JOURNAL OF THE

1808

T137.12 OCTOBER 31

CONTRIBUTION TO SUSQUEHANNA RIVER BASIN

COMMISSION

For payment of the United States share of the

current expenses of the Susquehanna River

Basin Commission, as authorized by law (84

Stat. 1530, 1531), $250,000.

And the Senate agree to the same.

Amendment numbered 49:

That the House recede from its disagreement to the amendment of the Senate numbered 49, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment insert: $109,169,000; and the Senate

agree to the same.

Amendment numbered 50:

That the House recede from its disagreement to the amendment of the Senate numbered 50, and agree to the same with an

amendment, as follows:

In lieu of the matter proposed by said

amendment, insert: The Tennessee Valley Authority shall, not later than March 30, 1996,

submit to Congress a preliminary plan for funding the environmental research center from

sources other than direct appropriations to the

Tennessee Valley Authority after fiscal year

1996; and the Senate agree to the same.

Amendment numbered 51:

That the House recede from its disagreement to the amendment of the Senate numbered 51, and agree to the same with an

amendment, as follows:

In lieu of the matter stricken by said

amendment, insert:

SEC. 501. Section 510 of Public Law 101–514,

the Fiscal Year 1991 Energy and Water Development Appropriations Act, is repealed.

SEC. 502. Notwithstanding the provisions of

any other law, the report referred to in Title 30

of Public Law 102–575 shall be submitted within

five years from the date of enactment of that

Act.

And the Senate agree to the same.

Amendment numbered 52:

That the House recede from its disagreement to the amendment of the Senate numbered 52, and agree to the same with an

amendment, as follows:

In lieu of the matter stricken by said

amendment, insert:

SEC. 504. Section 4(a) of the Act entitled ‘‘An

Act to provide for the restoration of the fish and

wildlife in the Trinity River Basin, California,

and for other purposes’’, approved October 24,

1984 (98 Stat. 2723), is amended—

(a) in paragraph (1), by striking ‘‘October 1,

1995’’ and inserting in lieu thereof ‘‘October 1,

1996’’; and

(b) in paragraph (2), by striking ‘‘ten-year’’

and inserting in lieu thereof ‘‘eleven-year’’.

And the Senate agree to the same.

Amendment numbered 53:

That the House recede from its disagreement to the amendment of the Senate numbered 53, and agree to the same with an

amendment, as follows:

In lieu of the matter stricken by said

amendment, insert:

SEC. 507. In order to ensure the timely implementation of the Colorado Ute Indian Water

Rights Settlement Act of 1988, the Secretary of

the Interior is directed to proceed without delay

with construction of those facilities in conformance with the final Biological Opinion for the

Animas-La Plata project, Colorado and New

Mexico, dated October 25, 1991.

And the Senate agree to the same.

Amendment numbered 55:

That the House recede from its disagreement to the amendment of the Senate numbered 55, and agree to the same with an

amendment, as follows:

In lieu of the matter proposed by said

amendment, insert:

SEC. 508.

(a) DEFINITIONS.—In this section:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Bonneville Power Administration.

(2) COUNCIL.—The term ‘‘Council’’ means the

Northwest Power and Conservation Planning

Council.

(3) EXCESS FEDERAL POWER.—The term ‘‘excess Federal power’’ means such electric power

that has become surplus to the firm contractual

obligations of the Administrator under section

5(f) of the Pacific Northwest Electric Power

Planning Conservation Act (16 U.S.C. 839c(f))

due to either—

(A) any reduction in the quantity of electric

power that the Administrator is contractually

required to supply under subsections (b) and (d)

of section 5 of the Pacific Northwest Electric

Power Planning and Conservation Act (16

U.S.C. 839c), due to the election by customers of

the Bonneville Power Administration to purchase electric power from other suppliers, as

compared to the quantity of electric power that

the Administrator was contractually required to

supply as of January 1, 1995; or

(B) those operations of the Federal Columbia

River Power System that are primarily for the

benefit of fish and wildlife affected by the development, operation, or management of the System.

(b) SALE OF EXCESS FEDERAL POWER.—Notwithstanding section 2, subsections (a), (b), and

(c) of section 3, and section 7 of Public Law 88–

552 (16 U.S.C. 837a, 837b, and 837f), and section

9(c) of the Pacific Northwest Electric Power

Planning and Conservation Act (16 U.S.C.

839f(c)), the Administrator may, as permitted by

otherwise applicable law, sell or otherwise dispose of excess Federal power—

(1) outside the Pacific Northwest on a firm

basis for a contract term of not to exceed 7

years, if the excess Federal power is first offered

for a reasonable period of time and under the

same essential rate, terms and conditions to

those Pacific Northwest public body, cooperative

and investor-owned utilities and those direct

service industrial customers identified in subsection (b) or (d)(1)(A) of section 5 of the Pacific

Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839c); and,

(2) in any region without the prohibition on

resale established by the second sentence of section 5(a) of the Act entitled ‘‘An Act to authorize the completion, maintenance, and operation

of Bonneville project for navigation, and for

other purposes’’, approved August 20, 1937 (commonly known as the ‘‘Bonneville Project Act of

1937’’) (16 U.S.C. 832d(a)).

