[Congressional Record Volume 155, Number 185 (Thursday, December 10, 2009)]
[House]
[Pages H14729-H14738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         WALL STREET REFORM AND CONSUMER PROTECTION ACT OF 2009

  The SPEAKER pro tempore. Pursuant to House Resolution 964 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. 4173.

                              {time}  2052


                     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. 4173) to provide for financial regulatory reform, to 
protect consumers and investors, to enhance Federal understanding of 
insurance issues, to regulate the over-the-counter derivatives markets, 
and for other purposes, with Ms. Edwards of Maryland (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. 14 printed in House 
Report 111-370 by the gentleman from California (Mr. McCarthy) had been 
postponed.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 111-370 on 
which further proceedings were postponed, in the following order:
  Amendment No. 1, as modified, by Mr. Frank of Massachusetts.
  Amendment No. 2 by Mr. Sessions of Texas.
  Amendment No. 5 by Mr. Lynch of Massachusetts.
  Amendment No. 6 by Mr. Murphy of New York.
  Amendment No. 7 by Mr. Frank of Massachusetts.
  Amendment No. 8 by Mr. Stupak of Michigan.
  Amendment No. 9 by Mr. Stupak 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, as Modified, Offered by Mr. Frank of Massachusetts

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. Frank) 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 240, 
noes 182, not voting 18, as follows:

                             [Roll No. 953]

                               AYES--240

     Abercrombie
     Ackerman
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Boccieri
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson, E. B.
     Kagen
     Kanjorski
     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
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman (NJ)
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     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

                               NOES--182

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Berry
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Halvorson
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hodes
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     Kaptur
     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
     Massa
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McKeon
     McMorris Rodgers
     Meek (FL)
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     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
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--18

     Baldwin
     Barrett (SC)
     Bordallo
     Clarke
     Deal (GA)
     DeFazio
     Hoyer
     Johnson (GA)
     Lofgren, Zoe
     McHenry
     Moran (VA)
     Murtha
     Radanovich
     Richardson
     Roybal-Allard
     Schauer
     Scott (GA)
     Slaughter

                              {time}  2118

  Messrs. CAMPBELL and SHUSTER changed their vote from ``aye'' to 
``no.''
  Mr. VISCLOSKY 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:
  Ms. CLARKE. Madam Chair, on rollcall No. 953 for the Frank of 
Massachusetts Amendment as modified, had I been present, I would have 
voted ``aye.''
  Mr. SCOTT of Georgia. Madam Chair, on rollcall No. 953, the Frank of 
Massachusetts Amendment as modified, I was unable to vote. Had I been 
present, I would have voted ``aye.''


                Amendment No. 2 Offered by Mr. Sessions

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the

[[Page H14730]]

gentleman from Texas (Mr. Sessions) 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 172, 
noes 257, not voting 11, as follows:

                             [Roll No. 954]

                               AYES--172

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     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
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     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
     McCarthy (CA)
     McClintock
     McCotter
     McHenry
     McKeon
     McMahon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Schrader
     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--257

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     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
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gohmert
     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 (IL)
     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
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Rodriguez
     Rohrabacher
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     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--11

     Baldwin
     Barrett (SC)
     Bordallo
     Deal (GA)
     Lofgren, Zoe
     McCaul
     Moran (VA)
     Murtha
     Radanovich
     Richardson
     Slaughter


                    Announcement by the Acting Chair

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

                              {time}  2125

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                  Amendment No. 5 Offered by Mr. Lynch

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. Lynch) 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 228, 
noes 202, not voting 10, as follows:

                             [Roll No. 955]

                               AYES--228

     Abercrombie
     Ackerman
     Andrews
     Arcuri
     Baca
     Baird
     Barrow
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Costello
     Courtney
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Faleomavaega
     Farr
     Fattah
     Filner
     Fortenberry
     Frank (MA)
     Fudge
     Garamendi
     Gerlach
     Giffords
     Gohmert
     Gonzalez
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Hall (NY)
     Hare
     Harman
     Harper
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inglis
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kissell
     Kucinich
     Langevin
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lowey
     Lujan
     Lynch
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matsui
     McCollum
     McCotter
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mollohan
     Moore (WI)
     Murphy (CT)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perriello
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman

[[Page H14731]]


     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--202

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Austria
     Bachmann
     Bachus
     Bartlett
     Bean
     Biggert
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Boyd
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Cardoza
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Crenshaw
     Crowley
     Culberson
     Davis (KY)
     Davis (TN)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Ehlers
     Etheridge
     Fallin
     Flake
     Fleming
     Forbes
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Griffith
     Guthrie
     Gutierrez
     Hall (TX)
     Halvorson
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hill
     Himes
     Hoekstra
     Hunter
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Lamborn
     Lance
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McHenry
     McKeon
     McMahon
     McMorris Rodgers
     Meek (FL)
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moore (KS)
     Moran (KS)
     Murphy (NY)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Perlmutter
     Peters
     Petri
     Pitts
     Poe (TX)
     Polis (CO)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Reichert
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Schrader
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Sullivan
     Tanner
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Titus
     Turner
     Walden
     Wamp
     Weiner
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Baldwin
     Barrett (SC)
     Bordallo
     Deal (GA)
     Lofgren, Zoe
     Moran (VA)
     Murtha
     Radanovich
     Richardson
     Slaughter


                    Announcement by the Acting Chair

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

                              {time}  2133

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


           Amendment No. 6 Offered by Mr. Murphy of New York

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New York 
(Mr. Murphy) 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 304, 
noes 124, not voting 12, as follows:

                             [Roll No. 956]

                               AYES--304

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Berkley
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Cardoza
     Carnahan
     Carney
     Carter
     Cassidy
     Castle
     Chaffetz
     Chandler
     Childers
     Christensen
     Coble
     Coffman (CO)
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Edwards (TX)
     Ehlers
     Ellison
     Emerson
     Engel
     Etheridge
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Green, Gene
     Griffith
     Guthrie
     Hall (NY)
     Hall (TX)
     Halvorson
     Harman
     Harper
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hodes
     Hoekstra
     Holden
     Hoyer
     Hunter
     Inglis
     Inslee
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Lamborn
     Lance
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Olson
     Ortiz
     Owens
     Paul
     Paulsen
     Pence
     Perlmutter
     Peters
     Petri
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Putnam
     Rahall
     Rangel
     Rehberg
     Reichert
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Scalise
     Schauer
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shea-Porter
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stearns
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Yarmuth
     Young (AK)
     Young (FL)

