[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[House]
[Pages H4412-H4415]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT

  The SPEAKER pro tempore (Mr. Altmire). The unfinished business is 
consideration of the bill (H.R. 1256) to protect the public health by 
providing the Food and Drug Administration with certain authority to 
regulate tobacco products.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. When further proceedings were postponed on 
the bill, all time for debate on the amendment offered by the gentleman 
from Indiana (Mr. Buyer) had expired.
  Pursuant to House Resolution 307, the previous question is ordered on 
the bill, as amended, and on the amendment by the gentleman from 
Indiana.
  The question is on the amendment by the gentleman from Indiana.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. BUYER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 142, 
noes 284, not voting 5, as follows:

                             [Roll No. 185]

                               AYES--142

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Barrett (SC)
     Barton (TX)
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Boozman
     Boustany
     Boyd
     Brady (TX)
     Bright
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Carter
     Cassidy
     Coble
     Coffman (CO)
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Etheridge
     Fleming
     Forbes
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Hill
     Hoekstra
     Hunter
     Inglis
     Issa
     Johnson, Sam
     Jones
     King (IA)
     King (NY)
     Kingston
     Kissell
     Kline (MN)
     Latham
     LaTourette
     Lewis (CA)
     Luetkemeyer
     Lungren, Daniel E.
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (NC)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Pastor (AZ)
     Paulsen
     Pence
     Perriello
     Peterson
     Petri
     Pitts
     Posey
     Putnam
     Radanovich
     Rahall
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Smith (NE)
     Smith (TX)
     Souder
     Spratt
     Stearns
     Sullivan
     Tanner
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Wamp
     Whitfield
     Wilson (SC)
     Wittman
     Young (AK)
     Young (FL)

                               NOES--284

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (NY)
     Blumenauer
     Boccieri
     Bono Mack
     Boren
     Boswell
     Boucher
     Brady (PA)
     Braley (IA)
     Broun (GA)
     Brown, Corrine
     Brown-Waite, Ginny
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herger
     Herseth Sandlin
     Higgins
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirk
     Kirkpatrick (AZ)
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lujan
     Lummis
     Lynch
     Mack
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Paul
     Payne
     Perlmutter
     Peters
     Pingree (ME)
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Price (GA)
     Price (NC)
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rohrabacher
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta

[[Page H4413]]


     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Stark
     Stupak
     Sutton
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--5

