[House Report 111-209]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-209

======================================================================

 
      PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3183) MAKING 
 APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES

                                _______
                                

    July 14, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Ms. Matsui, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 645]

    The Committee on Rules, having had under consideration 
House Resolution 645, by a record vote of 7 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3183, the 
Energy and Water Development and Related Agencies 
Appropriations Act, 2010, under a structured rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Appropriations. The resolution waives all points 
of order against consideration of the bill except those arising 
under clauses 9 or 10 of rule XXI. The resolution provides that 
the bill shall be considered as read through page 63, line 12. 
The resolution waives points of order against provisions in the 
bill for failure to comply with clause 2 of rule XXI.
    The resolution makes in order (1) the amendments printed in 
part A of this report; (2) not to exceed one of the amendments 
printed in part B of this report if offered by Representative 
Campbell of California or his designee; (3) not to exceed six 
of the amendments printed in part C of this report if offered 
by Representative Flake of Arizona or his designee; and (4) not 
to exceed three of the amendments printed in part D of this 
report if offered by Representative Hensarling of Texas or his 
designee. The resolution provides that each such amendment may 
be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for 10 minutes equally 
divided and controlled by the proponent and an opponent, and 
shall not be subject to a demand for division of the question 
in the House or in the Committee of the Whole. All points of 
order against such amendments are waived except those arising 
under clause 9 or 10 of rule XXI.
    The resolution provides that for those amendments reported 
from the Committee of the Whole, the question of their adoption 
shall be put to the House en gros and without demand for 
division of the question. The resolution provides one motion to 
recommit with or without instructions.
    The resolution provides that after disposition of the 
amendments specified in the first section of the resolution, 
the chair and ranking minority member of the Committee on 
Appropriations or their designees each may offer one pro forma 
amendment to the bill for the purpose of debate, which shall be 
controlled by the proponent. The resolution provides that the 
Chair may entertain a motion that the Committee rise only if 
offered by the chair of the Committee on Appropriations or his 
designee and that the Chair may not entertain a motion to 
strike out the enacting words of the bill (as described in 
clause 9 of rule XVIII). The resolution provides that during 
consideration of the bill, the Chair may reduce to two minutes 
the minimum time for electronic voting. Finally, the resolution 
lays House Resolution 618 on the table.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against the consideration 
of the bill (except those arising under clauses 9 or 10 of rule 
XXI), includes a waiver of section 302(f) of the Congressional 
Budget Act regarding consideration of legislation providing new 
budget authority in excess of a subcommittee's 302(b) 
allocation of such authority, and a waiver of clause 4(c) of 
rule XIII (requiring a three-day layover of printed committee 
hearings).
    The rule waives clause 2 of rule XXI (prohibiting 
unauthorized appropriations or legislative provisions in an 
appropriations bill) because the bill contains unauthorized 
appropriations and legislative provisions.

                             COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 201

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 202

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Nunes (CA), #43, which would 
prohibit the restriction of operation of the Central Valley 
Project pursuant to the Dec. 15, 2008 Biological Opinion issued 
by the U.S. Fish and Wildlife Service and the June 4, 2009 
Biological Opinion issued by the National Marine Fisheries 
Service.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 203

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Nunes (CA), #41 which would 
prohibit the restriction of operation of the Central Valley 
Project pursuant to the Dec. 15, 2008 Biological Opinion issued 
by the U.S. Fish and Wildlife Service and the June 4, 2009 
Biological Opinion issued by the National Marine Fisheries 
Service. The prohibition extends for two years.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 204

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order an amendment by Rep. 
Nunes (CA), #42, which would prohibit funds in the bill from 
being used to implement the Dec. 15, 2008 Biological Opinion 
issued by the U.S. Fish and Wildlife Service and the June 4, 
2009 Biological Opinion issued by the National Marine Fisheries 
Service.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 205

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Putnam (FL), #7, which would 
require the Secretary of the Army, within six months after the 
date of enactment of this Act, to submit to Congress a report 
on the economic and environmental impacts of pythons and other 
invasive constrictor snake species in the Florida Everglades, 
including with respect to Everglades restoration.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 206

