Congressional Record, Volume 153 Issue 173 (Thursday, November 8, 2007)

[Congressional Record Volume 153, Number 173 (Thursday, November 8, 2007)]
[House]
[Pages H13358-H13370]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

HOMEOWNERS DEFENSE ACT OF 2007

The Committee resumed its sitting.

Amendment No. 12 Offered By Ms. Ginny Brown-Waite of Florida

Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 12 Offered by Ms. Ginny Brown-Waite of
Florida:
Page 22, line 11, strike ``and''.
Page 22, after line 17 insert the following new
subparagraph:
(F) prohibit price gouging in any disaster area located
within the State; and
Page 24, after line 3 insert the following new paragraph:
(3) Price gouging.--The term ``price gouging'' means the
providing of any consumer good or service by a supplier
related to repair or restoration of property damaged from a
catastrophe for a price that the supplier knows or has reason
to know is greater, by at least the percentage set forth in a
State law or regulation prohibiting such act (not
withstanding any real cost increase due to any attendant
business risk and other reasonable expenses that result from
the major catastrophe involved), than the price charged by
the supplier for such consumer good or service immediately
before the disaster.
Page 24, line 4, redesignate paragraph (3) as paragraph
(4).
Page 24, line 8, redesignate paragraph (4) as paragraph
(5).
Page 24, line 10, redesignate paragraph (5) as paragraph
(6).

The Acting CHAIRMAN. The gentlewoman is recognized for 5 minutes.
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, for too long,
Congress has taken a reserved and reactionary approach to helping
victims of disasters. For too long, Members have fallen back on a naive
notion that a national plan would only put taxpayers at risk. We have
refused to admit that in the event of a natural disaster, we either pay
now or we pay later, and paying later is a whole lot more expensive.
Please consider this: in 2005 the insurance industry, not the
taxpayers, paid out $61.2 billion for the 24 disasters that occurred
that year; $40 billion of that went to the insured losses of Hurricane
Katrina. That same year, Congress, using taxpayer dollars, awarded over
$89 billion in post-disaster assistance, $89 billion that will never be
recouped, that came from hardworking constituents from Illinois, for
example, from my colleague who offered the amendment before, from West
Virginia, from the State of the lady who is handling the bill on this
side. Unless these constituents were directly affected by these events,
they will never see a return of those dollars that the Federal
Government provided. What is the lesson here? When Congress pays later,
it's with taxpayer money that's never paid back.
For the first time, this bill and the manager's amendment provide a
national plan to protect against losses. H.R. 3355 provides incentives
to States to join a national consortium to issue catastrophic bonds.
These bonds act as an alternative to costly reinsurance. It also
provides some loans to the States that take the time to plan for their
insured needs.
The amendment that we have at the desk today also relates to when a
natural disaster strikes. How many natural disasters have we heard
about, whether it's a tremendous snowstorm in the Northeast, whether
it's a hurricane, whether it's an earthquake in California, where price
gouging takes effect?
My amendment says, in order to qualify for the loans and Federal
catastrophe fund under the bill, the various States would have to
establish anti-price gouging laws for post-event materials, that's
goods and materials that people need after a catastrophe. The amendment
defines price-gouging as a supplier charging a price he knows is
greater post-event than he charged pre-event, notwithstanding any
reasonable business increases.
Certainly, this kind of an amendment would help stem the double-
whammy of a natural disaster. You might, for example, have your home
damaged, and then when someone comes in to put a blue tarp on the roof,
the price is outrageous, or even the delivery of goods and services
after such a disaster. We need to protect homeowners from people who
would rip them off, people who are simply trying to rebuild their lives
after such an event.
I urge the Members to support the anti-price gouging amendment that
is before us today.
Mr. Chairman, I yield back the balance of my time.

Amendment Offered by Mr. Klein of Florida to the Amendment Offered by
Ms. Ginny Brown-Waite of Florida

Mr. KLEIN of Florida. Mr. Chairman, I offer an amendment to the
amendment.
The Acting CHAIRMAN. The Clerk will report the amendment.
The Clerk read as follows:

Amendment offered by Mr. Klein of Florida to the amendment
offered by Ms. Ginny Brown-Waite of Florida:
In the matter proposed to be inserted at page 22, after
line 17, strike ``prohibit'' and insert ``discourage''.

The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KLEIN of Florida. Thank you, Mr. Chairman, and I would like to
thank the gentlelady from Florida on this work on price-gouging. She
and I served in the legislature in Florida and worked together with
many others on price-gouging legislation. I don't think anybody can
condone any kind of price-gouging in a natural disaster or at any other
time, but certainly in a time of a natural disaster.
What the amendment to the amendment does is it provides some flexible
language in the implementation of this. It certainly is something that
we want to encourage States to move forward on as part of their
eligibility, but recognizing we also want to make sure we're not
creating impediments in terms of many States getting involved in the
natural disaster consortium as quickly as possible.
So I am in full support of this flexibility language, and that's
exactly what the amendment does.
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I move to strike the
last word.
The Acting CHAIRMAN. The gentlewoman is recognized for 5 minutes.
Ms. GINNY BROWN-WAITE of Florida. The gentleman from Florida, with
whom I have worked so closely on this issue, and I obviously disagree.
We disagree because I would like to have this as absolutely a mandatory
part of participation, and he would prefer to have it as a suggestion.
I still believe that we need to make this mandatory. It's like, you
know, somebody once said, the Ten Commandments are now a suggestion,
they're not commandments. I don't want to just suggest it; I want to
make sure that the price-gouging language is strong so that we do
protect people at that time of a natural disaster.
Most States do have good price-gouging laws already on the books. I'm
not very happy with the term ``encourage.'' I think we need to mandate
this as part of the process.
Mr. Chairman, I yield back the balance of my time.
Mr. MAHONEY of Florida. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. MAHONEY of Florida. I appreciate the work the gentlelady from
Florida has done on helping us do this bill. And I agree with her that
I am also concerned, and we are concerned in this legislation about
price-gouging.
Again, the issue is what's the role of the Federal Government with
regard to this legislation? And the problem that we have with her
amendment is that what she is proposing is to define for each State the
definition of price-gouging. And while we accept and support the idea
of encouraging legislation, the problem is when you take the next step
and you start defining what price-gouging is, it's a relative standard
that may or may not fit the circumstance; and, so, therefore, it may

[[Page H13359]]

be too low or it may be too high. So what we would prefer to do is we
would prefer to let the experts who are running the program make the
determination and make sure that what we're not doing is we're not
putting and dictating to the States what they should or should not be
doing with regards to that.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Klein) to the amendment offered by the
gentlewoman from Florida (Ms. Ginny Brown-Waite).
The amendment to the amendment was agreed to.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Ginny Brown-Waite), as amended.
The amendment, as amended, was agreed to.

Amendment No. 15 Offered By Mr. Putnam

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

Amendment No. 15 offered by Mr. Putnam:
Page 14, line 9, strike ``and''.
Page 14, line 14, after the semicolon insert ``; and''.
Page 14, after line 14, insert the following new
subparagraph:
(C) the State or regional reinsurance program enters into
an agreement with the Secretary, as the Secretary shall
require, that the State will not use Federal funds of any
kind or from any Federal source (including any disaster or
other financial assistance, loan proceeds, and any other
assistance or subsidy) to repay the loan;
Page 20, line 12, after the period insert the following:
``The Secretary may not accept any repayment of any loan made
under this title that does not comply with the agreement for
such loan entered into in accordance with section
202(b)(1)(C).''.