                               NOES--124

     Abercrombie
     Ackerman
     Andrews
     Becerra
     Berman
     Bishop (NY)
     Brady (PA)
     Braley (IA)
     Capps
     Capuano
     Carson (IN)
     Castor (FL)
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Courtney
     Dahlkemper
     DeGette
     Delahunt
     DeLauro
     Dingell
     Doggett
     Doyle
     Edwards (MD)
     Ellsworth
     Eshoo
     Faleomavaega
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Grayson
     Green, Al
     Grijalva
     Gutierrez
     Hare
     Hastings (FL)
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kucinich
     Langevin
     Larson (CT)
     Lee (CA)
     Loebsack
     Lowey
     Lynch
     Markey (MA)
     McCollum
     McDermott
     McGovern
     Miller (NC)
     Miller, George
     Moore (WI)
     Nadler (NY)
     Napolitano
     Norton
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perriello
     Peterson
     Pierluisi
     Pingree (ME)
     Price (NC)
     Quigley
     Reyes
     Rothman (NJ)
     Roybal-Allard
     Ryan (OH)
     Sablan
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Sestak
     Sherman
     Sires
     Speier
     Stark
     Stupak
     Sutton
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Woolsey
     Wu

                             NOT VOTING--12

     Baldwin
     Barrett (SC)
     Bordallo
     Costello
     Deal (GA)
     Lofgren, Zoe
     Moran (VA)
     Murtha
     Radanovich
     Richardson
     Slaughter
     Sullivan


                    Announcement by the Acting Chair

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

                              {time}  2139

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


         Amendment No. 7 Offered by Mr. Frank of Massachusetts

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr.

[[Page H14732]]

Frank) 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 150, 
noes 280, not voting 10, as follows:

                             [Roll No. 957]

                               AYES--150

     Abercrombie
     Ackerman
     Andrews
     Becerra
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Carnahan
     Carson (IN)
     Castor (FL)
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Costello
     Courtney
     Cummings
     Davis (IL)
     Davis (KY)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Driehaus
     Edwards (MD)
     Ellison
     Engel
     Eshoo
     Faleomavaega
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Grayson
     Green, Al
     Grijalva
     Hall (NY)
     Hare
     Hastings (FL)
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Israel
     Jackson (IL)
     Johnson (GA)
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kucinich
     Langevin
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lowey
     Lujan
     Lynch
     Maloney
     Markey (MA)
     Matsui
     McCollum
     McDermott
     McGovern
     Michaud
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perriello
     Pierluisi
     Pingree (ME)
     Price (NC)
     Quigley
     Rangel
     Reyes
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sablan
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--280

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Cardoza
     Carney
     Carter
     Cassidy
     Castle
     Chaffetz
     Chandler
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (TN)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Duncan
     Edwards (TX)
     Ehlers
     Ellsworth
     Emerson
     Etheridge
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Green, Gene
     Griffith
     Guthrie
     Gutierrez
     Hall (TX)
     Halvorson
     Harman
     Harper
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hodes
     Hoekstra
     Holden
     Hoyer
     Hunter
     Inglis
     Inslee
     Issa
     Jackson-Lee (TX)
     Jenkins
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Lamborn
     Lance
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Maffei
     Manzullo
     Marchant
     Markey (CO)
     Marshall
     Massa
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Mollohan
     Moran (KS)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Ortiz
     Owens
     Paul
     Paulsen
     Pence
     Perlmutter
     Peters
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Putnam
     Rahall
     Rehberg
     Reichert
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ruppersberger
     Ryan (WI)
     Salazar
     Scalise
     Schauer
     Schmidt
     Schock
     Schwartz
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Stearns
     Sullivan
     Tanner
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walden
     Walz
     Wamp
     Weiner
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Baldwin
     Barrett (SC)
     Bordallo
     Deal (GA)
     Lofgren, Zoe
     Moran (VA)
     Murtha
     Radanovich
     Richardson
     Slaughter


                    Announcement by the Acting Chair

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

                              {time}  2147

  Mr. BACA and Ms. JACKSON-LEE of Texas changed their vote from ``aye'' 
to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. DAVIS of Kentucky. Madam Chair, on rollcall No. 957 I 
inadvertently voted ``aye'' when I intended to vote ``no.''


                 Amendment No. 8 Offered by Mr. Stupak

  The Acting CHAIR (Mr. Sablan). The unfinished business is the demand 
for a recorded vote on the amendment offered by the gentleman from 
Michigan (Mr. Stupak) 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 98, 
noes 330, not voting 12, as follows:

                             [Roll No. 958]

                                AYES--98

     Abercrombie
     Andrews
     Barton (TX)
     Becerra
     Berman
     Blumenauer
     Braley (IA)
     Brown-Waite, Ginny
     Capps
     Castor (FL)
     Chandler
     Christensen
     Chu
     Clarke
     Clyburn
     Cohen
     Conyers
     Courtney
     Cummings
     DeFazio
     DeGette
     DeLauro
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards (MD)
     Ellison
     Eshoo
     Faleomavaega
     Farr
     Filner
     Garamendi
     Grayson
     Grijalva
     Hare
     Heinrich
     Hinchey
     Hirono
     Honda
     Israel
     Kaptur
     Kennedy
     Kildee
     Kucinich
     Langevin
     Larson (CT)
     Lee (CA)
     Lipinski
     Loebsack
     Lowey
     Lujan
     Lynch
     Markey (MA)
     McDermott
     McGovern
     Michaud
     Miller, George
     Murphy (CT)
     Murphy, Patrick
     Nadler (NY)
     Obey
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perriello
     Pierluisi
     Pingree (ME)
     Rothman (NJ)
     Roybal-Allard
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Serrano
     Shea-Porter
     Sherman
     Sires
     Stark
     Stearns
     Stupak
     Sutton
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Visclosky
     Watson
     Waxman
     Welch
     Woolsey
     Wu
     Yarmuth

                               NOES--330

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Barrow
     Bartlett
     Bean
     Berkley
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Clay
     Cleaver
     Coble
     Coffman (CO)
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Costello
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Delahunt
     Dent
     Diaz-Balart, L.
     Dicks
     Dreier
     Driehaus
     Duncan
     Edwards (TX)
     Ehlers
     Ellsworth
     Emerson
     Engel
     Etheridge
     Fallin
     Fattah
     Flake
     Fleming

[[Page H14733]]


