[Congressional Record Volume 153, Number 77 (Thursday, May 10, 2007)]
[House]
[Pages H4766-H4772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SMALL BUSINESS FAIRNESS IN CONTRACTING ACT

  The SPEAKER pro tempore. Pursuant to House Resolution 383 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. 1873.

                              {time}  1050


                     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. 1873) to reauthorize the programs and activities of the 
Small Business Administration relating to procurement, and for other 
purposes, with Mr. Crowley (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose on 
Wednesday, May 9, 2007, amendment No. 8 printed in House Report 110-137 
by the gentlewoman from Texas (Ms. Jackson-Lee) had been disposed of.


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN. 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. 4, as modified, by Mr. Sestak of Pennsylvania.
  Amendment No. 2 by Mr. Shuler of North Carolina.
  Amendment No. 3 by Ms. Bean of Illinois.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.

[[Page H4767]]

          Amendment No. 4, as Modified, Offered by Mr. Sestak

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Pennsylvania (Mr. Sestak), as modified, on which further proceedings 
were postponed and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment, as modified, is as follows:

       Amendment No. 4, as modified, offered by Mr. Sestak:
       Strike section 101 and insert the following:

     SEC. 101. DEFINITIONS OF BUNDLING OF CONTRACT REQUIREMENTS 
                   AND RELATED TERMS.

       Section 3 of the Small Business Act (15 U.S.C. 632) is 
     amended by amending subsection (o) to read as follows:
       ``(o) Definitions of Bundling of Contract Requirements and 
     Related Terms.--For purposes of this Act:
       ``(1) Bundled contract.--
       ``(A) In general.--The term `bundled contract' means a 
     contract or order that is entered into to meet procurement 
     requirements that are consolidated in a bundling of contract 
     requirements, without regard to its designation by the 
     procuring agency or whether a study of the effects of the 
     solicitation on civilian or military personnel has been made.
       ``(B) Exceptions.--The term does not include--
       ``(i) a contract or order with an aggregate dollar value 
     below the dollar threshold specified in paragraph (4); or
       ``(ii) a contract or order that is entered into to meet 
     procurement requirements, all of which are exempted 
     requirements under paragraph (5).
       ``(2) Bundling of contract requirements.--
       ``(A) In general.--The term `bundling of contract 
     requirements' means the use of any bundling methodology to 
     satisfy 2 or more procurement requirements for goods or 
     services previously supplied or performed under separate 
     smaller contracts or orders, or to satisfy 2 or more 
     procurement requirements for construction services of a type 
     historically performed under separate smaller contracts or 
     orders, that is likely to be unsuitable for award to a small 
     business concern due to--
       ``(i) the diversity, size, or specialized nature of the 
     elements of the performance specified;
       ``(ii) the aggregate dollar value of the anticipated award;
       ``(iii) the geographical dispersion of the contract or 
     order performance sites; or
       ``(iv) any combination of the factors described in clauses 
     (i), (ii), and (iii).
       ``(B) Inclusion of new features or functions.--A 
     combination of contract requirements that would meet the 
     definition of a bundling of contract requirements but for the 
     addition of a procurement requirement with at least one new 
     good or service shall be considered to be a bundling of 
     contract requirements unless the new features or functions 
     substantially transform the goods or services and will 
     provide measurably substantial benefits to the government in 
     terms of quality, performance, or price.
       ``(C) Exceptions.--The term does not include--
       ``(i) the use of a bundling methodology for an anticipated 
     award with an aggregate dollar value below the dollar 
     threshold specified in paragraph (5); or
       ``(ii) the use of a bundling methodology to meet 
     procurement requirements, all of which are exempted 
     requirements under paragraph (6).
       ``(3) Bundling methodology.--The term `bundling 
     methodology' means--
       ``(A) a solicitation to obtain offers for a single contract 
     or order, or a multiple award contract or order; or
       ``(B) a solicitation of offers for the issuance of a task 
     or a delivery order under an existing single or multiple 
     award contract or order.
       ``(4) Separate smaller contract.--The term `separate 
     smaller contract', with respect to bundling of contract 
     requirements, means a contract or order that has been 
     performed by 1 or more small business concerns or was 
     suitable for award to 1 or more small business concerns.
       ``(5) Dollar threshold.--The term `dollar threshold' means 
     $65,000,000, if solely for construction services.
       ``(6) Exempted requirements.--The term `exempted 
     requirement' means a procurement requirement solely for items 
     that are not commercial items (as the term `commercial item' 
     is defined in section 4(12) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403(12)).
       ``(7) Procurement requirement.--The term `procurement 
     requirement' means a determination by an agency that a 
     specified good or service is needed to satisfy the mission of 
     the agency.''.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 423, 
noes 0, not voting 14, as follows:

