[Congressional Record Volume 154, Number 122 (Thursday, July 24, 2008)]
[House]
[Pages H7093-H7097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   NATIONAL HIGHWAY BRIDGE RECONSTRUCTION AND INSPECTION ACT OF 2008

  The SPEAKER pro tempore. Pursuant to House Resolution 1344 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 3999.

                              {time}  1444


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 3999) to amend title 23, United States Code, to improve 
the safety of Federal-aid highway bridges, to strengthen bridge 
inspection standards and processes, to increase investment in the 
reconstruction of structurally deficient bridges on the National 
Highway System, and for other purposes, with Mrs. Christensen in the 
chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose on Wednesday, July 
23, 2008, amendment No. 11 printed in part B of House Report 110-760 by 
the gentleman from Minnesota (Mr. Oberstar) had been disposed of.


                Amendment No. 10 Offered by Mr. Childers

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, the unfinished 
business is the demand for a recorded vote on the amendment offered by 
the gentleman from Mississippi (Mr. Childers) on which further 
proceedings were postponed and on which the ayes prevailed by voice 
vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Mr. Childers:
       At the end of section 5, add the following:
       (d) Compliance With Immigration and Nationality Act.--None 
     of the funds appropriated pursuant to subsection (a) may be 
     used to employ workers in violation of section 274A of the 
     Immigration and Nationality Act (8 U.S.C. 1324a).

                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 416, 
noes 1, answered ``present'' 6, not voting 16, as follows:

                             [Roll No. 528]

                               AYES--416

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

                                NOES--1

       
     Moore (WI)
       

                        ANSWERED ``PRESENT''--6

     Clarke
     Edwards (MD)
     Ellison
     Grijalva
     Honda
     Towns

                             NOT VOTING--16

     Bishop (UT)
     Boswell
     Brown-Waite, Ginny
     Cubin
     DeLauro
     Faleomavaega
     Fortuno
     Hinojosa
     Hulshof
     Johnson, Sam
     LaHood
     Ortiz
     Rush
     Slaughter
     Sutton
     Young (AK)

                              {time}  1503

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

[[Page H7094]]

  Ms. SLAUGHTER. Madam Chairman, on rollcall No. 528, had I been 
present I would have voted ``aye.''
  The CHAIRMAN. The question is on the amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Schiff) having assumed the chair, Mrs. Christensen, 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. 3999) to 
amend title 23, United States Code, to improve the safety of Federal-
aid highway bridges, to strengthen bridge inspection standards and 
processes, to increase investment in the reconstruction of structurally 
deficient bridges on the National Highway System, and for other 
purposes, pursuant to House Resolution 1344, she reported the bill back 
to the House with an amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole? If not, the question is on 
the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                 Motion to Recommit Offered by Mr. Poe

  Mr. POE. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. POE. In its current form, Mr. Speaker.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Poe moves to recommit the bill H.R. 3999 to the 
     Committee on Transportation and Infrastructure with 
     instructions to report the same back to the House forthwith 
     with the following amendment:

     SEC. 7. REMOVAL OF CERTAIN STRUCTURALLY DEFICIENT BRIDGES ON 
                   FEDERAL-AID HIGHWAYS.

       (a) In General.--Notwithstanding any other provision of 
     law, a structurally deficient bridge on a Federal-aid highway 
     with a Federal Highway Administration bridge sufficiency 
     rating of 5 or less that has also been designated as an 
     unreasonable obstruction to navigation under section 4 of the 
     Act entitled ``An Act to regulate the construction of bridges 
     over navigable waters'', approved March 23, 1906 (33 U.S.C. 
     494; popularly known as the ``General Bridge Act of 1906'') 
     shall be removed once a new bridge or other facility is 
     opened that will carry the vehicular traffic that was once 
     carried by the structurally deficient bridge.
       (b) Penalties.--Notwithstanding any other provision of law, 
     upon issuance of an appropriate order by the Secretary of 
     Transportation, the owner or operator of a structurally 
     deficient bridge that has not been removed in violation of 
     subsection (a) shall be subject to penalties under section 
     5(b) of the Act referred to in subsection (a) (33 U.S.C. 
     495(b)).
       (c) Structurally Deficient Bridge Defined.--In this 
     section, the term ``structurally deficient bridge'' means a 
     bridge that has--
       (1) significant load-carrying elements that are in poor or 
     worse condition due to deterioration or damage, or both;
       (2) a load capacity that is significantly below current 
     truckloads and that requires replacement; or
       (3) a waterway opening causing frequent flooding of the 
     bridge deck and approaches resulting in significant traffic 
     interruptions.