The Acting CHAIRMAN. The gentleman from Florida is recognized for 5
minutes.
Mr. PUTNAM. Mr. Chairman, it's good to be here joining my Florida
colleagues on an issue of such great importance not only to the State
of Florida, but to the whole country.
As we discussed during committee, I believe there is a role for a
public-private partnership in managing risk. Whether it's a hurricane
on the gulf coast, an earthquake or wildfire in California, tornadoes
across the central plains, the truth of the matter is any catastrophe
is a terrible experience for a State, a business, or certainly a family
to endure.
But we're not here to just talk about any catastrophe. We're here to
talk about mega-catastrophes, or mega-disasters, the kind of the scale
and the scope that displace entire towns, entire regions for months, if
not years.
This amendment, in my view, offers a commonsense protection for the
taxpayers who are not affected by that particular disaster in holding
participating States accountable for any liquidity or catastrophic
loans that they may be eligible to receive should they experience this
type of disaster that the private marketplace cannot cover, in which
case they may seek this temporary financial assistance.
The amendment says that as a condition for a State to receive a loan,
it is required to agree not to repay with Federal funds, and the
Secretary of the Treasury has to enforce that agreement. If a State
qualifies for a loan and then proceeds to get a liquidity or a
catastrophic loan, they have to pay it back with State funds. They
can't transfer Federal disaster money and then use that as a way of
repaying what the Feds have given them. That is, essentially, double
dipping.

{time} 1730

I believe this amendment goes a long way to ensure that a State uses
caution when entering into a loan for which that State is solely
responsible for repayment.
Let me state clearly that this legislation we are debating is not
meant to, nor should it ever, alleviate a State of its fiduciary
responsibilities, nor should it replace the private marketplace.
Rather, it is meant to assist in those times of extreme damage and ruin
when a State or the private market cannot meet the State's or region's
capacity. I encourage any State that decides to participate in the
consortium or has a qualified reinsurance program to work beyond the
bill's scope and promote greater mitigation, actuarially sound rates,
and fiscal responsibility.
I recognize that some of my colleagues have concerns about this, but
I believe we are all trying to find the right balance. I believe that
the sponsors of this have done their very best to find that right
balance and move this public policy forward to the House floor, and I
appreciate that. One of the things that make our country great is the
way we all rise to the occasion in solidarity with our fellow citizens
who are suffering when a major disaster strikes. Rather than expect the
Federal Government to save a State from all such liability, we should
be encouraging those located in, high-risk, catastrophic areas to be
better prepared for the inevitable. This legislation takes an important
step forward toward that, and instead of expecting the Federal
Government to take on that entire responsibility, we are working
towards that partnership that allows for States to voluntarily
participate in the program and finally bring them to the table as a
true stakeholder.
Mr. Chairman, I yield back.
Mr. MAHONEY of Florida. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. MAHONEY of Florida. I want to make the comment that I am in full
support of my friend from Florida, and as I have had the opportunity to
work with him more and more, I always appreciate his wisdom in terms of
making things better, and in this particular case the concept of making
sure that Federal dollars are not being used to pay back Federal loans
is a lot wisdom, and as such, I applaud him. I appreciate his work with
us on this piece of legislation.
Mr. Chairman, I urge my colleagues to support his amendment.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Putnam).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. PUTNAM. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Florida will
be postponed.

Amendment No. 5 Offered by Mr. Shays

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

Amendment No. 5 offered by Mr. Shays:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Commission
on Natural Catastrophe Risk Management and Insurance Act of
2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment.
Sec. 4. Membership.
Sec. 5. Duties of the Commission.
Sec. 6. Timing.
Sec. 7. Powers of the Commission.
Sec. 8. Commission personnel matters.
Sec. 9. Termination.
Sec. 10. Authorization of appropriations.

SEC. 2. FINDINGS.

The Congress finds that--
(1) catastrophic hazards, including tornadoes, earthquakes,
volcanoes, landslides, tsunamis, flooding, and hurricanes,
directly affect hundreds of millions of people each year;
(2) during the 1990s, 2,800 natural disasters killed more
than 500,000 people and directly affected 1,300,000,000
people worldwide;
(3) property damage from natural catastrophes has
dramatically increased in recent decades, roughly doubling
every seven years--a 14-fold increase over the past 40 years;
(4) risk costs have particularly soared in coastal areas,
where hurricane frequency and severity has significantly
increased, along with home values and building costs;
(5) increased risk costs are being reflected in increased
catastrophe insurance and reinsurance costs;
(6) an inefficient legal and regulatory environment in some
States has further exacerbated insurance cost increases,
including through ineffective price controls, restrictions on
capital movement, sub-optimal solvency regulation, and
duplicative or unnecessary regulation;
(7) consumers further suffer from temporary rate and
availability volatility after

[[Page H13360]]

major catastrophes while the marketplace adjusts to the
losses;
(8) government catastrophe mitigation requirements have
been sub-optimal, sometimes ineffective, and uncoordinated;
(9) some State efforts to reduce insurance prices in
catastrophe-prone areas have sometimes reduced long-term
availability and competitive affordability of coverage, as
well as subsidized excessive development in environmentally
sensitive areas at the expense of taxpayers;
(10) several proposals have been introduced in the Congress
to address the affordability of natural catastrophe
insurance, but there is little consensus on the appropriate
role of the Federal Government in facilitating the private
insurance marketplace while avoiding cross-subsidies; and
(11) therefore, an efficient and effective approach to
assessing natural catastrophe risk management and insurance
is to establish a nonpartisan commission to study the
management of natural catastrophe risk, and to require such
commission to report to the Congress on its findings before
the next hurricane season begins.

SEC. 3. ESTABLISHMENT.

There is established a nonpartisan Commission on Natural
Catastrophe Risk Management and Insurance (in this Act
referred to as the ``Commission'').

SEC. 4. MEMBERSHIP.

