[Congressional Record Volume 157, Number 113 (Tuesday, July 26, 2011)] [House] [Pages H5536-H5539] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] PERSONAL EXPLANATION Mr. GUTIERREZ. Mr. Chair, I was delayed for votes, due to my participation in a peaceful rally and protest against the current Administration's enforcement policies against immigrant students and the families of U.S. citizens. Had I been present for the votes I would have voted ``yes'' on rollcall votes 640, 641, 642, 643, 644, 645, 646, 647, and 648. The Acting CHAIR. The question is on the committee amendment in the nature of a substitute, as amended. [[Page H5537]] The amendment was agreed to. The Acting CHAIR. Under the rule, the Committee rises. Accordingly, the Committee rose; and the Speaker pro tempore (Mr. Dold) having assumed the chair, Mr. LaTourette, Acting Chair of the Committee of the Whole House on the state of the Union, reported that that Committee, having had under consideration the bill (H.R. 1938) to direct the President to expedite the consideration and approval of the construction and operation of the Keystone XL oil pipeline, and for other purposes, and, pursuant to House Resolution 370, reported the bill back to the House with an amendment adopted in 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 to the amendment reported from the Committee of the Whole? If not, the question is on the committee amendment in the nature of a substitute, as amended. The amendment was 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. Motion to Recommit Ms. SUTTON. Mr. Speaker, I have a motion to recommit at the desk. The SPEAKER pro tempore. Is the gentlewoman opposed to the bill? Ms. SUTTON. I am opposed in its current form. The SPEAKER pro tempore. The Clerk will report the motion to recommit. The Clerk read as follows: Ms. Sutton moves to recommit the bill H.R. 1938 to the Committee on Energy and Commerce with instructions to report the same back to the House forthwith, with the following amendments: Page 6, after line 24, insert the following new paragraphs: (18) TransCanada Corporation has threatened to condemn the land of American farmers, ranchers, and homeowners along the Keystone XL pipeline route, and farmers, ranchers, and homeowners in the States of Montana, Nebraska, Oklahoma, South Dakota, Kansas, and Texas are at risk of having their property seized by a foreign corporation. (19) In its permit application to the Canadian Government, TransCanada Corporation, the owner and operator of the Keystone XL pipeline, projected that the Keystone XL pipeline will increase oil prices in PADD 2, which includes the States of Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, and Wisconsin, increasing annual revenue to Canadian oil producers by an estimated $2,000,000,000 to $3,900,000,000 in 2013. Page 7, lines 14 and 20, redesignate subsections (c) and (d) as subsections (d) and (e), respectively. Page 7, after line 13, insert the following new subsection: (c) Protecting Consumers From Unfair Gas Price Increases and Seizure of Farmland.--The President shall ensure that the necessary actions under subsection (a) shall include-- (1) any feasible step to prevent an increase in gasoline prices in any region of the country; and (2) any feasible step to limit the seizure of American farmland and ranchland without consent of the landowners. {time} 1810 The SPEAKER pro tempore. The gentlewoman from Ohio is recognized for 5 minutes. Ms. SUTTON. Mr. Speaker, I rise today to offer this amendment in response to a concern that we have all heard and which was recently raised in a letter that I received from a constituent in Cuyahoga Falls, Ohio. He wanted to know how Congress can help with rising gas prices, prices that are forcing him to spend less on taking care of his family and causing uncertainty and uneasiness. And it's with my constituent in mind that I offer this amendment today. Mr. Speaker, today we have an opportunity to join together to pass this amendment and do something for my constituent and for the middle class families like his across the country that exist in each and every district. At the outset, I want to be clear, this amendment, this motion, it does not kill the underlying bill. So regardless of whether you intend to vote for the legislation or against it, you will have the opportunity to do that today. This amendment simply offers us, Democrats and Republicans alike, the opportunity to speak up on behalf of our constituents loudly and clearly. What this amendment does is makes it clear that if the underlying bill passes, we want the President to take feasible steps to prevent gas prices from rising as a result of its passage and to take feasible