in and around our public lands.
  With the establishment of the FLAME Fund, our Nation's land 
management agencies are freed from the overbearing costs of fighting 
wildfires and once again will be able to focus their efforts on the 
local communities and public land users they were created to serve, as 
well as fire prevention.
  This bill also, finally, guarantees that a cohesive wildfire 
management strategy is completed and put into place, a strategy that is 
long overdue and the absence of which has already damaged wildfire 
suppression efforts across our country.
  Mr. Chairman, this vital cohesive plan, which has been called for 
time and time again by the General Accountability Office, is kept up-
to-date and remains an effective tool as years go by.
  My district in Colorado is a prime example of why we need an ever-
evolving fire management plan. We have been hit hard by the mountain 
pine beetle infestation, an epidemic that has killed millions of acres 
of trees, turning the area into a potential powder keg for fire risk, 
and brought the threat of wildfires into our backyards in ways that we 
could not have predicted prior to the outbreak.
  Over the past 10 years, the outbreak has spread to more and more 
areas and is now hitting newer species of pine.
  Climate modeling predicts that a large change in the frequency of 
precipitation and the intensity of droughts in the area could only add 
increasing wildfire risks. My district is already experiencing the 
effects of climate change, and any national wildfire plan needs to 
change in step with our environment.
  My amendment ensures that the Secretaries of Interior and Agriculture 
work to continually update the cohesive fire management plan by 
requiring that they provide a revised plan at least once every 5 years 
that takes into account community needs and our changing climate.
  We owe it to our brave firefighters and the efficiency-minded 
taxpayers to ensure that this fundamental part of wildfire management 
policy stays up-to-date and doesn't let our communities fall by the way 
side.
  Mr. Chair, this amendment and this bill are vitally important to 
ensuring responsible national wildfire policy. I urge passage of the 
amendment and the underlying bill.
  I yield to the gentleman from West Virginia.
  Mr. RAHALL. I appreciate the gentleman from Colorado yielding, and 
congratulate him for his superb leadership and work on this bill, and 
we accept the amendment.
  Mr. HASTINGS of Washington. I ask unanimous consent to claim time in 
opposition, although I am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from Washington is 
recognized for 5 minutes.
  There was no objection.
  Mr. HASTINGS of Washington. Thank you, Mr. Chair. I have no objection 
to the amendment of the gentleman from Colorado. I know that most 
Forest Service employers are very frustrated over the extent to which 
their time is spent producing the paperwork needed to defend against or 
head off lawsuits. I am sure many in Congress have heard me say that as 
a result of these lawsuits, they spend far more time developing forest 
plans than implementing them. But in the case of keeping the forest 
fire wildfire strategy current, it makes sense to revise them from time 
to time.
  In a few short years, drought, beetle infestation or forest life 
cycle can transform a forest, and what may have once been a very 
appropriate fire management strategy may no longer be relevant.
  I hope that the Forest Service will be able to update the cohesive 
wildlife management strategy in a timely manner, without delays or 
other challenges posed by irresponsible environmental lawsuits.
  I yield back the balance of my time.
  Mr. POLIS. I yield back the balance of my time and ask for approval 
of the amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Colorado (Mr. Polis).
  The amendment was agreed to.


         Amendment No. 4 Offered by Mr. Hastings of Washington

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in House Report 111-52.
  Mr. HASTINGS of Washington. Mr. Chair, I have an amendment made in 
order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Hastings of Washington:
       Page 11, after line 4, insert the following new subsection:
       (c) Notice of Prescribed Fires.--As part of the strategy 
     required by subsection (a) for the Forest Service, the 
     Secretary of Agriculture shall ensure that, before any 
     prescribed fire is used on National Forest System land, 
     owners of adjacent private land are notified in writing of 
     the date and scope of the prescribed fire.

  The Acting CHAIR. Pursuant to House Resolution 281, the gentleman 
from Washington (Mr. Hastings) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. HASTINGS of Washington. Thank you, Mr. Chairman.
  Mr. Chairman, my amendment can best be described as a ``good neighbor 
amendment.'' This amendment will require advanced notice in writing to 
land owners adjacent to National Forest system lands whenever the 
Forest Service sets a prescribed burn.
  It is important for all of us who are government officials to treat 
every American with respect. We owe it to neighboring property owners 
to let them know what we are doing when our actions may affect them.
  Fires, even prescribed burns, can be dramatic events. It is simply a 
courtesy to keep our neighbors informed.
  This commonsense amendment was included in the version of the FLAME 
Act that passed the House under suspension of the rules by a voice vote 
last year.
  Some might say that the burden of notifying neighbors is too great. I 
suspect these are people who don't live next to national forests and 
they don't understand what challenges a prescribed burn can have. It is 
a lot more expensive to face lawsuits from private landowners who 
weren't given enough warning to prepare for possible problems than it 
might come from notifying them of a prescribed burn.
  Mr. RAHALL. Will the gentleman yield?
  Mr. HASTINGS of Washington. With that, Mr. Chair, I yield to the 
gentleman.
  Mr. RAHALL. I appreciate the gentleman's amendment, and thank him for 
it. We would be glad to accept it on this side.
  Mr. HASTINGS of Washington. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Washington (Mr. Hastings).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. HASTINGS of Washington. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Washington 
will be postponed.


         Amendment No. 5 Offered by Mr. Hastings of Washington

  The Acting CHAIR. It is now in order to consider amendment No. 5 
printed in House Report 111-52.
  Mr. HASTINGS of Washington. Mr. Chair, I have an amendment at the 
desk made in order under the rule.

[[Page 8810]]

  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Hastings of Washington:
       Page 11, line 12, insert after the period the following new 
     sentence: ``The review of a wildfire incident shall include 
     an assessment of what actions, if any, could have been taken 
     in advance of the fire that may have prevented the fire or at 
     least reduced the severity of the fire.''