(a) Appointment.--The Commission shall be composed of 16
members, of whom--
(1) 2 members shall be appointed by the Majority Leader of
the Senate;
(2) 2 members shall be appointed by the Minority Leader of
the Senate;
(3) 2 members shall be appointed by the Speaker of the
House of Representatives;
(4) 2 members shall be appointed by the Minority Leader of
the House of Representatives;
(5) 2 members shall be appointed by the Chairman of the
Committee on Banking, Housing, and Urban Affairs of the
Senate;
(6) 2 members shall be appointed by the Ranking Member of
the Committee on Banking, Housing, and Urban Affairs of the
Senate;
(7) 2 members shall be appointed by the Chairman of the
Committee on Financial Services of the House of
Representatives; and
(8) 2 members shall be appointed by the Ranking Member of
the Committee on Financial Services of the House of
Representatives.
(b) Qualification of Members.--
(1) In general.--Members of the Commission shall be
appointed under subsection (a) from among persons who--
(A) have expertise in insurance, reinsurance, insurance
regulation, policyholder concerns, emergency management, risk
management, public finance, financial markets, actuarial
analysis, flood mapping and planning, structural engineering,
building standards, land use planning, natural catastrophes,
meteorology, seismology, environmental issues, or other
pertinent qualifications or experience; and
(B) are not officers or employees of the United States
Government or of any State government.
(2) Diversity.--In making appointments to the Commission--
(A) every effort shall be made to ensure that the members
are representative of a broad cross section of perspectives
within the United States; and
(B) each member of Congress described in subsection (a)
shall appoint not more than 1 person from any single primary
area of expertise described in paragraph (1)(A) of this
subsection.
(c) Period of Appointment.--
(1) In general.--Each member of the Commission shall be
appointed for the duration of the Commission.
(2) Vacancies.--A vacancy on the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(d) Quorum.--
(1) Majority.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number, as determined
by the Commission, may hold hearings.
(2) Approval actions.--All recommendations and reports of
the Commission required by this Act shall be approved only by
a two-thirds vote of all of the members of the Commission.
(e) Chairperson.--The Commission shall, by majority vote of
all of the members, select 1 member to serve as the
Chairperson of the Commission (in this Act referred to as the
``Chairperson'').
(f) Meetings.--The Commission shall meet at the call of its
Chairperson or a majority of the members.

SEC. 5. DUTIES OF THE COMMISSION.

The Commission shall examine and report to the Congress on
the natural catastrophe insurance marketplace, including the
extent to which insurance costs and availability are affected
by the factors described in section 2, which factors the
Federal Government can and should address to increase
catastrophe insurance availability and competitiveness, and
which actions the Federal Government can undertake to achieve
this goal without requiring a long-term cross-subsidy from
the taxpayers. In developing its report, the Commission shall
consider--
(1) the current condition of, as well as the outlook for,
the availability and affordability of insurance and
reinsurance for natural catastrophes in all regions of the
United States;
(2) the current ability of States, communities, and
individuals to mitigate their natural catastrophe risks,
including the affordability and feasibility of such
activities;
(3) the impact of Federal and State laws, regulations, and
policies (including rate regulation, market access
requirements, reinsurance regulations, accounting and tax
policies, State residual markets, and State catastrophe
funds) on--
(A) the affordability and availability of catastrophe
insurance;
(B) the ability of the private insurance market to cover
losses inflicted by natural catastrophes;
(C) the commercial and residential development of high-risk
areas; and
(D) the costs of natural catastrophes to Federal and State
taxpayers;
(4) the benefits and costs of--
(A) a national, regional, or other pooling mechanism
designed to provide adequate insurance coverage and increased
underwriting capacity to insurers and reinsurers, including
private-public partnerships to increase insurance capacity in
constrained markets, including proposed Federal natural
catastrophe insurance programs (specifically addressing the
costs to taxpayers, tax equity considerations, and the record
of other government insurance programs, particularly with
regard to charging actuarially sound prices);
(B) improving Federal and State tax policy to allow
insurers or individuals to set aside catastrophe reserves;
(C) directing existing Federal agencies to begin selling
catastrophe insurance to individuals;
(D) creating a consortium of Federal and State officials to
facilitate state catastrophe bonds and reinsurance purchasing
as well as providing temporary Federal disaster loans to the
States for insurance purposes;
(E) expanding the Liability Risk Retention Act of 1986 to
allow businesses to pool together to buy insurance and set up
their own insurance funds;
(F) providing temporary Federal assistance to low-income
individual homeowners whose catastrophe insurance rates have
increased beyond a certain level after a major disaster, with
the possibility that the assistance would be repaid upon sale
of the underlying home;
(H) providing for limited Federal development and oversight
of the sale of catastrophe insurance in high-risk areas
during periods of relative unavailability; and
(I) facilitating further growth of the catastrophe bond
marketplace and other competitive alternatives to the
traditional insurance and reinsurance marketplace;
(5) the present and long-term financial condition of State
residual markets and catastrophe funds in high-risk regions,
including the likelihood of insolvency following a natural
catastrophe, the concentration of risks within such funds,
the reliance on post-event assessments and State funding, the
adequacy of rates, and the degree to which such entities have
been actuarially solvent in comparison to comparably sized
private insurers;
(6) the need for strengthened land use regulations and
building codes in States at high risk for natural
catastrophes, and methods to strengthen the risk assessment
and enforcement of structural mitigation and vulnerability
reduction measures, such as zoning and building code
compliance;
(7) the ability of the private insurance market in the
United States--
(A) to cover insured losses caused by natural catastrophes,
including an estimate of the maximum amount of insured losses
that could be sustained during a single year and the
probability of natural catastrophes occurring in a single
year that would inflict more insured losses than the United
States insurance and reinsurance markets could sustain; and
(B) to recover after covering substantial insured losses
caused by natural catastrophes;
(8) the impact that demographic trends could have on the
amount of insured losses inflicted by future natural
catastrophes;
(9) the appropriate role, if any, for the Federal
Government in stabilizing the property and casualty insurance
and reinsurance markets; and
(10) the role of the Federal, State, and local governments
in providing incentives for feasible risk mitigation efforts.

SEC. 6. TIMING.

Before the beginning of the 2008 hurricane season, which
for purposes of this section shall be considered to be June
1, 2008, the Commission shall submit to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a final report containing--
(1) a detailed statement of the findings and assessments
conducted by the Commission pursuant to section 5; and
(2) specific and detailed recommendations for legislative,
regulatory, administrative, or other actions at the Federal,
State, or local levels that the Commission considers
appropriate, in accordance with the requirements of section
5.

SEC. 7. POWERS OF THE COMMISSION.

(a) Meetings; Hearings.--The Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers necessary to carry out the purposes of this Act.
Members may attend meetings of the Commission and vote in
person,

[[Page H13361]]

via telephone conference, or via video conference.
(b) Authority of Members or Agents of the Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take by this Act.
(c) Obtaining Official Data.--
(1) Authority.--Notwithstanding any provision of section
552a of title 5, United States Code, the Commission may
secure directly from any department or agency of the United
States any information necessary to enable the Commission to
carry out this Act.
(2) Procedure.--Upon request of the Chairperson, the head
of such department or agency shall furnish to the Commission
the information requested.
(d) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(e) Administrative Support Services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, any
administrative support services necessary for the Commission
to carry out its responsibilities under this Act.
(f) Acceptance of Gifts.--The Commission may accept, hold,
administer, and utilize gifts, donations, and bequests of
property, both real and personal, for the purposes of aiding
or facilitating the work of the Commission. The Commission
shall issue internal guidelines governing the receipt of
donations of services or property.
(g) Volunteer Services.--Notwithstanding the provisions of
section 1342 of title 31, United States Code, the Commission
may accept and utilize the services of volunteers serving
without compensation. The Commission may reimburse such
volunteers for local travel and office supplies, and for
other travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code.
(h) Federal Property and Administrative Services Act of
1949.--Subject to the Federal Property and Administrative
Services Act of 1949, the Commission may enter into contracts
with Federal and State agencies, private firms, institutions,
and individuals for the conduct of activities necessary to
the discharge of its duties and responsibilities.
(i) Limitation on Contracts.--A contract or other legal
agreement entered into by the Commission may not extend
beyond the date of the termination of the Commission.