  Mr. POE (during the reading). Mr. Speaker, I ask unanimous consent to 
dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  Mr. McGOVERN. I object.
  The SPEAKER pro tempore. Objection is heard.
  The Clerk will continue to read.
  The Clerk continued to read.
  The SPEAKER pro tempore. The gentleman from Texas is recognized for 5 
minutes.
  Mr. POE. Mr. Speaker, I want to thank first of all the chairman of 
the committee for his work on this bill and his vast knowledge of 
transportation issues, not just with bridges but every other issue 
regarding transportation and how he is able to give us that history 
lesson every time the committee meets, either in English or Spanish. He 
can do both of those.
  Today there is a reasonably good system in place for removing old 
bridges when they need to be replaced with new bridges, but it is in 
the circumventing of that system that causes problems. Old bridges that 
have been replaced, if not removed, could cause nationwide problems for 
shipbuilders, ship operators, port authorities, terminal operators and 
even barge operators.
  Under current law, bridges have to come down or be repaired when they 
pose an unreasonable obstruction to navigation. This is carried out 
through bridge permit requirements, providing that an old bridge must 
be torn down when the new bridge is built and the old bridge no longer 
serves a transportation function.
  One example of where this process is not followed is the Brightman 
Street Bridge case. This bridge is 101 years old. New construction 
started 10 years ago, but yet the new bridge has still not been built, 
and now there are plans to keep the old bridge in place even after the 
new bridge is constructed.
  There has been a constant increase in the size of ships on our 
waterways throughout history. This makes bridges built in the past an 
obstruction and danger to navigation. For instance, the width between 
the bridge and the pier on the new Brightman Street bridge are much 
longer than on the current bridge. And unless old bridges like this are 
removed, they will still be navigation problems upriver.
  We need to understand that some of the worst, most severely 
deteriorated bridges in the country are not only hazardous to vehicular 
traffic and people traveling on top of the bridge, but also to maritime 
and perhaps rail traffic that are below them. There are bridges deemed 
by the Coast Guard to be navigational hazards, and when States build a 
replacement bridge, the hazards ought to be removed.
  There are roughly 60 bridges with a sufficiency rating of 5 or less, 
or what I call 95 percent deficient that are over navigable waters 
according to 2007 numbers.
  The purpose of this motion to recommit is to be proactive, Mr. 
Speaker, and strengthen current policy that when a permit is issued to 
build a new bridge it also includes a provision or requirement for 
removal of the old bridge. If an exception to this rule is allowed to 
continue, it could lead to similar bridges being kept nationwide for 
limited transportation purposes. But the sole purpose of using these 
old bridges is to really block upstream development, specifically 
blocking energy development upstream that has already been approved.
  Keeping an old bridge when a replacement has been constructed has 
less to do with the condition of the bridge and more to do with the 
existence of an unnecessary barrier to navigation. This makes the 
dangers of an old bridge worse for the maritime industry.
  At this time, Mr. Speaker, I yield to the gentleman from New Mexico.
  (Mr. PEARCE asked and was given permission to revise and extend his 
remarks.)
  Mr. PEARCE. Mr. Speaker, I thank the gentleman from Texas for 
bringing this important subject up. It is indeed ironic that we are 
considering today a bridge safety bill and the very stimulus of the 
bill was a bridge that was approximately 40 years old, and now then we 
have this motion to recommit that directs attention to this bridge 
which is over 100 years old.
  The Massachusetts Highway Department recognized five significant 
problems with this particular bridge, the one that is in question under 
this motion to recommit; first of all, that it was structurally 
deficient; secondly, that the narrow horizontal clearance of the draw 
span opening is only 98 feet; thirdly, that the location of the channel 
opening on its side rather than the center; and then fourth, the 
vertical clearance through the draw span is only 27 feet above the mean 
water level; and fifth, there are of course traffic congestion problems 
at the Route 6, 138 and 103 intersection in Somerset.
  The provision that was put in to keep this bridge in place was placed 
in the bill in order to allow emergency traffic and pedestrian traffic. 
Now, the emergency traffic, the large vehicles, the fire trucks, have 
already been prohibited from going across this because it's unsafe, and 
though still we're going to