  The Acting CHAIR. Pursuant to House Resolution 281, the gentleman 
from Washington (Mr. Hastings) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. HASTINGS of Washington. Thank you, Mr. Chairman.
  Mr. Chairman, Einstein's definition of insanity is doing the same 
thing over and over and expecting a different result. In order not to 
be a continuing example of Einstein's observation, this bill wisely 
requires the Secretaries to conduct a review of major wildlife 
incidents and report the results of the review to Congress.
  My amendment simply directs that these reports include an assessment 
of what actions could have been taken before the fire that would have 
prevented or lessened the severity of the fire. I believe my amendment 
will increase the value and usefulness of the information gathered, and 
I urge its adoption.
  Mr. RAHALL. Will the gentleman yield?
  Mr. HASTINGS of Washington. I yield to the gentleman from West 
Virginia.
  Mr. RAHALL. We accept the amendment on this side.
  Mr. HASTINGS of Washington. Mr. Chair, I urge adoption.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Washington (Mr. Hastings).
  The amendment was agreed to.


         Amendment No. 6 Offered by Mr. Hastings of Washington

  The Acting CHAIR. It is now in order to consider amendment No. 6 
printed in House Report 111-52.
  Mr. HASTINGS of Washington. I have an amendment at the desk made in 
order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Hastings of Washington:
       Page 11, line 12, insert after the period the following new 
     sentence: ``The review of a wildfire incident shall include 
     an assessment of the quantity of greenhouses gases produced 
     as a result of the fire.''.

  The Acting CHAIR. Pursuant to the rule, the gentleman from Washington 
(Mr. Hastings) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. HASTINGS of Washington. Thank you, Mr. Chairman. Mr. Chairman, 
the President has proposed that the Federal Government impose a cap-
and-trade system aimed at limiting and reducing carbon emissions in our 
country. This cap-and-trade system is really a national energy tax that 
could cost $2 trillion. As a result of that, American families could 
pay up to $3,100 per year in higher energy and fuel costs.
  Let's set aside the fact that our economy can't afford such a massive 
new tax on such basic essential services as electricity. Let's also set 
aside the fact that we'd be handicapping the American worker and small 
business by imposing such a tax when China and India are 
unapologetically racing to expand carbon emissions in their country.
  The President's cap-and-trade scheme aims to curb manmade carbon 
emissions, but the bill before us today is about wildfires--and the 
fact is that we know very little about the massive carbon emissions 
created by such fires.
  Yet, what little information we do have on wildfires is absolutely 
astonishing. For example, the 2003 Hayman fire in Colorado produced 
more CO2 than was produced by the entire population of the 
State of Colorado in a single year.
  My amendment simply directs the Forest Service to gather information 
on the emissions of wildfires because such knowledge is an essential 
component in making national policy decisions on greenhouse gases that 
are based on facts and proven science and not conjecture and unproven 
consensus.
  We can't afford to impose a $2 trillion energy tax on our economy and 
on American families and small businesses, especially when we weren't 
even aware of the massive carbon outputs of wildfires that the Federal 
Government is doing enough to prevent right now.
  So I urge support of my amendment.
  Mr. RAHALL. Will the gentleman yield?
  Mr. HASTINGS of Washington. I yield to the gentleman from West 
Virginia.
  Mr. RAHALL. I thank the gentleman for yielding. We accept the 
amendment on this side.
  Mr. HASTINGS of Washington. Mr. Chairman, I urge adoption of the 
amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Washington (Mr. Hastings).
  The amendment was agreed to.


                Amendment No. 7 Offered by Mr. Heinrich

  The Acting CHAIR. It is now in order to consider amendment No. 7 
printed in House Report 111-52.
  Mr. HEINRICH. Mr. Chair, I have an amendment made in order under the 
rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Heinrich:
       Page 11, after line 4, insert the following new paragraph:
       (6) A system to assess the impacts of climate change on the 
     frequency and severity of wildland fire.

  The Acting CHAIR. Pursuant to House Resolution 281, the gentleman 
from New Mexico (Mr. Heinrich) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Mexico.
  Mr. HEINRICH. Mr. Chairman, I yield myself such time as I may 
consume.
  Thank you, Chairman Rahall, for championing this legislation. I 
support the FLAME Act because it's critical to protecting the public 
safety of New Mexico's First Congressional District.
  The forest fire season has begun earlier than ever in various areas 
of the Cibola National Forest in my congressional district, and 
specifically in the Mountainair Ranger District, where last year we saw 
the Trigo fire burn 14,000 acres over a period of a month. As you can 
imagine, being prepared for this year's fire season is a top priority 
for us.
  The focus of this legislation is clearly the creation of a 
Catastrophic Wildfire Fund. But the bill also calls for a cohesive 
wildland fire management strategy. The amendment that I'm offering 
simply ensures that this strategy includes an assessment of the impacts 
of climate change on the frequency and severity of wildland fires.
  Such an assessment is critical to our understanding of how the 
dynamics of fire seasons are dramatically affected due to changes in 
weather and temperature. Our forests are already experiencing climate 
change as we speak. I can see the effect on the forest when I hike 
through the Sandia Wilderness in my district. One of the primary 
consequences of these changes is the substantial increase in the 
forests' vulnerability to fire.
  To put it simply, snow pack in our mountains is melting earlier in 
the season and at a much faster rate, resulting in dryer conditions 
earlier in the fire season on. This requires land managers to be 
prepared for fires much earlier than they have before, placing even 
more demands on the firefighters who make up our first line of defense.
  In addition, warmer temperatures earlier in the year have allowed for 
more generations of insects like bark beetles to reproduce each summer. 
We've had serious bark beetle outbreaks in our Pinon and Ponderosa 
forests--and the damage that they do to

[[Page 8811]]

trees contributes to significant deadwood on the forest floor, creating 
even more fuel for wildland fires.
  Firefighters tell us that the conditions resulting from the bark 
beetle's impact create a different kind of fire--one that is more 
intense, more persistent, and more resistant to the tools that they 
have used to against them in the past.