SEC. 8. COMMISSION PERSONNEL MATTERS.

(a) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(b) Subcommittees.--The Commission may establish
subcommittees and appoint members of the Commission to such
subcommittees as the Commission considers appropriate.
(c) Staff.--Subject to such policies as the Commission may
prescribe, the Chairperson may appoint and fix the pay of
such additional personnel as the Chairperson considers
appropriate to carry out the duties of the Commission. The
Commission shall confirm the appointment of the executive
director by majority vote of all of the members of the
Commission.
(d) Applicability of Certain Civil Service Laws.--Staff of
the Commission may be--
(1) appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service; and
(2) paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the
annual rate of basic pay prescribed for GS-15 of the General
Schedule under section 5332 of that title.
(e) Experts and Consultants.--In carrying out its
objectives, the Commission may procure temporary and
intermittent services of consultants and experts under
section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for GS-15 of the General
Schedule under section 5332 of that title.
(f) Detail of Government Employees.--Upon request of the
Chairperson, any Federal Government employee may be detailed
to the Commission to assist in carrying out the duties of the
Commission--
(1) on a reimbursable basis; and
(2) such detail shall be without interruption or loss of
civil service status or privilege.

SEC. 9. TERMINATION.

The Commission shall terminate 90 days after the date on
which the Commission submits its report under section 6.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Commission,
such sums as may be necessary to carry out this Act, to
remain available until expended.

The Acting CHAIRMAN. The gentleman from Connecticut is recognized for
5 minutes.
Mr. SHAYS. Mr. Chairman, this amendment would strike the text of the
bill in favor of creating a blue ribbon commission to develop a full
array of policy options that Congress could pursue to address the
concerns of insurance affordability and availability in disaster-prone
areas of our country.
I introduced this language as a freestanding bill on a bipartisan
basis with my colleague from Oregon (Mr. Blumenauer). It would bring
together 16 of the country's leading experts on catastrophe-related
issues who would be tasked with studying the issue in depth, gathering
information from a host of constituencies affected by natural disasters
and then reporting back to Congress with specific and detailed
recommendations for legislative, regulatory, administrative or other
actions to improve the natural catastrophe insurance marketplace.
The idea of this commission was originated by the chairman of the
Senate Banking Committee, the senior Senator from Connecticut, Senator
Christopher Dodd. Just before the August recess, Senate Banking
Committee reported a bill out of committee unanimously creating the
Commission, and I hope it will be considered on the Senate floor soon.
I would like to highlight a few of the duties we will task the
committee with examining. The full list of duties is found on page 7 of
my amendment in section 5.
We will ask the Commission to consider the current condition of, as
well as the outlook for, the availability and affordability of
insurance and reinsurance for natural catastrophes in all regions of
the United States not just in some; the current ability of States,
communities and individuals to mitigate their natural catastrophe
risks, including the affordability and feasibility of such activities;
the benefits and costs of a national, regional or other pooling
mechanism designed to provide adequate insurance coverage and increase
the underwriting capacity to insurers and reinsurers; the need for
strengthening land use regulations and building codes in States at high
risk for natural catastrophes; and the appropriate role, if any, for
the Federal Government in stabilizing the property and casualty
insurance and reinsurance markets and the role of the Federal, State
and local governments in providing incentives for feasibility risk
mitigation efforts.
We have heard a host of arguments already today on the merits and
drawbacks of the underlying bill proposed by my colleague from Florida.
I happen to believe the underlying bill is an overreach that could
potentially expose taxpayers to massive liabilities. I am mostly
concerned about encouraging States to create qualifying State insurance
funds which are likely to further crowd out the private marketplace.
It seems to me there exists a happy medium between those who have
total confidence in the private marketplace to correct problems in the
insurance market and those who believe the Federal Government must
intervene to set the market right.
We should not underestimate the weight of our decisions to move
forward with the underlying bill. Inserting the Government's hand into
the insurance marketplace threatens to disrupt the interrelationship of
risk mitigation; threatens to disrupt population growth and economic
development in vulnerable regions; threatens to disrupt private
insurance and reinsurance markets for catastrophic risk management;
threatens to disrupt insurance rate regulation, and threatens to
disrupt the role of State-run catastrophic insurance mechanisms which
are only beginning to be systematically examined.
Rather than rushing to vote on the underlying bill, I believe
Congress should tap the growing body of knowledge and expertise that is
now just coming together.
The bottom line is there are several proposals that have merit, and
each would benefit from the kind of rigorous objective study that an
impartial commission of experts could provide.
I believe this amendment is a measured approach, an approach
supported by the Senate, at least the committee, and urge my colleagues
to support the creation of a commission on natural catastrophic risk
management and insurance in lieu of the current proposal.
I also want to point out that the existing bill, besides likely not
being supported by the Senate, has a veto threat

[[Page H13362]]