     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Green, Al
     Green, Gene
     Griffith
     Guthrie
     Hall (NY)
     Hall (TX)
     Halvorson
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinojosa
     Hodes
     Hoekstra
     Holden
     Holt
     Hoyer
     Hunter
     Inglis
     Inslee
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Lamborn
     Lance
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Murphy (NY)
     Murphy, Tim
     Myrick
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Olson
     Ortiz
     Owens
     Paul
     Paulsen
     Pence
     Perlmutter
     Peters
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Sablan
     Salazar
     Scalise
     Schauer
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Sullivan
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Velazquez
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watt
     Weiner
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--12

     Baldwin
     Barrett (SC)
     Bordallo
     Deal (GA)
     Diaz-Balart, M.
     Gutierrez
     Lofgren, Zoe
     Moran (VA)
     Murtha
     Radanovich
     Richardson
     Slaughter


                    Announcement by the Acting Chair

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

                              {time}  2154

  Messrs. SABLAN and RUSH changed their vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                 Amendment No. 9 Offered by Mr. Stupak

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Michigan 
(Mr. Stupak) 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 150, 
noes 279, not voting 11, as follows:

                             [Roll No. 959]

                               AYES--150

     Abercrombie
     Ackerman
     Andrews
     Becerra
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Brady (PA)
     Braley (IA)
     Butterfield
     Capps
     Capuano
     Carney
     Carson (IN)
     Cassidy
     Castor (FL)
     Chandler
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Courtney
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Ellison
     Engel
     Eshoo
     Faleomavaega
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Gohmert
     Grayson
     Green, Al
     Green, Gene
     Gutierrez
     Hall (TX)
     Hare
     Hastings (FL)
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holt
     Honda
     Inslee
     Israel
     Jackson (IL)
     Johnson (GA)
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Klein (FL)
     Kucinich
     Langevin
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lowey
     Lujan
     Lynch
     Markey (MA)
     Matsui
     McCollum
     McDermott
     McGovern
     Michaud
     Miller (NC)
     Miller, George
     Moore (WI)
     Murphy (CT)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Obey
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Petri
     Pierluisi
     Pingree (ME)
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rothman (NJ)
     Roybal-Allard
     Ryan (OH)
     Sablan
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Stark
     Stupak
     Sutton
     Thompson (CA)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Woolsey
     Wu
     Yarmuth

                               NOES--279

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Cardoza
     Carnahan
     Carter
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis (TN)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Edwards (TX)
     Ehlers
     Ellsworth
     Emerson
     Etheridge
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Griffith
     Guthrie
     Hall (NY)
     Halvorson
     Harman
     Harper
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hoekstra
     Holden
     Hoyer
     Hunter
     Inglis
     Issa
     Jackson-Lee (TX)
     Jenkins
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Kline (MN)
     Kosmas
     Kratovil
     Lamborn
     Lance
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Marshall
     Massa
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy (NY)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Oberstar
     Olson
     Ortiz
     Owens
     Paul
     Paulsen
     Pence
     Peters
     Peterson
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Putnam
     Quigley
     Rehberg
     Reichert
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ruppersberger
     Rush
     Ryan (WI)
     Salazar
     Sanchez, Loretta
     Scalise
     Schauer
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stearns
     Sullivan
     Tanner
     Taylor
     Teague
     Terry
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--11

     Baldwin
     Barrett (SC)
     Bordallo
     Deal (GA)
     Grijalva
     Lofgren, Zoe
     Moran (VA)
     Murtha
     Radanovich
     Richardson
     Slaughter


                    Announcement by the Acting Chair

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

                              {time}  2201

  Ms. SPEIER changed her vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.

[[Page H14734]]

        Amendments En Bloc Offered by Mr. Frank of Massachusetts

  Mr. FRANK of Massachusetts. Mr. Chairman, pursuant to the authority 
granted to me under the rule, I offer amendments en bloc.
  The Acting CHAIR. The Clerk will designate the amendments en bloc.

       Amendments en bloc offered by Mr. Frank of Massachusetts 
     consisting of amendments numbered 11, 20, 21, 22, 23, 24, 27, 
     28, 34 and 25 printed in House Report 111-370.


                Amendment No. 11 Offered by Mr. Paulsen

  The text of the amendment is as follows:

       Page 21, line 23, insert ``and shall not be excluded from 
     any of the Council's proceedings, meetings, discussions and 
     deliberations'' after ``advisory capacity'':


                Amendment No. 20 Offered by Mr. Burgess

  The text of the amendment is as follows:

       Page 22, beginning on line 19, strike ``orderliness''.


                Amendment No. 21 Offered by Mr. Burgess

  The text of the amendment is as follows:

       Page 92, line 16, insert the following: ``The 
     aforementioned amounts shall be indexed to inflation.''


                Amendment No. 22 Offered by Mr. Burgess

  The text of the amendment is as follows:

       Page 58, line 4, insert after the period the following new 
     sentence: ``The Board shall define by rule or regulation the 
     term `significantly undercapitalized' at a threshold the 
     Board determines to be prudent for the effective monitoring, 
     management and oversight of the financial system.''.


                Amendment No. 23 Offered by Mr. Burgess

  The text of the amendment is as follows:

       Page 20, line 1, insert after ``possible'' the following: 
     ``, but no later than two (2) years,''.


                Amendment No. 24 Offered by Mr. Burgess

  The text of the amendment is as follows:

       Page 1185, beginning on line 10, strike ``have engaged in 
     information sharing or''.


                  Amendment No. 27 Offered by Mr. Dent

  The text of the amendment is as follows:

       At the end of the bill, insert the following new section:

     SEC. __. SENSE OF CONGRESS REGARDING SIMPLIFIED MORTGAGE 
                   CONTRACT SUMMARIES.

       It is the sense of Congress that mortgage lenders should 
     provide loan applicants with a simplified summary of their 
     loan contracts, including an easy-to-read list of the basic 
     loan terms, payment information, the existence of prepayment 
     penalties or balloon payments, and escrow information.

            Amendment No. 28 Offered by Mr. Moore of Kansas

  The text of the amendment is as follows:

       Add at the end the following new title (and update the 
     table of contents accordingly):

           TITLE VIII--NONADMITTED AND REINSURANCE REFORM ACT

     SECTION 10001. SHORT TITLE.

       This title may be cited as the ``Nonadmitted and 
     Reinsurance Reform Act of 2009''.

     SEC. 10002. EFFECTIVE DATE.

