[Congressional Record (Bound Edition), Volume 158 (2012), Part 6]
[House]
[Pages 8440-8451]
[From the U.S. Government Publishing Office, www.gpo.gov]




 ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2013


                             General Leave

  Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and to include extraneous material on the further consideration of H.R. 
5325, and that I may include tabular material on the same.
  The SPEAKER pro tempore (Mr. Graves of Georgia). Is there objection 
to the request of the gentleman from New Jersey?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to House Resolution 667 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. 5325.
  Will the gentlewoman from Florida (Ms. Ros-Lehtinen) kindly take the 
chair.

                              {time}  1224


                     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. 5325) making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2013, and for other purposes, with Ms. Ros-Lehtinen (Acting Chair) 
in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Tuesday, 
June 5, 2012, the amendment offered by the gentleman from Texas (Mr. 
Flores) had been disposed of, and the bill had been read through page 
56, line 24.
  Mr. FRELINGHUYSEN. Madam Chair, I move to strike the last word.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. I yield to the gentleman from Virginia for the 
purpose of engaging in a colloquy.
  Mr. HURT. Thank you, Mr. Chairman.
  In Virginia's Fifth District, State and local officials have been 
working diligently to attract new businesses to create new jobs in 
Southside, Virginia. In Henry County, a county located in Virginia's 
Fifth District, local officials have identified a 200-acre site that 
has the potential to attract major economic development opportunities 
at a time when the Martinsville-Henry County area suffers from the 
highest

[[Page 8441]]

unemployment rate in Virginia--15 percent and 10 percent respectively.
  Unfortunately, Federal regulators, including the Army Corps of 
Engineers, have resisted moving forward with this important initiative 
and stalled the county's permit application because of the lack of an 
identified end-user for the site. At the same time, the potential 
companies that would invest in this site and create jobs in Southside, 
Virginia, are unwilling to commit their resources due to the risk and 
time delays associated with an outstanding permit with the Corps.
  While State regulators have issued permits for the Henry County site, 
the Corps continues to be steadfast in its unwillingness to move 
forward with the permit, even though they have issued permits for 
similar speculative development projects in the past which subsequently 
attracted new industries and jobs to that area.
  Mr. Chairman, this site represents an economic opportunity that could 
bring thousands of jobs to an area of Virginia that is still struggling 
with double-digit unemployment. This project has bipartisan support 
from members of the congressional delegation, as well as Virginia's 
governor, Bob McDonnell.
  Virginia has proven that it is the most attractive State for business 
and has been recognized as such in the past year. If given the 
opportunity, I have no doubt that the site would be the impetus for 
economic development in Martinsville and Henry County, an area which 
needs economic development more than ever.
  Mr. Chairman, I would ask your assistance in working with me to 
ensure that Federal regulators are not needlessly stalling economic 
development and job creation in Virginia's Fifth District and other 
areas of our country.
  With that, I thank the chairman for his leadership on this bill and 
on this issue, and I look forward to working with him.
  Mr. FRELINGHUYSEN. I thank the gentleman from Virginia for bringing 
these concerns to my attention.
  I agree that we must assure that Federal agencies and regulations are 
not contributing to unnecessary delays that harm economic development 
and job creation, especially at a time of economic distress and high 
employment.
  I pledge our committee pledges to work with the gentleman and others 
who have seen an overreaching regulatory process negatively affect job 
prospects in their districts to address these problems.
  With that, Madam Chair, I yield back the balance of my time.
  Mr. VISCLOSKY. Madam Chair, I move to strike the last word.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.
  Mr. VISCLOSKY. I yield to the gentleman from Pennsylvania.
  Mr. DOYLE. Madam Chair, I rise today to engage in a colloquy with the 
chairman and the ranking member.
  I'm here today to express my concern with the future of the Nation's 
inland waterway system.
  The bill before us today, despite the chairman's best efforts, 
continues a trend of underfunding needed infrastructure improvements in 
our Nation's locks and dams. This underfunding is a combination of the 
administration's request and lack of a long-term solution to the Inland 
Waterways Trust Fund.
  Locks and dams are a crucial mechanism of commerce and mode of 
transportation in Pennsylvania. They allow for the transport of 
commodities that are essential to businesses in my region, like coal, 
grain, and scrap metal. Along the Allegheny River, the Army Corps' 
budget for operating locks and dams was cut by nearly one-half in just 
one year.

                              {time}  1230

  Projects on other rivers in the Pittsburgh region, the Ohio and the 
Monongahela, have slowed to a stop or are in need of repair. The cuts 
to this fund have the Corps and surrounding communities and businesses 
wondering exactly how or if a repair will be made if something breaks.
  But this is only a portion of the work that needs to be done, and the 
mechanism that we have to fund new or major rehabilitation projects, 
the Inland Waterways Trust Fund, is also in need of repair. Even in 
times of fiscal restraint, we must find ways to fund projects that 
protect our safety and allow the use of our waterways for commerce. The 
longer we wait to fully respond to the critical needs for our 
infrastructure, the more they are going to cost.
  Madam Chairman, just in a recent article in the Pittsburgh Post-
Gazette, quoting our local Corps person:

       This is it for the Allegheny locks and dams. If something 
     breaks we've got to scramble for funds, and there's no 
     guarantee we'll fix it.

  This has forced the Corps to adopt a fix-when-fail attitude towards 
maintaining about 200 locks and related dams on about 11,000 miles of 
the Nation's rivers. The average lock is over 60 years old. In 
Pittsburgh, they're over 80 years old.
  Mr. Chairman, I would like to work with you and the ranking member to 
find a solution to this urgent need.
  Mr. VISCLOSKY. I yield to the gentleman from Pennsylvania (Mr. 
Critz).
  Mr. CRITZ. Thank you, Mr. Doyle, Mr. Visclosky, and Chairman, for 
yielding.
  I would like to add my voice to Mr. Doyle's on the issue of the aging 
state of our Nation's waterways and the vast shortfalls and funding on 
urgently needed projects. I believe the chairman has done his best, 
given if available funds in the trust fund and would like to work with 
the gentleman from New Jersey to find a long-term solution to this 
issue.
  Consisting of over 230 lock chambers, our inland waterways move 
hundreds of millions of tons of cargo annually. To move this cargo on 
the Nation's highways would require an additional 24 million trucks, 
would cost billions more in fuel costs, and generate millions of tons 
of pollution.
  The Federal Government has invested in this infrastructure for over 
200 years. The locks and dams that are the backbone of this system are 
built with a 50-year design life; yet many, for example, those on the 
Monongahela River in western Pennsylvania, are over 100 years old.
  I am deeply troubled by the lack of funding for these projects and 
specifically by the lack of progress on finding a solution to the 
funding shortfalls in the Inland Waterways Trust Fund. This fund 
generates roughly $85 million per year through a fuel tax on barges, 
yet falls well short of the $380 million per year the Inland Waterways 
Users Board estimates is needed to fully fund capital reinvestments in 
the system.
  The Transportation Department projects that the waterway traffic will 
increase 20 percent by 2020. We can no longer afford to sit on our 
hands and wait for these vital lanes of commerce to fail. We need to 
invest in America and keep our Federal waterways open for business. The 
Inland Waterways System is far too important to allow it to continue to 
languish with inadequate funding and crumbling infrastructure.
  I look forward to working with the chairman, the ranking member, and 
Mr. Doyle to find a solution to this urgent need.
  Mr. VISCLOSKY. I yield to the chairman of the subcommittee, the 
gentleman from New Jersey (Mr. Frelinghuysen).
  Mr. FRELINGHUYSEN. I assure the gentlemen from Pennsylvania that I 
share their concern with the funding of the inland system and the 
solvency of the Inland Waterways Trust Fund. This is why you see 
extensive report language on the Olmsted Locks and Dam and the cost 
overruns at that project, as well as language on the trust fund itself. 
As the gentlemen are aware, any changes to address the solvency of the 
trust fund are most appropriately discussed within the authorizing 
committees. I know they're aware of the situation and are evaluating 
various options.
  The Acting CHAIR. The time of the gentleman from Indiana has expired.
  Mr. FRELINGHUYSEN. I move to strike the last word.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.