by the President because of the massive liabilities and the incredible
disruption that this legislation may cause the insurance marketplace.
Mr. Chairman, I yield back.
Mr. MAHONEY of Florida. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. MAHONEY of Florida. Mr. Chairman, I want to thank the gentleman
from Connecticut for his amendment. I just want to make a couple of
comments.
This is a problem that has been afflicting Americans now for over a
decade. This Congress has looked at this problem for over a decade. For
over a decade, this Congress has failed to do anything. And right now,
as we are sitting here in the comfort of this great Chamber, there is a
grandmother in Okeechobee, Florida, who has to sit down and write a
check tonight to pay her mortgage, her insurance, and her property
taxes. Let me just say this for all of the people, the millions of
people right now who are afraid that they cannot make that payment. The
idea after a decade of do nothing to continue to recommend to do
nothing is unconscionable. It is also unconscionable that when
Hurricane Katrina hit Louisiana and Mississippi, of the $110 billion
bailout, that the people in the State of Connecticut coughed up $1.39
billion to pay off a disaster. This has to stop.
What the gentleman from Connecticut is trying to do is he is trying
to kill this legislation with this amendment. He is trying to hurt the
people in Okeechobee right now who are suffering, trying to figure out
how to pay their bills. I would urge people to defeat this amendment
because this is not the people's business. What we need to do is we
need to act responsibly. We need to take care of people who should be
able to live in their homes and afford their homes. Having a home and
home ownership is the American Dream. It is important that we protect
it. The time has long passed, over a decade, the time has long passed
for study. Today, this House has the opportunity to take action.
Mr. Chairman, I would encourage my colleagues to vote ``no'' on this
amendment.
I yield back the balance of my time.
Ms. GINNY BROWN-WAITE. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentlewoman is recognized for 5 minutes.
Ms. GINNY BROWN-WAITE. Mr. Chairman, I am very fond of the gentleman
from Connecticut, and I know his heart is in the right place. He has
been very supportive of many of the things that are proposed in this
Chamber, and on many, many issues we agree; however, this is an issue
that we do not agree on.
Study, study, study. Let's just study it again. That is what Congress
has done for so many issues for so many years. Another colleague of
ours, Jo Ann Emerson, came to Congress a little over 10 years ago
taking her husband's place in Congress. He had passed away. The reason
I mention this is her husband chaired a study group on this very
subject in 1995 or 1996. How much longer do people have to believe that
Congress is going to do nothing other than create another bound study
that is going to sit on somebody's bookshelf someplace and not
accomplish one darn thing? This isn't just about Florida. It is about
every State that faces natural catastrophes. It is about finally having
a solution.
The gentleman from Connecticut was elected to serve in the House.
Quite honestly, there are many times when, on this very floor, we all
say, I don't care what the Senate is going to do. Well, it just so
happens that a bill recently was introduced, very similar to this bill,
by Senator Nelson and a neighbor of the gentleman from Connecticut,
Mrs. Clinton, Senator Clinton, so there is a companion bill over in the
other House. While that companion bill is not bipartisan, it is some
movement. It is acknowledgement to the people out there who are paying
outrageous insurance rates that Congress is finally stepping up and
doing something and not just creating another study killing who knows
how many trees. I know the gentleman from Connecticut is an
environmentalist. I would think he would want to save a few trees.
Mr. Chairman, I disagree with the gentleman's amendment, and I
encourage my colleagues to vote against it.
Mr. KLEIN of Florida. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KLEIN of Florida. Mr. Chairman, what has just been expressed by
our colleagues from around the country is that this is a time for
action on an issue that is well overdue. There have been many parts of
the country that have been hit by this insurance problem for a long
time. But I can tell you that whether you are in the State legislature,
like I was in the past, or in the Congress, or in any local government,
or even a lot of businesses, a lot of times when you want to study
something and you want to put it on the shelf and collect dust, it is
not going anywhere. This particular provision, this particular idea
sounds nice. It says, oh, we are going to study this and we're going to
study that and have qualified people come together. Well, do you know
something? That is what we have been doing. We have been bringing
together qualified people.
We have spent a lot of time, bipartisan, a lot of experts in the
field, consumer groups and experts on Wall Street and people in the
industry to really figure out what is the right way to do this. Is this
perfect? I don't know. But we have certainly tried to do what we think
is common sense and we are moving in the right direction.
The notion of studying it and coming back, and this particular
provision says coming back on June 1 of 2008 with a report which will
then be presented to the Financial Services Committee, which will then
hold hearings and more hearings and more hearings, and then it will end
up in the Senate, we are talking about 2015 before they even bring a
bill up.
Well, we have something here today that is a bill. It is an idea, a
set of ideas that have been developed, and we are ready to move on it.
And the people back home are ready for us to move it. They want action.
They want relief from their insurance bills. They want to know as
taxpayers there is a better way of doing this than the Federal
Government writing a check every time. That is what this bill does.
So with all due respect to those folks who say, let's study it more,
it hasn't been studied enough, yes, it has. It has been studied enough.
And we will continue to study it when it goes over to the Senate. But
we are looking to make a bill, finalize a bill here in the House today.
Let the Senate take it up over the next couple of months and let's get
some relief to the homeowners of the United States when it comes to
their homeowners insurance.
Mr. Chairman, I yield back my time.

{time} 1745

Mrs. CAPITO. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentlewoman from West Virginia is recognized
for 5 minutes.
Mrs. CAPITO. I yield to the gentleman from Connecticut.
Mr. SHAYS. Mr. Chairman, I thank the gentlewoman for yielding to me.
I want to say to my colleagues from Florida that I would probably be
saying the same things they are if I was from Florida. And I would say
them with all the sincerity that you are saying them and I would attack
any proposals that took a different position.
First, we are capable in this Chamber of acting quickly. I do agree
with my colleagues that it has been a number of years that we have done
nothing. I don't agree that we have had the kind of study that we need
and the kind of study that you would see in my proposal.
But what I would also say, for whatever it's worth, not that it's
going to change votes, but I want to go on record that if such a study
is ultimately passed because of the Senate, even if this Chamber
doesn't pass my amendment, that I will go out of my way to fight for a
bill to deal with this issue next year. That is just a commitment I
want to put on the record because I don't think we can continue to
wait.
What concerns me is I feel like in an effort to deal with the very
real problem of Florida, we are going to screw things up for 49 other
States, or 40, or 35, and that we are going to do something that a lot
of Members don't want

[[Page H13363]]

to do and that is create huge liabilities for the Federal Government.
I am not suggesting that this is a perfect solution. My problem is I
think the bill that is being promulgated by the Florida delegation is
fatally flawed. I think if there was a study, we would come back with a
proposal that would have similarities to this legislation, but not so
negatively impacting the rest of the country and not providing the kind
of potential liabilities to the tax payers.
I do respect what my colleagues from Florida are saying. I think they
are fighting for their constituencies. But I think those of us who
aren't in Florida have an obligation to step up and voice the kind of
reservations that exist elsewhere throughout the country.
Again, if this amendment fails and this bill passes as it is and is
sent to the Senate and dies, or passes both Chambers and the President
vetoes it so nothing happens, I will be on your side of the issue
working with my Florida colleagues to deal with the issue next year.
Mrs. CAPITO. Mr. Chairman, I yield back my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Connecticut (Mr. Shays).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. SHAYS. Mr. Chairman, I demand a recorded vote.
The ACTING Chairman. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Connecticut
will be postponed.

Vacating Ordering of Recorded Vote on Amendment No. 15

Mr. PUTNAM. Mr. Chairman, against my better judgment, I asked for a
recorded vote on something I had won. As good as it would feel to see
it up there in lights, I ask unanimous consent to vacate the request
for a recorded vote on the Putnam amendment to the end that the Chair
put the question de novo.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from Florida?
There was no objection.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Putnam).
The amendment was agreed to.

Amendment No. 3 Offered by Mr. Campbell of California

Mr. CAMPBELL of California. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 3 offered by Mr. Campbell of California:
Page 2, line 5, before ``Homeowners' '' insert ``Business
Owners' and' ''.
Page 6, line 15, before ``homeowners'' insert ``business
owners and''.
Page 13, lines 5 and 6, strike ``HOMEOWNERS'''.
Page 13, line 13, before ``homeowners' '' insert ``property
and''.
Page 18, line 9, strike ``personal real''.
Page 20, line 25, insert ``property and'' after ``all''.