                             [Roll No. 319]

                               AYES--423

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Jo Ann
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McNerney
     McNulty
     Meehan
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

[[Page H4768]]



                             NOT VOTING--14

     Bishop (UT)
     Brady (PA)
     Butterfield
     Engel
     Fattah
     Gingrey
     Johnson (IL)
     Jones (OH)
     Larson (CT)
     McMorris Rodgers
     Meek (FL)
     Rogers (AL)
     Souder
     Watson

                              {time}  1116

  Ms. WOOLSEY and Mr. McKEON changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. JOHNSON of Illinois. I was unavoidably detained. Had I been 
present, I would have voted ``aye.''


                 Amendment No. 2 Offered by Mr. Shuler

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from North 
Carolina (Mr. Shuler) on which further proceedings were postponed and 
on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Shuler:
       After section 201 insert the following (and redesignate 
     succeeding sections accordingly):

     SEC. 202. INCLUDE OVERSEAS CONTRACTS IN SMALL BUSINESS GOAL.

       Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) 
     is amended by adding at the end the following:
       ``(3) The procurement goals required by this subsection 
     apply to all procurement contracts, without regard to whether 
     the contract is for work within or outside the United 
     States.''.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 398, 
noes 29, not voting 10, as follows:

                             [Roll No. 320]

                               AYES--398

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Jo Ann
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Feeney
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McNerney
     McNulty
     Meehan
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--29

     Biggert
     Bilbray
     Blunt
     Brown-Waite, Ginny
     Burgess
     Cannon
     Cantor
     Conaway
     Davis, Tom
     Deal (GA)
     Doolittle
     Dreier
     Flake
     Foxx
     Gingrey
     Hensarling
     Lamborn
     Lungren, Daniel E.
     McHenry
     Myrick
     Petri
     Poe
     Price (GA)
     Royce
     Sali
     Sensenbrenner
     Shadegg
     Stearns
     Westmoreland

                             NOT VOTING--10

     Brady (PA)
     Engel
     Fattah
     Jones (NC)
     Larson (CT)
     McMorris Rodgers
     Meek (FL)
     Rogers (AL)
     Souder
     Watson


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised there are 
2 minutes left in the vote.

                              {time}  1126

  Mr. GINGREY changed his vote from ``aye'' to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                  Amendment No. 3 Offered by Ms. Bean

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Illinois 
(Ms. Bean) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Ms. Bean:
       Section 201(a), strike ``25 percent'' and insert ``30 
     percent''.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 371, 
noes 55, not voting 11, as follows:

                             [Roll No. 321]

                               AYES--371

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baker
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)

[[Page H4769]]


     Davis (IL)
     Davis, David
     Davis, Jo Ann
     Davis, Lincoln
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     English (PA)
     Eshoo
     Etheridge
     Everett
     Faleomavaega
     Fallin
     Farr
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fortuno
     Frank (MA)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McNerney
     McNulty
     Meehan
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Reyes
     Reynolds
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watt
     Weiner
     Welch (VT)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--55

     Akin
     Bachmann
     Barrett (SC)
     Barton (TX)
     Biggert
     Bilbray
     Blunt
     Boehner
     Brady (TX)
     Burgess
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Conaway
     Culberson
     Davis (KY)
     Davis, Tom
     Doolittle
     Dreier
     Feeney
     Flake
     Fossella
     Foxx
     Franks (AZ)
     Hall (TX)
     Hensarling
     Herger
     Hoekstra
     Lamborn
     Lungren, Daniel E.
     Mack
     Marchant
     McHenry
     Miller (FL)
     Myrick
     Neugebauer
     Nunes
     Pence
     Petri
     Poe
     Radanovich
     Renzi
     Royce
     Ryan (WI)
     Sensenbrenner
     Shadegg
     Stark
     Stearns
     Sullivan
     Tancredo
     Thornberry
     Walberg
     Waxman
     Weldon (FL)

                             NOT VOTING--11

     Bachus
     Brady (PA)
     Engel
     Fattah
     Larson (CT)
     Lewis (CA)
     McMorris Rodgers
     Meek (FL)
     Rogers (AL)
     Souder
     Watson


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised there are 
2 minutes remaining in this vote.

