[Pages H5119-H5131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005

The SPEAKER pro tempore. Pursuant to House Resolution 694 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. 4614.

{time} 1311

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. 4614) making appropriations for energy and water
development for the fiscal year ending September 30, 2005, and for
other purposes, with Mrs. Biggert (Chairman pro tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. When the Committee of the Whole rose
earlier today, a recorded vote demanded on the amendment offered by the
gentlewoman from New Mexico (Mrs. Wilson) had been postponed.
Pursuant to the order of the House of today, the bill shall be
considered as read and open for amendment at any point from page 19,
line 16 through the end of the bill.
The text of the bill from page 19, line 16 through the end of the
bill is as follows:

Non-Defense Site Acceleration Completion

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
management site acceleration completion activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $151,850,000, to remain available until
expended.

Uranium Enrichment Decontamination and Decommissioning Fund

For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic
Energy Act of 1954, as amended, and title X, subtitle A, of
the Energy Policy Act of 1992, $500,200,000, to be derived
from the Fund, to remain available until expended, of which
$100,614,000 shall be available in accordance with title X,
subtitle A, of the Energy Policy Act of 1992.

Non-Defense Environmental Services

For Department of Energy expenses necessary for non-defense
environmental services activities that indirectly support the
accelerated cleanup and closure mission at environmental
management sites, including the purchase, construction, and
acquisition of plant and capital equipment and other
necessary expenses, $291,296,000, to remain available until
expended.

Science

For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed four passenger motor
vehicles for replacement only, including one ambulance,
$3,599,964,000, to remain available until expended.

Departmental Administration

For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
(not to exceed $35,000), $243,876,000, to remain available
until expended, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same
or greater amount, to remain available until expended:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $122,000,000 in
fiscal year 2005 may be retained and used for operating
expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by
the amount of miscellaneous revenues received during fiscal
year 2005, and any related unappropriated receipt account
balances remaining from prior years' miscellaneous revenues,
so as to result in a final fiscal year 2005 appropriation
from the general fund estimated at not more than
$121,876,000.

Office of the Inspector General

For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $41,508,000, to remain
available until expended.

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Weapons Activities

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and

[[Page H5120]]

other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion; and the purchase of
not to exceed 19 passenger motor vehicles, for replacement
only, including not to exceed two buses; $6,514,424,000 to
remain available until expended.

Defense Nuclear Nonproliferation

For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense, defense nuclear nonproliferation activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $1,348,647,000, to remain available until
expended.

Naval Reactors

For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $807,900,000, to remain
available until expended.

Office of the Administrator

For necessary expenses of the Office of the Administrator
in the National Nuclear Security Administration, including
official reception and representation expenses (not to exceed
$12,000), $356,200,000, to remain available until expended.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Site Acceleration Completion

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense site
acceleration completion activities in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion,
$5,930,837,000, to remain available until expended.

Defense Environmental Services

For Department of Energy expenses necessary for defense-
related environmental services activities that indirectly
support the accelerated cleanup and closure mission at
environmental management sites, including the purchase,
construction, and acquisition of plant and capital equipment
and other necessary expenses, and the purchase of not to
exceed three ambulances for replacement only, $957,976,000,
to remain available until expended.

Other Defense Activities

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $697,059,000, to remain available until
expended.

Defense Nuclear Waste Disposal

For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $131,000,000, to remain available until expended.

POWER MARKETING ADMINISTRATIONS

Bonneville Power Administration Fund

Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount
not to exceed $1,500. During fiscal year 2005, no new direct
loan obligations may be made.

Operation and Maintenance, Southeastern Power Administration

For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services, pursuant to the provisions of section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $5,200,000, to remain available
until expended: Provided, That, notwithstanding the
provisions of 31 U.S.C. 3302, up to $34,000,000 collected by
the Southeastern Power Administration pursuant to the Flood
Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures.

Operation and Maintenance, Southwestern Power Administration

For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, for construction and acquisition of transmission
lines, substations and appurtenant facilities, and for
administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out the provisions of section 5 of the Flood Control
Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $29,352,000, to remain available until expended:
Provided, That, notwithstanding the provisions of 31 U.S.C.
3302, up to $1,800,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures.

Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration

For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, including
official reception and representation expenses in an amount
not to exceed $1,500, $173,100,000, to remain available until
expended, of which $170,756,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That,
notwithstanding the provisions of 31 U.S.C. 3302, up to
$186,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and
the Reclamation Project Act of 1939 to recover purchase power
and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures.

Falcon and Amistad Operating and Maintenance Fund

For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$2,827,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 423 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995.

Federal Energy Regulatory Commission

salaries and expenses

For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of
passenger motor vehicles, and official reception and
representation expenses (not to exceed $3,000), $210,000,000,
to remain available until expended: Provided, That,
notwithstanding any other provision of law, not to exceed
$210,000,000 of revenues from fees and annual charges, and
other services and collections in fiscal year 2005 shall be
retained and used for necessary expenses in this account, and
shall remain available until expended: Provided further, That
the sum herein appropriated from the general fund shall be
reduced as revenues are received during fiscal year 2005 so
as to result in a final fiscal year 2005 appropriation from
the general fund estimated at not more than $0.

GENERAL PROVISIONS

DEPARTMENT OF ENERGY

Sec. 301. (a)(1) None of the funds in this or any other
appropriations Act for fiscal year 2005 or any previous
fiscal year may be used to make payments for a noncompetitive
management and operating contract unless the Secretary of
Energy has published in the Federal Register and submitted to
the Committees on Appropriations of the House of
Representatives and the Senate a written notification, with
respect to each such contract, of the Secretary's decision to
use competitive procedures for the award of the contract, or
to not renew the contract, when the term of the contract
expires.
(2) Paragraph (1) does not apply to an extension for up to
two years of a noncompetitive management and operating
contract, if the extension is for purposes of allowing time
to award competitively a new contract, to provide continuity
of service between contracts, or to complete a contract that
will not be renewed.
(b) In this section:
(1) The term ``noncompetitive management and operating
contract'' means a contract that was awarded more than 50
years ago without competition for the management and
operation of Ames Laboratory, Argonne National Laboratory,
Lawrence Berkeley National Laboratory, Lawrence Livermore
National Laboratory, and Los Alamos National Laboratory.
(2) The term ``competitive procedures'' has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described
in section 303 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253) other than a procedure
that solicits a proposal from only one source.
(c) For all management and operating contracts other than
those listed in subsection (b)(1), none of the funds
appropriated by this Act may be used to award a management
and operating contract, or award a significant extension or
expansion to an existing management and operating contract,
unless such contract is awarded using competitive procedures
or the Secretary of Energy grants, on

[[Page H5121]]

a case-by-case basis, a waiver to allow for such a deviation.
The Secretary may not delegate the authority to grant such a
waiver. At least 60 days before a contract award for which
the Secretary intends to grant such a waiver, the Secretary
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a report notifying the
Committees of the waiver and setting forth, in specificity,
the substantive reasons why the Secretary believes the
requirement for competition should be waived for this
particular award.
Sec. 302. None of the funds appropriated by this Act may be
used to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy under section 3161
of the National Defense Authorization Act for Fiscal Year
1993 (P.L. 102-484; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be
used to augment the funds made available for obligation by
this Act or any other appropriations Act for fiscal year 2005
or any previous fiscal year for severance payments and other
benefits and community assistance grants under section 3161
of the National Defense Authorization Act for Fiscal Year
1993 (P.L. 102-484; 42 U.S.C. 7274h) unless the Department of
Energy submits a reprogramming request subject to approval by
the appropriate congressional committees.
Sec. 304. None of the funds appropriated by this Act may be
used to prepare or initiate Requests For Proposals (RFPs) for
a program if the program has not been funded by Congress.