[[Page H7095]]

keep the bridge here, and we have to understand that with the prices of 
energy today, that this block has very little to do with the bridge 
itself but instead is to do with the fact that our energy policies have 
been hijacked by a small group of extremists who refuse, at any point, 
to have more energy brought into this country, either by our own 
resources or by external resources. And that is the end result of what 
is going on with this bridge.
  So the motion to recommit simply says that the bridges that are 
unsafe as measured by a distinct standard that is available, would be 
actually torn down. The U.S. Coast Guard said that we need to tear the 
bridge down. The Massachusetts Highway Department said it's unsafe and 
would not like to use it. It's going to cost the taxpayers $1.5 million 
to keep it open.
  Let's pass this motion to recommit. Let's do the right thing and get 
more energy into this country.

                              {time}  1515

  Mr. OBERSTAR. Mr. Speaker, I rise in opposition to the motion to 
recommit.
  The SPEAKER pro tempore. The gentleman from Minnesota is recognized 
for 5 minutes.
  Mr. OBERSTAR. I first want to address the underlying bill. There is a 
great deal of misinformation coming from some State Departments of 
Transportation. Curiously, those who have done the most transferring 
money out of their bridge account for other purposes, then come back 
and complain that they don't have enough money to repair deficient 
bridges.
  The language in this legislation, by determination of the 
Congressional Budget Office, is not a mandate. There is no 
intergovernmental or private sector mandates, as defined in the 
Unfunded Mandates Reform Act, first.
  Secondly, the bill requires States to inspect structurally deficient 
bridges and fractured critical bridges annually. And to do that work, 
they can use money out of their bridge account to pay for bridge 
inspectors and to undertake the inspections. There is no limitation. 
The only limitation is if you have a structurally fractured critical 
bridge in your bridge inventory, fix it first before you transfer money 
for some other purpose.
  Now this pending motion to recommit was rejected in our committee 
when we initially considered it in another piece of legislation. It is 
really special interest legislation because the company that would 
operate the LNG facility would be a principal beneficiary.
  To explain the specifics of that intricacy, I yield 1\1/2\ minutes to 
the gentleman from Massachusetts (Mr. McGovern).
  Mr. McGOVERN. I thank the gentleman for yielding.
  With respect to the gentlemen from Texas and New Mexico, they don't 
know what they are talking about. I mean, this is ridiculous. We are 
talking about a bridge in Fall River, Massachusetts. This is a bridge 
that is owned by the Commonwealth of Massachusetts. It is not owned by 
the Federal Government; it is owned by the Commonwealth of 
Massachusetts. The Commonwealth of Massachusetts and the city of Fall 
River and the people of that community have decided that they want to 
preserve this bridge. Why, one of the reasons why is for an evacuation 
route. And another reason why is they want to turn it into a biking 
path and a walking path to help revitalize the waterfront in Fall River 
and Somerset.
  The community is almost unanimous in their support for this effort. 
There is no controversy in Fall River. There is no controversy in 
Massachusetts about this.
  And as far as the debate about LNG, this is the least of the problems 
for a potential LNG facility in the middle of Fall River. The Coast 
Guard has said it is an unacceptable risk. The U.S. Navy has said it is 
a mistake. The Secretary of Commerce has said it is a bad idea. This 
has nothing to do with LNG. This has everything to do with whether or 
not we are going to allow some people on that side of the aisle to 
attack the hardworking families of Fall River who last week they 
verbally assaulted because they said they were not entitled to any kind 
of environmental benefit. This week they want to take away a bridge 
that the Commonwealth of Massachusetts owns that the people of Fall 
River want to protect.
  Massachusetts, by the way, in terms of LNG, is doing more than almost 
every other State in this country. We have two up and running and 
another being licensed. So this has nothing to do with energy. This has 
nothing to do with LNG. This has everything to do with whether or not 
the people of Fall River, the hardworking people of Fall River, deserve 
to determine what to do with a little measly bridge that they want to 
preserve to help revitalize their waterfront.
  So enough of this nonsense; vote down this motion.
  Mr. OBERSTAR. I yield the balance of my time to the gentleman from 
Massachusetts (Mr. Frank).
  Mr. FRANK of Massachusetts. You have heard about the merits; let me 
talk about the personal politics.
  I just ran over here from a hearing that I called at the request of 
the Republicans on the Financial Services Committee because I was 
trying to accommodate them.
  To have this brought up attacking our district as an ambush with no 
notice, with no discussion when we are trying to do business, when I 
spent all week trying to work with this administration, and I know all 
the people on that side didn't like it. I am about to go to conference 
on the flood insurance bill, and a number of Members on both sides of 
the aisle have come to me and said we have this issue and that issue. I 
have promised to give every consideration.
  To have this kind of a political attack on an important issue to our 
district with no notice in the midst of our trying to conduct other 
business is not worthy of the traditions of this House. And I would be 
glad to discuss this at other times.
  But I would just advise that if this is the precedent that we are 
setting, that we no longer decide that a Member knows best what is in 
his or her district, I will be glad to learn that today.
  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