                              {time}  1134

  Mr. GINGREY changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Ms. BORDALLO. Mr. Chairman, I rise today in strong support of H.R. 
1873, the Small Business Fairness in Contracting Act. I commend my good 
friend from New York (Ms. Velazquez) the Chairwoman of the Committee on 
Small Business for her leadership on this important legislation, and 
our colleague from Iowa (Mr. Braley), the bill's sponsor, for his work 
in crafting this legislation.
  This legislation would amend the Small Business Act to, among other 
things, revise and add to Small Business Administration (SBA) 
requirements concerning contract bundling; increase the government-wide 
goal for participation by small businesses in federal procurement and 
service contracts; include overseas contracts in such goal; and require 
certain small businesses to annually recertify compliance with maximum 
small business size standards for eligibility for SBA-awarded contracts 
and subcontracts. These changes will make needed improvements to the 
contracting activities of federal departments and agencies with respect 
to America's small businesses.
  This legislation also contains provisions that would direct the SBA 
Administrator to develop and maintain a database to assist small 
businesses in marketing to large corporations that have not achieved 
their small business goals; contact registered small businesses 
regarding the likelihood of federal contracting opportunities; 
prescribe regulations governing SBA review of subcontracting plans; 
ensure that whenever a small business loses a protest over its size, a 
notification is placed adjacent to the listing for that business in the 
Central Contractor Registry (CCR); and ensure a biannual review of the 
CCR to purge businesses no longer considered small businesses. The SBA 
Administrator, as a result of this legislation, will be more able to 
advocate on behalf of and support America's small businesses.
  The federal marketplace today is worth upwards of $380 billion. That 
is, the federal government is the world's largest buyer of goods and 
services. Unfortunately, year after year, many federal agencies fall 
short of meeting mandated small business contracting goals. As a 
result, the numbers of and overall dollar amounts for contracts awarded 
to small businesses by departments and agencies of the federal 
government are not keeping pace with the overall growth of the federal 
marketplace. This legislation would go far toward addressing this 
disturbing trend.
  Small businesses constitute nearly ninety percent of the businesses 
in my district. Supporting them is a top priority for me. Small 
businesses are the engine of America's economy, representing roughly 
ninety-nine percent of all employers, creating half of our gross 
domestic product, and creating up to eighty percent of the new jobs 
today.
  Of particular importance to me, my constituents, and Guam's business 
community is Department of Defense small business contracting 
performance. The Department of Defense controls approximately seventy 
percent of the federal government's contracting dollars. But it 
controls the vast majority of the federal marketplace in my district, 
Guam. The amount of contracts issued by the Department of Defense for 
work on Guam will increase significantly in the years ahead as a result 
of the planned increase in the military presence on the island.
  Ensuring that small businesses are prepared to and can successfully 
compete for contracts awarded by the Department of Defense is of 
particular importance to me. This is why I was very concerned last year 
when the Committee on Small Business issued its Scorecard VII Report. 
This report detailed federal government performance toward meeting 
small business contracting goals and found that approximately $8 
billion of Department of Defense contracting money reported as going to 
small businesses was, in fact, provided to large businesses. I was 
further concerned to learn from that report the Department of Defense 
from 2004 to 2005 has reduced its small business contract actions by 
sixty-five percent, despite the department having experienced a 
thirteen percent increase in total volume of contracts during the same 
period of time. I am particularly encouraged by the provisions 
contained in this bill that provide small businesses a better 
opportunity to compete for government contracts by making it harder for 
government agencies to bundle contracts into billion dollar super-
contracts. This will put small businesses on a more level playing field 
with large corporations.
  Nothing in this bill would change the fact that America's small 
business owners and operators must remain the hardworking innovators 
that they are and that they always have been in order for them to 
remain competitive and successful in the modem economy. This is 
particularly the case on Guam. Guam's small businesses will have to 
compete with bigger and better resourced companies that have 
significant capacity and that want to do business on Guam in support of 
the planned military build-up. The pace of business on Guam will 
increase significantly. Guam's small firms need to prepare today to be 
ready to succeed in a more competitive environment. To do this, I 
continue to encourage Guam's small business owners and operators to, 
among other things, identify what their business does well today; what 
it can do better tomorrow; and what it can do better than others over 
the course of the military build-up on Guam.