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Cassidy (LA), and Rep. 
Sessions (TX), #1, which would strike Section 102 which 
prohibits the use of Energy and Water Development funds for the 
implementation of any pending or future competitive sourcing 
actions under OMB Circular A-76 or High Performing 
Organizations for the Army Corps of Engineers.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 207

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Barton (TX), #99, which would 
direct Department of Energy funds to Yucca Mountain.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 208

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Upton (MI), #94, which would 
direct the Secretary of Energy to provide a report to Congress 
on the implementation of the Clean Energy and Security Act.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 209

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order en bloc, to be 
separately debatable for ten minutes, an amendment by Rep. 
Hastings (WA), #47, which would prohibit the use of funds made 
available under the bill from being used to decrease hydropower 
generated at Federal dams and reservoirs that serves as 
``backup'' for other renewable energies, such as wind and 
solar; and an amendment by Rep. Hastings (WA), #50, which would 
prohibit funds made available under the Act from being used to 
reduce hydropower generation at federal dams if that reduction 
would result in increased carbon emissions from other energy 
sources.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 210

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. King (IA), #55, which would 
insert a sense of Congress that nuclear energy should be 
considered to be renewable energy for the purposes of any 
renewable portfolio standard.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 211

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Cao (LA), #12, which would 
reduce funding by $15,000 for Department of Energy receptions 
and ceremonial activities.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 212

    Date: July 14, 2009.
    Measure: H.R. 3183.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Adopted 7-4.
    Vote by Members: McGovern--Yea; Hastings--Yea; Matsui--Yea; 
Cardoza--Yea; Arcuri--Yea; Polis--Yea; Dreier--Nay; Diaz-
Balart--Nay; Sessions--Nay; Foxx--Nay; Slaughter--Yea.

          SUMMARY OF AMENDMENTS IN PART A TO BE MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Pastor (AZ): Would reduce the appropriation for the 
Corps of Engineers Expenses by $9 million; would add $1.8 
million to the Regulatory account for the Army Corps of 
Engineers to help address the chronic backlog of project 
applications, offset by cutting the Corps of Engineers 
Expenses; would add $45 million for the Hydrogen, Fuel Cells, 
and Infrastructure Technologies program. The increase is offset 
by a $30 million reduction for Departmental Administration in 
the Department of Energy and a $15 million reduction for 
Electricity Delivery and Energy Reliability. The amendment 
would increase funding for the Northern Border Regional 
Commission by $2.5 million, offset by a $2.5 million reduction 
to Other Defense Activities. The amendment would prohibit funds 
in the bill from being used to purchase light bulbs unless they 
have the ``Energy Star'' or ``Federal Energy Management 
Program'' designation. Finally, the amendment would prohibit 
any funds in the bill from being used to purchase passenger 
motor vehicles unless they are purchased from Ford, GM, or 
Chrysler.
    2. Connolly (VA): Would provide $7 million for the 
Chesapeake Bay Oyster Restoration program run by the U.S. Army 
Corps of Engineers to enhance water quality and fisheries 
productivity in the bay, offset by a reduction in funding for 
Army Corps of Engineers Expenses.
    3. Wamp (TN)/Davis, Lincoln (TN): Would transfer $14 
million from Corps of Engineers Expenses to Corps of Engineers 
Construction.
    4. Hastings, Doc (WA): Would make available $5 million from 
the Bureau of Reclamation Water and Related Resources account 
to begin installing hydroelectric facilities identified in a 
report authorized under the Energy and Policy Act of 2005 at 
Bureau of Reclamation dams. The revision corrects a technical 
reference to ``Power Program Services'' within the Water and 
Related Resources account.
    5. Costa (CA)/Cardoza (CA): Would increase funding for the 
California Bay-Delta Restoration Program by $10 million and 
decreases funding for the Bureau of Reclamation Office of the 
Commissioner by $10 million.
    6. Cardoza (CA)/Costa (CA): Would facilitate water 
transfers within the Central Valley Project and also transfers 
from outside the Central Valley Project.
    7. Boren (OK): Would increase by $5 million funding for the 
Energy Efficiency and Renewable Energy account to be utilized 
in the EERE Vehicles Technologies, Fuels Technology program for 
Natural Gas Vehicle Research Development and Demonstration, 
offset by a reduction in funds for the Department of Energy 
Departmental Administration account for general expenses.
    8. Miller, Candice (MI): Would increase the Water Power 
Program in Energy and Efficiency and Renewable Energy by $10 
million, its FY2009 enacted level, offset by a reduction in 
funds to the D.O.E.'s departmental administration by the same 
amount.
    9. Heinrich (NM): Would allow national security 
laboratories to dedicate an additional 1% (total of 7%) of each 
lab's annual budget to Laboratory Directed Research and 
Development (LDRD). LDRD allows laboratories to pursue high-
risk, high-reward research and develop innovative technologies 
to support energy and homeland security priorities.
    10. Cao (LA): Would reduce the time between preparation of 
reports and submissions to Congress from 90 days to 60 days.
    11. Blackburn (TN): Would make an across-the-board cut of 
5% to all funding accounts in the bill.

