[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

     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)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Camp (MI)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Coble
     Cole (OK)
     Cooper
     Costa
     Davis (KY)
     Davis, David
     Davis, Tom
     Dent
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney

[[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

  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 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

     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)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Campbell (CA)
     Capps
     Capuano
     Cardoza
     Carnahan
     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
     Emerson
     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 (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 (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)

[[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

  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 176, 
noes 242, not voting 19, as follows:

                            [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

  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 166, 
noes 246, not voting 25, as follows:

                            [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

     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
     Cantor
     Capito
     Carney

[[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.''

                          ____________________