[[Page H4770]]

  But this much is true: America's small businesses deserve fairer 
treatment in the federal marketplace than they currently receive. This 
is why I support H.R. 1873. It is a bipartisan measure that represents 
a vital step toward leveling the playing field for America's twenty-six 
million small businesses. In doing so, H.R. 1873 will help improve 
America's economy. Moreover, this legislation is critical toward 
improving the accountability in government contracting to America's 
small businesses. I urge my colleagues support for this bill.
  The Acting CHAIRMAN. The question is on the committee amendment in 
the nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The Acting CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
McNulty) having assumed the chair, Mr. Crowley, Acting Chairman 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. 1873) to 
reauthorize the programs and activities of the Small Business 
Administration relating to procurement, and for other purposes, 
pursuant to House Resolution 383, he reported the bill back to the 
House with an amendment 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 to the amendment 
reported from the Committee of the Whole? If not, the question is on 
the amendment.
  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 Offered by Mr. English of Pennsylvania

  Mr. ENGLISH of Pennsylvania. Mr. Speaker, I offer a motion to 
recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. ENGLISH of Pennsylvania. I am in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. English of Pennsylvania moves to recommit the bill, 
     H.R. 1873, to the Committee on Small Business, with 
     instructions to report back the same forthwith with the 
     following amendment:
       In section 201, add at the end the following:
       (c) Economically Disadvantaged Businesses.--For purposes of 
     section 15(g) of that Act, the Administrator shall consider 
     to be economically disadvantaged any small business concern 
     that can demonstrate it is adversely affected by expiring tax 
     incentives, and other modifications to the Internal Revenue 
     Code of 1986 which could result in small business tax 
     increases, including but not limited to the 2006 expiration 
     of the increased exemption amount under the alternative 
     minimum tax for taxpayers other than corporations, the 2010 
     expiration of section 179 of the Internal Revenue Code of 
     1986 (regarding the ability of small businesses to deduct 
     business expenses), the 2011 expiration of related capital 
     gains, dividends, and death taxes, and the 2011 increase in 
     all marginal income tax rates.

  The SPEAKER pro tempore. The gentleman from Pennsylvania is 
recognized for 5 minutes.
  Mr. ENGLISH of Pennsylvania. Mr. Speaker, the motion to commit is 
very simple and self-explanatory, but at the same time, it is also very 
timely. It comes at a time when there are legitimate and growing 
concerns about the pending change in tax policy in America and how it 
might affect the most dynamic sector of the American economy, and that 
is, after all, small business.
  We know that literally 80 percent of the small businesses, 80 percent 
of the jobs that are created in the economy in America are created in 
small business, as has been defined under statute. We are anticipating 
that as this body moves forward and has passed a budget from the 
majority that implies the largest tax increase in American history, 
implies the phaseout of tax policies that have grown the economy since 
2001, implies that in order to deal with the pending challenge of the 
AMT, that there is going to be a massive increase in personal rates, 
particularly at the high end, that affects subchapter S small 
businesses.
  We think that it is very important now to require the SBA 
administrator, under this motion, to consider small businesses as 
economically disadvantaged if they demonstrate an adverse impact due to 
the expiration of this tax relief. After all, who in this body could 
possibly be against accounting for and recognizing through an SBA 
designation the impact on such a vital portion of our economy before 
haphazardly increasing taxes through what we anticipate is going to be 
the father of all tax increases. This is, I think, a huge challenge for 
us, and it is a challenge which we should adjust this program to 
acknowledge.
  I am concerned that if we see a change in our tax policies on this 
scale, that it is going to have a huge impact on small businesses in 
districts like mine. For example, the potential change in tax policy 
could dramatically downsize the section 179 small business expensing 
provision. This allows small businesses to immediately expense critical 
capital investment, allowing them to remain competitive in the global 
economy, allowing them to put money back into the their hands, back 
into their production line, back into the hands of small business, an 
immediate write-off that demonstrably creates jobs right here in 
America.
  Without the help of section 179, many of our small businesses are at 
an enormous competitive disadvantage. Section 179 was once described to 
me by an economist as one of the most progrowth features currently in 
the Tax Code. The notion that we would allow it to lapse to its 
previous level is particularly troubling and I think requires us to 
prepare the SBA for the impact that these tax policy changes could 
have.
  All this motion to recommit is seeking to do is to give small 
businesses a tool to enhance their success in the marketplace, despite 
the potential for being hammered by a Brobdingnagian set of tax 
increases required by the budget that we are going to be facing.
  By offering this motion to recommit, we feel that the underlying bill 
ought to also lay before Congress a way to determine whether or not the 
tax increases that will be proposed by this budget will move small 
business backwards and also provide for a tool, but in a very small 
way, to counteract that. Every Member of this body should join me in 
supporting this motion to recommit if they care about the future 
ability of small businesses in their districts to grow, to survive, to 
compete and add new jobs.
  I urge the adoption of this motion.
  Mr. Speaker, I yield back the balance of my time.
  Ms. VELAZQUEZ. Mr. Speaker, I rise in opposition to this motion.
  The SPEAKER pro tempore. The gentlewoman from New York is recognized 
for 5 minutes.
  Ms. VELAZQUEZ. I would just like to say to the gentleman from 
Pennsylvania that I am a little confused, because if he cares so much 
about extending section 179, where was he last week when we voted to 
override the veto of the President where section 179 was part of it?
  Further, the gentleman from Pennsylvania seems to me that he is going 
to vote against his own motion.