     Blunt
     Hinojosa
     Miller, Gary
     Pascrell
     Westmoreland

                              {time}  1132

  Messrs. GRIFFITH and LATTA and Ms. SPEIER changed their vote from 
``aye'' to ``no.''
  Mr. COFFMAN of Colorado changed his vote from ``no'' to ``aye.''
  So the amendment 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 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. ROGERS of Michigan. Mr. Speaker, I have a motion to recommit at 
the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. ROGERS of Michigan. In its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Rogers of Michigan moves to recommit the bill (H.R. 
     1256) to the Committee on Energy and Commerce with 
     instructions to report the same back to the House forthwith 
     with the following amendment:
       In section 919(c)(2) of the Federal Food, Drug, and 
     Cosmetic Act, as added by section 101(b)(3) of the bill, 
     amend subparagraph (B) to read as follows:
       ``(B) Prohibition against use of other funds.--Fees 
     collected under subsection (a) are the only funds authorized 
     to be made available for the purpose described in 
     subparagraph (A).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Rogers) is recognized for 5 minutes to support his 
motion.
  Mr. ROGERS of Michigan. Mr. Speaker, I want to thank my friends for 
bringing up and working on an issue that we all know is troublesome, 
smoking in America. We certainly don't want our kids to do it. We 
wouldn't wish it on any family. And sometimes we disagree on the 
smallest things and the paths to get there. And I think this is one of 
those occasions. But some of those differences have huge consequences. 
We even offered an amendment to say to the FDA if you're going to give 
them this authority, you ought to be able to get nicotine out of 
cigarettes. And the majority said ``no.''
  So what we are going to do is we're going to have them create this 
whole new government structure to approve or authorize or regulate a 
drug that, if used as directed, will kill you--for the first time in 
the history of the FDA. It is a problem. But as long as we get to this 
place of eliminating smoking, maybe we are moving forward.
  But here is a huge problem, and I hope my colleagues listen well. 
Because for several years during the course of this bill, we have been 
told and told again and told again that this will not impact the 
general fund of the FDA. It will not. But, in fact, it will. There is a 
dangerous loophole in this bill, and we together today can close it. I 
will tell you why this is important. Because it does allow in the bill 
specifically for money to come from the general fund of the FDA to get 
this thing going for as long as 6 months. Six months doesn't seem like 
a long time. But let me tell you, the FDA is strapped for resources and 
failing in many of its core missions.
  Many of us here agree with that. We have often said it is not meeting 
its mission requirements. We need to give them more, more resources. 
This bill today takes away precious resources from some of the most 
dangerous diseases and cures that may be on their way at the time they 
don't need it. Do you realize last year the FDA inspected roughly 6,000 
of 189,000 food facilities under its jurisdiction? Three percent. 
Americans eat food imported from 150 countries where they are processed 
in 189,000 plants, scattered from China to Fiji. But in 2007, the FDA 
inspected just 96 of those plants.
  You pose to the new FDA Commissioner a very dangerous set of policy 
decisions. Do I not inspect food plants to get this new regulation 
going today or for the next 6 months? The last salmonella outbreak had 
550 illnesses and eight deaths. You will make, today, the FDA 
Commissioner choose between one more inspection and catching one more 
bad outbreak of salmonella or stepping up and starting to regulate, in 
this new way, tobacco at the FDA. The salmonella outbreak cost the 
industry about $100 million just for tomatoes last year alone. People 
are dying because we are not meeting our obligations for food safety. 
This bill jeopardizes the Commissioner from meeting that core and 
important element in food safety in the United States.
  But that is not all. Chronic pain. We are very close. They have new 
technology that is getting close to being approved by the FDA. You will 
make that Commissioner stand up and say, ``I'm sorry that you have 
arthritis and have waited and prayed every day of your life for that 
cure, that new medicine that is going to alleviate your pain and give 
you a quality of life. I'm sorry, we have to wait 6 months for that 
cure.'' Six months does mean a lot.
  Pediatric cancer, we are very close to some great treatments, some 
great treatments. If it is your son or your daughter in your family, 
are you willing to say, let's wait 6 months for that cure, for that 
medicine, for that very treatment that may save your life? You make the 
FDA Commissioner choose when you pass this bill today if we don't close 
this loophole. It is not done.
  Biologic drugs, we all know how important they are, what kind of 
cures they can bring, the innovation. They are already hurting 
economically. You're telling them, ``wait 6 months for that new cure 
for whatever disease ails you because we want to get this bureaucracy 
started at the FDA and take some of those resources.'' What scientist 
are we going to ask that Commissioner to remove from the bench to do 
that study for 6 months to find that cure? That is what we are doing 
today if we don't close this loophole.
  Alzheimer's, we have some great cures. But they keep telling us they 
need additional resources to meet the demands on the new medicines that 
are coming forward to either alleviate pain or alleviate the disease or 
slow it or even cure it, God help us all if we can do that soon. But 
you make the Commissioner decide, today, to stop that research, to stop 
that process, to slow down the clinical trial so we can institute this 
new bureaucracy on cigarettes at the FDA.
  Some pretty exciting stuff on HPV, cervical cancer is in the works.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. ROGERS of Michigan. I will end with this because I can go on and 
on about all the diseases that mean so much to all of us, a very simple 
thing, close this dangerous loophole, vote for this motion to recommit, 
protect the families, stand with them as they pray each night for a 
cure for their diseases.


                Announcement By the Speaker Pro Tempore

  The SPEAKER pro tempore. All Members are reminded to address their 
remarks to the Chair. All Members are reminded not to traffic the well 
while other Members are under recognition.
  Mr. WAXMAN. Mr. Speaker, I rise in opposition to the motion to 
recommit.
  The SPEAKER pro tempore. The gentleman from California is recognized 
for 5 minutes.
  Mr. WAXMAN. Mr. Speaker, my colleagues, this bill will not divert 
resources away from other important functions at the Food and Drug 
Administration. It is fully funded by a user fee from the tobacco 
industry. And that user fee will fund this effort, and none of the 
funds to deal with tobacco will come out of other activities at FDA. 
But there is an exception. In the beginning, until the user fees are 
collected and disbursed, we want FDA to get going. So we allow the FDA 
to borrow money, no more than for two quarters, from the general 
revenue. But they have to pay it back. That is the only use of general 
revenues that

[[Page H4414]]

would be borrowed under this motion to recommit.
  Now, the American Cancer Society is supporting our legislation. Would 
they support our legislation if it diverted the FDA from review of 
drugs that cancer patients rely on to save their lives? The same is 
true of all the other health groups that support our bill. They believe 
this bill accomplishes effective tobacco regulation without diverting 
the FDA from lifesaving activities that the FDA must undertake.
  The bill is supported by 1,000 public health and other groups, 
including the Heart Association, the Lung Association, the Cancer 
Society and the American Public Health Association. They would not 
support this bill if it did what the gentleman from Michigan claims it 
does, because his claim is inaccurate. And these groups know that. And 
that is why they are supporting the Waxman-Platts legislation.
  Simply put, the Waxman-Platts bill makes absolutely clear that the 
tobacco program will not detract from FDA's other activities, and we 
shouldn't delay the regulation of tobacco, which is really the impact 
of this motion to recommit should it be adopted. We shouldn't delay 
this long overdue measure based on a misplaced concern about FDA's 
other resource challenges.
  So I would urge my colleagues to vote against this motion to recommit 
and to vote for the underlying bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. ROGERS of Michigan. 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 169, 
noes 256, not voting 6, as follows:

                             [Roll No. 186]