[[Page 8442]]


  Mr. FRELINGHUYSEN. I yield to the ranking member for the purpose of a 
colloquy.
  Mr. VISCLOSKY. I thank the gentleman for yielding.
  I simply would associate myself with the chairman's remarks, Mr. 
Critz's remarks and Mr. Doyle's remarks and would simply conclude my 
portion by thanking both gentlemen for raising this vital issue. We 
engage in investing in infrastructure in Afghanistan. We create 
infrastructure investment in Iraq and elsewhere. It is time that we 
repair and invest in the infrastructure, the waterway infrastructure in 
the United States of America, to create jobs in the short term and to 
create jobs in the future.
  Again, I really, from the bottom of my heart, thank the gentlemen for 
raising this issue and look forward to working with them.
  Mr. FRELINGHUYSEN. I yield back the balance of my time.


                     Amendment Offered by Mr. Flake

  Mr. FLAKE. Madam Chair, I have an amendment at the desk that is 
designated as No. 1.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  Each amount made available by this Act (other 
     than an amount required to be made available by a provision 
     of law) is hereby reduced by 0.27260690084897576 percent.

  The Acting CHAIR. Pursuant to the order of the House of Tuesday, June 
5, 2012, the gentleman from Arizona (Mr. Flake) and a Member opposed 
each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Madam Chair, funded at $32 billion, the FY2013 Energy and 
Water appropriation bill that we have under consideration today 
actually spends about $87 million more than we did last year. With a 
$1.3 trillion deficit and a national debt that's now more than $15 
trillion, I think we have got to do better here.
  This amendment simply says let's pare it back. Let's do an across-
the-board cut of .027. Now, the reason we picked that number is that 
would bring us back exactly to last year.
  I think when you look across the country, you look at what State and 
local governments are doing in order to balance their budgets. 
Sometimes they are going all the way back to 2005, 2004, or maybe more 
to balance their budgets. What are we doing here in Congress with a $15 
trillion debt? We're actually increasing spending on some bills.
  Now, we have cut others, and I have supported the so-called Ryan 
budget where we do make some overall cuts, and that's good. But when 
you have a bill like this, I don't know how we can justify increasing 
spending $87 million over last year. Again, as some will say, well, 
this conforms to the budget agreement, the Ryan budget act and the 
302(a) levels that we have set. That is true it does; but I would 
suggest that if we're increasing funding here, this is a good place to 
find savings and perhaps the 302(b) level should have been set a little 
lower.
  I would urge adoption of the amendment. Again, this is simply a cut 
that would take us back to where we were last year--not 2008 or 2009, 
but FY12. I don't think that's unreasonable.
  With that, I reserve the balance of my time.
  Mr. FRELINGHUYSEN. Madam Chair, I rise in opposition to the 
gentleman's amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Madam Chair, I take exception to any claim that 
our bill unnecessarily increases spending. There is one reason that 
this bill is $188 million above fiscal year 2000: it's defense, 
national security. Many Members may not realize it, but nearly one-
third of our bill supports critical national security needs, including 
nuclear weapons. That is actually the origin of why we have a 
Department of Energy today: it's the Atomic Energy Act.
  Only two subcommittees received increases in fiscal year 2013, the 
Energy and Water bill and the Defense bill, because those increases are 
needed to support national security. There are no other reasons.
  The defense portion of this bill is almost $300 million more than 
last year, an increase which directly supports our nuclear weapons and 
national security. Even with those security increases, our bill is 
still less than one-third of 1 percent above last year's bill. That 
means the rest of the bill is cut deeply.
  It means that spending for our nondefense accounts is cut by 800 
million below last year's levels. Even with the increase for defense 
spending, our bill is still below 2009 levels, actually quite close to 
2008 levels. So I'll not accept any criticism that our bill in any way 
is not reflective of this body's work to reduce spending. The House's 
commitment to cut spending, Federal spending, was fully engaged in in a 
bipartisan way by the Energy and Water Subcommittee.

                              {time}  1240

  The gentleman's amendment would cut the bill simply because of the 
increases we provided for defense spending. To be clear, the amendment 
is a cut to national security. That's the point I'll make very clear to 
any Member who has questions on whether to vote for this amendment.
  I urge my colleagues to vote ``no,'' to protect defense spending, and 
I also add a postscript. Our bill, historically, has done things for a 
lot of States. And Arizona has benefited from the Central Arizona Water 
Project. It may not have happened during Mr. Flake's tenure as a Member 
of Congress, but in a bipartisan way we've looked after the needs his 
constituents and Arizonans.
  We are reducing spending. And even as we reduce spending, we have 
obligations to look at other needs across the country in the energy 
sector as well as the water sector, which is why I relate the Arizona 
Central Arizona Project.
  So we're cutting spending. We're reducing spending. We're keeping our 
commitment to the American taxpayers.
  I yield back the balance of my time.
  Mr. VISCLOSKY. I move to strike the last word.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.
  Mr. VISCLOSKY. I also want to add my voice to the chair's in 
opposition to the gentleman's amendment. We just had a colloquy on the 
House floor with several Members from the State of Pennsylvania 
relative to the fate of 230 lock chambers on our inland waterways that 
carry hundreds of millions of tons of cargo. If they fail, we would 
need, as has already been mentioned this morning, 24 million additional 
trucks, which would cost billions more in fuel and generate millions of 
tons of pollution. These locks that are the backbone of this Nation's 
inland waterway system were built with a 50-year design life. Many of 
those that exist in western Pennsylvania are now over a hundred years 
old.
  Relative to cuts, I want to emphasize to our colleagues that there 
was a lot of work that the chairman, the members of this subcommittee, 
and the staffs put into this bill to make very discreet, discerning 
decisions, and in many instances, to make cuts. I would take simply one 
program as an example: environmental cleanup.
  We have, again, a national responsibility to clean up these legacies 
of the Cold War for the health and safety of 300 million people. But we 
made discreet decisions. For defense environmental site-by-site 
decisions, for example, on the Office of River Protection in the State 
of Washington, we are $30 million below last year's level. For the Oak 
Ridge National Laboratory in the State of Tennessee, we're $20 million 
below last year's level. For the Savannah River site in South Carolina, 
we are $43 million below in the current year level. For the Waste 
Isolation Pilot Plant we are $12 million below last year's level. And 
for technology development, to do a better job on this, we're $1 
million below. We made discreet decisions.
  I would simply close by saying that the gentleman at the close of his 
remarks said that he wants this cut to take us back to where we were. 
Those