       Except as otherwise specifically provided in this title, 
     this title shall take effect upon the expiration of the 12-
     month period beginning on the date of the enactment of this 
     Act.

                   Subtitle A--Nonadmitted Insurance

     SEC. 10101. REPORTING, PAYMENT, AND ALLOCATION OF PREMIUM 
                   TAXES.

       (a) Home State's Exclusive Authority.-- No State other than 
     the home State of an insured may require any premium tax 
     payment for nonadmitted insurance.
       (b) Allocation of Nonadmitted Premium Taxes.--
       (1) In general.--The States may enter into a compact or 
     otherwise establish procedures to allocate among the States 
     the premium taxes paid to an insured's home State described 
     in subsection (a).
       (2) Effective date.--Except as expressly otherwise provided 
     in such compact or other procedures, any such compact or 
     other procedures--
       (A) if adopted on or before the expiration of the 330-day 
     period that begins on the date of the enactment of this Act, 
     shall apply to any premium taxes that, on or after such date 
     of enactment, are required to be paid to any State that is 
     subject to such compact or procedures; and
       (B) if adopted after the expiration of such 330-day period, 
     shall apply to any premium taxes that, on or after January 1 
     of the first calendar year that begins after the expiration 
     of such 330-day period, are required to be paid to any State 
     that is subject to such compact or procedures.
       (3) Report.--Upon the expiration of the 330-day period 
     referred to in paragraph (2), the NAIC may submit a report to 
     the Committee on Financial Services and Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Banking, Housing, and Urban Affairs of the Senate 
     identifying and describing any compact or other procedures 
     for allocation among the States of premium taxes that have 
     been adopted during such period by any States.
       (4) Nationwide system.--The Congress intends that each 
     State adopt nationwide uniform requirements, forms, and 
     procedures, such as an interstate compact, that provides for 
     the reporting, payment, collection, and allocation of premium 
     taxes for nonadmitted insurance consistent with this section.
       (c) Allocation Based on Tax Allocation Report.--To 
     facilitate the payment of premium taxes among the States, an 
     insured's home State may require surplus lines brokers and 
     insureds who have independently procured insurance to 
     annually file tax allocation reports with the insured's home 
     State detailing the portion of the nonadmitted insurance 
     policy premium or premiums attributable to properties, risks 
     or exposures located in each State. The filing of a 
     nonadmitted insurance tax allocation report and the payment 
     of tax may be made by a person authorized by the insured to 
     act as its agent.

     SEC. 10102. REGULATION OF NONADMITTED INSURANCE BY INSURED'S 
                   HOME STATE.

       (a) Home State Authority.--Except as otherwise provided in 
     this section, the placement of nonadmitted insurance shall be 
     subject to the statutory and regulatory requirements solely 
     of the insured's home State.
       (b) Broker Licensing.--No State other than an insured's 
     home State may require a surplus lines broker to be licensed 
     in order to sell, solicit, or negotiate nonadmitted insurance 
     with respect to such insured.
       (c) Enforcement Provision.--With respect to section 10101 
     and subsections (a) and (b) of this section, any law, 
     regulation, provision, or action of any State that applies or 
     purports to apply to nonadmitted insurance sold to, solicited 
     by, or negotiated with an insured whose home State is another 
     State shall be preempted with respect to such application.
       (d) Workers' Compensation Exception.--This section may not 
     be construed to preempt any State law, rule, or regulation 
     that restricts the placement of workers' compensation 
     insurance or excess insurance for self-funded workers' 
     compensation plans with a nonadmitted insurer.

     SEC. 10103. PARTICIPATION IN NATIONAL PRODUCER DATABASE.

       After the expiration of the 2-year period beginning on the 
     date of the enactment of this Act, a State may not collect 
     any fees relating to licensing of an individual or entity as 
     a surplus lines broker in the State unless the State has in 
     effect at such time laws or regulations that provide for 
     participation by the State in the national insurance producer 
     database of the NAIC, or any other equivalent uniform 
     national database, for the licensure of surplus lines brokers 
     and the renewal of such licenses.

     SEC. 10104. UNIFORM STANDARDS FOR SURPLUS LINES ELIGIBILITY.

       A State may not--
       (1) impose eligibility requirements on, or otherwise 
     establish eligibility criteria for, nonadmitted insurers 
     domiciled in a United States jurisdiction, except in 
     conformance with such requirements and criteria in sections 
     5A(2) and 5C(2)(a) of the Non-Admitted Insurance Model Act, 
     unless the State has adopted nationwide uniform requirements, 
     forms, and procedures developed in accordance with section 
     10101(b) of this title that include alternative nationwide 
     uniform eligibility requirements; and
       (2) prohibit a surplus lines broker from placing 
     nonadmitted insurance with, or procuring nonadmitted 
     insurance from, a nonadmitted insurer domiciled outside the 
     United States that is listed on the Quarterly Listing of 
     Alien Insurers maintained by the International Insurers 
     Department of the NAIC.

     SEC. 10105. STREAMLINED APPLICATION FOR COMMERCIAL 
                   PURCHASERS.

       A surplus lines broker seeking to procure or place 
     nonadmitted insurance in a State for an exempt commercial 
     purchaser shall not be required to satisfy any State 
     requirement to make a due diligence search to determine 
     whether the full amount or type of insurance sought by such 
     exempt commercial purchaser can be obtained from admitted 
     insurers if--
       (1) the broker procuring or placing the surplus lines 
     insurance has disclosed to the exempt commercial purchaser 
     that such insurance may or may not be available from the 
     admitted market that may provide greater protection with more 
     regulatory oversight; and
       (2) the exempt commercial purchaser has subsequently 
     requested in writing the broker to procure or place such 
     insurance from a nonadmitted insurer.