(c) STUDY BY COUNCIL.—(1) Within 180 days of

enactment of this Act, the Council shall review

and report to Congress regarding the most appropriate governance structure to allow more effective regional control over efforts to conserve

and enhance anadromous and resident fish and

wildlife within the Federal Columbia River

Power System.

(d) CORPS OF ENGINEERS PROCUREMENT.—The

Assistant Secretary of the Army for Civil Works,

acting through the North Pacific Division of the

Corps of Engineers, is authorized to place orders

for goods and services related to facilities for

electric power generation and fish and wildlife

mitigation associated with the Federal Columbia

River Power System with and through the Administrator using the authorities available to

the Administrator.

(e) RESIDENTIAL EXCHANGE.—Notwithstanding

the establishment, confirmation and approval of

rates pursuant to 16 U.S.C. 839e, and notwithstanding the provisions of 16 U.S.C. 839c(c), the

cost benefits of eligible utilities’ total purchase

and exchange sales under 16 U.S.C. 839c(c)(1)

shall be $145,000,000 for Fiscal Year 1997, and

the net benefits paid to each eligible electric

utility shall be $145,000,000 multiplied by the

percentage of the total of such net benefits paid

by the Administrator to such utility for Fiscal

Year 1995.

(f) PERSONNEL FLEXIBILITY.—The Administrator may offer employees voluntary separation

incentives as deemed necessary which shall not

exceed $25,000. Recipients who accept employment with the United States within five years

after separation shall repay the entire amount

to the Bonneville Power Administration.

(g) SAVINGS.—Unless superseded by an Act of

Congress, the authority provided by this section

is expressly intended to extend beyond the fiscal

year.

And the Senate agree to the same.

Amendment numbered 56:

That the House recede from its disagreement to the amendment of the Senate numbered 56, and agree to the same with an

amendment, as follows:

In lieu of the matter proposed by said

amendment, insert:

SEC. 509. Section 7 of the Magnetic Fusion Energy Engineering Act (42 U.S.C. 9396) is repealed.

And the Senate agree to the same.

Amendment numbered 59:

That the House recede from its disagreement to the amendment of the Senate numbered 59, and agree to the same with an

amendment, as follows:

In lieu of the section number named in said

amendment, insert: 510; and the Senate agree

to the same.

JOHN T. MYERS,

HAROLD ROGERS,

JOE KNOLLENBERG,

FRANK RIGGS,

RODNEY P.

FRELINGHUYSEN,

JIM BUNN,

BOB LIVINGSTON,

TOM BEVILL,

VIC FAZIO,

JIM CHAPMAN,

Managers on the Part of the House.

PETE V. DOMENICI,

MARK O. HATFIELD,

THAD COCHRAN,

SLADE GORTON,

MITCH MCCONNELL,

ROBERT F. BENNETT,

CONRAD BURNS,

ROBERT C. BYRD,

FRITZ HOLLINGS,

HARRY REID,

BOB KERREY,

PATTY MURRAY,

Managers on the Part of the Senate.

When said conference report was considered.

After debate,

By unanimous consent, the previous

question was ordered on the conference

report to its adoption or rejection.

The question being put,

Will the House agree to said conference report?

The SPEAKER pro tempore, Mr.

UPTON, announced that pursuant to

clause 7 of rule XV the yeas and nays

were ordered, and the call was taken by

electronic device.

It was decided in the Yeas ....... 402 ! affirmative ................... Nays ...... 24

T137.12 [Roll No. 748]

YEAS—402

Abercrombie

Ackerman

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Becerra

Bentsen

Berman

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert
HOUSE OF REPRESENTATIVES

1809

1995 T137.15

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clay

Clayton

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Collins (IL)

Collins (MI)

Combest

Condit

Conyers

Cooley

Costello

Cox

Coyne

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeFazio

DeLauro

DeLay

Dellums

Deutsch

Diaz-Balart

Dickey

Dicks

Dingell

Dixon

Doggett

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Eshoo

Evans

Everett

Ewing

Farr

Fattah

Fawell

Fazio

Fields (TX)

Flake

Flanagan

Foglietta

Foley

Forbes

Fowler

Fox

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Furse

Gallegly

Ganske

Gejdenson

Gekas

Gephardt

Geren

Gibbons

Gilchrest

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Harman

Hastert

Hastings (FL)

Hastings (WA)

Hayes

Hayworth

Hefner

Heineman

Herger

Hilleary

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnson, Sam

Johnston

Jones

Kanjorski

Kaptur

Kasich

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kim

King

Kingston

Kleczka

Klink

Klug

Knollenberg

Kolbe

LaFalce

LaHood

Lantos

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Levin

Lewis (CA)