                              {time}  1045

  This is why we must understand these trends resulting from our 
changing climate and the impact that they have on forest fire behavior. 
Moreover, forest fires have a compounding effect on climate change. 
Catastrophic forest fires release more greenhouse gases into the 
atmosphere than the carbon cycle can naturally process, which 
exacerbates the warming cycle and makes forests more vulnerable to 
fire.
  Recognizing these changing conditions and being prepared to address 
them is essential to the safety of our firefighters and the communities 
that they risk their lives to protect. I strongly believe that my 
amendment will help every community threatened by wildfire to be better 
prepared for the fires that we will face in coming years.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Chairman, I ask unanimous consent to 
claim the time in opposition, although I am not opposed to the 
amendment.
  The Acting CHAIR. Without objection, the gentleman from Washington is 
recognized for 5 minutes.
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Chairman, the amendment offered by 
the gentleman from New Mexico deals with what issues Federal agencies 
should take into account when preparing a cohesive wildland fire 
management strategy.
  I will simply note the irony that Democrats on the Rules Committee 
made when they allowed this amendment to be made in order to require 
that the management strategy analyze how the world's atmosphere and 
climate might impact the frequency in severity of wildfires; and yet, 
my amendment to have the agencies include fire prevention practices on 
fire management was not made in order. Apparently, we prefer to 
dedicate our Federal firefighters' time to speculation about the 
weather and not on real on-the-ground, human-controlled actions that 
are proven to prevent fires from ever happening. So it seems to me our 
priorities, at least from the Rules Committee standpoint, might be a 
bit misplaced. But, nevertheless, this is a good amendment and we 
accept it.
  I reserve the balance of my time.
  Mr. HEINRICH. Mr. Chairman, I yield 2 minutes to the gentleman from 
West Virginia (Mr. Rahall).
  Mr. RAHALL. Mr. Chairman, I appreciate the gentleman yielding. I want 
to thank him for his amendment, and we accept it.
  Mr. HASTINGS of Washington. I yield back the balance of my time.
  Mr. HEINRICH. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Mexico (Mr. Heinrich).
  The amendment was agreed to.


                 Amendment No. 8 Offered by Mr. Minnick

  The Acting CHAIR. It is now in order to consider amendment No. 8 
printed in House Report 111-52.
  Mr. MINNICK. Mr. Chairman, I rise today with an amendment to H.R. 
1404, the Federal Land Assistance Management and Enhancement Act.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mr. Minnick:
       Page 7, after line 13, insert the following new paragraph:
       (5) Effect of insect infestations.--For purposes of 
     applying clauses (ii) and (iii) of paragraph (2)(A), the 
     Secretaries shall take into account areas where insect 
     infestation has created an extreme risk for wildfire.

  The Acting CHAIR. Pursuant to House Resolution 281, the gentleman 
from Idaho (Mr. Minnick) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Idaho.
  Mr. MINNICK. Mr. Chairman, our Nation's forests are in a state of 
crisis. In Idaho and throughout the West, the bark beetle is wreaking 
havoc on our healthy forests and increasing the risk and intensity of 
wildfires. The FLAME Act addresses the escalating costs of wildfires by 
creating a government fund for devastating emergency wildfires. My 
amendment addresses the growing problem that the bark beetle has on our 
forests.
  This beetle is killing millions of trees out West, and the dead and 
dying trees they leave in their wake create the kind of fuel that can 
feed major wildfires and threaten our communities.
  My amendment directs the allocation of funding in this Act to account 
for forest areas, not only in Idaho, but throughout the country, that 
have been greatly damaged by the infestation of invasive insects. Those 
areas have high potential to burn quickly, and must be managed in an 
effective way for the benefit and protection of local communities.
  Mr. RAHALL. Will the gentleman yield?
  Mr. MINNICK. I yield to the gentleman from West Virginia.
  Mr. RAHALL. I appreciate the gentleman's amendment, thank him for his 
work, and we accept the amendment.
  Mr. MINNICK. I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Chairman, I ask unanimous consent to 
claim the time in opposition, although I am not opposed to the 
amendment.
  The Acting CHAIR. Without objection, the gentleman from Washington is 
recognized for 5 minutes.
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Chairman, I am pleased the majority 
has acknowledged with this amendment the importance of prevention.
  Whether the risk be beetle infestation or other disease, we can 
prevent forest fires if we manage our forests. I hope in the future we 
can take genuine strides to prevent catastrophic fire. This amendment 
is just one small piece of a much broader prevention strategy that is 
needed.
  If the gentleman is prepared to yield back, I yield back the balance 
of my time.
  Mr. MINNICK. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Idaho (Mr. Minnick).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. MINNICK. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Idaho will 
be postponed.


                  Amendment No. 9 Offered by Mr. Lujan

  The Acting CHAIR. It is now in order to consider amendment No. 9 
printed in House Report 111-52.
  Mr. LUJAN. Mr. Chairman, I have an amendment at the desk made in 
order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Lujan:
       Page 11, after line 4, insert the following new paragraph:
       (6) A system to study the effects of invasive species on 
     wildland fire risk.
       Page 14, after line 7, insert the following new 
     subparagraph:
       (E) Implementation of fire-safety programs focused on the 
     eradication or control of invasive species.

  The Acting CHAIR. Pursuant to House Resolution 281, the gentleman 
from New Mexico (Mr. Lujan) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Mexico.
  Mr. LUJAN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chair, I thank Mr. Rahall for his leadership on this issue.
  All across New Mexico and the United States, wildfires are a growing 
hazard, posing a threat to life and property when woodland ecosystems 
meet developed areas.
  In recent decades, invasive species have increased the wildfire 
threat to