[[Page 8443]]

locks were built a hundred years ago. I don't want to go back there. We 
are here to take this Nation forward and to invest in the future of 
this Nation so that the young people of this Nation have a future. I do 
not want to go back to where we were.
  I am adamantly opposed to the gentleman's amendment, and I yield back 
the balance of my time.
  Mr. FLAKE. What I simply meant was take back the spending level to 
where we were last year. Nobody wants to go back in time. But if we 
want to talk of a future for our kids, as was mentioned, saddling them 
with $15 trillion in debt doesn't give them much of a future. And 
that's the problem here. We just keep doing that bill after bill after 
bill after bill--increasing spending.
  I take the gentleman's point on the needs of defense, but we've got 
to find savings. We've got to find savings here. We can't continue to 
go on and pile up more debt. And I would suggest that finding savings 
amounting to one-quarter of one penny on this bill is not unreasonable.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. Madam Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Arizona will 
be postponed.


                    Amendment Offered by Mr. DeFazio

  Mr. DeFAZIO. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds made available by this Act may 
     be used by the Assistant Secretary for Fossil Energy to 
     implement or administer any change to the requirement in 
     section 9.104-1(d) of title 48, Code of Federal Regulations 
     (as in effect on January 19, 2001), that to be determined 
     responsible, a prospective contractor must have a record of 
     satisfactory compliance with antitrust laws.

  Mr. DeFAZIO (during the reading). I ask unanimous consent that the 
reading be suspended.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Oregon?
  There was no objection.
  Mr. FRELINGHUYSEN. Madam Chair, I reserve a point of order on the 
amendment.
  The Acting CHAIR. The point of order is reserved.
  Pursuant to the order of the House of Tuesday, June 5, 2012, the 
gentleman from Oregon (Mr. DeFazio) and a Member opposed each will 
control 10 minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. DeFAZIO. This is a very, very dramatic map. The colors indicate 
gasoline prices across America as of last week by county. As you can 
see, the entire west coast of the United States is in bright red.
  Now we often hear from the oil and gas industry that prices are set 
internationally. This is an international market. You have to 
understand that.
  Well, that's kind of interesting. Crude oil prices are down 
dramatically. U.S. production of crude is up a million-and-a-half 
barrels a day. We're exporting gasoline from the United States of 
America. But somehow we're missing that international market on the 
west coast. We're being price gouged on the west coast of the United 
States through a series of rather interesting or perhaps suspicious 
circumstances.
  The largest refinery in Washington State, Cherry Point, experienced a 
fire in February, and it's been quite a bit of time in recovery. It's 
been delayed several times. It's now coming back online. But given the 
fact that it was known that the largest refinery in the Northwest was 
offline, one would think that other refineries in California would 
endeavor to stay online, particularly as we begin the summer driving 
season. Well, no, actually not, because they had to do routine 
maintenance.
  So five refineries in California, just before Memorial Day weekend in 
May, decided that it was time for routine maintenance. Then, suddenly 
we had a shortage. Well, actually we didn't have a shortage. There were 
no gas stations with yellow flags. There were no gas stations with 
little red flags. No one was going without gasoline, but a shortage was 
declared by the industry and the price was jacked up.
  So while the rest of the country has seen prices come down, following 
the international markets, the price on the west coast has gone up, 
skyrocketing last week 13 cents for a gallon of regular. In one week it 
went up. It dropped a penny yesterday. All right. We're on the way 
down. It seems it always goes down a lot slower than it goes up. Kind 
of interesting.
  So I contacted the President's working group for oil price and market 
manipulation, and my inquiry has been referred to various departments 
within the government, including the Justice Department, to look at 
antitrust implications; the Commodity Futures Trading Commission, and 
others, to look at potential market manipulation.

                              {time}  1250

  So I just thought in light of the fact that there may have been--may 
have been--some market manipulation here and perhaps at other times in 
the past, that we should just have a simple statement of fact on behalf 
of the United States House of Representatives. No oil or gas company 
convicted of antitrust violations should be able to access any of the 
$500 million in the Fossil Energy Research and Development section. 
That is to say, taxpayers of the United States should not gift money to 
oil and gas companies that have been convicted of price-gouging the 
taxpayers of the United States of America. Pretty simple.
  I mean, I have even greater concerns over that account; and I joined 
with 102 Republicans, last night, and 36 Democrats in voting to delete 
the $500 million for fossil energy research and development. I think 
the industry can fund it on its own. And I would hope at least those 
102 Republicans last night who voted to totally eliminate that account 
and the 36 Democrats who voted to totally eliminate that account would 
join with me today to say, well, we didn't eliminate the account, but 
we're not going to allow anybody convicted of antitrust that is price-
gouging American consumers and taxpayers to access these taxpayer 
dollars to subsidize their private research and development and 
profits.
  With that, I yield back the balance of my time.
  Mr. VISCLOSKY. Madam Chair, I move to strike the last word.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.
  Mr. VISCLOSKY. I would simply note that what the gentleman from 
Oregon proposes is a commonsense approach to ensuring the highest 
ethical standards for companies that receive a contract with the DOE's 
Office of Fossil Energy. We should not be rewarding companies that have 
a history of predatory economic practices with Federal contractors.
  If his amendment is allowed in order, I would certainly urge my 
colleagues to support it, and I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Madam Chair, I rise to claim time in opposition.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. The gentleman highlights some very difficult 
issues that deserve our attention, and I especially share my 
colleague's concern about gasoline prices, and that's why the committee 
has focused on trying to reduce gas prices in the future.
  However, the areas of antitrust determinations, compliance, and 
enforcement that he mentions, quite honestly, are within the purview of 
the authorizing committee. We are aware of them. We're acutely aware of 
them. We understand where he's coming from.


                             Point of Order

  Mr. FRELINGHUYSEN. Madam Chair, I make a point of order against the 
amendment.

[[Page 8444]]

  The Acting CHAIR. The gentleman may state his point of order.
  Mr. FRELINGHUYSEN. I make a point of order against the amendment 
because it proposes to change existing law and constitutes legislation 
in an appropriation bill and therefore violates clause 2 of rule XXI. 
The rule states in pertinent part: an amendment to a general 
appropriation bill shall not be in order if changing existing law. The 
amendment imposes additional duties.
  I ask for a ruling from the Chair.
  The Acting CHAIR. Does any other Member wish to be heard on the point 
of order? If not, the Chair will rule.
  The gentleman from New Jersey makes a point of order that the 
amendment offered by the gentleman from Oregon proposes to change 
existing law, in violation of clause 2(c) of rule XXI.
  The amendment would limit funds for an assistant Secretary in the 
Department of Energy to implement or administer any change to a cited 
regulation as in effect on January 19, 2001. The Chair is aware that 
such regulation is no longer effective under current law. The amendment 
would therefore require a determination by the assistant Secretary of 
the state of prior regulation, and a further determination of what, if 
anything, has effected a ``change'' to that prior regulation.
  By requiring a new determination, the amendment constitutes 
legislation within the meaning of clause 2(c) of rule XXI. The point of 
order is sustained. The amendment is not in order.


