[Congressional Record Volume 155, Number 39 (Thursday, March 5, 2009)]
[House]
[Pages H3018-H3024]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             HELPING FAMILIES SAVE THEIR HOMES ACT OF 2009

  The SPEAKER pro tempore. Pursuant to House Resolution 190 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. 1106.

                              {time}  1641


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole

[[Page H3019]]

House on the State of the Union for the further consideration of the 
bill (H.R. 1106) to prevent mortgage foreclosures and enhance mortgage 
credit availability, with Mr. Holden (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose earlier today, 
a request for a recorded vote on amendment No. 3, printed in House 
Report 111-21, offered by the gentleman from Michigan (Mr. Peters) had 
been postponed.
  Pursuant to clause 6 of rule XVIII, proceedings will now resume on 
those amendments printed in House Report 111-21 on which further 
proceedings were postponed, in the following order:
  Amendment No. 1, as modified, by Ms. Zoe Lofgren of California.
  Amendment No. 2 by Mr. Price of Georgia.
  Amendment No. 3 by Mr. Peters of Michigan.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


 Amendment No. 1 Offered by Ms. Zoe Lofgren of California, as Modified

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from 
California (Ms. Zoe Lofgren), as modified, 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 263, 
noes 164, not voting 10, as follows:

                             [Roll No. 100]

                               AYES--263

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Foxx
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--164

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chaffetz
     Coble
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Dreier
     Duncan
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Cao
     Coffman (CO)
     Conyers
     Dingell
     Ehlers
     Faleomavaega
     Melancon
     Miller, Gary
     Perriello
     Stark

                              {time}  1649

  Mr. FORTENBERRY changed his vote from ``aye'' to ``no.''
  Ms. MARKEY of Colorado and Mr. RANGEL changed their vote from ``no'' 
to ``aye.''
  So the amendment, as modified, was agreed to.
  The result of the vote was announced as above recorded.


            Amendment No. 2 Offered by Mr. Price of Georgia

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Georgia 
(Mr. Price) 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 211, 
noes 218, not voting 8, as follows:

                             [Roll No. 101]

                               AYES--211

     Aderholt
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boucher
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Chandler
     Childers
     Coble
     Cole
     Conaway
     Connolly (VA)
     Crenshaw
     Culberson
     Dahlkemper
     Davis (AL)
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Duncan
     Edwards (TX)
     Ellsworth
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Halvorson
     Harper
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Himes

[[Page H3020]]


     Hodes
     Hoekstra
     Holden
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Minnick
     Mitchell
     Moran (KS)
     Murphy (CT)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shea-Porter
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Sullivan
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--218

     Abercrombie
     Ackerman
     Adler (NJ)
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boswell
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Driehaus
     Edwards (MD)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Gonzalez
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--8

     Cao
     Coffman (CO)
     Ehlers
     Faleomavaega
     Melancon
     Miller, Gary
     Perriello
     Stark


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1731

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


                 Amendment No. 3 Offered by Mr. Peters

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Michigan 
(Mr. Peters) 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 423, 
noes 2, not voting 12, as follows:

                             [Roll No. 102]

                               AYES--423

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry

[[Page H3021]]


     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--2

     Flake
     Lewis (CA)

                             NOT VOTING--12

     Akin
     Bilbray
     Cao
     Coffman (CO)
     Ehlers
     Faleomavaega
     Kaptur
     McMorris Rodgers
     Melancon
     Miller, Gary
     Perriello
     Stark


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1738

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Ross) having assumed the chair, Mr. Holden, Acting Chair of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 1106) to 
prevent mortgage foreclosures and enhance mortgage credit availability, 
pursuant to House Resolution 190, he reported the bill back to the 
House with sundry amendments 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 reported from the 
Committee of the Whole? If not, the Chair will put them en gros.
  The amendments were 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

  Mr. PRICE of Georgia. Mr. Speaker, I have a motion to recommit at the 
desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. PRICE of Georgia. I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Price of Georgia moves to recommit the bill, H.R. 1106, 
     to the Committee on the Judiciary and the Committee on 
     Financial Services with instructions to report the same back 
     to the House forthwith with the following amendment:

       At the end of the bill, add the following new title:

TITLE III--LIMITATIONS ON USE OF FUNDS FOR PREVENTION AND MITIGATION OF 
                         MORTGAGE FORECLOSURES

     SEC. 301. LIMITATIONS ON USE OF FUNDS FOR PREVENTION AND 
                   MITIGATION OF MORTGAGE FORECLOSURES.