[[Page 8812]]

woodland ecosystems throughout the Southwest and other regions of the 
country. With my colleagues, Congresswoman Markey of Colorado and 
Congressman Connolly of Virginia, I have proposed this amendment to 
limit fire risk resulting from the negative impacts of invasive 
species.
  In my district, invasive species have become a problem. Increasing 
the threat of fire in woodland areas, several years of drought combined 
with high tree densities allowed pine bark beetle populations to reach 
outbreak levels between 2002 and 2004, killing millions of pinyon and 
ponderosa pine trees in New Mexico and Arizona. Aerial survey data 
found that 3.4 million acres in the region were affected during that 
period. These dead trees have amplified the threat of fire in woodland 
areas by increasing the amount of dead and downed organic material, 
material that is just waiting for a spark.
  This amendment will help decrease the threat of wildfires by 
identifying ways to reduce fire hazards through the study of invasive 
species and the increased fire vulnerability they cause.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Chairman, I ask unanimous consent to 
claim the time in opposition, although I am not opposed to the 
amendment.
  The Acting CHAIR. Without objection, the gentleman from Washington is 
recognized for 5 minutes.
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Chairman, clearly invasive species 
have a role in destroying our valuable forests. My understanding is 
that the grants made available under this amendment would go towards 
programs focused on eradication of invasives.
  Much like a weed infested, untended garden, our forests are being 
overtaken and destroyed. This condition is completely unnecessary, but 
our land managers now spend most of their time dealing with lawsuits, 
either preparing to be sued or being sued, while our forests go 
untreated. This is a good amendment, and I urge adoption.
  I reserve the balance of my time.
  Mr. LUJAN. Mr. Chairman, I yield 2 minutes to the gentleman from 
Virginia (Mr. Connolly).
  Mr. CONNOLLY of Virginia. Mr. Chairman, I thank my colleague.
  This amendment adds a single element to section 3 of the FLAME Act, 
directing the Secretaries of Interior and Agriculture to develop a 
cohesive wildland fire management strategy.
  As my colleague from New Mexico just indicated, invasive species 
really can be very destructive and, frankly, affect every part of the 
United States. For example, the gypsy moth defoliates and kills oak 
trees throughout the Northeast and Mid-Atlantic.
  In my own region, the hemlock wooly adelgid has a similar range, but 
it infects and kills Eastern and Carolina hemlocks. Ninety percent of 
all of the hemlock trees in Virginia have been killed by this pest, and 
it is spreading, and it is spreading from the Southeast toward the 
Northeast and the Midwest. The southern pine beetle defoliates vast 
stands of pines in the South, wreaking havoc and creating tinderboxes 
in dry conditions.
  The Forest Service recognizes these fire hazards. In 2002, in a 
report about the western bark beetle, the agency said that, ``Extreme 
fuel loads pose a significant threat to property and life,'' and, 
``Mortality caused by bark beetles increases the risk of catastrophic 
fires.''
  This fire hazard is not limited to Western States. The Daniel Boone 
National Forest national managers, for example, said they ``are 
concerned about the debris from dead and dying trees that are now 
covering the forest floor. This debris dramatically increases the fuel 
load in these areas, which may create severe conditions in the event of 
a wildfire.''
  Since invasive species can create conditions under which large fires 
are much more likely, it would be appropriate to try to prevent these 
hazardous fuels from accumulating by suppressing the pest in the first 
place.
  I am delighted to join in this amendment. I thank my colleague from 
New Mexico and in advance my colleague from Colorado for joining in 
this effort, and I look forward to its adoption.
  Mr. HASTINGS of Washington. I reserve the balance of my time.
  Mr. LUJAN. Mr. Chairman, may I inquire of the time remaining.
  The Acting CHAIR. The gentleman from New Mexico has 1\1/2\ minutes 
remaining.
  Mr. LUJAN. Mr. Chairman, I would yield 1\1/4\ minutes to the 
gentlelady from Colorado, Congresswoman Markey.
  Ms. MARKEY of Colorado. Mr. Chairman, I rise today in support of an 
amendment to the FLAME Act that I coauthored along with Congressman 
Lujan and Congressman Connolly.
  Our amendment would provide for a management plan that would study 
the effects on wildfire risk. This amendment would also expand 
eligibility to allow grants to focus their fire prevention by 
eradicating invasive species. One such invasive species is tamarisk.
  Since the 1960s, Westerners have worked to rid the region's rivers of 
tamarisk, hoping to salvage scarce water, protect wildlife, or fend off 
wildfire. Millions of dollars and countless back-breaking hours are 
spent each year on efforts to hack down and poison the plants.
  Tamarisk has displaced native vegetation on approximately 1.6 million 
acres of land in the West and continues to spread. Studies have shown 
that mature tamarisk can uptake nearly 200 gallons of water a day. Due 
to this, the West is losing 2 million to 4.5 million acre-feet of water 
per year because of tamarisk. In Southeastern Colorado, this has made 
the land more arid, which has made it susceptible to wildfire. Our 
amendment will help suppress growth by eradicating the problem before 
it starts.
  I want to thank my colleagues for working with me on this amendment, 
and I want to thank Chairman Rahall for his support of our amendment 
and for his leadership on this bill. I urge all Members to support our 
amendment.
  Mr. HASTINGS of Washington. I yield back the balance of my time.
  Mr. LUJAN. Mr. Chairman, this is an important issue, and this issue 
needs to be dealt with in a manner that is timely and adequate. I urge 
passage of the amendment.
  Mr. LUJAN. Mr. Chair, thank you Mr. Rahall for your leadership on 
this issue. All across New Mexico and the United States, wildfires are 
a growing hazard, posing a threat to life and property when woodland 
ecosystems meet developed areas. In recent decades, invasive species 
have increased the wildfire threat to woodland ecosystems throughout 
the southwest and other regions of the country. With my colleagues 
Congresswoman Markey of Colorado and Congressman Connolly of Virginia, 
I have proposed this amendment to limit fire risk resulting from the 
negative impact of invasive species.
  In my district, invasive species have become a problem--increasing 
the threat of fire in woodland areas. Several years of drought combined 
with high tree densities allowed pine bark beetle populations to reach 
outbreak levels between 2002 and 2004, killing millions of pinon and 
ponderosa pine trees in New Mexico and Arizona. Aerial survey data 
found that 3.4 million acres in the region were affected during this 
period.
  These dead trees have amplified the threat of fire in woodland areas 
by increasing the amount of ``dead and down'' organic material--
material that is just waiting for a spark. This amendment will help 
decrease the threat of wildfires by identifying ways to reduce fire 
hazards through the study of invasive species and the increased fire 
vulnerability they cause.
  Mr. Chair, this is an important issue and an issue that is timely and 
adequate. With that Mr. Chair I urge the passage of my amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Mexico (Mr. Lujan).
  The amendment was agreed to.