                     Amendment Offered by Mr. Flake

  Mr. FLAKE. I have an amendment at the desk, designated as Flake No. 
2.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds made available under this Act 
     may be used for the Batteries and Electric Drive Technology 
     program within the Department of Energy's Efficiency and 
     Renewable Energy Program.

  Mr. FLAKE (during the reading). Madam Chair, I ask unanimous consent 
to dispense with the reading.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Arizona?
  There was no objection.
  The Acting CHAIR. Pursuant to the order of the House of Tuesday, June 
5, 2012, the gentleman from Arizona (Mr. Flake) and a Member opposed 
each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Madam Chair, I know we have been on this bill a long time, 
and I don't plan to take my full 5 minutes here.
  This amendment would simply prohibit funding for the Department of 
Energy Batteries and Electric Drive Technology program, preventing 
unnecessary Federal spending to the tune of about $171 million.
  We all know that for too long Washington has meddled too much in the 
energy market. Not only has the government proved itself to be ill-
equipped to pick winners and losers, I think government is just plain 
bad at it. The list of winners is dubious at best, and it's a diverse 
one, from oil subsidies, ethanol mandates, to Solyndra, and now the 
Chevy Volt. The common thread is a seemingly endless supply, endless 
stream of taxpayer funding.
  Enter the Batteries and Electric Drive Technology program. This is 
one of the countless acronyms that taxpayers know little of despite 
helping to fund these programs to the tune of a few hundred million 
dollars. Interestingly, the BEDT is the very program that developed the 
Chevy Volt battery that we've all heard so much about and, I think, the 
manufacturing lines that are now stopping or diminishing.
  While I wholeheartedly support my colleagues' commitment to work to 
reduce the burden of rising energy and gasoline prices, I believe it 
would be imprudent to acquiesce key funding in this regard to 
components of the President's go green or go bust initiative. This 
hasn't gone too well, and I don't know why we continue to fund it.
  Instead, I think we ought to eliminate the energy subsidies and 
preferential policies while encouraging free market growth and 
innovation. We could start out by eliminating funding for the BEDT.
  I urge support for the amendment, and I reserve the balance of my 
time.
  Mr. FRELINGHUYSEN. Madam Chair, I rise to claim the time in 
opposition.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. I rise to oppose the amendment. There is valuable, 
cutting-edge research in the Department of Energy that enables future 
generations of vehicle technologies to proceed, technologies that are 
too far in the future for American private sectors to support, but that 
will keep future generations of manufacturing and jobs here in the 
United States and have the consequence of lowering what Americans have 
to pay for gasoline at the pump.
  This amendment--and we're all supporting cutting wasteful spending--
would virtually eliminate this important piece of our comprehensive 
approach; and, therefore, I strongly oppose it.
  I yield back the balance of my time.
  Mr. VISCLOSKY. Madam Chair, I move to strike the last word.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.
  Mr. VISCLOSKY. I also rise in opposition to the gentleman's 
amendment. We need to move away from our dependency on fuel imported by 
unfriendly nations. I have in past debates on this floor, and I would 
do it again, referenced the senior Senator from Indiana, Senator Lugar, 
who has long characterized our energy crisis paramount, as one of 
national security, given where those petroleum purchases take place. 
The fact is, if we can get more miles per gallon, we have solved part 
of that national security crisis.
  None of us today standing here or sitting here are going to be able 
to do much about the price of a barrel of oil. But if each one of those 
individual drivers can get some relief by getting an extra mile per 
gallon for their vehicle, we have also helped ameliorate their economic 
pressure and the costs that they have.
  I think it is shortsighted to eliminate this program which has the 
potential to address a major issue in the viability and practicality of 
electric vehicles, and that is the battery. We need to be looking at 
the cost, performance, life, and abuse tolerance of batteries, and I do 
support the Department's efforts on this front and have been active for 
a number of years in seeking additional funds for it because I think it 
does a great value to this country's future.
  I oppose the gentleman's amendment, and I yield back the balance of 
my time.
  Mr. FLAKE. Madam Chair, it was mentioned that government research, 
the Federal Government typically gets involved in research when the 
return is too far out for commercial enterprise to realize any benefit. 
I would suggest that that just doesn't apply here at all. We're talking 
about batteries. And those who tout this program claim that we already 
have evidence on the road, the Chevy Volt, of this technology working, 
and so that's not too far out. So if there's technology on the road, or 
in this case mostly still sitting in the lots, apparently, because 
these cars aren't selling very well, it isn't out there too far in the 
future.
  I think we get confused about what really is the role of the Federal 
Government with regard to research when we have programs like this 
where there could be profit--and is, in certain technologies tomorrow--
and it becomes less research and more subsidy, and that's where I think 
this program falls into.
  With that, I urge support for the amendment, and I yield back the 
balance of my time.

                              {time}  1300

  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The amendment was rejected.


                     Amendment Offered by Mr. Flake

  Mr. FLAKE. Madam Chair, I have an amendment at the desk, designated 
as Flake No. 3.

[[Page 8445]]

  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds made available under this Act 
     may be used by the Department of Energy to fund the Wind 
     Powering America Initiative.