The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. CAMPBELL of California. Mr. Chairman, I stand here before you as
a Member of Congress not from Florida; in fact, from California. But I
support this bill. If a tsunami were to hit Honolulu, there is not
enough insurance base in the entire State for all the types of
insurance there could possibly be to cover the effects of that kind of
disaster.
I come from California, which is not a small State. It is in fact the
largest State. But we have earthquakes. After the Northridge
earthquake, you could not buy earthquake insurance pretty much from
anywhere at any price in the entire State of California after that
earthquake. So even in a large State like California you can have
problems getting disaster insurance for various disasters, even today;
and it has been a number of years since we have had any significant
number of earthquakes in California. The earthquake insurance,
currently there's a State program to cover earthquake insurance and it
vacillates between not providing very much coverage and being not
actuarially sound.
So I support this bill because we do need to look at tsunamis in
Hawaii, earthquakes in California, hurricanes in Florida and tornadoes
in Kansas, and ways that we can pool those risks. Now, if a disaster of
any type hits any one of those States, as I mentioned, that earthquake
or that hurricane or that tornado will not discriminate between single
families' homes and apartment buildings or commercial property. The
amendment that I offer today, Mr. Chairman, would add commercial
property to this bill because, as I said, the disasters don't
discriminate. But also, when you think about it, if a hurricane hits,
and I know the sponsors of this bill are very familiar with that, or an
earthquake hits and an apartment building goes down, the people living
in that apartment building need that apartment building rebuilt every
bit as much as the people in the single family home need their single
family home rebuilt.
If jobs and economic activity are to be restored in the region hit by
the disaster, then the businesses that were destroyed or severely
damaged in that disaster also need to be rebuilt. So what this bill
would do is it would not compel any State to include commercial
property in their State program. But if a State chooses to include
commercial property in their State program, then it could be included
in the risk pools that will be set up as a result of this bill.
Mr. Chairman, I yield back the balance of my time.
Mr. KLEIN of Florida. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KLEIN of Florida. Thank you, Mr. Chairman, and I thank the
gentleman from California. Although we are from different parts of the
country and sort of the extreme points of the country, we share, along
with many people in other quarters of the country, the same problem;
and it is a problem with dealing with these large-scale natural
disasters which are difficult to predict and, at the higher end,
difficult to insure. Whether it is mud slides or wildfires or
earthquakes or tornadoes or major floods or hurricanes or blizzards or
any number of other things which cause very large-scale damage, we need
to find a way to come together and resolve this, which is what, of
course, this plan is trying to do.
What the gentleman has proposed, and is something I think we should
all recognize, is the fact that earthquakes don't distinguish between a
house and an office building, or a house and an apartment building, or
any other number of commercial or private structures. I think the
notion here of trying to, again, pool interests is something that
deserves a lot of attention.
I would like to pose a notion to the gentleman. I know the Chair of
Financial Services has mentioned that he would like to hold a hearing,
because as we developed this, we were pretty close to certain this
would work with the residential property community, and even put
something in the bill at the gentleman's request about the multi-family
properties as well, because I think that is a big issue.
As it relates to the broader issue, I think we want to continue to
investigate this, to understand from the Congressional Budget Office's
point of view, making sure that, as this does meet PAYGO, we want to
make sure this continues to meet PAYGO; and I think if we were to adopt
this amendment, I think there would be some question about that.
If the gentleman would respond as to whether he would withdraw the
amendment now, with the commitment, I think from chairman of the
Financial Services Committee, to, number one, hold a hearing and bring
all the necessary information together and continue to work on this,
whether it is in this piece of legislation as it moves to the Senate,
or we all work together on another piece of legislation to deal with
the same issue.
Mr. CAMPBELL of California. Mr. Chairman, will the gentleman yield?
Mr. KLEIN of Florida. I yield to the gentleman from California.
Mr. CAMPBELL of California. I thank the gentleman.
With the commitment from the gentleman from Florida and the
understanding of the chairman of committee that we would hold a hearing
on this and that we would then consider perhaps free-standing
legislation or putting it in this, if as a result of that hearing we
believe that there would be

[[Page H13364]]

a way to add the commercial property, with that understanding I would
ask unanimous consent to withdraw the amendment.
Mr. KLEIN of Florida. Reclaiming my time, I thank the gentleman, and
look forward to working with him on that issue.
Mr. Chairman, I yield back the balance of my time.
Mr. CAMPBELL of California. Mr. Chairman, I ask unanimous consent to
withdraw the amendment.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from California?
There was no objection.

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. 17 by Mr. Klein of Florida of Florida.
Amendment No. 6 by Mr. Roskam of Illinois.
Amendment No. 13 by Mr. Roskam of Illinois.
Amendment No. 1 by Mr. Manzullo of Illinois.
Amendment No. 5 by Mr. Shays of Connecticut.
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.

Amendment No. 17 Offered by Mr. Klein of Florida

The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Florida
(Mr. Klein) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

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 253,
noes 159, not voting 25, as follows:

[Roll No. 1068]

AYES--253

Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Becerra
Berkley
Berman
Berry
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bonner
Bordallo
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Butterfield
Cannon
Capps
Capuano
Cardoza
Carney
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Faleomavaega
Farr
Fattah
Feeney
Ferguson
Filner
Fortuno
Frank (MA)
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Lampson
Langevin
Larsen (WA)
Larson (CT)
Lee
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stearns
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)

NOES--159

Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Blackburn
Blunt
Boehner
Bono
Boozman
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Calvert
Camp (MI)
Campbell (CA)
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson, Sam
Jordan
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lucas
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McHenry
McKeon
McMorris Rodgers
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Norton
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf

NOT VOTING--25

Bean
Bishop (UT)
Boren
Buyer
Carnahan
Carson
Christensen
Cubin
Giffords
Hastert
Hunter
Jindal
Jones (OH)
LaHood
Lantos
Levin
Lungren, Daniel E.
McCrery
Miller (FL)
Oberstar
Ryan (OH)
Ryan (WI)
Saxton
Slaughter
Wynn

Announcement by the Acting Chairman

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

{time} 1822

Mr. PICKERING, Mrs. DRAKE, and Mr. HELLER of Nevada changed their
vote from ``aye'' to ``no.''
Mr. SHERMAN and Mr. MILLER of North Carolina changed their vote from
``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 6 Offered by Mr. Roskam

The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Illinois
(Mr. Roskam) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 15-minute vote.
The vote was taken by electronic device, and there were--ayes 168,
noes 249, not voting 20, as follows:

[Roll No. 1069]

AYES--168

[[Page H13365]]

Ferguson
Flake
Forbes
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
LaTourette
Linder
Lucas
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McHenry
McHugh
McKeon
McMorris Rodgers
Miller (MI)
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Paul
Pearce
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Spratt
Stearns
Stupak
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Whitfield
Wicker
Wilson (NM)
Wolf
Young (AK)

NOES--249

Abercrombie
Ackerman
Allen
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Becerra
Berkley
Berman
Berry
Bilirakis
Bishop (GA)
Bishop (NY)
Bordallo
Boswell
Boucher
Boyd (FL)
Brady (PA)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Burton (IN)
Butterfield
Calvert
Campbell (CA)
Capps
Capuano
Cardoza
Carnahan
Clarke
Clay
Cleaver
Clyburn
Cohen
Conaway
Conyers
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Faleomavaega
Farr
Fattah
Filner
Fortenberry
Fortuno
Frank (MA)
Gillibrand
Gohmert
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
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
Kingston
Klein (FL)
Kucinich
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
Lee
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Musgrave
Nadler
Napolitano
Neal (MA)
Norton
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pence
Perlmutter
Peterson (MN)
Pomeroy
Price (GA)
Price (NC)
Rahall
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Stark
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walberg
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Westmoreland
Wexler
Wilson (OH)
Wilson (SC)
Woolsey
Wu
Yarmuth
Young (FL)

NOT VOTING--20

Bean
Bishop (UT)
Boren
Buyer
Carson
Christensen
Cubin
Giffords
Hastert
Hunter
Jindal
LaHood
Lantos
Levin
Lungren, Daniel E.
McCrery
Miller (FL)
Oberstar
Rangel
Wynn