                    SUMMARY OF AMENDMENTS IN PART B

    1. Campbell (CA): Would strike the $1,000,000 earmark for 
the Institute for Environmental Stewardship and reduce the 
overall cost of the bill by $1,000,000.
    2. Campbell (CA): Would strike the $1,000,000 earmark for 
the Housatonic River Net-Zero Energy Building and reduce the 
overall cost of the bill by $1,000,000.
    3. Campbell (CA): Would strike the $500,000 earmark for the 
South Jersey Wind Turbines project and reduce the overall cost 
of the bill by an equal amount.

                    SUMMARY OF AMENDMENTS IN PART C

    1. Flake, Jeff (AZ): Would strike $1.5 million in funding 
for the ``Maret Center'' and reduce the overall cost of the 
bill.
    2. Flake, Jeff (AZ): Would strike $1 million in funding for 
the ``Running Springs Retreat Center Solar Upgrade'' and reduce 
the overall cost of the bill by a commensurate amount.
    3. Flake, Jeff (AZ): Would strike $1 million in funding for 
the ``Consortium for Plant Biotechnology Research'' and reduce 
the overall cost of the bill by a commensurate amount.
    4. Flake, Jeff (AZ): Would strike $500,000 in funding for 
``Ethanol from Agriculture'' and reduce the overall cost of the 
bill by a commensurate amount.
    5. Flake, Jeff (AZ): Would strike $2 million in funding for 
the ``Fort Mason Center Pier 2 Project'' and reduce the overall 
cost of the bill by a commensurate amount.
    6. Flake, Jeff (AZ): Would strike $500,000 in funding for 
the ``Prototyping and Development of Commercial Nano-
crystalline Thin Film Silicon for Photovoltaic Manufacturing'' 
and reduce the overall cost of the bill.
    7. Flake, Jeff (AZ): Would strike $450,000 in funding for 
the ``Institute for Energy and the Environment at Vermont Law 
School'' and reduce the overall cost of the bill by a 
commensurate amount.
    8. Flake, Jeff (AZ): Would strike $500,000 in funding for 
the ``Henderson, Solar Energy Project'' and reduce the overall 
cost of the bill by a commensurate amount.
    9. Flake, Jeff (AZ): Would strike $600,000 in funding for 
the ``Green Roof Demonstration Project'' and reduce the overall 
cost of the bill by a commensurate amount.
    10. Flake, Jeff (AZ): Would strike $300,000 in funding for 
``Whitworth University Stem Equipment'' and reduce the overall 
cost of the bill by a commensurate amount.
    11. Flake, Jeff (AZ): Would strike $1.6 million in funding 
for ``The Boston Architectural College's Urban Sustainable 
Initiative'' and reduce the overall cost of the bill by a 
commensurate amount.
    12. Flake, Jeff (AZ): Would strike $1.5 million in funding 
for the ``Today's Leaders for a Sustainable Tomorrow: A 
Sustainable Energy Program'' and reduce the overall cost of the 
bill.