(transfers of unexpended balances)

Sec. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this title. Balances so transferred may be merged
with funds in the applicable established accounts and
thereafter may be accounted for as one fund for the same time
period as originally enacted.
Sec. 306. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may
be used to enter into any agreement to perform energy
efficiency services outside the legally defined Bonneville
service territory, with the exception of services provided
internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in
advance that such services are not available from private
sector businesses.
Sec. 307. When the Department of Energy makes a user
facility available to universities or other potential users,
or seeks input from universities or other potential users
regarding significant characteristics or equipment in a user
facility or a proposed user facility, the Department shall
ensure broad public notice of such availability or such need
for input to universities and other potential users. When the
Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user
facility'' includes, but is not limited to: (1) a user
facility as described in section 2203(a)(2) of the Energy
Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National
Nuclear Security Administration Defense Programs Technology
Deployment Center/User Facility; and (3) any other
Departmental facility designated by the Department as a user
facility.
Sec. 308. The Administrator of the National Nuclear
Security Administration may authorize the manager of a
covered nuclear weapons research, development, testing or
production facility to engage in research, development, and
demonstration activities with respect to the engineering and
manufacturing capabilities at such facility in order to
maintain and enhance such capabilities at such facility:
Provided, That of the amount allocated to a covered nuclear
weapons facility each fiscal year from amounts available to
the Department of Energy for such fiscal year for national
security programs, not more than an amount equal to 2 percent
of such amount may be used for these activities: Provided
further, That for purposes of this section, the term
``covered nuclear weapons facility'' means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas;
(4) the Savannah River Plant, South Carolina; and
(5) the Nevada Test Site.
Sec. 309. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2005 until the enactment of the Intelligence
Authorization Act for fiscal year 2005.
Sec. 310. None of the funds made available in this or any
other appropriations Act for fiscal year 2005 or any previous
fiscal year may be used to select a site for a Modern Pit
Facility during fiscal year 2005.
Sec. 311. None of the funds made available in this Act for
fiscal year 2005 or any previous fiscal year may be used to
finance laboratory directed research and development
activities at Department of Energy laboratories on behalf of
other Federal agencies.
Sec. 312. (a) None of the funds made available by this Act
may be used to issue any license, approval, or authorization
for the export or reexport, or transfer, or retransfer,
whether directly or indirectly, of nuclear materials and
equipment or sensitive nuclear technology, including items
and assistance authorized by section 57 b. of the Atomic
Energy Act of 1954 and regulated under part 810 of title 10,
Code of Federal Regulations, and nuclear-related items on the
Commerce Control List maintained under part 774 of title 15
of the Code of Federal Regulations, to any country whose
government has been identified by the Secretary of State as
engaged in state sponsorship of terrorist activities
(specifically including any country the government of which
has been determined by the Secretary of State under section
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2371(a)), section 6(j)(1) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the
Arms Export Control Act (22 U.S.C. 2780(d)) to have
repeatedly provided support for acts of international
terrorism).
(b) This section shall not apply to exports, reexports,
transfers, or retransfers of radiation monitoring
technologies, surveillance equipment, seals, cameras, tamper-
indication devices, nuclear detectors, monitoring systems, or
equipment necessary to safely store, transport, or remove
hazardous materials, whether such items, services, or
information are regulated by the Department of Energy, the
Department of Commerce, or the Nuclear Regulatory Commission,
except to the extent that such technologies, equipment,
seals, cameras, devices, detectors, or systems are available
for use in the design or construction of nuclear reactors or
nuclear weapons.
(c) The President may waive the application of subsection
(a) to a country if the President determines and certifies to
Congress that the waiver will not result in any increased
risk that the country receiving the waiver will acquire
nuclear weapons, nuclear reactors, or any materials or
components of nuclear weapons and--
(1) the government of such country has not within the
preceding 12-month period willfully aided or abetted the
international proliferation of nuclear explosive devices to
individuals or groups or willfully aided and abetted an
individual or groups in acquiring unsafeguarded nuclear
materials;
(2) in the judgment of the President, the government of
such country has provided adequate, verifiable assurances
that it will cease its support for acts of international
terrorism;
(3) the waiver of that subsection is in the vital national
security interest of the United States; or
(4) such a waiver is essential to prevent or respond to a
serious radiological hazard in the country receiving the
waiver that may or does threaten public health and safety.
(d) This section shall apply with respect to exports that
have been approved for transfer as of the date of the
enactment of this Act but have not yet been transferred as of
that date.

TITLE IV

INDEPENDENT AGENCIES

Appalachian Regional Commission

For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, for necessary expenses for the Federal Co-Chairman
and the alternate on the Appalachian Regional Commission, for
payment of the Federal share of the administrative expenses
of the Commission, including services as authorized by 5
U.S.C. 3109 and hire of passenger motor vehicles,
$38,500,000, to remain available until expended.

Defense Nuclear Facilities Safety Board

Salaries and Expenses

For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $20,268,000, to remain available until
expended.

Delta Regional Authority

salaries and expenses

For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, as amended, notwithstanding
sections 382C(b)(2), 382F(d), and 382M(b) of said Act,
$2,096,000, to remain available until expended.

Nuclear Regulatory Commission

salaries and expenses

For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Energy Act of 1954, as amended,
including official representation expenses (not to exceed
$15,000), and purchase of promotional items for use in the
recruitment of individuals for employment, $662,777,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $69,050,000 shall be derived from the
Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $534,354,300 in fiscal year 2005
shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and
shall remain available until expended: Provided further, That
the sum

[[Page H5122]]

herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2005 so as to result in
a final fiscal year 2005 appropriation estimated at not more
than $128,422,700: Provided further, that none of the funds
made available in this Act or any other appropriations Act
for fiscal year 2005, or for any previous fiscal year, may be
used by the Commission to issue a license during fiscal year
2005 to construct or operate a new commercial nuclear power
plant in the United States.

Office of Inspector General

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $7,518,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $6,766,200 in fiscal year 2005 shall be retained
and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2005 so as to result in a final fiscal year 2005
appropriation estimated at not more than $751,800.

Nuclear Waste Technical Review Board

Salaries and Expenses

For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,177,000, to be derived from the Nuclear Waste Fund,
and to remain available until expended.

TITLE V

GENERAL PROVISIONS

Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 503. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2005''.

The CHAIRMAN pro tempore. Points of order against provisions in the
bill shall be permitted to be raised at any time; no further amendment
to the bill may be offered, except: pro forma amendments offered by the
chairman or ranking member of the Committee on Appropriations or their
designees for the purpose of debate; amendment No. 1, which shall be
debatable for 10 minutes; an amendment by Mr. Inslee regarding the
reclassification of nuclear waste, which shall be debatable for 10
minutes; and an amendment by Mr. Meehan regarding a transfer of funds
between NNSA and the non-proliferation account, which shall be
debatable for 20 minutes.
Each such amendment may be offered only by the member designated in
this request, or a designee, or the Member who caused it to be printed,
or a designee, shall be considered as read, shall not be subject to
amendment, and shall not be subject to a demand for a division of the
question in the House or in the Committee of the Whole.
Each amendment shall be debatable for the time specified, equally
divided and controlled by the proponent and an opponent.

Point of Order

Mr. TOM DAVIS of Virginia. Madam Chairman, I make a point of order.
The CHAIRMAN pro tempore. The gentleman will state his point of
order.
Mr. TOM DAVIS of Virginia. I make a point of order against section
502. This provision violates clause 2(b) of House Rule XXI. It proposes
to change existing law and, therefore, constitutes legislation under an
appropriations bill in violation of House rules.
The CHAIRMAN pro tempore. Does any Member wish to be heard on the
point of order?
Mr. VISCLOSKY. Madam Chairman, if I could ask again which section of
the bill the gentleman is looking to strike.
Mr. TOM DAVIS of Virginia. Section 502.
Mr. VISCLOSKY. Madam Chairman, I do not know if the Chair is going to
uphold the point of order, but I would simply point out that I think it
is a very important provision in this bill. I appreciate the fact that
the chairman included it in this legislation; and I think from a social
and economic standpoint, it ought to remain in the legislation.
Section 502, paragraph A states that it is the sense of the Congress
that to the greatest extent practical, all equipment and products
purchased with funds made available in this act should be American-
made.

{time} 1315

Subsection C of that same section states that if it has been finally
determined by a court or Federal agency that any person intentionally
affects a label bearing ``Made in America'' in description or any in
description with the same meaning to any product sold or shipped in the
United States, that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract made with funds
made available in this act.
I understand the gentleman's intent as far as his motion to strike
relative to jurisdictional issues, but I do believe this is a very key
and fundamental issue to protect American workers in a living wage in
the United States of America. And given the problems we have in this
country as far as outsourcing where you have people intentionally lying
and violating the law so the United States of America, we ought to
protect American workers.
I thank the gentleman from Ohio (Mr. Hobson) for having this measure
in this legislation.
The CHAIRMAN pro tempore (Mrs. Biggert). Does anyone else wish to be
heard on the point of order?
The gentleman from Ohio (Mr. Hobson) is recognized.
Mr. HOBSON. Madam Chairman, I have not agreed totally with my ranking
member, and I understand the chairman's point of order, but we have
carried this in our bill for a number of years. We think it has been
very productive to carry this in our bill. As far as I know, in the
past it has not been challenged and to do so now I think sends the
wrong messages. But I understand the Chairman's feeling that this is
legislating on appropriation bills. I think sometimes that may be
necessary. Maybe we ought to figure out a better way to work with him.
Mr. TOM DAVIS of Virginia. Madam Chairman, I say to my friend from
Ohio and my friend from Indiana, they work on our committee. We could
probably structure something that would accomplish the goals that they
would like to achieve. But we feel this is legislating on an
appropriation bill in violation of House rules. Therefore, I would
insist on my point of order.
The CHAIRMAN pro tempore. The Chair is prepared to rule.
The Chair finds this provision expresses a legislative sentiment. The
provision, therefore, constitutes legislation in violation of clause 2
of rule XXI.
The point of order is sustained and the provision is stricken from
the bill.