                              {time}  1100


                 Amendment No. 10 Offered by Mr. Rahall

  The Acting CHAIR. It is now in order to consider amendment No. 10 
printed in House Report 111-52.
  Mr. RAHALL. On behalf of Mr. Matheson of Utah, Mr. Chairman, I offer 
his amendment No. 10.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:


[[Page 8813]]

       Amendment No. 10 offered by Mr. Rahall:
       Page 11, after line 4, insert the following new paragraph:
       (6) A plan, developed in coordination with the National 
     Guard Bureau, to maximize the use of National Guard resources 
     to fight wildfires.

  The Acting CHAIR. Pursuant to House Resolution 281, the gentleman 
from West Virginia (Mr. Rahall) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from West Virginia.
  Mr. RAHALL. This is a simple amendment, Mr. Chairman. It would allow 
the National Guard to participate in the fighting of wildfires.
  Mr. HASTINGS of Washington. Will the gentleman yield?
  Mr. RAHALL. I yield to the gentleman from Washington.
  Mr. HASTINGS of Washington. This amendment would direct better 
coordination of the National Guard with wildfires. I think it is a good 
amendment, and we will accept it on this side.
  Mr. RAHALL. I yield back.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from West Virginia (Mr. Rahall).
  The amendment was agreed to.


        Amendment No. 12 Offered by Mrs. Kirkpatrick of Arizona

  The Acting CHAIR. The Chair has been notified that amendment No. 11 
will not be offered.
  It is now in order to consider amendment No. 12 printed in House 
Report 111-52.
  Mrs. KIRKPATRICK of Arizona. Mr. Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mrs. Kirkpatrick of Arizona:
       Page 11, line 25, strike ``that--'' and insert the 
     following: ``that satisfies the requirement of paragraph (1), 
     and the requirements in at least two of the other four 
     paragraphs, as follows:''.

  The Acting CHAIR. Pursuant to House Resolution 281, the gentlewoman 
from Arizona (Mrs. Kirkpatrick) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentlewoman from Arizona.
  Mrs. KIRKPATRICK of Arizona. Mr. Chairman, I yield to myself such 
time as I may consume.
  Mr. Chairman, I am offering an amendment to the FLAME Act to amend 
the definition of ``fire-ready community.'' The overall bill is of 
great concern to my district, where 6 million acres of national forest 
provide access to unique natural resources, but also pose a great risk 
of fire.
  We are just a few short weeks from the official beginning of wildfire 
season in the State of Arizona. In fact, there was a report in the 
Prescott Daily Courier yesterday of a start of a wildfire in the Skull 
Valley area. For the next 6 months, more than 7,000 professional 
firefighters and countless volunteers will be on constant alert. We 
have already begun fighting fires just miles from the site of the 
Rodeo-Chediski fire that devastated Arizona's First District 7 years 
ago. And we expect to be tested throughout the district very soon.
  The drought that has been ravaging Arizona for many years makes us 
even more vulnerable to wildfires than we once were. Just last year, in 
Yavapai County, which is in my district, we lost almost 9,000 acres and 
nearly lost the historic community of Crown King when a hiker started a 
small signal fire. And that was just one of the 1,850 wildfires that 
ranged over our State, burning 85,000 acres. And that was a mild 
wildfire season.
  Our firefighters have bravely contained fires year in and year out 
doing outstanding work to keep our citizens safe. They have risked 
their lives combating wildfires in Arizona and across the country. With 
some of the best training in the world available at the Wildfire 
Academy in Prescott, which was started with the efforts of my cousin, 
Cory Kirkpatrick, I have no doubt they will come into this wildfire 
season as well prepared as ever to protect our homes and communities.
  But with the millions of acres of national forest for them to protect 
in the First District of Arizona alone and the State Forestry Division 
responsible for more than 22 million acres, bravery and readiness may 
not be enough. They need our assistance to partner with local 
communities for the implementation of a community wildfire protection 
plan, along with a provision for training, education and equipment.
  That is why I have offered this amendment, which changes the 
definition of ``fire-ready community,'' the cities and towns that will 
receive Firefighting Capability Grants. Under my amendment, cities that 
have taken good-faith steps to prepare for wildfire and are in regions 
considered high priority will be eligible for these grants.
  With so much at stake, we should be making it easier for towns to 
receive the help they need to prepare and protect against devastating 
wildfires. To that end, I urge support of my amendment.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Chairman, I ask unanimous consent to 
claim the time in opposition, although I'm not opposed to the 
amendment.
  The Acting CHAIR. Without objection, the gentleman from Washington is 
recognized for 5 minutes.
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Chairman, my understanding is that 
this amendment makes it easier for communities to qualify for grants. 
These funds will be well spent if they actually go towards real fuel 
reduction. Neither taxpayers nor communities in harm's way of potential 
wildfires can afford to have funds used merely to nibble around the 
edges, avoiding tackling the real problem of fuel buildup.
  This is a good amendment. I support it.
  If the gentlelady is ready to close, I will yield back my time.
  Mr. RAHALL. Will the gentlewoman yield?
  Mrs. KIRKPATRICK of Arizona. I yield to the gentleman from West 
Virginia.
  Mr. RAHALL. I thank the gentlewoman from Arizona and commend her on 
her excellent amendment and rise in support of it.
  Mrs. KIRKPATRICK of Arizona. I yield back my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Arizona (Mrs. Kirkpatrick).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mrs. KIRKPATRICK of Arizona. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Arizona 
will be postponed.


               Amendment No. 13 Offered by Mr. Goodlatte

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in House Report 111-52.
  Mr. GOODLATTE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. Goodlatte:
       Add at the end the following new section:

     SEC. 6. DEPARTMENT OF AGRICULTURE PARTNERSHIPS TO REDUCE 
                   HAZARDOUS FUELS ON NATIONAL FOREST SYSTEM LANDS 
                   TO PREVENT OR REDUCE THE SEVERITY OF WILDFIRES.