Lewis (GA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

LoBiondo

Lofgren

Longley

Lowey

Lucas

Luther

Maloney

Manton

Manzullo

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McCollum

McCrery

McDade

McDermott

McHale

McHugh

McInnis

McIntosh

McKeon

McKinney

McNulty

Meehan

Meek

Menendez

Metcalf

Meyers

Mfume

Miller (CA)

Miller (FL)

Minge

Mink

Molinari

Mollohan

Montgomery

Moorhead

Moran

Morella

Murtha

Myers

Myrick

Neal

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Oxley

Packard

Pallone

Parker

Pastor

Paxon

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Peterson (MN)

Petri

Pickett

Pombo

Pomeroy

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Rahall

Ramstad

Regula

Richardson

Riggs

Rivers

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Sanford

Sawyer

Saxton

Schaefer

Schiff

Schroeder

Schumer

Scott

Seastrand

Serrano

Shadegg

Shaw

Shays

Shuster

Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stark

Stenholm

Stockman

Stokes

Studds

Stump

Stupak

Talent

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thomas

Thompson

Thornberry

Thornton

Thurman

Tiahrt

Torkildsen

Torres

Torricelli

Towns

Traficant

Upton

Visclosky

Volkmer

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Waters

Watt (NC)

Watts (OK)

Waxman

Weldon (FL)

Weller

White

Whitfield

Wicker

Williams

Wilson

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Young (AK)

Young (FL)

Zeliff

Zimmer

NAYS—24

Andrews

Baesler

Barrett (WI)

Beilenson

Clement

Filner

Ford

Gordon

Hefley

Jacobs

Mica

Nadler

Rangel

Reed

Roemer

Royce

Salmon

Scarborough

Sensenbrenner

Stearns

Tanner

Velazquez

Vento

Ward

NOT VOTING—6

Bereuter

Fields (LA)

Moakley

Roth

Tucker

Weldon (PA)

So the conference report was agreed

to.

A motion to reconsider the vote

whereby said conference report was

agreed to was, by unanimous consent,

laid on the table.

Ordered, That the Clerk notify the

Senate thereof.

T137.13 APPOINTMENT OF ADDITIONAL

CONFEREE—H.R. 2491

The SPEAKER pro tempore, Mr.

UPTON, by unanimous consent, announced that the Speaker, under the

authority granted in clause 6(f) of rule

X, appointed Mr. BROWN of California

as an additional conferee to the conference with the Senate on the disagreeing votes of the two Houses on

the amendment of the Senate to the

bill (H.R. 2491) to provide for reconciliation pursuant to section 105 of the

concurrent resolution on the budget for

fiscal year 1996; for consideration of

title I of the House bill, and subtitles

A-C of title I of the Senate amendment,

and modifications committed to conference.

Ordered, That the Clerk notify the

Senate of the foregoing appointment.

T137.14 WAIVING POINTS OF ORDER

AGAINST THE CONFERENCE REPORT ON

H.R. 1868

Mr. GOSS, by direction of the Committee on Rules, called up the following resolution (H. Res. 249):

Resolved, That upon adoption of this resolution it shall be in order to consider the

conference report to accompany the bill

(H.R. 1868) making appropriations for foreign

operations, export financing, and related

programs for the fiscal year ending September 30, 1996, and for other purposes. All

points of order against the conference report

and against its consideration are waived.

The motion printed in the report of the Committee on Rules accompanying this resolution to dispose of the amendment of the Senate numbered 115 may be offered only by

Representative Callahan of Alabama or his

designee. That motion shall be considered as

read and shall be debatable for one hour

equally divided and controlled by the proponent and an opponent. All points of order

against that motion are waived. The previous question shall be considered as ordered

on that motion to final adoption without intervening motion or demand for division of

the question.

When said resolution was considered.

After debate,

Mr. GOSS moved the previous question on the resolution to its adoption

or rejection.

The question being put, viva voce,

Will the House now order the previous question?

The SPEAKER pro tempore, Mr.

COMBEST, announced that the yeas

had it.

Mr. OBEY objected to the vote on the

ground that a quorum was not present

and not voting.

A quorum not being present,

The roll was called under clause 4,

rule XV, and the call was taken by

electronic device.

When there appeared Yeas ....... 268 ! Nays ...... 155

T137.15 [Roll No. 749]

YEAS—268

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bilbray

Bilirakis

Bliley

Blute

Boehlert

Boehner

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Browder

Brown (OH)

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Collins (GA)

Combest

Condit

Cooley

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Davis

Deal

DeLay

Diaz-Balart

Dickey

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Gordon

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson, Sam

Jones

Kanjorski

Kasich

Kelly

Kildee

Kim

King

Kingston

Klink

Klug

Knollenberg

Kolbe

LaFalce

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Lipinski

Livingston

LoBiondo

Lofgren

Longley

Lucas

Manzullo

Martini

Mascara

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

Metcalf

Mica

Miller (FL)

Molinari

Montgomery

Moorhead

Murtha

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Ortiz

Orton

Oxley

Packard

Parker

Paxon