     SEC. 10106. GAO STUDY OF NONADMITTED INSURANCE MARKET.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of the nonadmitted insurance 
     market to determine the effect of the enactment of this 
     subtitle on the size and market share of the nonadmitted 
     insurance market for providing coverage typically provided by 
     the admitted insurance market.
       (b) Contents.--The study shall determine and analyze--
       (1) the change in the size and market share of the 
     nonadmitted insurance market and in the number of insurance 
     companies and insurance holding companies providing such

[[Page H14735]]

     business in the 18-month period that begins upon the 
     effective date of this Act;
       (2) the extent to which insurance coverage typically 
     provided by the admitted insurance market has shifted to the 
     nonadmitted insurance market;
       (3) the consequences of any change in the size and market 
     share of the nonadmitted insurance market, including 
     differences in the price and availability of coverage 
     available in both the admitted and nonadmitted insurance 
     markets;
       (4) the extent to which insurance companies and insurance 
     holding companies that provide both admitted and nonadmitted 
     insurance have experienced shifts in the volume of business 
     between admitted and nonadmitted insurance; and
       (5) the extent to which there has been a change in the 
     number of individuals who have nonadmitted insurance 
     policies, the type of coverage provided under such policies, 
     and whether such coverage is available in the admitted 
     insurance market.
       (c) Consultation With NAIC.--In conducting the study under 
     this section, the Comptroller General shall consult with the 
     NAIC.
       (d) Report.--The Comptroller General shall complete the 
     study under this section and submit a report to the Committee 
     on Financial Services of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate regarding the findings of the study not later than 30 
     months after the effective date of this Act.

     SEC. 10107. DEFINITIONS.

       For purposes of this subtitle, the following definitions 
     shall apply:
       (1) Admitted insurer.--The term ``admitted insurer'' means, 
     with respect to a State, an insurer licensed to engage in the 
     business of insurance in such State.
       (2) Affiliate.--The term ``affiliate'' means, with respect 
     to an insured, any entity that controls, is controlled by, or 
     is under common control with the insured.
       (3) Affiliated group.--The term ``affiliated group'' means 
     any group of entities that are all affiliated.
       (4) Control.--An entity has ``control'' over another entity 
     if--
       (A) the entity directly or indirectly or acting through one 
     or more other persons owns, controls or has the power to vote 
     25 percent or more of any class of voting securities of the 
     other entity; or
       (B) the entity controls in any manner the election of a 
     majority of the directors or trustees of the other entity.
       (5) Exempt commercial purchaser.--The term ``exempt 
     commercial purchaser'' means any person purchasing commercial 
     insurance that, at the time of placement, meets the following 
     requirements:
       (A) The person employs or retains a qualified risk manager 
     to negotiate insurance coverage.
       (B) The person has paid aggregate nationwide commercial 
     property and casualty insurance premiums in excess of 
     $100,000 in the immediately preceding 12 months.
       (C)(i) The person meets at least one of the following 
     criteria:

       (I) The person possesses a net worth in excess of 
     $20,000,000, as such amount is adjusted pursuant to clause 
     (ii).
       (II) The person generates annual revenues in excess of 
     $50,000,000, as such amount is adjusted pursuant to clause 
     (ii).
       (III) The person employs more than 500 full time or full 
     time equivalent employees per individual insured or is a 
     member of an affiliated group employing more than 1,000 
     employees in the aggregate.
       (IV) The person is a not-for-profit organization or public 
     entity generating annual budgeted expenditures of at least 
     $30,000,000, as such amount is adjusted pursuant to clause 
     (ii).
       (V) The person is a municipality with a population in 
     excess of 50,000 persons.

       (ii) Effective on the fifth January 1 occurring after the 
     date of the enactment of this Act and each fifth January 1 
     occurring thereafter, the amounts in subclauses (I), (II), 
     and (IV) of clause (i) shall be adjusted to reflect the 
     percentage change for such five-year period in the Consumer 
     Price Index for All Urban Consumers published by the Bureau 
     of Labor Statistics of the Department of Labor.
       (6) Home state.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``home State'' means, with respect to an insured--
       (i) the State in which an insured maintains its principal 
     place of business or, in the case of an individual, the 
     individual's principal residence; or
       (ii) if 100 percent of the insured risk is located out of 
     the State referred to in subparagraph (A), the State to which 
     the greatest percentage of the insured's taxable premium for 
     that insurance contract is allocated.
       (B) Affiliated groups.--If more than one insured from an 
     affiliated group are named insureds on a single nonadmitted 
     insurance contract, the term ``home State'' means the home 
     State, as determined pursuant to subparagraph (A), of the 
     member of the affiliated group that has the largest 
     percentage of premium attributed to it under such insurance 
     contract.
       (7) Independently procured insurance.--The term 
     ``independently procured insurance'' means insurance procured 
     directly by an insured from a nonadmitted insurer.
       (8) NAIC.--The term ``NAIC'' means the National Association 
     of Insurance Commissioners or any successor entity.
       (9) Nonadmitted insurance.--The term ``nonadmitted 
     insurance'' means any property and casualty insurance 
     permitted to be placed directly or through a surplus lines 
     broker with a nonadmitted insurer eligible to accept such 
     insurance.
       (10) Non-admitted insurance model act.--The term ``Non-
     Admitted Insurance Model Act'' means the provisions of the 
     Non-Admitted Insurance Model Act, as adopted by the NAIC on 
     August 3, 1994, and amended on September 30, 1996, December 
     6, 1997, October 2, 1999, and June 8, 2002.
       (11) Nonadmitted insurer.--The term ``nonadmitted insurer'' 
     means, with respect to a State, an insurer not licensed to 
     engage in the business of insurance in such State.
       (12) Qualified risk manager.--The term ``qualified risk 
     manager'' means, with respect to a policyholder of commercial 
     insurance, a person who meets all of the following 
     requirements:
       (A) The person is an employee of, or third party consultant 
     retained by, the commercial policyholder.
       (B) The person provides skilled services in loss 
     prevention, loss reduction, or risk and insurance coverage 
     analysis, and purchase of insurance.
       (C) The person--
       (i)(I) has a bachelor's degree or higher from an accredited 
     college or university in risk management, business 
     administration, finance, economics, or any other field 
     determined by a State insurance commissioner or other State 
     regulatory official or entity to demonstrate minimum 
     competence in risk management; and

       (II)(aa) has three years of experience in risk financing, 
     claims administration, loss prevention, risk and insurance 
     analysis, or purchasing commercial lines of insurance; or

       (bb) has one of the following designations:
       (AA) a designation as a Chartered Property and Casualty 
     Underwriter (in this subparagraph referred to as ``CPCU'') 
     issued by the American Institute for CPCU/Insurance Institute 
     of America;
       (BB) a designation as an Associate in Risk Management (ARM) 
     issued by the American Institute for CPCU/Insurance Institute 
     of America;
       (CC) a designation as Certified Risk Manager (CRM) issued 
     by the National Alliance for Insurance Education & Research;
       (DD) a designation as a RIMS Fellow (RF) issued by the 
     Global Risk Management Institute; or
       (EE) any other designation, certification, or license 
     determined by a State insurance commissioner or other State 
     insurance regulatory official or entity to demonstrate 
     minimum competency in risk management;
       (ii)(I) has at least seven years of experience in risk 
     financing, claims administration, loss prevention, risk and 
     insurance coverage analysis, or purchasing commercial lines 
     of insurance; and