       (a) Definitions.--In this section:
       (1) Contract.--The term ``contract'' means any contracting 
     authority available to the Secretary of Agriculture, 
     including a sole source contract or other agreement for the 
     mutual benefit of the Secretary and a State Forester.
       (2) Good neighbor project.--The term ``good neighbor 
     project'' means any project on National Forest System land 
     that meets the requirements for hazardous fuels reduction 
     projects under subsections (a), (d), (e), and (f) of section 
     102 of the Healthy Forests Restoration Act (16 U.S.C. 6512).
       (3) State forester.--The term ``State Forester'' has the 
     meaning given that term in section 4(k) of the Cooperative 
     Forestry Assistance Act of 1978 (16 U.S.C. 2103).
       (b) Partnership Authority.--The Secretary of Agriculture 
     (in this section referred to as the ``Secretary'') may enter 
     into contracts or cooperative agreements with a

[[Page 8814]]

     State Forester to prepare and implement good neighbor 
     projects on National Forest System land to complement any 
     similar project being performed on bordering or adjacent non-
     Federal land. The decision to proceed with a good neighbor 
     project is in the Secretary's sole discretion.
       (c) State Forester or Equivalent Official as Agent.--A 
     cooperative agreement or contract under subsection (b) may 
     authorize the State Forester to serve as the agent for the 
     Secretary in providing all services necessary to facilitate 
     the performance of good neighbor projects, except that any 
     decision with respect to a good neighbor project required to 
     be made under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) may not be delegated to a State 
     Forester or any officer or employee of the State Forester.
       (d) Project Requirements.--In implementing any good 
     neighbor project, the Secretary shall ensure that--
       (1) the project is consistent with the applicable land and 
     resource management plan developed under section 6 of the 
     Forest and Rangeland Renewable Resources Planning Act of 1974 
     (16 U.S.C. 1604); and
       (2) the project improves the cost efficiency of managing 
     the National Forest System land covered by the project, as 
     determined by the Secretary.
       (e) Priority for Collaborative Projects.--The Secretary 
     shall give priority to good neighbor projects that are--
       (1) developed in collaboration with nongovernmental 
     entities;
       (2) consistent with a community wildfire protection plan 
     (as defined in section 101 of the Healthy Forests Restoration 
     Act of 2003 (16 U.S.C. 6502)); or
       (3) prepared in a manner consistent with the Implementation 
     Plan for the Comprehensive Strategy for a Collaborative 
     Approach for Reducing Wildland Fire Risks to Communities and 
     the Environment, dated May 2002, developed pursuant to the 
     conference report to accompany the Department of the Interior 
     and Related Agencies Appropriations Act, 2001 (House Report 
     No. 106-64), and subsequent revisions of the implementation 
     plan.
       (f) Relation to Other Laws.--Subsections (d) and (g) of 
     section 14 of the National Forest Management Act of 1976 (16 
     U.S.C. 472a) shall not apply to a contract or other agreement 
     under this subsection.
       (g) Subcontracting by a State Forester.--A State Forester 
     may subcontract to the extent allowed by State and local law 
     to prepare or implement a contract or other agreement under 
     this section.

  The Acting CHAIR. Pursuant to House Resolution 281, the gentleman 
from Virginia (Mr. Goodlatte) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. GOODLATTE. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, I commend Chairman Rahall for addressing this important 
issue over the last 2 years. The wildfire funding problems for the 
Forest Service are some of the most challenging issues the agency faces 
today. Wildfire funding costs have skyrocketed over the last decade and 
are consuming the Forest Service's budget, which means there is less 
funding for other Forest Service needs.
  We will continue to see high costs and more damage to our forests and 
communities unless we take steps to reduce fire risk in our Federal 
forests. We must provide the Forest Service with additional tools to 
get our Federal forests in a healthy, more fire-resistant condition.
  I support the underlying purpose of this legislation. However, the 
bill does not do enough to address the problem causing the increasing 
costs of fighting fires; that is, the unhealthy conditions of our 
forests.
  My amendment to the FLAME Act will provide the Forest Service with an 
additional tool to address these problems that will ultimately leave 
our forests in a healthier condition and will yield a savings for the 
taxpayers.
  My amendment creates a new contracting tool for the Forest Service to 
partner with States. This will give the Forest Service permanent 
authority to contract with States to reduce wildfire risks across 
boundary lines. This practice is commonly known as ``good neighbor 
authority,'' and has been tested in States like Colorado and Utah, 
where it has proven to be effective. Currently, H.R. 1404 contains no 
such tool for the Forest Service.
  The significance of this measure is that it will encourage both 
Federal and State agencies to work together to address unhealthy 
conditions in Federal forests. Fires know no boundaries. They can start 
on Federal land and easily spread to State and private forestland. My 
amendment provides a more comprehensive approach to preventing 
dangerous fires and fighting them when they happen.
  I'm pleased that my amendment has the support of several forestry 
groups, including the Society of American Foresters, the Council of 
State Foresters, the Forest Foundation and other forestry groups. I 
have also spoken with the Forest Service, and they have told me that 
they have no objections to this amendment.
  Let me be clear. This amendment is meant to protect our forests from 
catastrophic fire. Like everyone else, I want to see our treasured 
national forests protected from fires. By allowing Federal and State 
agencies to work in tandem to reduce hazardous fuels, we are ensuring 
that our forests are protected for generations to come.
  I urge my colleagues to support this amendment.
  I reserve the balance of my time.
  Mr. RAHALL. Mr. Chairman, I rise to claim the time in opposition to 
the amendment.
  The Acting CHAIR. The gentleman from West Virginia is recognized for 
5 minutes.
  Mr. RAHALL. I yield myself such time as I may consume.
  Mr. Chairman, I rise in opposition to the Goodlatte amendment. The 
amendment would provide expansive new contracting authority to State 
foresters to perform so called ``good neighbor projects'' on national 
forest system lands. My concern here is not with these types of 
projects in and of themselves, but rather the way the amendment would 
allow these type of projects to proceed.
  In effect, the amendment represents an unwarranted authority which 
could undermine current protections in the law that protect taxpayer 
interests, forest worker rights and which ensure adequate environmental 
review for activities occurring on forest lands.
  Some supporters of this proposal are seeking to use the pending 
legislation to make wholesale changes in Federal forest management. 
Specifically, the amendment would eliminate existing requirements on 
public notification and advertising of timber sales. It would eliminate 
requirements separating the planning of projects from those with a 
financial interest in the project.
  The transfer of contracting authority from the Federal Government to 
the States also has impacts on Federal worker-protection laws. Under 
existing law, the Forest Service must ensure that contracts adhere to 
Federal labor standards. These contract labor laws provide fair wage 
rates and compensation for overtime.
  These Federal labor standards do not apply to contracts issued by 
individual States. As such, wage standards and overtime requirements 
that are required for any Federal contract would not apply under this 
amendment, since a State would be the contracting agent.
  The Obama administration has highlighted the risk to the taxpayer of 
the reliance of Federal agencies on sole-source contracting, for which 
this amendment provides. A March 4 memorandum on government contracting 
states clearly that it is the policy of the Federal Government that 
executive agencies shall not engage in noncompetitive contracts, except 
where appropriate safeguards have been put in place to protect the 
taxpayer. We have seen what happens when the government turns over 
contracting to a sole-source entity.
  The underlying measure before the House today is about ensuring 
firefighters have the resources they need to combat wildfires. We have 
had our fire drills on forest management battles in the past.