Point of Order

Mrs. WILSON of New Mexico. Madam Chair, I make a point of order that
the final proviso of the Nuclear Regulatory Commission funding,
appearing on page 39, lines 23 through page 40 line 4, violates clause
2 of rule XXI of the rules of the House of Representatives prohibiting
legislation on appropriations bills.
The proviso restricts funding to the Nuclear Regulatory Commission to
issue any commercial nuclear power plant licenses using fiscal year
2005 Energy and Water appropriations funds and funds from ``any other
appropriations Act for fiscal year 2005 or any previous year.'' Because
the language restricts funding not just for 2005 but for all previous
years, it constitutes legislation on an appropriations bill.
For that reason, the language violates clause 2 of rule XXI of the
rules of

[[Page H5123]]

the House and is subject to a point of order.
The CHAIRMAN pro tempore. Will the gentlewoman respecify the page and
line.
Mrs. WILSON of New Mexico. Madam Chairman, I believe it is page 39,
line 23 through page 40, line 4.
The CHAIRMAN pro tempore. Does any other Member wish to be heard on
the point of order?
Mr. HOBSON. Madam Chairman, I strenuously oppose this approach to the
bill. Part of the problem we have is there is no other vehicle where we
can do this. This is a very difficult time in our country. We do not
have a nuclear repository available in this country to accept the waste
that we have today around the country.
To go to the folly, the folly of granting new licenses when we do not
have any place to take the material that is in Illinois and move it
somewhere and to start granting licenses without a plan in place is not
good policy. I do not like having to include this kind of language in
this bill, but I think it is important to include it to send a message
that the repository is important. The repository is important to the
future of this country and the nuclear industry in this country. If we
do not start taking a stand on this, then we are going to get things
out of whack in this country to the point where we have an even more
problem and more costly problem.
Right now, many States in this country cannot move their material.
They are under lawsuits, there are all kinds of problems. This bill,
because of some other problems, does not move forward even in my
judgment enough to getting that repository going.
So, therefore, this language is put in to send a message. I think
taking it out sends absolutely the wrong message in this country and it
should be retained in this bill.
The CHAIRMAN pro tempore. Does any other Member wish to be heard on
this point of order?
The Chair is prepared to rule.
The Chair finds that this provision addresses funds in other acts
and, therefore, constitutes legislation in violation of clause 2 of
rule XXI.
The point of order is sustained and the provision is stricken from
the bill.

Amendment Offered by Mr. Meehan

Mr. MEEHAN. Madam Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Meehan:
Page 23, line 5, after the dollar amount, insert ``(reduced
by $30,000,000)''.
Page 23, line 16, after the dollar amount, insert
``(increased by $30,000,0000''.

The CHAIRMAN pro tempore. Pursuant to the order of the House of
today, the gentleman from Massachusetts (Mr. Meehan) and a Member
opposed each will control 10 minutes.
The Chair recognizes the gentleman from Massachusetts (Mr. Meehan).
Mr. MEEHAN. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, this amendment provides an additional $30 million for
the Department of Energy's Global Threat Reduction Initiative to
secure, remove, and dispose of nuclear and radiological materials
around the world.
In February, President Bush stated in a speech at the National
Defense University that the greatest risk to the United States and the
world is the possibility of a nuclear or radiological attack. And I
could not agree more. And in today's world, the most urgent nuclear
threat might not be from hostile states, it may be from a non-state
terrorist group.
The technology to produce a nuclear bomb is easier to obtain than we
might like to believe. Earlier this year, a Pakistani scientist named
A.Q. Khan confessed to operating a global black market for nuclear
technology. The head of the International Atomic Energy Agency, Mohamed
El Baradei called it a ``veritable nuclear Wal-Mart.''
The design for a simple nuclear weapon is not beyond the reach of
many terrorist groups. The best way, perhaps the only way, to prevent
terrorists from obtaining nuclear weapons is to make sure they do not
get the ingredients to make one. Alarmingly, fissile material is in
abundant supply around the world today. Some 20 tons of highly enriched
uranium exist at 345 civilian facilities in 58 countries, enough to
make 1,000 nuclear weapons.
Many of these are academic or industrial facilities that have no more
security than a night watchman or a chain link fence. The threat is
real.
The CIA determined in 2002 that weapons grade or weapons-usable
materials have been stolen from Russia. According to the IAEA, there
have been 18 confirmed thefts involving plutonium or enriched uranium
in the former Soviet Union. Highly enriched uranium is a dangerous tool
in the hands of terrorist groups seeking to develop nuclear weapons.
And we must do everything in our power to deter this threat.
The Energy Department already has several programs aimed at securing
nuclear and radiological materials around the world, but they are
seriously underfunded. I was encouraged to hear that Secretary of
Energy Spence Abraham unveiled a new global threat reduction initiative
last month which will consolidate and accelerate the four existing
programs. This program has been endorsed by political leaders and
nonproliferation experts across the political spectrum. In a recent
speech, former Senator Sam Nunn calls it a significant global effort.
If we are serious about preventing nuclear terrorism we must
cooperatively and effectively with international partners to secure
quickly or remove the most at risk dangerous material first, wherever
it may be.
We are in a race between cooperation and catastrophe. However, if the
Global Threat Reduction Initiative is to succeed, we have to fund it.
Nonproliferation experts at Harvard University and the nuclear threat
initiative headed by Sam Nunn argue that we need an additional $30
million in fiscal 2005 to remove highly enriched uranium from 2 dozen
vulnerable sites through the Russian Research Reactor Fuel Return
program.
This is one of the four existing programs that have been under the
consolidation under the Global Threat Reduction Initiative. Some of my
colleagues may argue that we should not be appropriating funds for this
new initiative before the Energy Department has submitted a budget
request. But I do not think al-Qaeda is waiting for the next fiscal
year to seek nuclear materials. And we should not wait to act either.
Moreover, programs like the Russian Research Reactor Fuel Return
program have a proven track record developed over many years. In 2001,
the United States, Serbia, Russia, the IAEA and the Nuclear Threat
Initiative worked together to remove 48 kilograms of potentially
vulnerable unirradiated HEU from a research facility in Serbia. This
was enough material for two and a half nuclear bombs.
And in December of 2003, the United States, Russia, Bulgaria, and the
IAEA collaborated to air lift 16.9 kilograms of HEU from a shut-down
research reactor to Bulgaria to a secure facility in Russia.
The urgency is clear, we need to be quicker and bolder in securing
these dangerous nuclear and radiological materials. This amendment
would boost funding for the global threat reduction initiative by
rolling over $30 million in unobligated balances from the National
Nuclear Science Agencies Weapons Activities Account.
Madam Chairman, I reserve the balance my time.
Mr. HOBSON. Madam Chairman, I rise to claim the time in opposition to
the amendment, and I yield myself such time as I may consume.
I am opposed to the amendment to increase funding for the Global
Threat Reduction Initiative. I am very supportive of the nuclear
nonproliferation programs in this bill. We provide a significant
additional funds for nonproliferation programs aimed at securing
nuclear weapons and weapons grade nuclear material in Russia where the
threat is really real. We have been there, we have seen it.
However, as I have said many times since taking over the chairmanship
of this subcommittee, I view with great skepticism the large increases
that are proposed by the National Nuclear Security Administration,
particularly when these new initiatives are proposed outside the
regular annual budget and appropriations process.
Unfortunately, the Department of Energy's Global Threat Reduction
Initiative announcement at a press conference in May is a perfect
example. All of the individual programs that

[[Page H5124]]

compromise this initiative are in the nonproliferation budget that we
have funded in this bill. These are not activities that are being left
out of the Department of Energy's nonproliferation budgets. They are
funded at the President's request.
I believe we wrote a fair and balanced bill in the nuclear
nonproliferation program very well. I do not support changes that are
proposed in this amendment.
Let me close by saying I support the nonproliferation programs
targeted in this amendment. As we prepare for conference, I will work
with the interested members to address their concerns, but I
reluctantly urge a no vote on the amendment.
Madam Chairman, I reserve the balance of my time.
Mr. MEEHAN. Madam Chairman, I yield such time as he may consume to
the gentleman from California (Mr. Schiff), my friend and co-author of
this amendment.
Mr. SCHIFF. Madam Chairman, I rise in support of the Meehan-Schiff
amendment to accelerate the funding of the Global Threat Reduction
Initiative.
The most significant threat to the national security of the United
States is the risk that terrorists will acquire the material, the
expertise, and the technology to create a nuclear weapon. Of these
three components, the material, the expertise, and the technology, it
is the material, highly enriched uranium or plutonium, that has posed
the greatest bar to the acquisition of the bomb by terrorists.