       (a) Prohibitions on Use of TARP and Other Foreclosure 
     Mitigation Assistance.--
       (1) TARP funds.--Notwithstanding any provision of title I 
     of the Emergency Economic Stabilization Act of 2008, no funds 
     made available to the Secretary of the Treasury pursuant to 
     section 115(a)(3) of such Act and used by the Secretary in 
     any manner for the prevention or mitigation of foreclosures 
     on mortgages on residential properties, may be used for any 
     assistance or relief in violation of the prohibitions under 
     paragraph (3).
       (2) Assistance under this act.--Notwithstanding any other 
     provision of this Act or any amendment made by this Act, no 
     relief or assistance may be provided under this Act, the 
     amendments made by this Act, or any authority or program 
     established or amended by this Act, in violation of the 
     prohibitions under paragraph (3).
       (3) Prohibitions.--Relief or assistance in violation of the 
     prohibitions under this paragraph is relief or assistance as 
     follows:
       (A) Misrepresentation.--Relief or assistance to, for, or on 
     behalf of any mortgagor who obtained the mortgage with 
     respect to which the assistance or relief is provided by 
     material misrepresentation, false pretenses, or actual fraud.
       (B) Failure to follow underwriting standards.--Relief or 
     assistance to, for, or on behalf of any lender or mortgagee 
     that failed to comply with underwriting standards for 
     residential mortgages applicable to such lender or mortgagee.
       (C) Incentive payments for borrowers or servicers.--Relief 
     or assistance in the form of providing any payment, discount, 
     reduction, or other thing of value to any mortgagor, 
     mortgagee, or servicer of a mortgage as an incentive to 
     engage or participate in any activity or program for the 
     prevention or mitigation of foreclosure on the mortgage, or 
     other mortgage modification or workout, including any of the 
     following incentive payments under the Homeowner 
     Affordability and Stability Plan of the Secretary of the 
     Treasury:
       (i) The incentives under such Plan referred to as the ``Pay 
     for Success Incentives to Servicers'', which provide 
     servicers with an up-front fee of $1,000 for each eligible 
     modification meeting guidelines under the Plan and monthly 
     payments in an amount up to $1,000 each year for three years, 
     as long as the borrower stays current on the mortgage.
       (ii) The incentives under such Plan referred to as 
     ``Incentives to Help Borrowers Stay Current'', which provide 
     a monthly balance reduction payment that goes toward reducing 
     the principal balance of the mortgage loan, in an amount of 
     up to $1,000 for each year for five years, as long as a 
     borrower stays current on the mortgage.
       (iii) The incentives under such Plan referred to as 
     ``Reaching Borrowers Early'', which provide a payment of $500 
     to servicers, and a payment of $1,500 to mortgage holders, if 
     they modify at-risk loans before the borrower falls behind.
       (b) Requirement for Submission of TARP Foreclosure 
     Mitigation Plan to Congress.--Notwithstanding any provision 
     of title I of the Emergency Economic Stabilization Act of 
     2008, none of the funds otherwise available to the Secretary 
     of the Treasury pursuant to section 115(a)(3) of such Act may 
     be used by the Secretary for the prevention or mitigation of 
     foreclosures on mortgages on residential properties, unless--
       (1) a comprehensive plan for the use of the funds has been 
     submitted to the Congress by the Secretary and the 90-day 
     period that begins upon such submission has expired; and
       (2) the plan provides for equitable treatment of all 
     mortgagors, and does not limit assistance only to mortgagors 
     that are delinquent, or in danger of defaulting, on their 
     mortgages.