                    SUMMARY OF AMENDMENTS IN PART D

    1. Hensarling (TX): Would strike $500,000 for the Energy 
Conservation and Efficiency Upgrade of HVAC project in New York 
and reduce the overall cost of the bill.
    2. Hensarling (TX): Would strike $6.22 million for the Pier 
36 removal project in California and reduce the overall cost of 
the bill by a commensurate amount.
    3. Hensarling (TX): Would strike $2 million for the Ohio 
River Greenway Public Access in Indiana and reduce the overall 
cost of the bill.
    4. Hensarling (TX): Would strike $500,000 for the Automated 
Remote Electric and Water Meters in South River project and 
reduce the overall cost of the bill by a commensurate amount.
    5. Hensarling (TX): Would strike $500,000 for the Hospital 
Lighting Retrofit project in Illinois and reduce the overall 
cost of the bill by a commensurate amount.

            TEXT OF AMENDMENTS IN PART A TO BE MADE IN ORDER

 1. An Amendment To Be Offered by Representative Pastor of Arizona, or 
                              His Designee

   Page 6, line 25, after the dollar amount, insert 
``(increased by $1,800,000)''.
  Page 7, line 14, after the dollar amount, insert ``(reduced 
by $10,800,000)''.
  Page 23, line 2, after the dollar amount, insert ``(increased 
by $45,000,000)''.
  Page 24, line 13, after the dollar amount, insert ``(reduced 
by $15,000,000)''.
   Page 35, line 15, after the dollar amount, insert ``(reduced 
by $30,000,000)''.
  Page 36, line 9, after the dollar amount, insert ``(reduced 
by $30,000,000)''.
  Page 40, line 7, after the dollar amount, insert ``(reduced 
by $2,500,000)''.
  Page 60, line 4, after the dollar amount, insert ``(increased 
by $2,500,000)''.
  At the end of the bill (before the short title), insert the 
following:
  Sec. 503. Light Bulb Restriction.--None of the funds made 
available in this Act may be used to purchase light bulbs 
unless the light bulbs are ``Energy Star'' qualified or have 
the ``Federal Energy Management Program'' designation.
  Sec. 504. Passenger Motor Vehicles.--None of the funds made 
available in this Act may be used to purchase passenger motor 
vehicles other than those manufactured by Ford, General Motors, 
or Chrysler.
                              ----------                              


 2. An Amendment To Be Offered by Representative Connolly of Virginia, 
                            or His Designee

  Page 3, line 24, after the dollar amount, insert ``(increased 
by $7,000,000)''.
  Page 7, line 14, after the dollar amount, insert ``(reduced 
by $7,000,000)''

                              ----------                              


 3. An Amendment To Be Offered by Representative Wamp of Tennessee, or 
                              His Designee

  Page 3, line 24, after the dollar amount, insert ``(increased 
by $14,000,000)''.
  Page 7, line 14, after the dollar amount, insert ``(reduced 
by $14,000,000)''

                              ----------                              


4. An Amendment To Be Offered by Representative Hastings of Washington, 
                            or His Designee

  Page 17, line 17, strike the period and insert the following: 
``; Provided further, That $5,000,000 of the funds appropriated 
under this heading shall be available for the `Power Program 
Services' to implement the Bureau of Reclamation's hydropower 
facilities installations identified under section 1834 of the 
Energy Policy Act of 2005.''.
                              ----------                              


5. An Amendment To Be Offered by Representative Costa of California, or 
                              His Designee

  Page 18, line 14, after the dollar amount, insert 
``(increased by $10,000,000)''.
   Page 19, line 9, after the dollar amount, insert ``(reduced 
by $10,000,000)''.
                              ----------                              


6. An Amendment To Be Offered by Representative Cardoza of California, 
                            or His Designee

  Page 22, after line 15, insert the following:
  Sec. 203. Central Valley Project.--Section 3405(a)(1)(M) of 
Public Law 102-575 is amended--
          (1) by striking ``countries'' and inserting 
        ``counties''; and
          (2) by inserting ``a transfer between a San Joaquin 
        River Exchange Contractor and a Friant Division 
        contractor, a transfer between a San Joaquin River 
        Exchange Contractor and a south-of-Delta CVP 
        agricultural water service contractor, and a transfer 
        between a Friant Division contractor and a south-of-
        Delta CVP agricultural water service contractor,'' 
        after ``under California law,''.
  Sec. 204. Draft Recovery Plan.--The Secretary of the 
Interior, acting through the Director of the Fish & Wildlife 
Service, is directed to expeditiously revise, finalize, and 
implement the Draft Recovery Plan for the Giant Garter Snake 
(Thamnophis gigas).
                              ----------                              