{time} 1330

And that material is far too easy to obtain. Beginning in the 1950s,
the U.S. and Russia exported research reactors with highly enriched
uranium to many nations around the world. Today, as my colleague
pointed out, 345 operating or shutdown reactors in 58 countries possess
highly enriched uranium.
The State Department has identified 24 of the highest priority
facilities for clean-out operations, because they contain enough highly
enriched uranium to make a bomb. Many of these facilities are
terrifyingly insecure.
The energy and water bill contains only $9.8 million for global
clean-out of these reactors, enough to clean out only one site per
year. At this pace it will take more than 2 decades to merely clean out
the top 24. We cannot wait that long.
Osama bin Laden has declared that the acquisition of weapons of mass
destruction is a religious duty. After the Taliban was defeated,
blueprints of a crude nuclear program were found in the deserted al
Qaeda headquarters in Afghanistan. Does anyone doubt that if al Qaeda
could assemble a nuclear weapon, they would use it? They would use it.
Last month, the Secretary of Energy announced what may be one of the
most important national security initiatives of our time, a $450
million effort to clean out highly enriched uranium around the world.
We cannot wait to implement this initiative. Al Qaeda is not waiting,
and we must act now.
The Secretary's initiative will take almost a decade to implement,
and there is no guarantee that nuclear material will not be stolen in
the interim. Far from it. We must accelerate the time line for this
initiative. Tragically today, we find ourselves in a new nuclear arms
race. It is very simply a race as to whether we can secure nuclear
material before the terrorists can buy or steal it.
The Meehan-Schiff amendment provides $30 million in additional
funding for this initiative to get this program underway immediately.
We have spent countless billions of dollars on the war in Iraq, a war
that was waged to remove stockpiles of weapons of mass destruction from
the reach of terrorists. The terrible irony of our present situation is
that, while we have not found weapons of mass destruction in Iraq, we
know where there are large stockpiles of weapons of mass destruction,
large stockpiles of nuclear material, and we have a cooperative means
of securing them and placing them beyond the reach of terrorists.
To scrimp on this effort is worse than negligent. It is a betrayal of
the public trust. In this race, as Senator Nunn so aptly describes it,
we are in a race between cooperation and catastrophe. We must not flag
or fail in this race. Vote ``yes'' on the Schiff-Meehan amendment to
jump-start the global threat reduction initiative.
Mr. HOBSON. Mr. Chairman, I yield such time as he may consume to the
gentleman from California (Mr. Schiff).
Mr. SCHIFF. Mr. Chairman, I appreciate the gentleman yielding me this
time.
I certainly want to congratulate my colleagues from California and
Massachusetts for bringing this matter to our attention. I certainly
agree with their intent and their assessment of the problem we face. It
is one reason why I am happy that in the bill that was crafted by the
subcommittee, there is a shift of $177.5 million for priority targets
for nonproliferation. Among others, that includes Russia's strategic
rocket forces. It includes megaports. It includes the second-line-of-
defense efforts in the Baltics and efforts outside the former Soviet
Union.
As the chairman had indicated earlier, the Secretary made the
announcement of this program in Vienna. He has not had discussion or
shared specifics of the program with the subcommittee or committee.
There has been no transmission of the specifics to Congress on the
program or its implementation.
So while, again, the intent is excellent, against the lack of
specifics and given the prioritization within the bill, I would
reluctantly express my opposition to the amendment, but would suggest
that the chairman and I will work with both gentlemen as we proceed to
conference relative to DOE's plan.
Mr. HOBSON. Mr. Chairman, I yield back the balance of my time.
Mr. MEEHAN. Mr. Chairman, I yield myself such time as I may consume.
Just to close, I really think this is an important issue to the
national security of the country, and the reason why we bring the
amendment forward is nonproliferation experts at Harvard University and
the Nuclear Threat Initiative headed by Sam Nunn have clearly stated
that we need an additional $30 million in fiscal year 2005 to remove
highly enriched uranium from two dozen vulnerable research reactor
sites throughout the Russian reactor fuel program.
That is why we offered the amendment. This is an amendment that would
take up obligated balances from the National Security Agency's weapons
activities account. So I want to be clear. These are unexpended funds
from fiscal year 2004, and shifting these funds will not come at any
cost to the NNSA's weapons program or the American taxpayers. Instead,
they will help safeguard us against dangerous nuclear and radiological
weapons materials, that if they get in the hands of terrorists, as we
know they could, could be used to kill thousands or tens of thousands
of Americans.
I believe, as the gentleman from California (Mr. Schiff) believes,
that this amendment is vital to our national security and to our
winning the war on terrorism. Therefore, I urge that my colleagues'
support this amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore (Mr. Linder). The question is on the
amendment offered by the gentleman from Massachusetts (Mr. Meehan).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. MEEHAN. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from
Massachusetts (Mr. Meehan) will be postponed.
Mr. HOBSON. Mr. Chairman, I move to strike the last word, and I yield
to the gentleman from Illinois (Mr. Shimkus) for the purpose of a
colloquy.
Mr. SHIMKUS. Mr. Chairman, I thank the gentleman for yielding. As he
knows, and he has spoken so eloquently about the need for a national
repository at Yucca Mountain, and I can remember that in the
appropriation bill there is $131 million, and this amount is grossly
inadequate for the Yucca Mountain project. At that funding level, the
Department of Energy would have to lay off 70 percent of its Yucca
Mountain workforce, the license application would be delayed, and the
repository opening would be delayed beyond the year 2010. All of the
spent nuclear fuel would stay at the 77 field facilities spread out
across the country, and this is unacceptable.
Yesterday, the Committee on Energy and Commerce passed a 5-year
authorization bill, H.R. 3981, that authorizes

[[Page H5125]]

offsetting collection over 5 years from fees paid into the Nuclear
Waste Fund. Our proposal could help solve the funding problem and
provide the much-needed funds for Yucca Mountain.
The amounts authorized in H.R. 3981 would be sufficient to keep the
Yucca Mountain project on track and keep the hundreds of key technical
staff employed in the Las Vegas office of the DOE's Yucca Mountain
office.
Again, I know of the chairman's strong support for the repository in
Yucca Mountain.
I ask the gentleman from Ohio (Chairman Hobson) if he would work with
us as we proceed on this bill and find a way in the conference report
to move to increase the funding level for Yucca Mountain.
Mr. HOBSON. Mr. Chairman, I was not going to talk very long on this,
but since we spent so much time on California before, the time is gone.
So I might as well vent my emotions a little bit more than I was going
to.
In February of this year, when I found out what the proposal was from
OMB, I tried to reason with him that this was not a political year to
do this with this sort of thing. While I agree with the policy, I did
not agree with the politics of what was going to happen, because it is
very difficult to make the program work, which I must say that the
Committee on Energy and Commerce worked so well with us to craft.
The problem is that we were not able to get it all done. We are
willing to accept it. We are willing to carry it, but there are certain
things we could not get done. We hope that when we get to the
conference committee that we can fix this. This, at some point in the
process, in my opinion, must be fixed; but I am outraged at certain
people who put us in this position. We did not need to be in this
position.
Last year, this committee, with my ranking member by my side, came
within the most amount of money that has gone into Yucca Mountain in
recent history. Our reward for that was not to get the money back we
needed this year under the conditions that we could do this without
absolute warfare and putting a lot of people, including ourselves and
the Committee on the Budget and everybody else into a very, very
difficult situation.
While the policy may be good, we have to deal with the other body,
and the other body has not been receptive in some respects to funding
Yucca Mountain to the degree it should be until last year; but I must
share with my colleague, this is a program that this country has taken
a position on. It is one of the reasons, on the last amendment, that I
do not think we can go forward with new licenses, even though we all
want new licenses and even though I am supportive of the nuclear
industry and of having this available so that we can have safe,
environmentally safe, quality low-cost power. We need to have that, but
we have to have it where we have a repository and we have to solve this
problem.
The country has taken a position that this is where the repository is
supposed to go. We have spent money on it, tons of money on it, and it
is moving forward. This committee, with my ranking member's help, last
year got the Department of Energy to move forward and site the railroad
so we can take the politics out of where the rail is going to go and
not move this material, even though it could have done it through the
city of Las Vegas. That does not satisfy a lot of people. Some people
just do not want anything.
Well, we are going to have something. At some point, at some point in
this process, in spite of the objections of some people, this will have
to be fixed for the future of this country and the nuclear power
industry, but more importantly, those communities that have been
promised from this government that this material would not stay, the
spent fuel would not stay in their communities.
Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word, for just
one moment.
I would assure the gentleman from Illinois that we all do share his
concern. It is my view we have a policy of the United States
Government, but that we need a repository.
As the chairman pointed out, we had an extended conference last year
with the other body to make sure that Yucca was fully funded. We had a
page of permutations as to how to work through the situation OMB placed
us in this year. This is not a matter of our doing, and I do assure my
colleague that I and the members of the subcommittee want to work
through this with the Chair to make sure we proceed in an expeditious
manner, and we have to solve this problem.
Mr. SHIMKUS. Mr. Chairman, will the gentleman yield?
Mr. VISCLOSKY. I yield to the gentleman from Illinois.
Mr. SHIMKUS. Mr. Chairman, I thank my colleague, and I would just
also remind people and place in the record for this debate, the
ratepayers have paid billions of dollars to make this thing move
forward, and my ratepayers want to see a return on that investment.
So I thank the gentleman and I thank the chairman.
Mr. HOBSON. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I would like to enter into a colloquy with the
gentleman from Georgia (Mr. Burns).
Mr. BURNS. Mr. Chairman, will the gentleman yield?
Mr. HOBSON. I yield to the gentleman from Georgia.
Mr. BURNS. Mr. Chairman, I thank the chairman for his hard work over
the past year in bringing this legislation to the floor and for his
willingness to continue working with us, even though we may still face
some differences of opinion on several issues that relate to the
Savannah River site.
As the chairman knows, we had an amendment that would have requested
continued action in the coming year on one of those issues, the
selection of a site for a new modern pit facility. I believe that
Savannah River site is the leading candidate for the site, and a timely
decision on this project would help in planning future operations and
also on job levels.
However, I would like for my good friend, the gentleman from South
Carolina (Mr. Barrett), to further express the interests of the
Savannah River site.
Mr. BARRETT of South Carolina. Mr. Chairman, will the gentleman
yield?
Mr. HOBSON. I yield to the gentleman from South Carolina.
Mr. BARRETT of South Carolina. Mr. Chairman, I thank the chairman for
yielding to me.
Mr. Chairman, I would also like to express my strong support for
comments just made by my good friend and colleague, the gentleman from
Georgia (Mr. Burns); and it is my hope that in conference with the
Senate funding concerns for current and potential programs at the
Savannah River site will be addressed.
I look forward to working with the chairman who has been so gracious
with us on future issues related to the Savannah River site and would
like to extend a personal invitation to the chairman to visit SRS in
the upcoming months so that he can see this tremendous asset for our
current and future generations.
Mr. HOBSON. Mr. Chairman, I want to thank my colleagues for their
work, their very aggressive work, I might add, on behalf of the
Savannah River site. That is one site I have not visited in this
country yet. We are trying to get around and look at a lot of the
different sites. I have some good friends who live down there so it is
a very inviting place to go and visit.