       (II) has any one of the designations specified in subitems 
     (AA) through (EE) of clause (i)(II)(bb);

       (iii) has at least 10 years of experience in risk 
     financing, claims administration, loss prevention, risk and 
     insurance coverage analysis, or purchasing commercial lines 
     of insurance; or
       (iv) has a graduate degree from an accredited college or 
     university in risk management, business administration, 
     finance, economics, or any other field determined by a State 
     insurance commissioner or other State regulatory official or 
     entity to demonstrate minimum competence in risk management.
       (13) Premium tax.--The term ``premium tax'' means, with 
     respect to surplus lines or independently procured insurance 
     coverage, any tax, fee, assessment, or other charge imposed 
     by a government entity directly or indirectly based on any 
     payment made as consideration for an insurance contract for 
     such insurance, including premium deposits, assessments, 
     registration fees, and any other compensation given in 
     consideration for a contract of insurance.
       (14) Surplus lines broker.--The term ``surplus lines 
     broker'' means an individual, firm, or corporation which is 
     licensed in a State to sell, solicit, or negotiate insurance 
     on properties, risks, or exposures located or to be performed 
     in a State with nonadmitted insurers.
       (15) State.--The term ``State'' includes any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, the Northern Mariana Islands, the Virgin 
     Islands, and American Samoa.

                        Subtitle B--Reinsurance

     SEC. 10201. REGULATION OF CREDIT FOR REINSURANCE AND 
                   REINSURANCE AGREEMENTS.

       (a) Credit for Reinsurance.--If the State of domicile of a 
     ceding insurer is an NAIC-accredited State, or has financial 
     solvency requirements substantially similar to the 
     requirements necessary for NAIC accreditation, and recognizes 
     credit for reinsurance for the insurer's ceded risk, then no 
     other State may deny such credit for reinsurance.
       (b) Additional Preemption of Extraterritorial Application 
     of State Law.--In addition to the application of subsection 
     (a), all laws, regulations, provisions, or other actions of a 
     State that is not the domiciliary State of the ceding 
     insurer, except those with respect to taxes and assessments 
     on insurance companies or insurance income, are preempted to 
     the extent that they--

[[Page H14736]]

       (1) restrict or eliminate the rights of the ceding insurer 
     or the assuming insurer to resolve disputes pursuant to 
     contractual arbitration to the extent such contractual 
     provision is not inconsistent with the provisions of title 9, 
     United States Code;
       (2) require that a certain State's law shall govern the 
     reinsurance contract, disputes arising from the reinsurance 
     contract, or requirements of the reinsurance contract;
       (3) attempt to enforce a reinsurance contract on terms 
     different than those set forth in the reinsurance contract, 
     to the extent that the terms are not inconsistent with this 
     subtitle; or
       (4) otherwise apply the laws of the State to reinsurance 
     agreements of ceding insurers not domiciled in that State.

     SEC. 10202. REGULATION OF REINSURER SOLVENCY.

       (a) Domiciliary State Regulation.--If the State of domicile 
     of a reinsurer is an NAIC-accredited State or has financial 
     solvency requirements substantially similar to the 
     requirements necessary for NAIC accreditation, such State 
     shall be solely responsible for regulating the financial 
     solvency of the reinsurer.
       (b) Nondomiciliary States.--
       (1) Limitation on financial information requirements.--If 
     the State of domicile of a reinsurer is an NAIC-accredited 
     State or has financial solvency requirements substantially 
     similar to the requirements necessary for NAIC accreditation, 
     no other State may require the reinsurer to provide any 
     additional financial information other than the information 
     the reinsurer is required to file with its domiciliary State.
       (2) Receipt of information.--No provision of this section 
     shall be construed as preventing or prohibiting a State that 
     is not the State of domicile of a reinsurer from receiving a 
     copy of any financial statement filed with its domiciliary 
     State.

     SEC. 10203. DEFINITIONS.

       For purposes of this subtitle, the following definitions 
     shall apply:
       (1) Ceding insurer.--The term ``ceding insurer'' means an 
     insurer that purchases reinsurance.
       (2) Domiciliary state.--The terms ``State of domicile'' and 
     ``domiciliary State'' means, with respect to an insurer or 
     reinsurer, the State in which the insurer or reinsurer is 
     incorporated or entered through, and licensed.
       (3) Reinsurance.--The term ``reinsurance'' means the 
     assumption by an insurer of all or part of a risk undertaken 
     originally by another insurer.
       (4) Reinsurer.--
       (A) In general.--The term ``reinsurer'' means an insurer to 
     the extent that the insurer--
       (i) is principally engaged in the business of reinsurance;
       (ii) does not conduct significant amounts of direct 
     insurance as a percentage of its net premiums; and
       (iii) is not engaged in an ongoing basis in the business of 
     soliciting direct insurance.
       (B) Determination.--A determination of whether an insurer 
     is a reinsurer shall be made under the laws of the State of 
     domicile in accordance with this paragraph.
       (5) State.--The term ``State'' includes any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, the Northern Mariana Islands, the Virgin 
     Islands, and American Samoa.

                    Subtitle C--Rule of Construction

     SEC. 10301. RULE OF CONSTRUCTION.

       Nothing in this title or amendments to this title shall be 
     construed to modify, impair, or supersede the application of 
     the antitrust laws. Any implied or actual conflict between 
     this title and any amendments to this title and the antitrust 
     laws shall be resolved in favor of the operation of the 
     antitrust laws.

     SEC. 10302. SEVERABILITY.

       If any section or subsection of this title, or any 
     application of such provision to any person or circumstance, 
     is held to be unconstitutional, the remainder of this title, 
     and the application of the provision to any other person or 
     circumstance, shall not be affected.

           Amendment No. 34 Offered by Mr. Murphy of New York

  The text of the amendment is as follows:

       Page 176, strike lines 12 through 14 (and redesignate 
     remaining paragraphs accordingly).
       Add at the end of the bill the following:

      TITLE VII--INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED

     SEC. 9001. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED.