                              {time}  1145

  Let me just say that this bill is not about taxes. What I can tell 
you that I am glad to say, that this new Congress is committed to 
meeting the needs of the entrepreneurs. This Congress just sent a bill 
to the President cutting taxes for small businesses. While the 
President passed a bill for tax breaks for large companies, the 
President just vetoed the one that helped small businesses, like 
section 179; not only extending section 179, but expanding section 179. 
Republicans passed $2 trillion in tax cuts, yet small business 
priorities were never taken care of.
  This motion is not about small businesses and taxes. Entrepreneurs 
have seen the record on that issue from Republicans. It is about 
ensuring small businesses are not shut out of the Federal contracts. I 
ask a ``no'' vote on this motion to recommit.
  Mr. Speaker, 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.

[[Page H4771]]

  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. ENGLISH of Pennsylvania. 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 the passage of the bill.
  The vote was taken by electronic device, and there were--ayes 209, 
noes 216, not voting 8, as follows:

                             [Roll No. 322]

                               AYES--209

     Aderholt
     Akin
     Alexander
     Bachmann
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Davis (KY)
     Davis, David
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hill
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Space
     Stearns
     Sullivan
     Tancredo
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--216

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Eshoo
     Etheridge
     Farr
     Filner
     Frank (MA)
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                             NOT VOTING--8

     Bachus
     Brady (PA)
     Engel
     Fattah
     Larson (CT)
     McMorris Rodgers
     Souder
     Watson


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised that 
there are 2 minutes remaining to vote.

                              {time}  1205

  Messrs. SALAZAR, SKELTON, COHEN and ALTMIRE changed their vote from 
``aye'' to ``no.''
  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

  Ms. VELAZQUEZ. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 409, 
noes 13, not voting 10, as follows:

                             [Roll No. 323]

                               AYES--409

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Jo Ann
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Feeney
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McNerney

[[Page H4772]]


     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--13

     Campbell (CA)
     Flake
     Hensarling
     Lamborn
     Lungren, Daniel E.
     McCollum (MN)
     McHenry
     Miller, George
     Royce
     Sali
     Sensenbrenner
     Shadegg
     Whitfield

                             NOT VOTING--10

     Bachus
     Brady (PA)
     Brown, Corrine
     Cardoza
     Engel
     Fattah
     Larson (CT)
     McMorris Rodgers
     Souder
     Watson


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised that 
there are 2 minutes remaining to vote.

                              {time}  1215

  Mr. ENGLISH of Pennsylvania changed his vote from ``no'' to ``aye.''
  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:
  Mr. CARDOZA. Mr. Chairman, on rollcall No. 323, I inserted by vote 
card but was not recorded. My intention was to vote ``yes.'' Had I been 
present, I would have voted ``aye.''

                          ____________________