{time} 1345

I accept your invitation to visit the site and look forward to
meeting the men and women doing such important work in your part of the
country.

Amendment Offered by Mr. Inslee

Mr. INSLEE. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore (Mr. Linder). The Clerk will designate the
amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Inslee:
At the end of the bill, before the short title, insert the
following:
Sec. __. None of the funds made available in this Act may
be used by the Department of Energy to make ``waste
incidental to reprocessing'' determinations in order to
reclassify high-level radioactive waste. For purposes of this
section, the term ``high-level radioactive waste'' has the
meaning given that term in the Nuclear Waste Policy Act of
1982.

The CHAIRMAN pro tempore. Pursuant to the order of the House of
today,

[[Page H5126]]

the gentleman from Washington (Mr. Inslee) and a Member opposed each
will control 5 minutes.
Mr. HOBSON. Mr. Chairman, I reserve a point of order on the
gentleman's amendment.
The CHAIRMAN pro tempore. The point of order is reserved.
Mr. HEFLEY. Mr. Chairman, I object. Is it not the policy of the House
to go from one side to the other side on these amendments?
The CHAIRMAN pro tempore. The Chair recognized the gentleman who
stood up at the microphone.
Mr. HEFLEY. Well, that is a different policy than we have been
following all afternoon, Mr. Chairman.
Mr. INSLEE. Mr. Chairman, I would be happy to yield to the gentleman,
at the Chair's discretion.
The CHAIRMAN pro tempore. The gentleman from Washington (Mr. Inslee)
may withdraw his amendment for a period of time.
Mr. INSLEE. Mr. Chairman, I ask unanimous consent to withdraw my
amendment at this time.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.

Amendment No. 1 Offered by Mr. Hefley

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

Amendment No. 1 offered by Mr. Hefley:
At the end of the bill (before the short title), insert
the following:
Sec. __. Total appropriations made in this Act (other than
appropriations required to be made by a provision of law) are
hereby reduced by $279,880,000.

The CHAIRMAN pro tempore. Pursuant to the order of the House of
today, the gentleman from Colorado (Mr. Hefley) and a Member opposed
each will control 5 minutes.
The Chair recognizes the gentleman from Colorado (Mr. Hefley).
Mr. HEFLEY. Mr. Chairman, I yield myself such time as I may consume,
and I hope we do not take near that much time, but I rise to offer an
amendment to cut the level of funding in this appropriations bill by
$278,880,000, or approximately 1 percent of the total outlays of the
bill.
This amendment is in the form of a retrenchment under the Holman
rule. If we cut these funds, it will be up to the administration to
decide where the cuts should fall. The bill totals approximately $28
billion, $49.6 million above the President's request, and $734.5
million, or 2.7 percent, over last year.
Now, last week, we debated the interior appropriations bill, which
actually showed a decrease in funding from last year, and I voted for
the bill because I thought that was a terrific step in the right
direction towards getting a grip on our deficit. It focused on the core
functions, I think, that needed to be done and eliminated some things
which were nonessential.
Now I understand that there are needs that need to be addressed in
this bill, important needs, but given this year's budget deficit is
still projected at around $400 billion, I think some of these needs
should be postponed.
Energy and water, I believe, should have to meet the same kinds of
strictures as the other appropriations bills, namely either a freeze or
cut. Naturally, we will hear about the impact of a 1 percent cut on
certain specific popular programs, and it is possible a 1 percent cut
could impact some of the smallest programs. That is why this amendment
leaves those cuts to the administration.
Mr. Chairman, let us look at what the 1 percent cut would mean to
other programs. One percent of the $1.87 billion general construction
budget for the Army Corps of Engineers would total $18.7 million. For
one of the Corps' recommendations in my district, $273,000 for the
flood control study along Fountain Creek, 1 percent would amount to
$2,730. Mr. Chairman, $2,730, though no doubt the Corps would disagree,
I cannot see how they would miss that particularly. It probably would
not pay for the printing.
Mr. Chairman, we have a terrible deficit. Our children are going to
be paying for it. Given that context, I do not think asking the
administration to find us a savings of one cent on the dollar is too
much to ask.
Mr. Chairman, I reserve the balance of my time.
Mr. HOBSON. Mr. Chairman, I claim the time in opposition to the
amendment and I yield myself such time as I may consume.
Mr. Chairman, I have to oppose this amendment. I know there are a lot
of things that one may or may not like in this bill, but we started off
with the concept in this bill that we would not do any new starts, no
new studies, and there were a number of things where we tried to cut
back on because our funds were very limited. And, frankly, the bill we
got out of the Committee on the Budget would not have allowed us to do
many of the things we did for Members because we were about $400
million short.
But due to some shifting around in the Committee on Appropriations,
thanks to the staff and the Members, we were able to come up with some
money to help Members. So we have done that.
Now, even though this looks like a small amount of money, when you
add it up, it is a big amount of money and it has a lot of negative
effect on a lot of projects. Further cuts would just exacerbate the
problems we have tried to do in this finely-tuned bill, so I would urge
a ``no'' vote on this bill.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Indiana (Mr. Visclosky), the ranking member.
Mr. VISCLOSKY. Mr. Chairman, I appreciate the chairman yielding me
this time, and I would join in his opposition.
I respect my good friend, however, I have to vehemently disagree. The
administration has proposed a budget, and it is up to us to make a
determination as to how to allocate those resources. The subcommittee
has done so in a balanced and fair fashion, and I would ask my
colleagues to oppose the amendment.
Mr. HEFLEY. Mr. Chairman, I yield myself such time as I may consume,
and in closing we are talking about one penny on a dollar. And I think
many businessmen will tell you if you cannot find one penny on a dollar
of savings, you should not be in business. I think we should apply that
to our governmental spending here in our budget.
Mr. Chairman, I yield back the balance of my time.
Mr. HOBSON. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from Colorado (Mr. Hefley).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. HEFLEY. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Colorado
(Mr. Hefley) will be postponed.