  Mr. FLAKE (during the reading). Madam Chair, I ask unanimous consent 
to dispense with the reading.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Arizona?
  There was no objection.
  The Acting CHAIR. Pursuant to the order of the House of Tuesday, June 
5, 2012, the gentleman from Arizona (Mr. Flake) and a Member opposed 
each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Madam Chair, this amendment would prohibit funding for the 
Wind Powering America initiative under the Department of Energy.
  Hot air jokes aside here, nobody can say that the Federal Government 
has not been good to the wind industry. Turbines made for popular 
earmarks in Congresses past, and wind technology research and 
development receives tens of millions of Federal dollars annually. 
Developers continue to reap billions of dollars from a two-decade-old 
production tax credit that will hopefully be allowed to expire this 
year.
  But as much as I disagree with my colleagues who would have us 
continue to prop up an industry that even Secretary Chu of the Energy 
Department describes as mature, that's not what this amendment is 
about. This amendment is about putting an end to Wind Powering America, 
an initiative that just picks winners and losers and operates in the 
rarified air of a Federal program that is actively advocating on behalf 
of a particular industry.
  Had you happened across an Associated Press article announcing WPA's 
creation 13 years ago, you would have mistaken it for a trade 
organization. The Energy Department described WPA as an initiative 
aimed at building national awareness of wind's benefits, increasing 
customer demand, overcoming institutional biases, and even advocating 
on behalf of the wind production tax credit.
  These goals have evolved into egregious examples of unnecessary 
waste, like a podcast titled: ``When wind developed doesn't match up to 
potential, look at policy.'' And with episodes like Careers in Wind 
Energy, WPA goes around to the Nation's K-12 schools to promote wind 
energy workforce development and pushes its Wind for Schools project to 
implement wind-energy curricula.
  While it's hard to understand why taxpayer monies are funding WPA, 
it's downright impossible to find out how they are funding WPA. The 
last time WPA was mentioned in an appropriation bill was in 2003 in a 
conference report approving level funding at $3.1 million. In fact, we 
couldn't find funding figures more recent than 2008, when an Energy 
Department budget request confirmed it to be $5.5 million. After that, 
WPA falls into the bureaucratic abyss. This amendment would not only 
put an end to this federalized wind-advocacy program, it would end the 
practice of blindly funding it.
  This amendment is anything but tilting at windmills. Congress ought 
to make a point to not oversee how much we spend, but how we spend it. 
We can do just that by eliminating the Wind Powering America project.
  I urge support for the amendment and reserve the balance of my time.
  Mr. DICKS. Madam Chair, I rise to claim the time in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. The amendment prohibits funds for the Wind Powering 
America program, which has been funded since 1999 to increase 
information-sharing in support of expanding domestic wind power.
  Madam Chairman, I rise to oppose the amendment. I appreciate my 
colleague's continued efforts to stop inappropriate or wasteful Federal 
spending. However, there is a distinction between improper and proper 
Federal activities, and I believe this amendment would eliminate an 
example of the latter.
  I agree with my colleague that the government should not be funding 
the deployment of proven technologies, and for that reason we have 
significantly ramped back the wind energy program. In fact, our bill 
cuts the program by 25 percent and focuses the remaining funds on 
unproven technologies not yet in the market, like offshore wind. I know 
they don't have any of that in Arizona, but we have significant 
offshore wind in Washington State.
  There is also a proper Federal role for facilitating the free flow of 
information where market failures prevent the efficient operation of 
free markets. In this case, a small program facilitates the free flow 
of information collected by national laboratories, such as resource 
maps and detailed wind data. Programs like this use small amounts of 
Federal funds to fix a market failure and get government out of the way 
so that our private sector can get to the work of creating 
manufacturing and construction jobs here at home.
  We can talk about which specific parts of this program should be cut, 
but I cannot support its complete elimination, and I must oppose the 
amendment.
  I yield to the distinguished ranking member of the subcommittee, Mr. 
Visclosky.
  Mr. VISCLOSKY. I appreciate the gentleman yielding.
  I believe that there is a proper role for government where there is 
no private organization willing or able to fill an information need, 
and information is vital if we are going to improve our energy policy.
  This program provides a venue at a very modest cost to the taxpayers 
to disseminate valuable information that supports the diversification 
of the Nation's energy supply.
  While I do appreciate the gentleman from Arizona's efforts to search 
out sources of wasteful and inappropriate spending, I disagree that 
this program is one of those instances and join my colleague from 
Washington in opposition to the amendment.
  Mr. DICKS. Again, the gentleman from Arizona would eliminate this 
entire program; we think that is overstepping.
  With that, I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Madam Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Madam Chair, I rise in support of the gentleman 
from Arizona's amendment. While we may have our differences--and not 
all of his amendments that he has proposed have passed--he has been 
congenial and a class act and I'd like to thank him. I would like to 
thank him also for his continued efforts, which have been recognized on 
the other side too, to fight wasteful Federal spending.
  We agree, I think most of us, that our government should not be 
funding the deployment of proven technologies. For that reason, our 
committee and our bill has significantly ramped back the wind energy 
program to 25 percent below fiscal year 2012 and focused the remaining 
funds on unproven technologies not yet in the market, like far offshore 
wind. If there are small cases where the Department is carrying out 
activities not appropriate for the Federal Government, they should be 
eliminated.
  So I salute the gentleman, and I am pleased to support his efforts. I 
yield back the balance of my time.
  Mr. FLAKE. I rise to thank the gentleman and express a lot of shock 
here. But I appreciate the fine work the gentleman does on this 
legislation.
  Again, this program is advocacy for a proven technology. After 13 
years of this program, to spend more--and we really don't understand 
how much each year, but it could be $5.5 million--for people in the 
Federal Government, on taxpayer dollars, to go and advocate on behalf 
of wind energy. All of us receive visits frequently from people in the 
wind industry who have proven technology, who are out there already 
deploying it. Why in the world we should

[[Page 8446]]

continue to spend hard-earned taxpayer dollars to advocate for these 
programs, I just don't know.
  So I thank the gentleman, the chairman of the committee, for 
supporting the amendment, and I urge its adoption.
  Madam Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The amendment was agreed to.
  Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. I suspect, Madam Chair, that the ranking member, 
Mr. Visclosky, and I are going to use this opportunity to thank a whole 
host of people who have allowed us to bring this bill to the floor and, 
we hope, to a very successful conclusion.

                              {time}  1310

  First of all, to Chairman Rogers from Kentucky and his working 
partner, Congressman Norm Dicks, on behalf of the committee, we want to 
thank you for giving us full support, bipartisan support, and giving us 
the flexibility to have a number of hearings to do a comprehensive 
approach through that hearing process and your insistence, both of you, 
on what we call regular order, the ability of the Appropriations 
Committee to work in a bipartisan way. I shouldn't comment on the House 
in general, but in terms of our committee, there's been a good 
bipartisan working relationship. So you've laid the foundation for Mr. 
Visclosky and me to sort of proceed in regular order, and we're 
grateful.
  I'd also like to thank the Members for their cooperation in terms of 
amendments. I think we started maybe last year with 103 amendments. A 
lot of amendments were drawn into a unanimous consent situation, so 
we've been able to reduce the amendments, and Members have come to the 
floor, spoken on an expeditious basis and, I think, performed 
admirably, and I think they have made our bill better and more 
comprehensive.
  I'd also like to thank those who are on the floor, particularly our 
committee staff, Rob Blair, our clerk, who's to my left, Joe Levin, 
Loraine Heckenberg, Angie Giancarlo, Perry Yates, and Trevor Higgins.
  On the minority, I'd like to thank Taunja Berquam. I'd also like to 
thank my personal staff, Nancy Fox and Katie Hazlett, and Mr. 
Visclosky's personal staff, Joe DeVooght.
  And of course, Madam Chair, there are a whole host of people who make 
the floor work on the appropriations side. Some of them would not like 
to be publicly recognized. But let me say, in our heart, we hold them 
dear because we're able to get our bill to the floor, make sure that 
our amendments all meet the letter of the law and the Constitution, the 
Parliamentarian having vetted all those amendments. So we're highly 
appreciative of that.
  And I certainly would be happy to yield to my ranking member if he 
cares to--I'm sure he would--make some remarks.
  Mr. VISCLOSKY. I appreciate the gentleman yielding very much. And I 
think the only other thank-you I would add, and I would very sincerely 
join the chair in all of the recognitions that he has enumerated, is 
the Chair, herself, as well as all of those others who have served us 
over the last 4 days and done a very expeditious job.
  I cannot thank the chairman enough for all he has done for us and for 
this country and for being the consummate gentleman. It is a privilege 
and a delight to work with you, as well as the other members of the 
subcommittee.
  I would point out that, while we agree very substantively on this 
bill, there are degrees of differences. We did not, in the intervening 
last 4 days, agree on every amendment, but we had reasoned and 
thoughtful debate. We had votes, and decisions were made.
  It is a profound privilege that people like Chairman Frelinghuysen, 
Mr. Dicks, and I have serving this country in this Congress. I am an 
institutionalist, and this is a perfect example of how that institution 
should work: to meet collectively, to resolve our differences, and to 
work as hard as we can to hopefully, in fiscal year 2013, leave this 
country a little bit better.
  Again, thank all of the people, and particularly the staff and the 
Chair for all their good work.
  I appreciate the chairman for yielding.
  Mr. FRELINGHUYSEN. Reclaiming my time, I want to also note this is 
the last Energy and Water bill that Mr. Dicks will be participating in. 
And I say on behalf of our committee that we've always known that 
you're fully engaged in every subcommittee where you are so prominent, 
and we want to thank you for that.
  Let me say, too, that we're pleased we've built in our bill some 
common ground for energy policy across our Nation. Most importantly, as 
I said in my remarks, the national security segment: what we need to do 
to make sure that our nuclear stockpile is reliable, that we proceed 
with cleanups, things that we do relative to naval reactors and the 
next generation of nuclear ballistic submarines, and the comprehensive 
energy policy that's directed not only towards research into the future 
but trying to minimize rising gas prices, which have affected every 
American pocketbook.
  Lastly, we've done it with a lot less money. We're actually, in some 
cases, close to the 2008 level, somewhere between 2008 and 2009. And 
while some people may like to damn us, we've done our best to cut 
spending and reflect the real economy out there, the fact that people 
are paying too much in the way of taxes, we have too much debt and such 
a large deficit. We've done our part.
  I yield back the balance of my time.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments on which further proceedings were 
postponed, in the following order:
  An amendment by Mr. Rohrabacher of California.
  An amendment by Mr. Stearns of Florida.
  An amendment by Mr. Shimkus of Illinois.
  An amendment by Mr. Tipton of Colorado.
  An amendment by Mr. Luetkemeyer of Missouri.
  An amendment by Ms. Jackson Lee of Texas.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