steps to limit the seizure of American farmland. This should be an easy amendment for colleagues on both sides of the aisle to support. A vote for the amendment means standing up for American consumers to protect them against gas increases. A vote for this amendment means you are standing up for American families to protect them from unfair seizures of their property. These are the goals that all of us in this body, the people's House, should share. It is important that we act together to pass this amendment today because, make no mistake, at a time when gas prices are already too high, this bill in its current form will raise gas prices even higher, placing an even greater burden on American families and small businesses. We know this, Mr. Speaker, because TransCanada, the Canadian corporation that is building this pipeline, has admitted as much. TransCanada's own assessment from February of 2009 states that Keystone XL pipeline will increase the cost of a barrel of crude oil by $6.55 per barrel in the Midwest and $3 per barrel everywhere else. Mr. Speaker, this is simply unacceptable. It's unacceptable because far too many middle class families are already struggling. Without this amendment, this legislation amounts to salt in the wounds of working families, so many of whom have seen their jobs sent overseas and now they will see even more of their hard-earned dollars being sent out of the country and will have to pay more for gas to boot. And this legislation, in its current form, also stands to harm our small business owners, putting a larger financial burden on them at a time when we have called on them to create jobs and lead the way in our recovery. It will burden our family farmers who will now have to pay more to gas up their combines and buy fertilizer. But an increase in gas prices is not the only reason this legislation needs to be amended. From South Dakota to Texas, we have a situation where the non-U.S. energy company building this pipeline has been pushing American farmers and ranchers to give up their rights to their own property. And for those who have resisted, the company--in pursuit of billions of dollars--has been taking Americans to court to seize control of their land through eminent domain. TransCanada has been bringing these lawsuits even before they have the permits to build the pipeline. These outrageous acts are bringing Democrats and Republicans together to speak out on behalf of property owners and to ensure that their rights come before the rights of any big corporation. That is the way it should be--us standing together to protect American consumers and property owners. Mr. Speaker, our country needs to protect the rights of our citizens, not subject those rights to a foreign corporation. Mr. Speaker, our constituents pay high enough gas prices. They need us to stand up and do all that we can to prevent the admitted increases that will occur according to TransCanada's own study. With this amendment, we can join together to do just that. We can put the American people before politics and before corporate profits and ensure that the President takes any feasible steps to protect against gas increases and limit the taking of property through eminent domain that will result from this legislation. This final amendment will ensure these things while allowing for an immediate final vote on the bill. I encourage my colleagues to stand together and vote ``yes'' on this final amendment. Mr. Speaker, I yield back the balance of my time. Mr. TERRY. Mr. Speaker, I rise in opposition to the motion to recommit. The SPEAKER pro tempore. The gentleman from Nebraska is recognized for 5 minutes. Mr. TERRY. Mr. Speaker, I urge all of my colleagues here to vote against this. This is, A, nonsensical and not even relevant here. Why? Well, maybe some of my friends on the other side of the aisle have confused a public works [[Page H5538]] project with this private infrastructure project. Number one, private companies do not have any rights of eminent domain; they can't take people's lands. So this part about them exercising eminent domain is just not relevant here. They aren't doing this; they don't have the power. The other part is equally as nonsensical. Listen, this is a $13 billion stimulus infrastructure bill. {time} 1820 This is what all of us have been asking for because it creates thousands of jobs, 20,000 direct union construction jobs. Now, the Laborers International Union of North America supports this bill. International Brotherhood of Teamsters, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States, the AFL-CIO International Union of Operating Engineers, the Pipeline Contractors Association. These are the people. It's