Amendment Offered by Mr. Inslee

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

The CHAIRMAN pro tempore. Pursuant to the order of the House of
today, the gentleman from Washington (Mr. Inslee) and a Member opposed
each will control 5 minutes.
The Chair recognizes the gentleman from Washington (Mr. Inslee.)
Mr. HOBSON. Mr. Chairman, I rise to reserve a point of order on the
gentleman's amendment.
The CHAIRMAN pro tempore. A point of order is reserved.
Mr. INSLEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I intend to withdraw my amendment, but prior to that I
would like to enter into a colloquy with the gentleman from Ohio (Mr.
Hobson).
First, I would like to thank the chairman of the subcommittee, the
gentleman from Ohio (Mr. Hobson) and

[[Page H5127]]

the ranking member, the gentleman from Indiana (Mr. Visclosky) for
their continued support for funding the cleanup at the Hanford site in
Washington. And I want to particularly thank Chairman Hobson for his
stalwart work in ending this practice of dumping waste in unlined
trenches. He has truly been remarkable, and the people of the State of
Washington appreciate his efforts.
The Department of Energy has been seeking legislative authority to
reclassify high-level radioactive waste as ``waste incidental to
reprocessing.'' This high-level waste contains highly toxic
radionuclides stored in underground tanks at sites in the State of
Washington, South Carolina, Idaho, and New York. In agreement with
these States and with Congress, the Department is required to remove as
much of these wastes as is technically feasible.
In order to achieve its target deadline for cleaning up these tanks,
the Department now argues that it requires the authority to reclassify
some of the waste at the bottom of the tanks as ``incidental waste,''
so that these wastes may be left on site or disposed of in a manner
that does not live up to the federal agreement. Such authority is
currently disputed by many of the involved States, who argue that the
long-term impacts of such an action are unknown and potentially harmful
to human health.
Does the gentleman agree that it is the intent of Congress that the
Department engage in fair and reasonable negotiations with the States
and involved parties?
Mr. HOBSON. Mr. Chairman, will the gentleman yield?
Mr. INSLEE. I yield to the gentleman from Ohio.
Mr. HOBSON. Mr. Chairman, in answer to the gentleman's question, I
would say, yes, the House supports a fair and reasonable negotiation
with the States and involved parties.
And I should tell the gentleman that I have been out there and looked
at these tanks, and also, as the gentleman spoke about last year, we
made him a promise we would take care of the unlined trenches, and I
believe, as of yesterday, their record of decision is that the citizens
out there deserve this, and I think it is going to go forward.
But in answer, yes, I think we do need to negotiate with the States
and the involved parties on this.
Mr. INSLEE. Mr. Chairman, reclaiming my time, I thank the gentleman.
And would the gentleman agree that any strategy to resolve the issue
should be consistent nationwide?
Mr. HOBSON. Well, if the gentleman will continue to yield, yes. And I
think in some other instances in this bill we have also taken a stand
that you cannot have one standard one place and one standard another.
So any conclusion must be comprehensive and consistent nationwide.
Mr. INSLEE. Mr. Chairman, finally, does the gentleman agree that the
House should strongly encourage the conferees to the defense
authorization bill to retain the language in the House Report requiring
the Secretary of Energy to engage the National Research Council to
study the Department's plans to manage its high-level waste streams
instead of providing the Department blanket reclassification authority?
Mr. HOBSON. I agree.
Mr. INSLEE. Once again reclaiming my time, Mr. Chairman, I want to
thank the gentleman for his efforts to move the DOE in the right
direction.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The CHAIRMAN pro tempore. Is there any objection to the request of
the gentleman from Washington?
There was no objection.
Mr. HOBSON. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I would like to enter into a colloquy with the
gentleman from Iowa (Mr. King).
Mr. KING of Iowa. Mr. Chairman, will the gentleman yield?
Mr. HOBSON. I yield to the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chairman, I appreciate the chairman's
willingness to enter into a colloquy and to yield to me on this issue.
I would just say to him that Missouri is downstream from where I live.
Mr. Chairman, I had authored an amendment to this legislation that
would prohibit funds intended for use for endangered species' habitat
restoration from being used by the Fish and Wildlife Service and State
Departments of Natural Resources. I am not pursuing this amendment
because the good gentleman from Ohio has agreed the funding in this act
should be used for its intended purposes.
As the Members of this body may remember, every year the energy and
water development appropriations bill brings to light the issues of the
Missouri River, which flows along the border of the district I
represent in western Iowa. In the ecosystem of the Missouri River,
there are three endangered species, the least tern, the piping plover,
and the pallid sturgeon. A dire legal situation involving regulation of
the Missouri River flow has resulted in complex reg. issues that impact
the entire Missouri River basin. A multiplicity of interests, including
agriculture, flood control, river freight transportation, electrical
generation, water, recreation, and the environment have been impacted
by decisions affecting the flow of the river.
Currently, the Army Corps of Engineers is working on a habitat
restoration for the two birds and the fish that have created such a
problem for people who need the river for economic reasons. As they
have been working to reestablish this habitat, we have discovered some
of the money that is diverted to Fish and Wildlife and State
Departments of Natural Resources to help with this effort is being used
for other purposes, such as duck habitat.
Mr. Chairman, my father took me to the duck blind when I was two
years old. I have been going there ever since, that is half a century
or more, and I can tell you there is no endangered species of ducks in
my district. As much as I like duck habitat, it should not be at the
expense of funds that are directed to priority habitat for endangered
species, which can go a long ways towards resolving this Missouri River
issue.
So not only do I care to see the issues of the Missouri River
resolved, as a responsible Member of this body, I also believe it is
our responsibility to stop abuse in its tracks. My amendment would have
alleviated both of these problems.
Mr. HOBSON. Mr. Chairman, reclaiming my time, I agree with the
gentleman from Iowa (Mr. King) that the purposes and intentions of this
act should be met. The funds appropriated for endangered species
habitat restoration on the Missouri River should be used for those
purposes.
As the Army Corps of Engineers works to that end, let us encourage
the Corps to properly oversee that the funds are being utilized for
their purposes.
Mr. KING of Iowa. Mr. Chairman, if the gentleman will continue to
yield, I thank the distinguished chairman for his consideration of this
issue.
Mr. HOBSON. Mr. Chairman, I move to strike the last word, and I seek
this time to enter into a colloquy with the gentleman from Ohio (Mr.
Portman).
Mr. PORTMAN. Mr. Chairman, will the gentleman yield?
Mr. HOBSON. Mr. Chairman, I yield to the gentleman from Ohio.
(Mr. PORTMAN asked and was given permission to revise and extend his
remarks.)
Mr. PORTMAN. Mr. Chairman, I wanted to rise to congratulate the
chairman on balancing difficult competing interests in this
legislation. Once again, I think we will see on final passage what a
good job he has done.
But in particular, I want to thank him very much for helping with
regard to our energy needs at the Port Smith Gaseous Diffusion Plant.
Once again, he has provided the President's request and has been
instrumental in being sure that we have not only jobs in southern Ohio
but that the centrifuge technology moves forward, which is so critical
to our Nation's energy security.
So, again, I rise to congratulate the chairman, and I look forward to
working with him going into the future, and congratulate him on his
bill and strongly support it this afternoon.

Sequential Votes Postponed in Committee of the Whole

The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII,
proceedings will now resume on those amendments on which further
proceedings were postponed in the following order: Amendment No. 5
offered by the gentleman from Vermont (Mr.

[[Page H5128]]

Sanders), amendment offered by the gentlewoman from New Mexico (Mrs.
Wilson), amendment offered by the gentleman from Massachusetts (Mr.
Meehan), and amendment No. 1 offered by the gentleman from Colorado
(Mr. Hefley).
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.

{time} 1400

Amendment No. 5 Offered by Mr. Sanders

The CHAIRMAN pro tempore (Mr. Linder). The pending business is the
demand for a recorded vote on the amendment offered by the gentleman
from Vermont (Mr. Sanders) 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 CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 150,
noes 241, not voting 42, as follows:

[Roll No. 321]

AYES--150

Abercrombie
Alexander
Allen
Andrews
Baca
Baird
Baldwin
Bartlett (MD)
Becerra
Berkley
Bishop (GA)
Bishop (NY)
Blumenauer
Boehlert
Boswell
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardin
Case
Clay
Clyburn
Conyers
Cooper
Costello
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Dingell
Doggett
Doyle
Ehlers
Emanuel
Engel
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Green (TX)
Green (WI)
Grijalva
Gutierrez
Herseth
Hinchey
Hinojosa
Hoeffel
Holt
Hooley (OR)
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (IL)
Jones (OH)
Kaptur
Kelly
Kennedy (RI)
Kildee
Kind
Kleczka
Kucinich
Lampson
Langevin
Larsen (WA)
Latham
Leach
Lee
Levin
Lowey
Majette
Maloney
Markey
McCarthy (NY)
McCollum
McDermott
McGovern
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Moore
Moran (KS)
Moran (VA)
Nadler
Napolitano
Neal (MA)
Nussle
Oberstar
Obey
Olver
Owens
Pallone
Pascrell
Payne
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Ramstad
Rangel
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sabo
Sanchez, Linda T.
Sanders
Schakowsky
Scott (VA)
Sensenbrenner
Serrano
Shays
Sherman
Simmons
Smith (NJ)
Solis
Stark
Strickland
Stupak
Tanner
Terry
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Waters
Watson
Watt
Waxman
Weiner
Wexler
Wu