  Mr. POE. 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 151, 
noes 268, answered ``present'' 5, not voting 10, as follows:

                             [Roll No. 529]

                               AYES--151

     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     English (PA)
     Fallin
     Feeney
     Flake
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     Kingston
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Latham
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Mack
     Marchant
     McCaul (TX)
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Musgrave
     Myrick
     Neugebauer
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pitts
     Poe
     Price (GA)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (KY)
     Rogers (MI)
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (NE)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Westmoreland
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

[[Page H7096]]



                               NOES--268

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castor
     Cazayoux
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fossella
     Foster
     Frank (MA)
     Frelinghuysen
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     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
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lungren, Daniel E.
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Nunes
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Perlmutter
     Peterson (MN)
     Pickering
     Platts
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Rahall
     Ramstad
     Rangel
     Reyes
     Richardson
     Rodriguez
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     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
     Whitfield (KY)
     Wilson (OH)
     Wittman (VA)
     Woolsey
     Wu
     Yarmuth

                        ANSWERED ``PRESENT''--5

     Aderholt
     Bonner
     Everett
     Rogers (AL)
     Weller

                             NOT VOTING--10

     Bishop (UT)
     Boswell
     Brown-Waite, Ginny
     Cannon
     Cubin
     Hinojosa
     Hulshof
     LaHood
     Ortiz
     Rush


 Moment of Silence Observed in Memory of Officer Jacob J. Chestnut and 
                        Detective John M. Gibson

  The SPEAKER pro tempore (Mr. Ellsworth) (during the vote). Pursuant 
to the Chair's announcement of earlier today, the House will now 
observe a moment of silence in memory of Officer Jacob J. Chestnut and 
Detective John M. Gibson.
  Will all present please rise for a moment of silence.

                              {time}  1542

  Messrs. PASTOR, RAMSTAD, Mrs. GILLIBRAND, Mrs. CAPPS, Messrs. 
FERGUSON, KING of New York, MANZULLO and RANGEL changed their vote from 
``aye'' to ``no.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. Schiff). 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.
  Mr. POE. 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 367, 
nays 55, not voting 12, as follows:

                             [Roll No. 530]

                               YEAS--367

     Abercrombie
     Ackerman
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Bono Mack
     Boozman
     Boren
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown, Corrine
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Cazayoux
     Chabot
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Dreier
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fossella
     Foster
     Frank (MA)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hobson
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     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)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nunes
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Platts
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Scalise
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Westmoreland
     Wexler
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--55

     Aderholt
     Bilbray
     Bonner
     Broun (GA)
     Brown (SC)
     Campbell (CA)
     Coble
     Crenshaw
     Culberson
     Deal (GA)
     Doolittle
     Everett
     Feeney
     Flake
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey
     Heller
     Hensarling
     Hoekstra
     Johnson, Sam
     Jordan
     King (IA)
     Kingston
     Lamborn
     Latta
     Mack
     Marchant
     McHenry
     Mica
     Miller (FL)
     Moran (KS)
     Neugebauer
     Paul
     Pence
     Pickering
     Poe
     Price (GA)
     Putnam
     Reynolds
     Rogers (AL)
     Rohrabacher
     Royce
     Ryan (WI)
     Sali
     Sensenbrenner
     Sessions

[[Page H7097]]


     Shadegg
     Smith (NE)
     Stearns
     Tancredo
     Thornberry
     Tiahrt
     Weldon (FL)

                             NOT VOTING--12

     Bishop (UT)
     Boehner
     Boswell
     Brown-Waite, Ginny
     Cannon
     Cubin
     Hinojosa
     Hoyer
     Hulshof
     LaHood
     Ortiz
     Rush


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members have 2 minutes 
remaining to cast their votes.

                              {time}  1553

  Mr. WELDON of Florida and Mr. HOEKSTRA changed their vote from 
``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________