  Mr. PRICE of Georgia (during the reading). Mr. Speaker, I ask 
unanimous consent that the reading of the motion to recommit be 
suspended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Georgia is recognized for 
5 minutes.
  Mr. PRICE of Georgia. Mr. Speaker, at a time when the government is 
going to unprecedented lengths to stabilize the banking system, this 
legislation--the underlying legislation--is shortsighted, untimely, 
unfair, and counterproductive. While some might see cramdown as a quick 
fix, in reality, this legislation will have a costly impact on 
generations to come.
  Ranking Member Smith of the Judiciary Committee sent a thoughtful 
letter to the administration, raising concerns that this bill will lead 
to significant taxpayer liability for Federal mortgage guaranties by 
redistributing wealth from responsible taxpayers.
  The letter that Ranking Member Smith sent to the administration 
raised concerns about the underlying bill leading to significant 
taxpayer liability for Federal mortgage guaranties by redistributing 
wealth from responsible taxpayers to irresponsible borrowers and 
lenders by the hoarding by banks of hundreds of billions of dollars in 
capital while undermining the efforts that had been undertaken by the 
government in September to stabilize the financial markets.
  Finally, additional constriction in the home lending market: Markets 
are very stressed right now. The homeownership market is leading the 
way. There is more uncertainty than confidence. Many in America are 
having real financial problems, and we understand that. This bill only 
increases that uncertainty. If any Member truly desires fairness in the 
system of homeownership, then this motion to recommit will give them 
that assurance.
  The underlying bill leaves the door open to reward irresponsible 
actors, and our motion to recommit ensures that that doesn't happen. It 
would prohibit taxpayer assistance to any borrowers who misrepresented 
or lied about their income on their mortgage applications. It would 
prohibit taxpayer assistance to any lender who failed to follow proper 
underwriting standards. It would prohibit taxpayer funds from being 
used as incentives to lenders to rework loans for irresponsible 
borrowers, in essence, bribes from the taxpayer to pay mortgages. It 
would prohibit taxpayer funds from

[[Page H3022]]

being used unless the President submits a new plan that provides 
equitable treatment of all mortgages.

                              {time}  1745

  His current plan does not do that. Contrary to the words from 
President Obama, his plan rewards irresponsible behavior and continues 
a reckless course.
  What we're asking for instead is a plan that's fair to everyone, a 
plan that provides equitable treatment for everyone. All homeowners are 
struggling right now, and this plan in the underlying bill rewards bad 
behavior.
  The key aspects of the Obama administration's housing bailout 
proposal rewards irresponsible borrowers and lenders at the expense of 
the more than 90 percent of American families still making their 
mortgage payments on time. This is fundamentally unfair, and the 
American people know it.
  Mr. Speaker, our motion to recommit will ensure that unscrupulous and 
irresponsible actors will not be bailed out by the overwhelming 
majority of working families that have lived responsibly and within 
their means.
  I urge adoption of the motion to recommit.
  I yield back the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Speaker, I rise to oppose the motion 
to recommit.
  The SPEAKER pro tempore. The gentleman from Massachusetts is 
recognized for 5 minutes.
  Mr. FRANK of Massachusetts. Mr. Speaker, before turning to this 
motion to recommit, I have a serious subject I want to address.
  A number of Members have been concerned about the increased 
assessment that's hit community banks from the FDIC, in part because of 
failures to which they did not contribute. Today, the Chair of the 
FDIC, Sheila Bair, has written to our Senate counterparts to say that 
in effect, if we go ahead with the increase in FDIC borrowing 
authority--some of that is in this bill; it would be improved on in the 
Senate in ways that we agree with--but if she gets the increased 
borrowing authority, a process that begins in this bill, she will 
substantially reduce that assessment on the community banks.
  So voting for this bill will be an important step towards reducing 
the assessment of the community banks.
  I insert this letter into the Record at this point.