Announcement by the Acting Chairman

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

{time} 1842

Messrs. TAYLOR, GEORGE MILLER of California, PENCE, PRICE of Georgia,
LEWIS of Kentucky and BURTON of Indiana changed their vote from ``aye''
to ``no.''
Mr. CHANDLER and Mr. ALTMIRE changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment No. 13 Offered by Mr. Roskam

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 172,
noes 245, not voting 20, as follows:

[Roll No. 1070]

AYES--172

Aderholt
Akin
Alexander
Altmire
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Boyda (KS)
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Calvert
Camp (MI)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Doolittle
Drake
Dreier
Duncan
Ehlers
English (PA)
Everett
Fallin
Feeney
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jordan
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Latham
LaTourette
Linder
Lucas
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McHenry
McHugh
McKeon
McMorris Rodgers
Miller (MI)
Miller, Gary
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
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
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)

NOES--245

[[Page H13366]]

Meeks (NY)
Melancon
Mica
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
Young (FL)

NOT VOTING--20

Bean
Bishop (UT)
Boren
Buyer
Carson
Christensen
Cubin
Giffords
Hastert
Hunter
Jindal
LaHood
Lantos
Levin
Lungren, Daniel E.
McCrery
Miller (FL)
Oberstar
Obey
Wynn

Announcement by the Acting Chairman

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

{time} 1850

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

Amendment No. 1 Offered by Mr. Manzullo

The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Illinois
(Mr. Manzullo) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 1071]

AYES--176

Aderholt
Akin
Alexander
Altmire
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Boyda (KS)
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carney
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson (GA)
Johnson (IL)
Johnson, Sam
Jordan
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Latham
LaTourette
Lewis (KY)
Linder
Lucas
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
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)

NOES--242

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

NOT VOTING--19

Bean
Bishop (UT)
Boren
Buyer
Carson
Christensen
Cubin
Giffords
Hastert
Hunter
Jindal
LaHood
Lantos
Levin
Lungren, Daniel E.
McCrery
Miller (FL)
Oberstar
Wynn

Announcement by the Acting Chairman

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

{time} 1900

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

Amendment No. 5 Offered by Mr. Shays

The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from
Connecticut (Mr. Shays) on which further proceedings were postponed and
on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 1072]

AYES--166

Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Boyda (KS)
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Calvert
Camp (MI)
Cannon
Capito
Carter
Castle
Chabot
Coble
Cole (OK)

[[Page H13367]]

Conaway
Cooper
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Doolittle
Drake
Dreier
Duncan
Ehlers
Ellsworth
Emerson
English (PA)
Everett
Fallin
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jordan
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lucas
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McHenry
McHugh
McKeon
McMorris Rodgers
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Petri
Pickering
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)

NOES--246

Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Becerra
Berkley
Berman
Berry
Bilirakis
Bishop (GA)
Bishop (NY)
Bordallo
Boswell
Boucher
Boyd (FL)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Butterfield
Campbell (CA)
Cantor
Capps
Capuano
Cardoza
Carney
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Emanuel
Engel
Eshoo
Etheridge
Faleomavaega
Farr
Fattah
Feeney
Ferguson
Filner
Fortuno
Frank (MA)
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Keller
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Lampson
Langevin
Larsen (WA)
Larson (CT)
Lee
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Obey
Olver
Ortiz
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pitts
Pomeroy
Price (NC)
Putnam
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stearns
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
Young (FL)

NOT VOTING--25

Bean
Bishop (UT)
Boren
Buyer
Carnahan
Carson
Christensen
Cubin
Giffords
Hastert
Hunter
Jindal
Kaptur
LaHood
Lantos
Levin
Lungren, Daniel E.
McCrery
Miller (FL)
Oberstar
Pallone
Paul
Peterson (PA)
Radanovich
Wynn

Announcement by the Acting Chairman

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

{time} 1906

So the amendment was rejected.
The result of the vote was announced as above recorded.
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.
Serrano) having assumed the chair, Mr. Cardoza, 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. 3355) to
ensure the availability and affordability of homeowners' insurance
coverage for catastrophic events, pursuant to House Resolution 802, 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 Mrs. Capito

Mrs. CAPITO. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Mrs. CAPITO. Yes, in its current form I am.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:

Mrs. Capito moves to recommit the bill H.R. 3355 to the
Committee on Financial Services with instructions to report
the same back to the House forthwith with the following
amendments:
Redesignate sections 402, 403, and 404 as sections 403,
404, and 405, respectively.
After section 401, insert the following new section:

SEC. 402. PROHIBITING CROSS-SUBSIDIZATION FROM MIDDLE
AMERICA.

Notwithstanding any other provision of this Act, a program
shall not be considered to be a qualified reinsurance program
for purposes of this Act unless the Secretary certifies that
the program is not cross-subsidizing any geographic region,
including by subsidizing coastal homeowners and developers at
the cost of other taxpayers or policyholders.

The SPEAKER pro tempore. The gentlewoman from West Virginia is
recognized for 5 minutes.
Mrs. CAPITO. Mr. Speaker, valid questions have been asked about this,
and this bill could make West Virginians and other taxpayers across
America liable for what the bill says itself, hundreds of billions of
dollars in loans and subsidized insurance to State insurance companies
that are displacing the private sector and charging inadequate rates.
It is unclear how much this bill will actually cost the taxpayers.
The Congressional Budget Office has said at least tens of millions of
dollars if fully implemented, and it could have been higher by several
magnitudes if they thought that States would actually use the
provisions of the bill with any meaningful frequency. Now the manager's
amendment has added up to 200 billion more dollars in taxpayer
exposures that would not be repaid. There is no sunset on this bill,
and this is a permanent liability for the taxpayers. The hard facts are
that the bill itself recognizes that taxpayers could be asked to cough
up enormous sums of taxpayer dollars.
Another consideration is the environment. The National Wildlife
Foundation and the Florida Coalition for Preservation oppose this bill
because they say it ``would result in continued encouragement of risky
development in our Nation's coastal areas and floodplains. With more
development in these environmentally sensitive areas, this bill could
lead to more loss of life, property, and of wildlife habitat. The
safety of our citizens should be the number one priority of any
government program dealing with natural disasters.

[[Page H13368]]

The administration says that H.R. 3355 would ``displace the private
market,'' ``clearly result in a subsidy for insurers, State insurance
programs, and their policyholders,'' ``undermine economic incentives to
mitigate risks,'' ``be fiscally irresponsible as the Federal Government
could expect to face steep losses in certain years,'' and that
``financing these losses would require Federal taxpayers to subsidize
insurance rates for the benefit of those living in high-risk areas.
Mr. Speaker, this amendment simply says, if we are going to put
taxpayers on the hook for billions of dollars in loans Treasury will be
forced to give under this bill, then we should also make a commitment
that homeowners who do not live on the coast will not have to pay for
this subsidy in the form of increased insurance rates. One group of
taxpayers should not be compelled to cover the inherent costs of risky,
high-priced coastal development for developers.
Without this amendment, homeowners, who are taxpayers too, would be
hit twice. First, they would essentially guarantee these loans in the
event States default, and according to Treasury, ``it is more than
likely that there will be significant pressures to forgive outstanding
debt in the case of a huge catastrophe'' and that ``taxpayers
nationwide subsidize insurance rates in high-risk areas, which would be
both costly and unfair.''
Second, the extension of these loans will implicitly subsidize high-
risk areas at the expense of other homeowners. When a State repays
these loans, it could assess a fee or tax on all homeowners in the
State, including those who don't receive the benefit of this subsidy.
Also, the State insurance companies that stand to gain from this bill
squeeze out private insurers, meaning less competition for consumers,
higher prices, and fewer choices.