       (a) Repeal of Prohibition on Payment of Interest on Demand 
     Deposits.--
       (1) Federal reserve act.--Section 19(i) of the Federal 
     Reserve Act (12 U.S.C. 371a) is amended to read as follows:
       ``(i) [Repealed]''.
       (2) Home owners' loan act.--The first sentence of section 
     5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 
     1464(b)(1)(B)) is amended by striking ``savings association 
     may not--'' and all that follows through ``(ii) permit any'' 
     and inserting ``savings association may not permit any''.
       (3) Federal deposit insurance act.--Section 18(g) of the 
     Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended 
     to read as follows:
       ``(g) [Repealed]''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect at the end of the 1-year period beginning 
     on the date of the enactment of this Act.

            Amendment No. 25 Offered by Ms. Herseth Sandlin

  The text of the amendment is as follows:

       Page 1022, line 20, strike ``Section'' and insert the 
     following:
       (a) Exemption.--Section
       Page 1024, line 3, strike the period at the end and insert 
     ``; and''.
       Page 1024, after line 3, insert the following:
       (b) Consideration of Risk.--Section 203(c) of the 
     Investment Advisers Act of 1940 (15 U.S.C. 80b--3(c)) is 
     amended by adding at the end the following:
       ``(3) The Commission shall take into account the relative 
     risk profile of different classes of private funds as it 
     establishes, by rule or regulation, the registration 
     requirements for private funds.''.

  The Acting CHAIR. Pursuant to House Resolution 964, the gentleman 
from Massachusetts and a Member opposed each will control 10 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. FRANK of Massachusetts. Mr. Chairman, these are 10 amendments 
that raise in merit from wonderful to at least acceptable, and I will 
be reserving the balance of my time; and I will yield time, or they can 
get their own time, to any one of the offerers who wishes to explain 
his or her amendment.
  I reserve the balance of my time.
  Mr. BURGESS. I will claim the time in opposition, even though I am 
not opposed.
  The Acting CHAIR. Without objection, the gentleman from Texas is 
recognized for 10 minutes.
  There was no objection.
  Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume 
to speak on the five amendments that I offered in the Rules Committee 
that were made in order under the rule.
  The first, Burgess amendment No. 20, to strike the word 
``orderliness'' on the list of descriptors of title I's definitions of 
the duties of the Council. In the language of the underlying bill, 
there is no explanation for what ``orderliness'' means in financial 
parlance. Without that word, this section still has power, and what 
this amendment would do is remove a word that seems nebulous without a 
common understanding.
  The second amendment, No. 21, index Systemic Dissolution Fund amounts 
to inflation. In the language of the underlying bill, the section 
creating the Systemic Dissolution Fund indexes the amount to inflation 
whereas any mitigatory action imposed by the Council involving the 
sale, divestiture or transfer of more than $10 billion in total assets 
by a financial holding company subject to a stricter set of standards 
does not. This amendment would index those amounts.
  Burgess Amendment No. 22. The metrics of what determines 
``significantly undercapitalized'' will be determined by rule or 
regulation. In the language of the underlying bill, title I portends to 
elaborate on what ``significantly undercapitalized'' means, but in its 
definition, it neither gives a fixed dollar amount, a ratio or even a 
formula. Without a specific metric, this definition is left too much to 
individual interpretation, just like on page 494 of the bill where 
``substantial net position'' requires a specific definition by 
rulemaking, ``significantly undercapitalized'' should be defined in 
rule or regulation.
  I would further point out that the very next section of the bill 
gives the term ``significantly critically undercapitalized,'' and under 
``critically undercapitalized,'' there is, in fact, reference to at 
least a ratio at another part of the bill. ``Significantly 
undercapitalized'' is never adequately defined, and I am concerned 
about the effect of unintended consequences if we do not provide that 
definition.
  Burgess No. 23, the outer limit of 2 years on the amount of time the 
Federal Reserve has to do their audit. During the Financial Services 
markup, Representative Paul offered an amendment which was accepted 43-
26. This amendment is generally reflected in title I, section 1000A, 
which allows for the auditing of the Federal Reserve, and it shall be 
completed as expeditiously as possible. My amendment seeks to put an 
outer time limit on the amount of time which can pass or otherwise be 
defined as ``expeditiously as possible.'' An audit by the IRS for an 
individual usually does not take very long. In fact, the IRS has 3 
years to

[[Page H14737]]

audit an individual if there is not a substantial omission or if there 
is no tax fraud. In those cases, it would take 6 years, but the IRS is 
given so much time to do an audit because there are 143 million 
individual returns to examine.
  The Federal Reserve is different. Presumably, as a government agency, 
while they wouldn't be as easy to audit as an individual, because the 
government is supposed to have greater transparency, checking the 
Federal Reserve balance sheet of over $70 billion of assets should not 
take more than 2 years, simply for two reasons: we know who to audit 
and we know what to audit.
  While I note the historic nature of even getting an audit of the 
Federal Reserve is in place, we cannot let the audit go on 
interminably, especially in times of financial crisis. We need to know 
what they have and where they have it. I applaud Representative Paul 
for his laser-like dedicated focus to this issue, but this amendment 
would add an outer limit of 2 years on the amount of time that the 
Federal Reserve has to obtain that audit.
  Finally, Burgess No. 24 strikes the phrase ``have engaged in 
information sharing or'' from the SEC ``revolving door'' study. In the 
language of the underlying bill, the definition of what or what is not 
information is not sufficiently evidenced so that if an employee of the 
SEC shares information as basic as the date of a meeting on a calendar, 
they would be considered a part of the SEC ``revolving door.''
  This amendment proposes to get to the heart of the issue, which is to 
find those who have circumvented Federal rules and regulations without 
bringing in those who have basic and nonessential information. I liken 
this to the innocent spouse provision in the IRS statutes. If someone 
just simply shares a page from an Outlook calendar, that does not make 
them or should not make them part of the ``revolving door'' which we 
attempt to contain and restrain with the underlying language of the 
bill.
  With that, Mr. Chairman, I will reserve the balance of my time.
  Mr. FRANK of Massachusetts. I yield 2 minutes to the gentleman from 
New York (Mr. Murphy), the author of one of the amendments.
  Mr. MURPHY of New York. My amendment very simply gets rid of an 
anachronistic law from 1933. Right now, it's illegal for banks to pay 
interest to business checking accounts. This adversely affects our 
small businesses and keeps them from building their business.
  Now, as we are fixing some of the issues we have with our regulatory 
system, is the right time to get rid of that. So my amendment would 
make it legal for banks to pay interest to business checking accounts. 
It wouldn't require it, but it would make it legal. This is the kind of 
commonsense approach that's going to move us forward and help our small 
businesses get this economy going again.
  Mr. FRANK of Massachusetts. I reserve the balance of my time.
  Mr. BURGESS. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. FRANK of Massachusetts. Mr. Chairman, I would just take this 
opportunity to announce if there are any Members here who think we are 
going to do any further business, that we're not. We will resume 
tomorrow morning. I will inform the Members as a result of what we have 
been able to do with some of the manager's amendments and this en 
blocing, and I appreciate the cooperation of the gentleman from Texas 
and others, we have, I believe, 11 amendments left to be offered 
tomorrow.