                              {time}  1115

  This is not the time or place to have another.
  I would note that this amendment is opposed by the AFL-CIO Building 
and Construction Trades. It's opposed by the Carpenters' Union as well. 
I have those communications in front of me.
  And I would note that, while the gentleman from Virginia, as well-
intentioned as he is in his efforts, and has

[[Page 8815]]

noted that the Forest Service does not oppose the amendment, of course 
they don't. They cannot. And they are not for the amendment either. Of 
course they cannot be.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Chairman, at this time I am pleased to yield 1 
minute to the gentleman from Utah (Mr. Bishop).
  Mr. BISHOP of Utah. Mr. Chairman, I appreciate the opportunity to 
speak in favor of this amendment.
  This amendment simply gives the Secretary of Agriculture some 
flexibility to work in relationship with State directors to try and 
solve problems that exist.
  In 2007, in my State of Utah, there was a half a million acres that 
were burned. Four-fifths of that was on Federal property. 
Unfortunately, fire, being stupid, didn't know enough to stop at the 
Federal line, and it actually did impinge on private property. There 
has been too much private property lost. There have been too many young 
lives that were lost in those fires. We need to have a solution to 
that.
  The States of Colorado and Utah have been working on this program, 
and it has been effective. It's been effective in saving lives. It's 
been effective in saving property. It's been effective in alleviating 
the amount of fuel, the intensity of the fires and, over time, that 
simply helps our forest, it helps life, it helps the environment, it 
helps clean the air, and I thank the gentleman from Virginia for 
actually presenting this amendment. In Utah it works. In Colorado it 
works. It can work in other places as well.
  Mr. RAHALL. Mr. Chairman, I am the last speaker. I am ready to close 
on my side.
  Mr. GOODLATTE. Mr. Chairman, at this time I am pleased to yield 1 
minute to the ranking member, the gentleman from Washington State (Mr. 
Hastings).
  Mr. HASTINGS of Washington. Mr. Chairman, this is an excellent 
opportunity, with this amendment, for us to insist that fire prevention 
activities be part of the overall wildland fire management equation. 
Mr. Goodlatte's program to encourage cooperative management across 
Federal, State and private forest lands is, very simply, a positive 
step.
  Wildfires do not read maps, and they do not respect boundaries. So by 
taking advantage of the non-Federal fuel reduction efforts, we can, in 
the long run, leverage more protection. And the one thing that this 
bill doesn't have enough of is protection. This is a positive step in 
that direction.
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I want to quote from the building and construction 
trades letter to me in opposition to the pending amendment. They state 
their opposition to the Goodlatte amendment to H.R. 1404, the FLAME 
Act, because it will deprive employees of private contractors of 
Federal labor standards protection otherwise applicable to them while 
working on Federal land. The protective labor standards in the 
McNamara-O'Hare Service Contract Act and the Davis-Bacon Act, which 
would otherwise apply if these contracts are awarded by the U.S. Forest 
Service or the BLM, will not be applied to this work, even though it 
will be performed on national forest system land for the benefit of the 
Federal Government. For this reason, we urge the House to reject the 
Goodlatte amendment.
  A similar telecommunication this morning to our office from the 
United Brotherhood of Carpenters and Joiners of America states that 
they are absolutely opposed to the Goodlatte amendment. Turning this 
work over to State governments deprives the workers on these projects 
of Federal labor law protections, and this is something we would never 
support.
  That, again, is from the United Brotherhood of Carpenters. So, for 
these reasons and the reasons I stated in my previous statement, Mr. 
Chairman, I would urge our colleagues to reject this amendment.
  I reserve the balance of my time.
  The Acting CHAIR. The gentleman from Virginia has 1 minute remaining.
  Mr. GOODLATTE. I yield myself the balance of my time.
  Mr. Chairman, I want to, again, encourage my colleagues to support 
this amendment. I say to the chairman of the committee, I appreciate 
the concerns that he has raised, but as has been correctly noted, we 
are having ever-increasing problems with fighting forest fires each 
season. They do not recognize boundaries.
  I think some of the labor concerns that the gentlemen have raised 
will actually work to the benefit of the groups that have raised these 
concerns because it is more likely that more work will be done by 
Federal-contracted employees under Federal rules on private and State 
lands if this kind of partnership and cooperation is allowed, than the 
reverse will be taking place.
  Nonetheless, we should not wait while we work through all those 
things and force people to dance on the head of a pin, when we have the 
opportunity to work cooperatively right now among all those who are 
affected by forest fires.
  We should enable a good neighbor policy to help fight forest fires. 
It will save the taxpayer dollars. It will make our forest healthier, 
it will allow us to move forward.
  And finally, I'd say to the gentleman that yesterday he conveyed to 
us his willingness to continue to work on these issues regarding the 
health of the forest, and I take him at his word, and look forward to 
continuing to do that. But I think this amendment should be passed.
  Mr. RAHALL. Yes, we will continue to work on these, I would respond 
to the gentleman from Virginia, work on these issues, including, as I 
said yesterday, preventive measures that are so necessary to getting at 
the root of the problem.
  Mr. Chairman, I have no more requests for time, and I yield back the 
balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Goodlatte).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. GOODLATTE. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
will be postponed.