{time} 1915

On October 10, a Wall Street Journal editorial put it this way:
Congress is volunteering ``middle-class taxpayers nationwide as the
financial backstop for beachfront properties.''
Mr. Speaker, this bill does nothing to address the development and
zoning that could be encouraged with these new programs. We can add
mitigation and other requirements. The fact is, if the Federal
Government is making something cheaper, you're probably going to buy
more of it and do more of it.
Today, with this bill, we are giving a gift to coastal development
and dysfunctional State agencies at the expense of Middle America.
Homeowners all over the country have been hit hard lately; and for the
millions of taxpayers who do not live in these areas, this bill would
be another blow. My amendment simply ensures that we will be mindful of
the vast majority of homeowners and taxpayers who, like West
Virginians, do not stand to benefit from this bill at all.
Mr. Speaker, I yield back the balance of my time.
Mr. FRANK of Massachusetts. I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. FRANK of Massachusetts. I yield to the gentlewoman from Florida
(Ms. Brown-Waite).
Ms. BROWN-WAITE of Florida. I thank the gentleman for yielding.
I am very much opposed to the motion to recommit.
States have comprehensive plans controlling development. What States
don't want is the Federal Government telling them what to do. There are
excellent new building requirements, new building codes that are in
place to ensure that anything that has been built since 1990 is built
to much stronger standards.
On the insurance costs: let's face it, ladies and gentlemen, if this
bill doesn't pass and a catastrophe happens, the first thing that will
be the bill du jour is to bail out California if there is an
earthquake, Florida if there is a hurricane, or any other State where
tornadoes hit down. If you voted for TRIA because it was the right
thing to do to stabilize the reinsurance market for terrorism
insurance, then you should vote for the bill and against the motion to
recommit. This is an attempt to stabilize the insurance market; it is
not an attempt to take over the insurance market.
Mr. FRANK of Massachusetts. Mr. Speaker, first my friend from West
Virginia said, well, we would be displacing the private insurance
market. We have fellow citizens represented here who are trying
desperately to find that private insurance market. This is hardly a
case of our intruding in a perfectly functioning market.
And then the amendment bans cross-subsidies; it bans cross-subsidies
that do not exist. The CBO report: ``Assuming the appropriation of the
specified amount CBO estimated in implementing this provision would
cost $75 million over the next 5 years.'' That's the total on one
provision. On the other provision: ``CBO estimates that loans made
under the bill would have an insignificant cost over the next 5 years.
Enacting H.R. 3355 would not affect direct spending or revenue.'' So
there is no taxpayer expenditure; so there is no subsidy.
Then as to cross-subsidy, it is very carefully worded. It says: ``No
cross-subsidizing in any geographic region.'' It doesn't say across
State lines because that could not happen. No State is in this program
unless it volunteers to get in. So now, apparently, the worry is that
north Florida will subsidize south Florida. I think we leave that to
Florida.
One last point. Many of my colleagues have had this button, article
I. This does not attempt to change the program substantively. It does
not try to deal with the subsidies because they're nonexistent. It
says: ``The Secretary of the Treasury has to certify.'' It is a very
disturbing provision. It gives to a Secretary of the Treasury, who
might be ideologically opposed to this, the power to kill the program
voted by both Houses of Congress. If it said the Secretary could make a
report and we would consider it, that would be one thing. But there is
no taxpayer subsidy, according to CBO. There is no interstate
involvement unless the States have volunteered to get in.
And then it says that these nonexistent hazards will stop the
program. And it doesn't say, by the way, that the Secretary stops it if
he certifies it's causing a problem. He has to certify the negative. He
has to certify that it's not causing the problem. To give that kind of
power to the Secretary on a carefully drafted bill that already says no
subsidy, that bans any interstate involvement unless the States want
to, is just a way to kill the bill. I do not think that it's fair to
our colleagues from Florida on both sides of the aisle who have brought
this forward and colleagues from other States who may want to join.
The worst thing about this is the title: ``Prohibiting Cross-
Subsidization from Middle America.'' Well, the gentlewoman left out
apple pie and the flag, but all of them are irrelevant to this bill. If
Middle America doesn't want to be in this bill, it simply stays out of
it. There is nothing here that would coerce any State to be involved.
So Members can safely vote against this recommittal and know that
Middle America will sleep soundly tonight without having to subsidize
the State of Florida.
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.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.

Recorded Vote

Mrs. CAPITO. 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 175,
noes 239, not voting 18, as follows:

[Roll No. 1073]

AYES--175

[[Page H13369]]

Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hobson
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jordan
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lucas
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)

NOES--239

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

NOT VOTING--18

Bean
Bishop (UT)
Boren
Buyer
Carson
Cubin
Farr
Giffords
Hastert
Hunter
Jindal
LaHood
Lantos
Levin
Lungren, Daniel E.
McCrery
Oberstar
Wynn

Announcement by the Speaker Pro Tempore

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

{time} 1938

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.
Mrs. CAPITO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 258,
nays 155, not voting 19, as follows:

[Roll No. 1074]

AYES--258

Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Becerra
Berkley
Berman
Berry
Bilirakis
Bishop (GA)
Bishop (NY)
Bono
Boswell
Boucher
Boustany
Boyd (FL)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burton (IN)
Butterfield
Campbell (CA)
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Drake
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Frank (MA)
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Kucinich
Lampson
Langevin
Larsen (WA)
Larson (CT)
Lee
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Peterson (MN)
Pickering
Poe
Pomeroy
Price (NC)
Putnam
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Wexler
Wicker
Wilson (OH)
Woolsey
Wu
Yarmuth
Young (FL)

NOES--155

Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Boozman
Boyda (KS)
Brady (TX)
Broun (GA)
Burgess
Calvert
Camp (MI)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Cooper
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Doolittle
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Flake
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hoekstra
Hulshof
Inglis (SC)
Issa
Johnson, Sam
Jordan
King (IA)
Kingston
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Latham
LaTourette
Lewis (CA)
Linder
Lucas
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McHenry
McHugh
McKeon
McMorris Rodgers
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim

[[Page H13370]]

Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pitts
Platts
Porter
Price (GA)
Pryce (OH)
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Westmoreland
Whitfield
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)

NOT VOTING--19

Bean
Bishop (UT)
Boren
Buyer
Carson
Cubin
Giffords
Hastert
Hunter
Jindal
LaHood
Lantos
Levin
Lungren, Daniel E.
McCrery
Oberstar
Perlmutter
Watt
Wynn

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members are advised there
is 1 minute remaining in this vote.

{time} 1946

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. PERLMUTTER. Mr. Speaker, on rollcall No. 1074, I was unavoidably
delayed in a meeting and did not get to the floor in time to vote. Had
I been present, I would have voted ``aye.''

____________________