                  Amendment Offered by Mr. Rohrabacher

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 181, 
noes 229, not voting 21, as follows:

                             [Roll No. 319]

                               AYES--181

     Adams
     Aderholt
     Akin
     Amash
     Amodei
     Bachmann
     Barrow
     Barton (TX)
     Benishek
     Bilbray
     Black
     Blackburn
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Campbell
     Canseco
     Cantor
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coffman (CO)
     Conaway
     Costello
     Cravaack
     Crawford
     Cuellar
     Culberson
     DeFazio
     Dent
     DesJarlais
     Diaz-Balart
     Donnelly (IN)
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gingrey (GA)
     Gohmert
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Harris
     Hartzler
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Hochul
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones

[[Page 8447]]


     Jordan
     King (IA)
     King (NY)
     Kissell
     Kline
     Kucinich
     Labrador
     Lamborn
     Lance
     Landry
     Latham
     Latta
     LoBiondo
     Long
     Luetkemeyer
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McMorris Rodgers
     Meehan
     Meeks
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Olson
     Palazzo
     Paulsen
     Pearce
     Pence
     Peterson
     Petri
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Ribble
     Rigell
     Rivera
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ross (AR)
     Ross (FL)
     Royce
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Sherman
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stutzman
     Sullivan
     Sutton
     Thornberry
     Upton
     Visclosky
     Walberg
     Walsh (IL)
     Webster
     West
     Westmoreland
     Wilson (SC)
     Wittman
     Wolf
     Woodall
     Yoder
     Young (FL)
     Young (IN)

                               NOES--229

     Ackerman
     Alexander
     Altmire
     Andrews
     Austria
     Bachus
     Baldwin
     Barletta
     Bartlett
     Bass (CA)
     Bass (NH)
     Becerra
     Berg
     Berkley
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Bonamici
     Bonner
     Bono Mack
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Calvert
     Camp
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Chandler
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crenshaw
     Critz
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (KY)
     DeGette
     DeLauro
     Denham
     Deutch
     Dicks
     Dingell
     Doggett
     Dold
     Doyle
     Dreier
     Edwards
     Ellison
     Emerson
     Eshoo
     Farr
     Fattah
     Fleischmann
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Gibson
     Gonzalez
     Goodlatte
     Granger
     Green, Al
     Green, Gene
     Griffith (VA)
     Grijalva
     Grimm
     Guinta
     Guthrie
     Gutierrez
     Hall
     Hanabusa
     Harper
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly
     Kildee
     Kind
     Kingston
     Kinzinger (IL)
     Langevin
     Lankford
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lujan
     Lummis
     Lynch
     Maloney
     Marino
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McKinley
     McNerney
     Miller (NC)
     Miller, George
     Moran
     Murphy (CT)
     Nadler
     Neal
     Nunnelee
     Olver
     Owens
     Pallone
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Pitts
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Rehberg
     Reichert
     Renacci
     Reyes
     Richmond
     Roby
     Rogers (AL)
     Rogers (KY)
     Ros-Lehtinen
     Roskam
     Roybal-Allard
     Runyan
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Shimkus
     Shuster
     Simpson
     Sires
     Smith (WA)
     Speier
     Stark
     Stivers
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiberi
     Tierney
     Tipton
     Tonko
     Towns
     Tsongas
     Turner (NY)
     Turner (OH)
     Van Hollen
     Velazquez
     Walden
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Whitfield
     Wilson (FL)
     Womack
     Woolsey
     Yarmuth
     Young (AK)

                             NOT VOTING--21

     Baca
     Berman
     Castor (FL)
     Chu
     Coble
     Engel
     Filner
     Hahn
     Hanna
     Lewis (CA)
     McKeon
     Miller, Gary
     Moore
     Napolitano
     Pascrell
     Paul
     Platts
     Richardson
     Rothman (NJ)
     Shuler
     Slaughter

                              {time}  1341

  Messrs. McNERNEY, HOYER, HALL, MARKEY, SARBANES and RAHALL changed 
their vote from ``aye'' to ``no.''
  Messrs. ROGERS of Michigan, HUELSKAMP, NUNES, GRIFFIN of Arkansas, 
PETRI, SMITH of New Jersey, KUCINICH, Mrs. BUERKLE, Messrs. McCAUL, 
CUELLAR, GERLACH, DesJARLAIS and WEBSTER 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. FILNER. Madam Chair, on rollcall 319, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''


                    Amendment Offered by Mr. Stearns

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 348, 
noes 60, not voting 23, as follows:

                             [Roll No. 320]