                                                   Federal Deposit


                                        Insurance Corporation,

                                    Washington, DC, March 5, 2009.
     Hon. Christopher J. Dodd,
     Chairman, Committee on Banking, Housing, and Urban Affairs 
         U.S. Senate, Washington, DC.
       Dear Mr. Chairman: I am writing to express my support for 
     the Depositor Protection Act of 2009, legislation to increase 
     the Federal Deposit Insurance Corporation's borrowing 
     authority with the Treasury Department if losses from failed 
     financial institutions exceed the industry funded resources 
     of the Deposit Insurance Fund (DIF).
       As you know, the FDIC's borrowing authority was set in 1991 
     at $30 billion and has not been raised since that date. 
     Assets in the banking industry have tripled since 1991, from 
     $4.5 trillion to $13.6 trillion. As I indicated in my 
     previous letter of January 26, 2009, the FDIC believes it is 
     prudent to adjust the statutory line of credit 
     proportionately to leave no doubt that the FDIC can 
     immediately access the necessary resources to resolve failing 
     banks and provide timely protection to insured depositors.
       The legislation would include important additional 
     authority for the FDIC and would rationalize the FDIC's 
     current borrowing authority. Under current law, the FDIC has 
     the authority to borrow up to $30 billion from Treasury to 
     cover losses incurred in insuring deposits up to $100,000. In 
     addition, when Congress temporarily increased deposit 
     insurance coverage to $250,000, it temporarily lifted all 
     limits on the FDIC's borrowing authority to implement the new 
     deposit insurance obligation.
       The bill would permanently increase the FDIC's authority to 
     borrow from Treasury from $30 billion to $100 billion. In 
     addition the bill also would temporarily authorize an 
     increase in that borrowing authority above $100 billion (but 
     not to exceed $500 billion) based on a process that would 
     require the concurrence of the FDIC, the Federal Reserve 
     Board, and the Treasury Department, in consultation with the 
     President.
       Because the existing borrowing authority for losses from 
     bank failures provides a thin margin of error, it was 
     necessary for the FDIC recently to impose increased 
     assessments on the banking industry. These assessments will 
     have a significant impact on insured financial institutions, 
     particularly during a financial crisis and recession when 
     banks must be a critical source of credit to the economy.
       The size of the special assessment reflected the FDIC's 
     responsibility to maintain adequate resources to cover 
     unforeseen losses. Increased borrowing authority, however, 
     would give the FDIC flexibility to reduce the size of the 
     recent special assessment, while still maintaining 
     assessments at a level that supports the DIF with industry 
     funding. While the industry would still pay assessments to 
     the DIF to cover projected losses and rebuild the Fund over 
     time, a lower special assessment would mitigate the impact on 
     banks at a time when they need to serve their communities and 
     revitalize the economy.
       In conclusion, the Depositor Protection Act would leave no 
     doubt that the FDIC will have the resources necessary to 
     address future contingencies and seamlessly fulfill the 
     government's commitment to protect insured depositors against 
     loss. I strongly support this legislation and look forward to 
     working with you to enact it into law.
           Sincerely,
                                                   Sheila C. Bair.