 7. An Amendment To Be Offered by Representative Boren of Oklahoma, or 
                              His Designee

  Page 23, line 2, after the dollar amount insert ``(increased 
by $5,000,000)''.
  Page 35, line 15, after the dollar amount insert ``(reduced 
by $5,000,000)''.
  Page 36, line 9, after the dollar amount insert ``(reduced by 
$5,000,000)''.
                              ----------                              


8. An Amendment To Be Offered by Representative Miller of Michigan, or 
                              Her Designee

  Page 23, line 2, after the dollar amount, insert ``(increased 
by $10,000,000)''.
  Page 35, line 15, after the dollar amount, insert ``(reduced 
by $10,000,000)''.
  Page 36, line 9, after the dollar amount, insert ``(reduced 
by $10,000,000)''.
                              ----------                              


9. An Amendment To Be Offered by Representative Heinrich of New Mexico, 
                            or His Designee

  In section 307, strike ``6 percent'' and insert ``7 
percent''.
                              ----------                              


 10. An Amendment To Be Offered by Representative Cao of Louisiana, or 
                              His Designee

  Page 62, line 15, strike ``90'' and insert ``60''.
                              ----------                              


     11. An Amendment To Be Offered by Representative Blackburn of 
                       Tennessee, or Her Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Percentage Reduction of Total Funds.--Each amount 
appropriated or otherwise made available by this Act that is 
not required to be appropriated or otherwise made available by 
a provision of law is hereby reduced by 5 percent.

                      TEXT OF AMENDMENTS IN PART B

1. An Amendment To Be Offered by Representative Campbell of California, 
                            or His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Institute for 
Environmental Stewardship, and the aggregate amount otherwise 
provided under such heading (and the portion of such amount 
specified for Congressionally Directed Energy Efficiency and 
Renewable Energy Projects) are each hereby reduced by 
$1,000,000.
                              ----------                              


2. An Amendment To Be Offered by Representative Campbell of California, 
                            or His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Housatonic River 
Net-Zero Energy Building project, and the aggregate amount 
otherwise provided under such heading (and the portion of such 
amount specified for Congressionally Directed Energy Efficiency 
and Renewable Energy Projects) are each hereby reduced by 
$1,000,000.
                              ----------                              


3. An Amendment To Be Offered by Representative Campbell of California, 
                            or His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the South Jersey Wind 
Turbines project, and the aggregate amount otherwise provided 
under such heading (and the portion of such amount specified 
for Congressionally Directed Energy Efficiency and Renewable 
Energy Projects) are each hereby reduced by $500,000.

                      TEXT OF AMENDMENTS IN PART C

 1. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Maret Center 
project, and the aggregate amount otherwise provided under such 
heading (and the portion of such amount specified for 
Congressionally Directed Energy Efficiency and Renewable Energy 
Projects) are each hereby reduced by $1,500,000.
                              ----------                              


 2. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Running Springs 
Retreat Center Solar Upgrade project, and the aggregate amount 
otherwise provided under such heading (and the portion of such 
amount specified for Congressionally Directed Energy Efficiency 
and Renewable Energy Projects) are each hereby reduced by 
$1,000,000.
                              ----------                              


 3. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Consortium for 
Plant Biotechnology Research, and the aggregate amount 
otherwise provided under such heading (and the portion of such 
amount specified for Congressionally Directed Energy Efficiency 
and Renewable Energy Projects) are each hereby reduced by 
$3,000,000.
                              ----------                              


 4. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Ethanol from 
Agriculture project, and the aggregate amount otherwise 
provided under such heading (and the portion of such amount 
specified for Congressionally Directed Energy Efficiency and 
Renewable Energy Projects) are each hereby reduced by $500,000.
                              ----------                              


 5. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Fort Mason Center 
Pier 2 project, and the aggregate amount otherwise provided 
under such heading (and the portion of such amount specified 
for Congressionally Directed Energy Efficiency and Renewable 
Energy Projects) are each hereby reduced by $2,000,000.
                              ----------                              


 6. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:

  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Prototyping and 
Development of Commercial Nano-Crystalline Thin Film Silicon 
for Photovoltaic Manufacturing project, and the aggregate 
amount otherwise provided under such heading (and the portion 
of such amount specified for Congressionally Directed Energy 
Efficiency and Renewable Energy Projects) are each hereby 
reduced by $500,000.
                              ----------                              


 7. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Electricity Delivery 
and Energy Reliability'' shall be available for the Institute 
for Energy and the Environment at Vermont Law School project, 
and the aggregate amount otherwise provided under such heading 
(and the portion of such amount specified for Congressionally 
Directed Electricity Delivery and Energy Reliability Projects) 
are each hereby reduced by $450,000.
                              ----------                              


 8. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Henderson, Solar 
Energy Project, and the aggregate amount otherwise provided 
under such heading (and the portion of such amount specified 
for Congressionally Directed Energy Efficiency and Renewable 
Energy Projects) are each hereby reduced by $500,000.
                              ----------                              


 9. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Science'' shall be 
available for the Green Roof Demonstration Project, and the 
aggregate amount otherwise provided under such heading (and the 
portion of such amount specified for Congressionally Directed 
Science Projects) are each hereby reduced by $600,000.
                              ----------                              


 10. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Whitworth 
University Stem Equipment project, and the aggregate amount 
otherwise provided under such heading (and the portion of such 
amount specified for Congressionally Directed Energy Efficiency 
and Renewable Energy Projects) are each hereby reduced by 
$300,000.
                              ----------                              


 11. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Projects--Energy Efficiency and 
Renewable Energy'' shall be available for the Boston 
Architectural College's Urban Sustainability Initiative, and 
the aggregate amount otherwise provided under such heading (and 
the portion of such amount specified for Congressionally 
Directed Energy Efficiency and Renewable Energy Projects) are 
each hereby reduced by $1,600,000.
                              ----------                              


 12. An Amendment To Be Offered by Representative Flake of Arizona, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Projects--Energy Efficiency and 
Renewable Energy'' shall be available for the Today's Leaders 
for a Sustainable Tomorrow: A Sustainable Energy Program 
project, and the aggregate amount otherwise provided under such 
heading (and the portion of such amount specified for 
Congressionally Directed Energy Efficiency and Renewable Energy 
Projects) are each hereby reduced by $1,500,000.

                      TEXT OF AMENDMENTS IN PART D

1. An Amendment To Be Offered by Representative Hensarling of Texas, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Energy 
Conservation and Efficiency Upgrade of HVAC Controls project, 
and the aggregate amount otherwise provided under such heading 
(and the portion of such amount specified for Congressionally 
Directed Energy Efficiency and Renewable Energy Projects) are 
each hereby reduced by $500,000.
                              ----------                              


2. An Amendment To Be Offered by Representative Hensarling of Texas, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading ``Corps of 
Engineers-Civil--Construction'' shall be available for the Pier 
36 Removal project in California, and the aggregate amount 
otherwise provided under such heading is hereby reduced by 
$6,220,000.
                              ----------                              


3. An Amendment To Be Offered by Representative Hensarling of Texas, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading ``Corps of 
Engineers-Civil--Construction'' shall be available for the Ohio 
River Greenway Public Access project in Indiana, and the 
aggregate amount otherwise provided under such heading is 
hereby reduced by $2,000,000.
                              ----------                              


4. An Amendment To Be Offered by Representative Hensarling of Texas, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Electricity Delivery 
and Energy Reliability'' shall be available for the Automated 
Remote Electric and Water Meters in South River project, and 
the aggregate amount otherwise provided under such heading (and 
the portion of such amount specified for Congressionally 
Directed Electricity Delivery and Energy Reliability Projects) 
are each hereby reduced by $500,000.
                              ----------                              


5. An Amendment To Be Offered by Representative Hensarling of Texas, or 
                              His Designee

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. Congressionally Directed Project Eliminated.--None 
of the funds provided in this Act under the heading 
``Department of Energy--Energy Programs--Energy Efficiency and 
Renewable Energy'' shall be available for the Hospital Lighting 
Retrofit project, and the aggregate amount otherwise provided 
under such heading (and the portion of such amount specified 
for Congressionally Directed Energy Efficiency and Renewable 
Energy Projects) are each hereby reduced by $500,000.

                                  
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