                               AYES--348

     Ackerman
     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Baldwin
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Becerra
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Blumenauer
     Bonamici
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brooks
     Broun (GA)
     Brown (FL)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carney
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Cicilline
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Cuellar
     Culberson
     Cummings
     Davis (CA)
     Davis (KY)
     DeFazio
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dicks
     Doggett
     Dold
     Donnelly (IN)
     Doyle
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Eshoo
     Farenthold
     Farr
     Fattah
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Al
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanabusa
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Heinrich
     Hensarling
     Herger
     Herrera Beutler
     Higgins
     Hinojosa
     Hirono
     Hochul
     Holden
     Holt
     Hoyer
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Israel
     Issa
     Jackson Lee (TX)
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kaptur
     Keating
     Kelly
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Kucinich
     Labrador
     Lamborn
     Lance
     Landry
     Langevin
     Lankford
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Levin
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Long
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Marino
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCotter
     McGovern
     McHenry
     McIntyre
     McKinley
     McMorris Rodgers
     McNerney
     Meehan
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Myrick
     Nadler
     Neal
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Olver
     Owens
     Palazzo
     Pallone
     Pastor (AZ)
     Paulsen
     Pearce
     Pelosi
     Pence
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Poe (TX)
     Polis
     Pompeo
     Posey
     Price (GA)
     Price (NC)
     Quayle
     Quigley
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Reyes
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Roybal-Allard
     Royce
     Runyan
     Ryan (WI)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schiff
     Schilling
     Schmidt
     Schock
     Schrader
     Schwartz
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Sewell
     Sherman
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Speier
     Stearns
     Stivers
     Stutzman
     Sullivan
     Sutton
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tierney

[[Page 8448]]


     Tipton
     Tonko
     Tsongas
     Turner (NY)
     Turner (OH)
     Upton
     Van Hollen
     Visclosky
     Walberg
     Walden
     Walsh (IL)
     Waters
     Waxman
     Webster
     Welch
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yarmuth
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                                NOES--60

     Andrews
     Bass (CA)
     Berkley
     Carnahan
     Carson (IN)
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Conyers
     Courtney
     Crowley
     Davis (IL)
     DeGette
     DeLauro
     Deutch
     Dingell
     Edwards
     Ellison
     Frank (MA)
     Fudge
     Garamendi
     Grijalva
     Gutierrez
     Hastings (FL)
     Himes
     Hinchey
     Honda
     Jackson (IL)
     Johnson, E. B.
     Kildee
     Larson (CT)
     Lee (CA)
     Lewis (GA)
     McCollum
     McDermott
     Meeks
     Perlmutter
     Peters
     Rangel
     Richmond
     Ruppersberger
     Rush
     Ryan (OH)
     Scott (VA)
     Scott, David
     Serrano
     Sires
     Smith (WA)
     Stark
     Thompson (CA)
     Thompson (MS)
     Towns
     Velazquez
     Walz (MN)
     Wasserman Schultz
     Watt
     Wilson (FL)
     Woolsey

                             NOT VOTING--23

     Baca
     Berman
     Castor (FL)
     Chu
     Coble
     Engel
     Filner
     Hahn
     Hanna
     Johnson (GA)
     Lewis (CA)
     McKeon
     Miller, Gary
     Moore
     Moran
     Napolitano
     Pascrell
     Paul
     Platts
     Richardson
     Rothman (NJ)
     Shuler
     Slaughter

                              {time}  1346

  Mr. SERRANO changed his vote from ``aye'' to ``no.''
  Ms. JACKSON LEE of Texas and Ms. PELOSI changed their vote from 
``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. FILNER. Madam Chair, on rollcall 320, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''


                    Amendment Offered by Mr. Shimkus

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 326, 
noes 81, not voting 24, as follows:

                             [Roll No. 321]

                               AYES--326

     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Amash
     Andrews
     Austria
     Bachmann
     Bachus
     Baldwin
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Blumenauer
     Bonamici
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Cardoza
     Carney
     Carter
     Cassidy
     Chabot
     Chandler
     Clay
     Cleaver
     Clyburn
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Cravaack
     Crawford
     Crenshaw
     Critz
     Cuellar
     Culberson
     Davis (KY)
     DeFazio
     DeGette
     Denham
     Dent
     DesJarlais
     Deutch
     Diaz-Balart
     Dicks
     Dingell
     Dold
     Donnelly (IN)
     Doyle
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Eshoo
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Al
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanabusa
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heinrich
     Hensarling
     Herger
     Herrera Beutler
     Higgins
     Himes
     Hinojosa
     Hochul
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kaptur
     Keating
     Kelly
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Kucinich
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lipinski
     LoBiondo
     Loebsack
     Long
     Lowey
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Manzullo
     Marchant
     Marino
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McHenry
     McIntyre
     McKinley
     McMorris Rodgers
     McNerney
     Meehan
     Meeks
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Moran
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Myrick
     Neal
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paulsen
     Pearce
     Pence
     Peters
     Peterson
     Petri
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Price (NC)
     Quayle
     Quigley
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Reyes
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Sarbanes
     Scalise
     Schiff
     Schilling
     Schmidt
     Schock
     Schrader
     Schwartz
     Schweikert
     Scott (SC)
     Scott (VA)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Sessions
     Sewell
     Sherman
     Shimkus
     Shuster
     Simpson
     Sires
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Southerland
     Speier
     Stearns
     Stivers
     Stutzman
     Sullivan
     Sutton
     Terry
     Thompson (CA)
     Thompson (PA)
     Thornberry
     Tiberi
     Tierney
     Tipton
     Tonko
     Towns
     Turner (NY)
     Turner (OH)
     Upton
     Van Hollen
     Visclosky
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Webster
     Welch
     West
     Westmoreland
     Whitfield
     Wilson (FL)
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yarmuth
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                                NOES--81

     Ackerman
     Amodei
     Bass (CA)
     Becerra
     Berkley
     Brown (FL)
     Capps
     Capuano
     Carnahan
     Carson (IN)
     Chaffetz
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Conyers
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeLauro
     Doggett
     Edwards
     Ellison
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Grijalva
     Gutierrez
     Hastings (FL)
     Heck
     Hinchey
     Hirono
     Holt
     Honda
     Hoyer
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (IL)
     Johnson, E. B.
     Kissell
     Langevin
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lofgren, Zoe
     Lujan
     Maloney
     Markey
     Matheson
     Matsui
     McCotter
     McDermott
     McGovern
     Nadler
     Olver
     Pallone
     Pastor (AZ)
     Pelosi
     Perlmutter
     Pingree (ME)
     Polis
     Rangel
     Richmond
     Roybal-Allard
     Rush
     Sanchez, Linda T.
     Sanchez, Loretta
     Schakowsky
     Serrano
     Stark
     Thompson (MS)
     Tsongas
     Velazquez
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Woolsey

                             NOT VOTING--24

     Baca
     Berman
     Castor (FL)
     Chu
     Coble
     Engel
     Farr
     Filner
     Hahn
     Hanna
     Johnson (GA)
     Lewis (CA)
     McKeon
     Miller, Gary
     Moore
     Napolitano
     Pascrell
     Paul
     Platts
     Richardson
     Rothman (NJ)
     Shuler
     Slaughter
     Smith (NJ)

                              {time}  1353

  Mr. CICILLINE and Ms. WATERS changed their vote from ``aye'' to 
``no.''
  Mrs. SCHMIDT and Ms. BONAMICI changed their vote from ``no'' to 
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. FILNER. Madam Chair, on rollcall 321, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''


                    Amendment Offered by Mr. Tipton

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 355, 
noes 51, not voting 25, as follows:

[[Page 8449]]



                             [Roll No. 322]