  Now, as to the motion to recommit, the gentleman from Georgia 
slightly under-described his amendment. Understatement is not his usual 
metier, but he alluded to it today. He said it would prevent, as I 
recall page 3, section C, help for any irresponsible borrower. No. It 
prevents mortgage assistance to any borrower, responsible or not, no 
matter what the cause. This proposal simply makes it impossible to 
carry out any mortgage relief.
  One of the things that the President said was we would go to the 
servicers who now can get a payment for foreclosure. And we would say 
under this bill, we would authorize a payment if they did a 
modification instead of a foreclosure. This amendment says no, that 
can't happen.
  We say here that we will work with the borrowers to reduce the amount 
that they are entitled to receive under the contract on the grounds 
that they would be better off avoiding foreclosure. It would have the 
Federal Government work with them in this. This would make it 
impossible.
  The gentleman from Georgia kind of made clear his general position 
when he began by denouncing the part of this bill that deals with 
bankruptcy. Now, of course, this amendment, as he's offered it, doesn't 
deal with bankruptcy. That's why I'm here instead of my colleague from 
Michigan. But the purpose is clear. His view is that there should not 
be a Federal program to try to diminish mortgage foreclosures.
  Here is the point. Diminution of mortgage foreclosures currently has 
a compassionate aspect. Not surprisingly, that has less appeal in some 
parts of this House than others. But there is also an enlightened self-
interest to it. Irresponsible subprime mortgage lending and borrowing 
and underwriting and securitizing a whole lot of guilty parties was the 
biggest single cause of the financial crisis we are in. The continued 
cascade of foreclosures and consequent deterioration of asset prices is 
the major reason why we have continued economic deterioration.
  There is broad agreement that until we begin to stem the tide of 
foreclosures--we can't stop it all, and we're not trying to stop it 
all; not everybody who's being foreclosed upon can be helped or should 
be helped--but until we do a great deal to reduce this, you will not 
get an end to the current crisis.
  So this is a direct shot. Now, I know I do not attribute this to the 
gentleman from Georgia, but there is, for instance, a noted commentator 
on public affairs, Mr. Limbaugh, who has a certain number of fans on 
that side--and if they aren't fans, they're afraid to say so. He has 
asked that the President fail. Well, the effect of this amendment would 
be giving Mr. Limbaugh his wish because if you cripple the effort to 
reduce mortgage foreclosure, you cripple the effort to get out of the 
economic slump we are in.
  So I understand what some people would like to see happen. They do 
not want President Obama and a Democratic Congress to get any credit 
for helping to reduce our economic situation. I understand that, but 
they're taking a lot of innocent people hostage. They have a right to 
be very partisan and go after us. But don't do it at the expense of an 
awful lot of Americans who would lose their homes and of an economic 
situation that is deteriorating.
  So I reiterate that defeating this motion and passing this bill will 
be an important step towards, among other things, reducing those FDIC 
assessments--and we have the word of Sheila Bair--and it will be a 
responsible way

[[Page H3023]]

of trying to reduce mortgage foreclosure. It's to the benefit of the 
individual, to the benefit of the communities that are suffering from 
this, it's to the benefit of other homeowners whose property values 
have deteriorated by foreclosure; and at last, I must concede to my 
Republican friends, it might help the President in his effort to 
improve the economy. I apologize for that, but I hope you can put up 
with it.
  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. PRICE of Georgia. 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 182, 
noes 242, not voting 7, as follows:

                             [Roll No. 103]

                               AYES--182

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Duncan
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Minnick
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--242

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--7

     Cao
     Coffman (CO)
     Ehlers
     Melancon
     Miller, Gary
     Perriello
     Stark


                Announcement by the Speaker Pro Tempore

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

                              {time}  1808

  Ms. HARMAN, Ms. LORETTA SANCHEZ of California and Mr. GUTIERREZ 
changed their vote from ``aye'' to ``no.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  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.
  Mr. FRANK of Massachusetts. 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 234, 
nays 191, not voting 7, as follows:

                             [Roll No. 104]

                               YEAS--234

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boswell
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kirkpatrick (AZ)
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (MA)
     Marshall
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Rangel

[[Page H3024]]


     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Sutton
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NAYS--191

     Aderholt
     Akin
     Alexander
     Arcuri
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boucher
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carney
     Carter
     Cassidy
     Chaffetz
     Childers
     Coble
     Cole
     Conaway
     Crenshaw
     Culberson
     Dahlkemper
     Davis (KY)
     Davis (TN)
     Deal (GA)
     Dent
     Dreier
     Duncan
     Edwards (TX)
     Ellsworth
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hill
     Hoekstra
     Holden
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kissell
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Markey (CO)
     Massa
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stupak
     Sullivan
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--7

     Cao
     Coffman (CO)
     Ehlers
     Melancon
     Miller, Gary
     Perriello
     Stark

                              {time}  1817

  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. GENE GREEN of Texas. Mr. Speaker, on rollcall No. 104, had I been 
present, I would have voted ``yea.''

                          ____________________