the labor. It's the jobs that are going to be created here, and we're standing with the American people. Now, this other argument that we have been debating ad nauseam throughout the afternoon about bringing in 700,000 to 1.2 million barrels per day from Canada that is somehow going to raise prices at the pump. I'm sorry, I went through some economics. I don't see how adding supply, adding American jobs, making a reliable source of energy, and eliminating uncertainty is going to drive up costs. It doesn't make sense. Let's stand with the American people. Let's create 100,000 new jobs. Let's get America working. Let's get the prices down at the pump. Vote against this motion for reconsideration, and let's vote to put people back to work. I yield back the balance of my time. The SPEAKER pro tempore. Without objection, the previous question is ordered on the motion to recommit. There was no objection. The SPEAKER pro tempore. The question is on the motion to recommit. The question was taken; and the Speaker pro tempore announced that the noes appeared to have it. Recorded Vote Ms. SUTTON. Mr. Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes the minimum time for any electronic vote on the question of passage. The vote was taken by electronic device, and there were--ayes 181, noes 248, not voting 3, as follows: [Roll No. 649] AYES--181 Ackerman Altmire Andrews Baca Baldwin Barrow Bass (CA) Becerra Berkley Berman Bishop (GA) Bishop (NY) Blumenauer Boswell Brady (PA) Braley (IA) Brown (FL) Butterfield Capps Capuano Cardoza Carnahan Carney Carson (IN) Castor (FL) Chandler Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Cohen Connolly (VA) Conyers Costello Courtney Critz Crowley Cummings Davis (CA) Davis (IL) DeFazio DeGette DeLauro Deutch Dicks Dingell Doggett Doyle Edwards Ellison Engel Eshoo Farr Fattah Filner Frank (MA) Fudge Garamendi Green, Al Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heinrich Higgins Himes Hinojosa Hirono Hochul Holden Holt Honda Hoyer Inslee Israel Jackson (IL) Jackson Lee (TX) Johnson (GA) Johnson, E. B. Jones Kaptur Keating Kildee Kind Kucinich Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lewis (GA) Lipinski Loebsack Lofgren, Zoe Lowey Lujan Lynch Maloney Markey Matsui McCarthy (NY) McCollum McDermott McGovern McIntyre McNerney Meeks Michaud Miller (NC) Miller, George Moore Moran Murphy (CT) Nadler Napolitano Neal Olver Pallone Pascrell Pastor (AZ) Payne Pelosi Perlmutter Peters Peterson Pingree (ME) Polis Price (NC) Quigley Rahall Rangel Reyes Richardson Richmond Rothman (NJ) Roybal-Allard Ruppersberger Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schrader Schwartz Scott (VA) Scott, David Serrano Sewell Sherman Shuler Sires Slaughter Smith (WA) Speier Stark Sutton Thompson (CA) Thompson (MS) Tierney Tonko Towns Tsongas Van Hollen Velazquez Visclosky Walz (MN) Wasserman Schultz Waters Watt Waxman Welch Wilson (FL) Woolsey Wu Yarmuth NOES--248 Adams Aderholt Akin Alexander Amash Austria Bachus Barletta Bartlett Barton (TX) Bass (NH) Benishek Berg Biggert Bilbray Bilirakis Bishop (UT) Black Blackburn Bonner Bono Mack Boren Boustany Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burgess Burton (IN) Calvert Camp Campbell Canseco Cantor Capito Carter Cassidy Chabot Chaffetz Coble Coffman (CO) Cole Conaway Cooper Costa Cravaack Crawford Crenshaw Cuellar Culberson Davis (KY) Denham Dent DesJarlais Diaz-Balart Dold Donnelly (IN) Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fincher Fitzpatrick Flake Fleischmann Fleming Flores Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gallegly Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Gonzalez Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Green, Gene Griffin (AR) Griffith (VA) Grimm Guinta Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Hayworth Heck Hensarling Herger Herrera Beutler Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jordan Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kissell Kline Labrador Lamborn Lance Landry Lankford Latham LaTourette Latta Lewis (CA) LoBiondo Long Lucas Luetkemeyer Lummis Lungren, Daniel E. Mack Manzullo Marchant Marino Matheson McCarthy (CA) McCaul McClintock McCotter McHenry McKeon McKinley McMorris Rodgers Meehan Mica Miller (FL) Miller (MI) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes Nunnelee Olson Owens Palazzo Paul Paulsen Pearce Pence Petri Pitts Platts Poe (TX) Pompeo Posey Price (GA) Quayle Reed Rehberg Reichert Renacci Ribble Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (AR) Ross (FL) Royce Runyan Ryan (WI) Scalise Schilling Schmidt Schock Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Southerland Stearns Stivers Stutzman Sullivan Terry Thompson (PA) Thornberry Tiberi Tipton Turner Upton Walberg Walden Walsh (IL) Webster West Westmoreland Whitfield Wilson (SC) Wittman Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) NOT VOTING--3 Bachmann Giffords Hinchey {time} 1838 So the motion to recommit was rejected. The result of the vote was announced as above recorded. The SPEAKER pro tempore. The question is on the passage of the bill. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Recorded Vote Mr. REED. Mr. Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. This is a 5-minute vote. The vote was taken by electronic device, and there were--ayes 279, noes 147, answered ``present'' 1, not voting 5, as follows: [Roll No. 650] AYES--279 Ackerman Adams Aderholt Akin Alexander Altmire Austria Baca Bachus Barletta Barrow Bartlett Barton (TX) Benishek Berg Biggert Bilbray Bilirakis Bishop (GA) Bishop (UT) Black Blackburn Bonner Bono Mack Boren Boswell Boustany Brady (PA) Brady (TX) Brooks Broun (GA) Buchanan Bucshon Buerkle Burgess Burton (IN) Calvert Camp Campbell Canseco Cantor Capito Cardoza Cassidy Chabot Chaffetz Chandler Coble Coffman (CO) Cole Conaway Cooper Costa Costello Cravaack Crawford Crenshaw Critz Cuellar Culberson Davis (KY) Denham Dent DesJarlais Diaz-Balart Dingell Dold Donnelly (IN) Doyle [[Page H5539]] Dreier Duffy Duncan (SC) Duncan (TN) Ellmers Emerson Farenthold Fattah Fincher Fitzpatrick Flake Fleischmann Fleming Flores Forbes Foxx Franks (AZ) Frelinghuysen Gallegly Gardner Garrett Gerlach Gibbs Gibson Gingrey (GA) Gohmert Gonzalez Goodlatte Gosar Gowdy Granger Graves (GA) Graves (MO) Green, Al Green, Gene Griffin (AR) Griffith (VA) Grimm Guinta Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Heck Hensarling Herger Herrera Beutler Higgins Hinojosa Hochul Holden Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jackson Lee (TX) Jenkins Johnson (IL) Johnson (OH) Johnson, Sam Jones Jordan Kelly King (IA) King (NY) Kingston Kinzinger (IL) Kissell Kline Labrador Lamborn Lance Landry Lankford Latham LaTourette Latta Lewis (CA) Lipinski LoBiondo Long Lucas Luetkemeyer Lummis Lungren, Daniel E. Lynch Mack Manzullo Marchant Marino Matheson McCarthy (CA) McCarthy (NY) McCaul McClintock McCotter McHenry McIntyre McKeon McKinley McMorris Rodgers Meehan Mica Miller (FL) Miller (MI) Miller, Gary Mulvaney Murphy (PA) Myrick Neugebauer Noem Nugent Nunes Nunnelee Olson Owens Palazzo Pascrell Paul Paulsen Pearce Pence Perlmutter Peterson Petri Pitts Platts Poe (TX) Pompeo Posey Price (GA) Quayle Rahall Reed Rehberg Reichert Renacci Reyes Ribble Richardson Richmond Rigell Rivera Roby Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross (AR) Ross (FL) Royce Runyan Ruppersberger Ryan (WI) Scalise Schilling Schmidt Schock Schweikert Scott (SC) Scott, Austin Sensenbrenner Sessions Shimkus Shuler Shuster Simpson Sires Smith (NE) Smith (NJ) Smith (TX) Southerland Stearns Stivers Stutzman Sullivan Terry Thompson (MS) Thompson (PA) Thornberry Tiberi Tipton Turner Upton Visclosky Walberg Walden Webster West Westmoreland Whitfield Wilson (SC) Wittman Wolf Womack Woodall Yoder Young (AK) Young (FL) Young (IN) NOES--147 Andrews Baldwin Bass (CA) Bass (NH) Becerra Berkley Berman Bishop (NY) Blumenauer Braley (IA) Brown (FL) Butterfield Capps Capuano Carnahan Carney Carson (IN) Castor (FL) Chu Cicilline Clarke (MI) Clarke (NY) Clay Cleaver Clyburn Cohen Connolly (VA) Conyers Courtney Crowley Cummings Davis (CA) Davis (IL) DeFazio DeGette DeLauro Deutch Dicks Doggett Edwards Ellison Engel Eshoo Farr Filner Fortenberry Frank (MA) Fudge Garamendi Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Hayworth Heinrich Himes Hirono Holt Honda Hoyer Inslee Israel Jackson (IL) Johnson (GA) Johnson, E. B. Kaptur Keating Kildee Kind Kucinich Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lewis (GA) Loebsack Lofgren, Zoe Lowey Lujan Maloney Markey Matsui McCollum McDermott McGovern McNerney Meeks Michaud Miller (NC) Miller, George Moore Moran Murphy (CT) Nadler Napolitano Neal Olver Pallone Pastor (AZ) Payne Pelosi Peters Pingree (ME) Polis Price (NC) Quigley Rangel Rothman (NJ) Roybal-Allard Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schrader Schwartz Scott (VA) Scott, David Serrano Sewell Sherman Slaughter Smith (WA) Speier Stark Sutton Thompson (CA) Tierney Tonko Towns Tsongas Van Hollen Velazquez Walz (MN) Wasserman Schultz Waters Watt Waxman Welch Wilson (FL) Woolsey Wu Yarmuth ANSWERED ``PRESENT''--1 Amash NOT VOTING--5 Bachmann Carter Giffords Hinchey Walsh (IL) Announcement by the Speaker Pro Tempore The SPEAKER pro tempore (during the vote). There are 2 minutes remaining. {time} 1845 So the bill was passed. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. ____________________