NOES--241

Aderholt
Akin
Bachus
Baker
Ballenger
Barrett (SC)
Bass
Beauprez
Bell
Bereuter
Berry
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonilla
Bonner
Bono
Boozman
Boucher
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Cardoza
Carson (OK)
Carter
Castle
Chabot
Chandler
Chocola
Cole
Cox
Cramer
Crane
Crenshaw
Culberson
Davis (TN)
Davis, Jo Ann
Davis, Tom
DeLauro
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Duncan
Edwards
Emerson
English
Eshoo
Etheridge
Everett
Feeney
Ferguson
Flake
Foley
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Greenwood
Gutknecht
Hall
Harris
Hart
Hayes
Hayworth
Hefley
Hensarling
Herger
Hill
Hobson
Hoekstra
Holden
Honda
Hostettler
Hulshof
Hunter
Hyde
Issa
Istook
Jenkins
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Kanjorski
Keller
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Lantos
Larson (CT)
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lofgren
Lucas (KY)
Lucas (OK)
Lynch
Manzullo
Marshall
Matheson
Matsui
McCotter
McCrery
McHugh
McInnis
McIntyre
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Miller, George
Murphy
Murtha
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Ortiz
Osborne
Ose
Otter
Oxley
Pastor
Pearce
Pelosi
Pence
Petri
Pickering
Pitts
Platts
Pombo
Porter
Portman
Putnam
Quinn
Radanovich
Regula
Rehberg
Renzi
Reyes
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Royce
Sanchez, Loretta
Sandlin
Saxton
Schiff
Schrock
Scott (GA)
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simpson
Skelton
Smith (TX)
Smith (WA)
Snyder
Souder
Spratt
Stearns
Stenholm
Sullivan
Sweeney
Tancredo
Tauscher
Taylor (MS)
Taylor (NC)
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Turner (TX)
Upton
Visclosky
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wynn
Young (FL)

NOT VOTING--42

Ackerman
Barton (TX)
Berman
Boyd
Burgess
Carson (IN)
Coble
Collins
Cubin
Cunningham
Deal (GA)
Delahunt
Deutsch
Dicks
Dooley (CA)
Dunn
Gephardt
Harman
Hastings (FL)
Hastings (WA)
Houghton
Isakson
John
Jones (NC)
Kilpatrick
Lewis (GA)
Lipinski
McCarthy (MO)
Mollohan
Paul
Peterson (PA)
Pryce (OH)
Reynolds
Rodriguez
Rothman
Ryun (KS)
Slaughter
Smith (MI)
Tauzin
Thomas
Vitter
Young (AK)

{time} 1224

Messrs. BEAUPREZ, BARRETT of South Carolina, BRADY of Texas, CARDOZA,
LYNCH, HONDA, CHANDLER, and DAVIS of Tennessee changed their vote from
``aye' to ``no.''
Messrs. JOHNSON of Illinois, SHERMAN, BARTLETT of Maryland, COSTELLO,
DOGGETT, TERRY, NUSSLE, RAMSTAD, EHLERS, BISHOP of Georgia, HOLT, and
Ms. ROYBAL-ALLARD changed their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Ms. McCARTHY of Missouri. Mr. Chairman, on rollcall No. 321, I was
unavoidably detained. Had I been present, I would have voted ``aye.''

Amendment Offered by Mrs. Wilson of new mexico

The CHAIRMAN pro tempore (Mr. Linder). The pending business is the
demand for a recorded vote on the amendment offered by the gentlewoman
from New Mexico (Mrs. Wilson) on which further proceedings were
postponed and on which the noes prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.

Recorded Vote

The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 163,
noes 224, not voting 46, as follows:

[Roll No. 322]

AYES--163

Abercrombie
Allen
Andrews
Baca
Baldwin
Bass
Becerra
Bereuter
Berkley
Blumenauer
Bono
Boswell
Boucher
Bradley (NH)
Brady (TX)
Brown (OH)
Cardin
Carson (OK)
Case
Chabot
Chandler
Conyers
Cooper
Cox
Crowley
Davis (AL)
Davis (IL)
Davis, Tom
DeFazio
DeGette
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Doggett
Ehlers
Engel
English
Etheridge
Evans
Farr
Filner
Flake
Foley
Fossella
Frank (MA)
Franks (AZ)
Gibbons
Gilchrest
Gillmor
Gonzalez
Gordon
Graves
Green (WI)
Greenwood
Grijalva
Gutierrez
Hayworth
Hefley
Hensarling
Herseth
Hinchey
Hinojosa
Hoeffel
Holt
Hooley (OR)
Hulshof
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Jones (OH)
Kaptur
Kelly
Kennedy (RI)
Kildee
Kind
Kleczka
Kucinich
Langevin
Lantos
Larsen (WA)
Leach
Lee
Lucas (OK)
Majette
Maloney
Manzullo
Markey
Marshall
Matheson
McCarthy (NY)
McCollum
McDermott
McIntyre
McNulty
Meehan
Michaud
Millender-McDonald
Miller (NC)
Miller, Gary
Moore
Moran (KS)
Musgrave
Nadler
Napolitano
Norwood
Obey
Otter
Owens
Payne
Pearce
Pitts
Pomeroy

[[Page H5129]]

Porter
Price (NC)
Radanovich
Rangel
Renzi
Rohrabacher
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (VA)
Sensenbrenner
Shadegg
Sherman
Shimkus
Simmons
Skelton
Smith (NJ)
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Sullivan
Taylor (MS)
Thornberry
Tierney
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Walden (OR)
Watson
Waxman
Weiner
Weller
Wexler
Wilson (NM)
Woolsey
Wu

NOES--224

Aderholt
Akin
Alexander
Bachus
Baird
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Beauprez
Bell
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Boozman
Brady (PA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carter
Castle
Chocola
Clay
Clyburn
Cole
Costello
Cramer
Crane
Crenshaw
Culberson
Cummings
Davis (CA)
Davis (FL)
Davis (TN)
Davis, Jo Ann
DeLay
DeMint
Doolittle
Doyle
Dreier
Duncan
Edwards
Emanuel
Emerson
Eshoo
Everett
Fattah
Feeney
Ferguson
Forbes
Ford
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gerlach
Gingrey
Goode
Goodlatte
Goss
Granger
Green (TX)
Gutknecht
Hall
Harris
Hart
Hayes
Herger
Hill
Hobson
Hoekstra
Holden
Honda
Hostettler
Hoyer
Hyde
Israel
Issa
Istook
Jenkins
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Kanjorski
Keller
Kennedy (MN)
King (IA)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Lampson
Larson (CT)
Latham
LaTourette
Levin
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lofgren
Lucas (KY)
Lynch
McCotter
McCrery
McGovern
McHugh
McInnis
McKeon
Meek (FL)
Meeks (NY)
Menendez
Mica
Miller (FL)
Miller (MI)
Miller, George
Moran (VA)
Murphy
Murtha
Myrick
Neal (MA)
Nethercutt
Neugebauer
Ney
Northup
Nunes
Nussle
Oberstar
Olver
Ortiz
Osborne
Ose
Oxley
Pallone
Pascrell
Pastor
Pelosi
Pence
Peterson (MN)
Petri
Pickering
Platts
Pombo
Portman
Putnam
Quinn
Rahall
Ramstad
Regula
Rehberg
Reyes
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Roybal-Allard
Sabo
Saxton
Schrock
Scott (GA)
Serrano
Sessions
Shaw
Shays
Sherwood
Shuster
Simpson
Smith (TX)
Souder
Stearns
Stenholm
Stupak
Sweeney
Tancredo
Tanner
Tauscher
Taylor (NC)
Terry
Thompson (CA)
Thompson (MS)
Tiahrt
Tiberi
Toomey
Towns
Turner (OH)
Upton
Velazquez
Visclosky
Walsh
Wamp
Waters
Watt
Weldon (FL)
Weldon (PA)
Whitfield
Wicker
Wilson (SC)
Wolf
Wynn
Young (FL)

NOT VOTING--46

Ackerman
Barton (TX)
Berman
Boyd
Burgess
Carson (IN)
Coble
Collins
Cubin
Cunningham
Deal (GA)
Delahunt
Deutsch
Dicks
Dooley (CA)
Dunn
Gephardt
Harman
Hastings (FL)
Hastings (WA)
Houghton
Hunter
Isakson
John
Jones (NC)
Kilpatrick
King (NY)
Lewis (GA)
Lipinski
Lowey
Matsui
McCarthy (MO)
Mollohan
Paul
Peterson (PA)
Pryce (OH)
Reynolds
Rodriguez
Rothman
Ryun (KS)
Slaughter
Smith (MI)
Tauzin
Thomas
Vitter
Young (AK)

{time} 1431

Mr. THOMPSON of California changed his vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Ms. McCarthy of Missouri. Mr. Chairman, on rollcall No. 322 I was
unavoidably detained. Had I been present, I would have voted ``aye.''

Amendment Offered by Meehan

The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from
Massachusetts (Mr. Meehan) on which further proceedings were postponed
and on which the noes prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.