                               AYES--169

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Cuellar
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Duncan
     Ellsworth
     Emerson
     Etheridge
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     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)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Kline (MN)
     Lamborn
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Perriello
     Petri
     Pitts
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walden
     Wamp
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--256

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bono Mack
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gingrey (GA)
     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
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Mack
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     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
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--6

     Blunt
     Hinojosa
     Kaptur
     Miller, Gary
     Pascrell
     Westmoreland

                              {time}  1200

  Mr. TEAGUE changed his vote from ``aye'' to ``no.''
  Messrs. WALDEN of Oregon, RADANOVICH and WHITFIELD changed their vote 
from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. McGOVERN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 298, 
noes 112, not voting 21, as follows:

                             [Roll No. 187]

                               AYES--298

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Bean
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (NY)
     Blumenauer
     Boccieri
     Bono Mack
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Camp
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Carnahan
     Carson (IN)
     Cassidy
     Castle
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr

[[Page H4415]]


     Fattah
     Filner
     Fleming
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     LaTourette
     Lee (CA)
     Lee (NY)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCollum
     McDermott
     McGovern
     McHugh
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Peters
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Putnam
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Yarmuth
     Young (AK)
     Young (FL)

                               NOES--112

     Aderholt
     Akin
     Alexander
     Bachmann
     Barrett (SC)
     Barton (TX)
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Boozman
     Boustany
     Bright
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Campbell
     Carter
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Culberson
     Davis (KY)
     Davis (TN)
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Flake
     Forbes
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kirkpatrick (AZ)
     Kissell
     Kline (MN)
     Lamborn
     Latham
     Latta
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Marchant
     McClintock
     McCotter
     McHenry
     McIntyre
     Mica
     Miller (FL)
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Pence
     Perriello
     Peterson
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Radanovich
     Roe (TN)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shuler
     Shuster
     Smith (NE)
     Souder
     Stearns
     Sullivan
     Thompson (PA)
     Thornberry
     Tiahrt
     Whitfield
     Wilson (SC)

                             NOT VOTING--21

     Becerra
     Bishop (GA)
     Blunt
     Broun (GA)
     Cardoza
     Carney
     Gonzalez
     Grijalva
     Gutierrez
     Hinojosa
     Larson (CT)
     Levin
     Lujan
     Miller, Gary
     Napolitano
     Pascrell
     Roybal-Allard
     Salazar
     Velazquez
     Westmoreland
     Wu

                              {time}  1207

  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. WU. Mr. Speaker, I rise to inform the House that I missed 
rollcall No. 187. If I had been present I would have voted ``aye'' on 
the final passage of H.R. 1256. Mrs. NAPOLITANO. Mr. Speaker, on 
Thursday, April 2, 2009, I was delayed in a Congressional Hispanic 
Caucus meeting and was not able to vote on rollcall No. 187. Had I been 
present, I would have voted ``aye'' on passage of H.R. 1256--Family 
Smoking Prevention and Tobacco Control Act.

  Ms. GRANGER. Mr. Speaker, on rollcall No. 187, I inadvertently 
pressed the ``no'' button. I meant to vote ``aye'' on passage of H.R. 
1256.
  Mr. BISHOP of Georgia. Mr. Speaker, during rollcall vote No. 187 on 
H.R. 1256, I was unavoidably detained. Had I been present, I would have 
voted ``aye.''
  Mr. SALAZAR. Mr. Speaker, today the House voted on final passage of 
H.R. 1256, The Family Smoking Prevention and Tobacco Control Act. I was 
unavoidably detained and was unable to be here for the vote. Had I been 
present, I would have voted ``aye'' on the bill.
  Mr. BECERRA. Mr. Speaker, I was detained in an elevator in the 
Capitol building due to a mechanical malfunction earlier today. As a 
result, I missed rollcall vote 187 on passage of H.R. 1256, Family 
Smoking Prevention and Tobacco Control Act. If present, I would have 
voted ``aye.''
  Mr. LUJAN. Mr. Speaker, on rollcall No. 187 I was held up in a 
meeting and unable to vote due to delayed elevators. Had I been 
present, I would have voted ``aye.''
  Ms. ROYBAL-ALLARD. Mr. Speaker, on rollcall No. 187, due to delayed 
elevators. I was unable to get to the Chamber in time to note. Had I 
been present, I would have voted ``aye.''
  Mr. GRIJALVA. Mr. Speaker, on rollcall No. 187, the elevator was 
delayed, and I missed the vote. Had I been present, I would have voted 
``aye.''
  Ms. VELAZQUEZ. Mr. Speaker, on rollcall No. 187 I was held up in a 
meeting and unable to vote. Had I been present, I would have voted 
``aye.''
  Mr. GUTIERREZ. Mr. Speaker, on rollcall No. 187 I was held up in a 
meeting and unable to vote. Had I been present, I would have voted 
``aye.''
  Mr. LARSON of Connecticut. Madam Speaker, on April 2, 2009, I missed 
one vote regarding H.R. 1256, the Family Smoking Prevention and Tobacco 
Control Act. Had I been present, I would have voted ``yea'' on final 
passage (rollcall vote 187).

                          ____________________