                               AYES--355

     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Amash
     Amodei
     Andrews
     Austria
     Bachmann
     Bachus
     Baldwin
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (CA)
     Bass (NH)
     Becerra
     Benishek
     Berg
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Bonamici
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brooks
     Broun (GA)
     Brown (FL)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Capps
     Capuano
     Carney
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Cicilline
     Clarke (MI)
     Coffman (CO)
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costello
     Courtney
     Cravaack
     Crawford
     Crenshaw
     Critz
     Cuellar
     Culberson
     Davis (CA)
     Davis (KY)
     DeFazio
     DeGette
     DeLauro
     Denham
     Dent
     DesJarlais
     Deutch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Dold
     Donnelly (IN)
     Doyle
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Eshoo
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Al
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanabusa
     Harper
     Harris
     Hartzler
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Heck
     Heinrich
     Hensarling
     Herger
     Herrera Beutler
     Higgins
     Himes
     Hinojosa
     Hirono
     Hochul
     Holden
     Hoyer
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Israel
     Issa
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson (OH)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan
     Kaptur
     Keating
     Kelly
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Langevin
     Lankford
     Larson (CT)
     Latham
     LaTourette
     Latta
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Long
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Marino
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCotter
     McGovern
     McHenry
     McIntyre
     McKinley
     McMorris Rodgers
     McNerney
     Meehan
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, George
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Myrick
     Neal
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Pallone
     Pascrell
     Paulsen
     Pearce
     Pelosi
     Pence
     Perlmutter
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Poe (TX)
     Polis
     Pompeo
     Posey
     Price (GA)
     Price (NC)
     Quayle
     Rahall
     Rangel
     Reed
     Rehberg
     Reichert
     Renacci
     Reyes
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Roybal-Allard
     Royce
     Runyan
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schiff
     Schilling
     Schmidt
     Schock
     Schrader
     Schwartz
     Schweikert
     Scott (SC)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Sessions
     Sewell
     Sherman
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sutton
     Terry
     Thompson (CA)
     Thompson (PA)
     Thornberry
     Tiberi
     Tierney
     Tipton
     Tonko
     Tsongas
     Turner (NY)
     Turner (OH)
     Upton
     Van Hollen
     Visclosky
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Wasserman Schultz
     Waxman
     Webster
     Welch
     West
     Westmoreland
     Whitfield
     Wilson (FL)
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yarmuth
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                                NOES--51

     Ackerman
     Blumenauer
     Cardoza
     Carnahan
     Clarke (NY)
     Clay
     Clyburn
     Cohen
     Conyers
     Costa
     Crowley
     Cummings
     Davis (IL)
     Edwards
     Ellison
     Farr
     Fattah
     Fudge
     Garamendi
     Grijalva
     Gutierrez
     Hinchey
     Holt
     Honda
     Jackson (IL)
     Jackson Lee (TX)
     Kucinich
     Larsen (WA)
     Lee (CA)
     McCollum
     McDermott
     Meeks
     Miller (NC)
     Moran
     Nadler
     Olver
     Pastor (AZ)
     Quigley
     Richmond
     Rush
     Schakowsky
     Scott (VA)
     Serrano
     Sires
     Speier
     Stark
     Thompson (MS)
     Towns
     Velazquez
     Watt
     Woolsey

                             NOT VOTING--25

     Baca
     Berman
     Carson (IN)
     Castor (FL)
     Chu
     Cleaver
     Coble
     Engel
     Filner
     Gohmert
     Hahn
     Hanna
     Lewis (CA)
     McKeon
     Miller, Gary
     Moore
     Napolitano
     Paul
     Platts
     Richardson
     Rothman (NJ)
     Shuler
     Slaughter
     Sullivan
     Waters

                              {time}  1357

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Madam Chair, on rollcall 322, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''


                  Amendment Offered by Mr. Luetkemeyer

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 242, 
noes 168, not voting 21, as follows:

                             [Roll No. 323]

                               AYES--242

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

                               NOES--168

     Ackerman
     Andrews
     Baldwin
     Barrow
     Bass (CA)
     Bass (NH)
     Becerra
     Berg
     Berkley
     Bishop (GA)
     Bishop (NY)
     Blumenauer

[[Page 8450]]


     Bonamici
     Boren
     Brady (PA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Chandler
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Eshoo
     Farr
     Fattah
     Fortenberry
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Hoyer
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Manzullo
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Neal
     Noem
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Rehberg
     Reyes
     Richmond
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth
     Young (FL)

                             NOT VOTING--21

     Baca
     Berman
     Castor (FL)
     Chu
     Coble
     Engel
     Filner
     Gohmert
     Hahn
     Hanna
     Lewis (CA)
     Marchant
     McKeon
     Miller, Gary
     Napolitano
     Paul
     Platts
     Richardson
     Rothman (NJ)
     Shuler
     Slaughter

                              {time}  1402

  Messrs. KUCINICH and MARKEY changed their vote from ``aye'' to 
``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. FILNER. Madam Chair, on rollcall 323, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''


             Amendment Offered by Ms. Jackson Lee of Texas

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the fourth amendment offered by the gentlewoman from 
Texas (Ms. Jackson Lee) on which further proceedings were postponed and 
on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 150, 
noes 260, not voting 21, as follows:

                             [Roll No. 324]

                               AYES--150

     Ackerman
     Baldwin
     Bass (CA)
     Becerra
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dingell
     Doggett
     Doyle
     Duncan (TN)
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Frank (MA)
     Fudge
     Garamendi
     Gibson
     Green, Al
     Green, Gene
     Grijalva
     Hanabusa
     Hastings (FL)
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holden
     Holt
     Honda
     Hoyer
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Larson (CT)
     Latham
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lowey
     Lynch
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Neal
     Nugent
     Olver
     Pallone
     Pascrell
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Richmond
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Smith (WA)
     Speier
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--260

     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Amash
     Amodei
     Andrews
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Berkley
     Biggert
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Cardoza
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Cicilline
     Coffman (CO)
     Cole
     Conaway
     Connolly (VA)
     Costa
     Costello
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dicks
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Heinrich
     Hensarling
     Herger
     Herrera Beutler
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Langevin
     Lankford
     Larsen (WA)
     LaTourette
     Latta
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Long
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Mack
     Maloney
     Manzullo
     Marino
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKinley
     McMorris Rodgers
     McNerney
     Meehan
     Meeks
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Pastor (AZ)
     Paulsen
     Pearce
     Pence
     Peterson
     Petri
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Reyes
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Sanchez, Linda T.
     Scalise
     Schilling
     Schmidt
     Schock
     Schwartz
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stark
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Visclosky
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--21

     Baca
     Berman
     Castor (FL)
     Chu
     Coble
     Fattah
     Filner
     Gutierrez
     Hahn
     Hanna
     Lewis (CA)
     Marchant
     McKeon
     Miller, Gary
     Napolitano
     Paul
     Platts
     Richardson
     Rothman (NJ)
     Shuler
     Slaughter

                              {time}  1405

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. Filner. Madam Chair, on rollcall 324, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  Mr. FRELINGHUYSEN. Madam Chair, I move that the Committee do now 
rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Nugent) having assumed the chair, Ms. Ros-Lehtinen, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that

[[Page 8451]]

Committee, having had under consideration the bill (H.R. 5325) making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2013, and for other purposes, 
had come to no resolution thereon.

                          ____________________