Recorded Vote

[Roll No. 323]

AYES--151

Abercrombie
Allen
Andrews
Baca
Baird
Baldwin
Becerra
Bell
Berkley
Bishop (NY)
Blumenauer
Boswell
Bradley (NH)
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardin
Cardoza
Case
Chandler
Clay
Clyburn
Conyers
Cooper
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
DeLauro
Dingell
Doggett
Emanuel
Engel
Etheridge
Evans
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Gordon
Green (WI)
Grijalva
Gutierrez
Herseth
Hinchey
Hoeffel
Holt
Hooley (OR)
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Kaptur
Kennedy (RI)
Kildee
Kind
Kleczka
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Leach
Lee
Levin
Lynch
Majette
Maloney
Markey
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNulty
Meehan
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Moore
Moran (VA)
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Owens
Pallone
Pascrell
Payne
Pelosi
Peterson (MN)
Petri
Pomeroy
Price (NC)
Rahall
Rangel
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Scott (VA)
Sensenbrenner
Serrano
Shays
Sherman
Skelton
Smith (NJ)
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn

NOES--235

Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Bass
Beauprez
Bereuter
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boucher
Brady (PA)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carson (OK)
Carter
Castle
Chabot
Chocola
Cole
Costello
Cox
Cramer
Crane
Crenshaw
Culberson
Davis (TN)
Davis, Jo Ann
Davis, Tom
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Doyle
Dreier
Duncan
Edwards
Ehlers
Emerson
English
Eshoo
Everett
Farr
Feeney
Ferguson
Flake
Foley
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (TX)
Greenwood
Gutknecht
Hall
Harris
Hart
Hayes
Hayworth
Hefley
Hensarling
Herger
Hill
Hinojosa
Hobson
Hoekstra
Holden
Honda
Hostettler
Hoyer
Hulshof
Hyde
Israel
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (OH)
Kanjorski
Keller
Kelly
Kennedy (MN)
King (IA)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Lampson
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lofgren
Lucas (KY)
Lucas (OK)
Manzullo
Marshall
McCotter
McCrery
McHugh
McInnis
McKeon
Meek (FL)
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Ortiz
Osborne
Ose
Otter
Oxley
Pastor
Pearce
Pence
Pickering
Pitts
Platts
Pombo
Porter
Portman
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reyes
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Roybal-Allard
Royce
Ryan (WI)
Sandlin
Saxton
Schrock
Scott (GA)
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (TX)
Souder
Stearns
Stenholm
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (NC)
Terry
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Upton
Visclosky
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (FL)

NOT VOTING--47

Ackerman
Ballenger
Barton (TX)
Berman
Boyd
Burgess
Carson (IN)
Coble
Collins
Cubin
Cunningham
Deal (GA)

[[Page H5130]]

Delahunt
Deutsch
Dicks
Dooley (CA)
Dunn
Gephardt
Harman
Hastings (FL)
Hastings (WA)
Houghton
Hunter
Isakson
John
Jones (NC)
Kilpatrick
King (NY)
Lewis (GA)
Lipinski
Lowey
McCarthy (MO)
Mollohan
Paul
Peterson (PA)
Pryce (OH)
Reynolds
Rodriguez
Rothman
Ryun (KS)
Sabo
Slaughter
Smith (MI)
Tauzin
Thomas
Vitter
Young (AK)

{time} 1439

Mr. ABERCROMBIE changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Ms. McCARTHY of Missouri. Mr. Chairman, on rollcall No. 323, I was
unavoidably detained. Had I been present, I would have voted ``aye.''

Amendment No. 1 Offered by Mr. Hefley

The CHAIRMAN pro tempore (Mr. Linder). The pending business is the
demand for a recorded vote on the amendment offered by the gentleman
from Colorado (Mr. Hefley) 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

[Roll No. 324]

AYES--68

Bachus
Barrett (SC)
Bartlett (MD)
Bass
Beauprez
Bishop (UT)
Blackburn
Boehner
Brady (TX)
Burton (IN)
Buyer
Cannon
Chabot
Chocola
Crane
Davis, Jo Ann
DeMint
Diaz-Balart, M.
Duncan
Feeney
Flake
Franks (AZ)
Garrett (NJ)
Gibbons
Graves
Green (WI)
Gutknecht
Harris
Hefley
Hensarling
Hostettler
Johnson, Sam
Keller
King (IA)
Lewis (KY)
Linder
Manzullo
McCotter
Miller (FL)
Miller, Gary
Moran (KS)
Musgrave
Myrick
Neugebauer
Norwood
Otter
Pence
Petri
Pitts
Porter
Ramstad
Rogers (MI)
Rohrabacher
Royce
Ryan (WI)
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (WA)
Stearns
Sullivan
Tancredo
Tanner
Taylor (MS)
Taylor (NC)
Toomey
Wilson (SC)

NOES--319

Abercrombie
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Baird
Baker
Baldwin
Becerra
Bell
Bereuter
Berkley
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Blunt
Boehlert
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Bradley (NH)
Brady (PA)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burns
Burr
Calvert
Camp
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carson (OK)
Carter
Case
Castle
Chandler
Clay
Clyburn
Cole
Conyers
Cooper
Costello
Cox
Cramer
Crenshaw
Crowley
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Tom
DeFazio
DeGette
DeLauro
DeLay
Diaz-Balart, L.
Dingell
Doggett
Doolittle
Doyle
Dreier
Edwards
Ehlers
Emanuel
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Foley
Forbes
Ford
Fossella
Frank (MA)
Frelinghuysen
Frost
Gallegly
Gerlach
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Goss
Granger
Green (TX)
Greenwood
Grijalva
Gutierrez
Hall
Hart
Hayes
Hayworth
Herger
Herseth
Hill
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley (OR)
Hoyer
Hulshof
Hunter
Hyde
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kind
Kingston
Kirk
Kleczka
Kline
Knollenberg
Kolbe
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
LoBiondo
Lofgren
Lucas (KY)
Lucas (OK)
Lynch
Majette
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Michaud
Millender-McDonald
Miller (MI)
Miller (NC)
Miller, George
Moore
Moran (VA)
Murphy
Murtha
Nadler
Napolitano
Neal (MA)
Nethercutt
Ney
Northup
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Peterson (MN)
Pickering
Platts
Pombo
Pomeroy
Portman
Price (NC)
Putnam
Quinn
Radanovich
Rahall
Rangel
Regula
Rehberg
Renzi
Reyes
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Ross
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Schrock
Scott (GA)
Scott (VA)
Serrano
Shaw
Shays
Sherman
Sherwood
Shuster
Simmons
Simpson
Skelton
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Spratt
Stark
Stenholm
Strickland
Stupak
Sweeney
Tauscher
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wolf
Woolsey
Wu
Wynn
Young (FL)

NOT VOTING--46

Ackerman
Ballenger
Barton (TX)
Berman
Boyd
Burgess
Carson (IN)
Coble
Collins
Cubin
Cunningham
Deal (GA)
Delahunt
Deutsch
Dicks
Dooley (CA)
Dunn
Gephardt
Harman
Hastings (FL)
Hastings (WA)
Houghton
Isakson
John
Jones (NC)
Kilpatrick
King (NY)
Lewis (GA)
Lipinski
Lowey
McCarthy (MO)
Mollohan
Paul
Peterson (PA)
Pryce (OH)
Reynolds
Rodriguez
Rothman
Ryun (KS)
Sabo
Slaughter
Smith (MI)
Tauzin
Thomas
Vitter
Young (AK)

{time} 1446

So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Ms. McCARTHY of Missouri. Mr. Chairman, on rollcall No. 324, I was
unavoidably detained. Had I been present, I would have voted ``no.''
The CHAIRMAN pro tempore. Under the rule and the previous order of
the House, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Foley) having assumed the chair, Mr. Linder, Chairman pro tempore of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
4614) making appropriations for energy and water development for the
fiscal year ending September 30, 2005, and for other purposes, pursuant
to House Resolution 694, he reported the bill back to the House with
sundry amendments adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment? If not, the Chair will
put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 370,
nays 16, not voting 47, as follows:

[Roll No. 325]

YEAS--370

Abercrombie
Aderholt
Akin
Alexander
Allen
Baca
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Bartlett (MD)
Bass
Beauprez
Becerra
Bell
Bereuter
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carson (OK)
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Clyburn
Cole
Conyers

[[Page H5131]]

Cooper
Costello
Cox
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Jo Ann
Davis, Tom
DeFazio
DeGette
DeLauro
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Doggett
Doolittle
Doyle
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Foley
Forbes
Ford
Fossella
Frank (MA)
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grijalva
Gutierrez
Gutknecht
Hall
Harris
Hart
Hayes
Hayworth
Herger
Herseth
Hill
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley (OR)
Hoyer
Hulshof
Hunter
Hyde
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kind
King (IA)
Kingston
Kirk
Kleczka
Kline
Knollenberg
Kolbe
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lofgren
Lucas (KY)
Lucas (OK)
Lynch
Majette
Maloney
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum
McCotter
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Moore
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Renzi
Reyes
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Schrock
Scott (GA)
Scott (VA)
Serrano
Sessions
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (FL)

NAYS--16

Andrews
Berkley
Flake
Franks (AZ)
Gibbons
Hefley
Hensarling
Hostettler
Kucinich
Porter
Royce
Sensenbrenner
Shadegg
Stearns
Terry
Toomey

NOT VOTING--47

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (Mr. Foley) (during the vote). Members are
advised there are 2 minutes in which to record their votes.

{time} 1504

So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Ms. McCARTHY of Missouri. Mr. Speaker, on rollcall No. 325, I was
unavoidably detained. Had I been present, I would have voted ``yea.''

____________________