                    Announcement By the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 111-52 on 
which further proceedings were postponed, in the following order:
  Amendment No. 2 by Mr. Perlmutter of Colorado,
  Amendment No. 4 by Mr. Hastings of Washington,
  Amendment No. 8 by Mr. Minnick of Idaho,
  Amendment No. 12 by Mrs. Kirkpatrick of Arizona,
  Amendment No. 13 by Mr. Goodlatte of Virginia.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote of this series.


               Amendment No. 2 Offered by Mr. Perlmutter

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 420, 
noes 0, not voting 17, as follows:

                             [Roll No. 157]

                               AYES--420

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus

[[Page 8816]]


     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (IL)
     Davis (KY)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Polis (CO)
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--17

     Alexander
     Davis (CA)
     Davis (TN)
     Deal (GA)
     Doyle
     Faleomavaega
     Griffith
     Hinojosa
     Hoyer
     Linder
     Miller, Gary
     Murphy, Tim
     Pascrell
     Poe (TX)
     Pomeroy
     Sarbanes
     Souder

                              {time}  1148

  Mrs. TAUSCHER changed her vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


         Amendment No. 4 Offered by Mr. Hastings of Washington

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 420, 
noes 0, not voting 17, as follows:

                             [Roll No. 158]

                               AYES--420

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (IL)
     Davis (KY)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello

[[Page 8817]]


     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Polis (CO)
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--17

     Berkley
     Blackburn
     Davis (CA)
     Davis (TN)
     Deal (GA)
     Doyle
     Faleomavaega
     Griffith
     Hinojosa
     Hoyer
     Linder
     Miller, Gary
     Murphy, Tim
     Pascrell
     Poe (TX)
     Pomeroy
     Souder


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). Two minutes remain in the vote.

                              {time}  1156

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


                 Amendment No. 8 Offered by Mr. Minnick

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 422, 
noes 0, not voting 15, as follows:

                             [Roll No. 159]

                               AYES--422

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (IL)
     Davis (KY)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Polis (CO)
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--15

     Davis (CA)
     Davis (TN)
     Deal (GA)
     Doyle
     Faleomavaega
     Griffith
     Hinojosa
     Hoyer
     Linder
     Miller, Gary
     Murphy, Tim
     Pascrell
     Poe (TX)
     Pomeroy
     Souder


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1204

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


        Amendment No. 12 Offered by Mrs. Kirkpatrick of Arizona

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 418, 
noes 2, not voting 17, as follows:

[[Page 8818]]



                             [Roll No. 160]

                               AYES--418

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (IL)
     Davis (KY)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hunter
     Inglis
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Polis (CO)
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--2

     Issa
     Kucinich
      

                             NOT VOTING--17

     Boren
     Davis (CA)
     Davis (TN)
     Deal (GA)
     Doyle
     Faleomavaega
     Griffith
     Hinojosa
     Hoyer
     Linder
     Miller, Gary
     Murphy, Tim
     Pascrell
     Poe (TX)
     Pomeroy
     Souder
     Welch


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1211

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


               Amendment No. 13 Offered by Mr. Goodlatte

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 148, 
noes 272, not voting 17, as follows:

                             [Roll No. 161]

                               AYES--148

     Aderholt
     Akin
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Dreier
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kline (MN)
     Lamborn
     Latham
     Latta
     Lee (NY)
     Lewis (CA)
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Pitts
     Platts
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Royce
     Ruppersberger
     Scalise
     Schrader
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Sires
     Smith (NE)
     Smith (TX)
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                               NOES--272

     Abercrombie
     Ackerman
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich

[[Page 8819]]


     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCollum
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Price (NC)
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--17

     Davis (CA)
     Davis (TN)
     Deal (GA)
     Doyle
     Faleomavaega
     Griffith
     Hinojosa
     Hoyer
     Linder
     Miller, Gary
     Miller, George
     Murphy, Tim
     Pascrell
     Poe (TX)
     Pomeroy
     Souder
     Welch


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1219

  Mr. MARKEY of Massachusetts changed his vote from ``aye'' to ``no.''
  Messrs. POSEY and BRIGHT changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. SIRES. Mr. Chairman, on rollcall No. 161 I inadvertently miscast 
my vote. I intended to vote ``no'' on that question. I ask unanimous 
consent that this statement appear in the Record adjacent to that 
rollcall.
  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Altmire) having assumed the chair, Mr. Pastor of Arizona, Acting Chair 
of the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
1404) to authorize a supplemental funding source for catastrophic 
emergency wildland fire suppression activities on Department of the 
Interior and National Forest System lands, to require the Secretary of 
the Interior and the Secretary of Agriculture to develop a cohesive 
wildland fire management strategy, and for other purposes, pursuant to 
House Resolution 281, he reported the bill back to the House with 
sundry amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment reported from the 
Committee of the Whole? If not, the Chair will put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. RAHALL. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 412, 
noes 3, not voting 16, as follows:

                             [Roll No. 162]

                               AYES--412

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Chaffetz
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (IL)
     Davis (KY)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pastor (AZ)
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Polis (CO)
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas

[[Page 8820]]


     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--3

     Flake
     Paul
     Sensenbrenner

                             NOT VOTING--16

     Castor (FL)
     Davis (CA)
     Davis (TN)
     Deal (GA)
     Doyle
     Griffith
     Hinojosa
     Hoyer
     Linder
     Miller, Gary
     Murphy, Tim
     Pascrell
     Poe (TX)
     Pomeroy
     Smith (WA)
     Souder

                              {time}  1237

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

                          ____________________