                              {time}  2210

  Two of them will take a longer time, one on the CFPA, the Consumer 
Financial Protection Agency; one on the Republican substitute; and then 
there will be a recommit. So we should be, obviously, finishing this 
bill sometime early tomorrow afternoon. We will come back in tomorrow 
and resume the debate, and I wanted Members to know that.
  Mr. PAULSEN. Mr. Chair, the bill before us establishes a Financial 
Stability Oversight Council that includes the Secretary of the 
Treasury, the Chairman of the Board of Governors of the Federal Reserve 
System, and Federal banking and securities regulators.
  The bill also includes non-voting members, a State insurance 
commissioner, a State Securities commissioner, the head of the new 
Federal Insurance Office and a State banking supervisor, who would 
serve on the Council in an advisory capacity.
  My amendment ensures that the non-voting regulators are not excluded 
from any proceedings, meetings, discussions, and deliberations.
  I believe that is important to ensure that the Federal insurance 
office and other state regulators will have a seat at the table for any 
deliberations that impact the consumers they protect and institutions 
they regulate.
  If these institutions are going to be responsible for paying into the 
bailout fund, it is only fair that their concerns are represented.
  I urge adoption of my amendment.
  Mr. DENT. Mr. Chair, my amendment is simple--It expresses the sense 
of Congress that mortgage lending institutions should provide loan 
applicants with a simplified summary of their loan contracts, including 
an easy to read list of the basic loan terms, payment information, the 
existence of prepayment penalties or balloon payments, and escrow 
information.
  I ask that a sample template of this one page summary document be 
inserted into the Congressional Record.
  H.R. 4173 is a 1,200 plus page bill that purports to protect 
consumers from abusive financial products by creating a new government 
bureaucracy--the Consumer Finance Protection Agency.
  We see in the complicated mortgage contract process that more 
bureaucracy and more requirements doesn't guarantee more protection. 
How many homebuyers understand the voluminous and complex documents 
they shuffle through when closing on a new home? The process is no less 
cumbersome for the lender. Less can be more.
  Having gone through this process as a homebuyer and after speaking to 
numerous bankers and lenders, I believe we must work to simplify the 
process, while ensuring borrowers are protected from abusive 
contractual agreements and providing lenders with the tools to safely 
and soundly alleviate some of the administrative costs--costs 
ultimately passed along to the consumer.
  Several months ago I learned that Mr. David Lobach and Mr. Elmer 
Gates of Embassy Bank--a community bank in the 15th District of 
Pennsylvania--developed a simplified mortgage contract summary for 
borrowers who take out a mortage with their institution. Embassy is 
bolstering consumer protection for their customers by ensuring that he 
or she knows exactly what they are agreeing to upon their signature--
not only providing greater transparency for the borrower but also 
promoting efficiency for the mortgagee.
  The statutes in place today, including the Truth in Lending Act and 
the Real Estate Settlement Procedures Act, intended to protect 
borrowers and lenders alike, have created this complex closing process 
that leaves some homebuyers confused and uninformed.
  I believe that Congress should review and revisit the current 
statutes and consider meaningful reforms that make the mortgage process 
more understandable for borrowers and more efficient for lenders. The 
adoption of this amendment is an important first step in encouraging 
financial institutions engaged in mortgage lending to provide their 
borrowers with a simplified summary of the loan terms so that every new 
homeowner will walk away from the table understanding their 
obligations--in simple terms and in fewer pages.
  I've held a number of mortgage foreclosure seminars across my 
district--the 15th District of Pennsylvania. After listening to the 
experiences of my constituents, I truly believe some of the 
foreclosures our country has seen in the past 2 years would not have 
taken place if homeowners had been aware of the actual terms and 
conditions of their loan.
  My amendment is a common-sense approach to promote consumer 
protection by ensuring families in pursuit of the American dream 
fulfill that dream under terms they completely and fully understand.

       Borrower: Mary Borrower, 10 Test Avenue, Test City, PA 
     18000.
       Lender: Any Bank, PO Box 2020, Any Town, PA 11111.


                            Basic Loan Terms

       The amount you borrowed: $100,000
       Your interest rate: 4.99%
       Can your interest rate change? [ ] [X] No
       The collateral for your loan: Borrower is giving a security 
     interest in 10 Test Avenue, Test City, PA 18000. In addition, 
     Lender has also reserved a contractual right of setoff in 
     Borrower's deposit accounts.


                          Payment Information

       Your payment amount: $790.28
       How often you will make payments: Monthly
       Your loan term: 180 payments
       When your payments are due: Monthly, beginning November 15, 
     2009
       How late payment charges are calculated: 5.00% of the 
     regularly scheduled payment or $5.00, whichever is greater.


                          Payments & Balloons

       Does your loan have a prepayment penalty? [ ] [X] No

[[Page H14738]]

       Does your loan have a balloon payment? [ ] [X] No
       Loan maturity date: October 15, 2024


                                 Escrow

       Do we require you to have an escrow account for your loan? 
     [ ] [X] No
       Important Note: In the event of default on this loan, we 
     will exercise all legal means to recover our money. This 
     document is intended for informational purposes only and does 
     not constitute your contract with Any Bank. Please refer to 
     the complete set of loan documents for exact details 
     regarding your loan terms and conditions.

  Mr. FRANK of Massachusetts. Mr. Chairman, I yield back the balance of 
my time.
  The Acting CHAIR. The question is on the amendments en bloc offered 
by the gentleman from Massachusetts (Mr. Frank).
  The amendments en bloc were agreed to.
  Mr. FRANK of Massachusetts. Mr. Chairman, I move that the Committee 
do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Ms. 
Kilroy) having assumed the chair, Mr. Sablan, 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. 4173) to 
provide for financial regulatory reform, to protect consumers and 
investors, to enhance Federal understanding of insurance issues, to 
regulate the over-the-counter derivatives markets, and for other 
purposes, had come to no resolution thereon.

                          ____________________