[Congressional Record Volume 155, Number 186 (Friday, December 11, 2009)]
[House]
[Pages H14800-H14804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PERSONAL EXPLANATION

  Ms. BORDALLO. Madam Speaker, yesterday and today I have been granted 
an official leave of absence by the House of Representatives and am in 
my district attending to official business. As such, I am unable to 
cast my votes in the Committee of the Whole House on the State of the 
Union on amendments to H.R. 4173, the Wall Street Reform and Consumer 
Protection Act of 2009. If I was present for these votes, I would vote 
as follows and ask that the Record reflects these positions: ``yes'' on 
Mr. Frank's amendment (rollcall vote 953); Mr. Lynch's amendment 
(rollcall vote 955); Mr. Murphy's amendment (rollcall vote 956); Mr. 
Frank's amendment (rollcall vote 957); Mr. Stupak's amendment (rollcall 
vote 958); Mr. Stupak's amendment (rollcall vote 959); Mr. Kanjorski's 
amendment (rollcall vote 960); Mr. Peter's amendment (rollcall vote 
962); Mr. Marshall's amendment (rollcall vote 963); Ms. Schakowsky's 
amendment (rollcall vote 964); and ``no'' on Mr. Session's amendment 
(rollcall vote 954); Mr. McCarthy's amendment (rollcall vote 961); Mr. 
Minnick's (rollcall vote 965); and Mr. Bachus's amendment (rollcall 
vote 966).
  The Acting CHAIR. There being no further amendments, the Committee 
rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Pastor of Arizona) having assumed the chair, Ms. Edwards of Maryland, 
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, pursuant to House Resolution 964, she reported the 
bill, as amended pursuant to House Resolution 956, back to the House 
with sundry further amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Pursuant to House Resolution 964, the question on adoption of the 
amendments will be put en gros.
  The question is on the amendments.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

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

       Mr. Dent moves to recommit the bill, H.R. 4173, to the 
     Committee on Financial Services, and in addition to the 
     Committees on Agriculture, Energy and Commerce, the 
     Judiciary, Rules, the Budget, Oversight and Government 
     Reform, and Ways and Means, with instructions to report the 
     same back to the House forthwith with the following 
     amendment:

       Strike all after the enacting clause and insert the 
     following:

     SEC. 1. REPEAL OF THE TROUBLED ASSET RELIEF PROGRAM.

       (a) In General.--Notwithstanding any other provision of 
     law, the authorities provided under section 101(a) of the 
     Emergency Economic Stabilization Act of 2008 (excluding 
     section 101(a)(3)) and under section 102 of such Act shall 
     terminate on December 31, 2009.

[[Page H14801]]

       (b) Returned TARP Money to Be Used for Deficit Reduction.--
     Notwithstanding any other provision of law, all assistance 
     received under title I of the Emergency Economic 
     Stabilization Act of 2008 that is repaid on or after the date 
     of the enactment of this Act, along with any dividends, 
     profits, or other funds paid to the Government based on such 
     assistance on or after December 31, 2009, shall be deposited 
     in the Treasury to reduce the deficit.
       (c) Lowering of National Debt Limit to Correspond to TARP 
     Repayments.--Section 3101 of title 31, United States Code, is 
     amended--
       (1) in subsection (b), by inserting after the dollar 
     limitation contained in such subsection the following: ``, as 
     such amount is reduced by the amount described under 
     subsection (d)''; and
       (2) by adding at the end the following new subsection:
       ``(d) The amount described under this subsection is the 
     amount that equals the amount of all assistance received 
     under title I of the Emergency Economic Stabilization Act of 
     2008 that is repaid on or after December 31, 2009, along with 
     any dividends, profits, or other funds paid to the Government 
     based on such assistance on or after December 31, 2009.''.

  Mr. DENT (during the reading). I ask unanimous consent to dispense 
with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Pennsylvania is 
recognized for 5 minutes.
  Mr. DENT. Mr. Speaker, this motion to recommit will immediately end 
the Troubled Asset Relief Program, otherwise known as TARP, and require 
that all TARP funds that are repaid to the Treasury--including 
interest, dividends, the sale value of stock and the sale of warrants--
be used to reduce our national burgeoning deficits. It will also reduce 
the debt limit by the same amount saved by ending TARP. I call this 
motion to recommit the ``troubled taxpayer relief program act'' because 
it takes an important step towards getting government out of the 
bailout business and curbing excessive Washington spending. TARP was 
originally enacted as a temporary plan to address an extraordinary 
crisis in our financial markets as a result of the collapse of 
financial firms that the government said were just ``too big to fail.'' 
Those who voted for the Emergency Economic Stabilization Act, which 
created TARP, did so with the assurance that the money would be 
returned to taxpayers. That was the assurance given at the time.
  It is unfortunate that the President chose to extend the TARP program 
to October 3, 2010. In doing so, he has opened the door to efforts by 
Democrats in Congress to begin spending unallocated and repaid TARP 
funds for programs unrelated to the financial emergency. In fact, the 
underlying bill diverts $4 billion from TARP to a number of foreclosure 
mitigation and neighborhood stabilization programs. It also diverts a 
total of $23.625 billion to pay for the massive expansion of government 
bureaucracy that will result from the enactment of this legislation.
  And just yesterday, we heard from Treasury Secretary Tim Geithner 
that the administration is developing an initiative to tackle our 
economic problems and unemployment by using TARP funds for small 
businesses. Elizabeth Warren, appointed to lead the panel that oversees 
the use of TARP funds, responded to the Secretary saying, ``It's not 
news to anyone that small business lending is important. Small 
businesses are closing every day. But Treasury has announced three 
plans and has not gotten the job done.''
  The President has said that we need to ``spend our way out of this 
recession.'' The majority already tried that in passing the $787 
billion stimulus. It has not worked. Now they want to spend more TARP 
money. Haven't we learned that if we want to create jobs and grow our 
economy, we must support the private sector and invest Federal dollars 
sparingly and wisely.
  Unfortunately, this bill not only fails to end the TARP now that the 
emergency in the financial markets has abated, it also turns TARP into 
a revolving slush fund to pay for the majority's political, economic 
and social agenda. Failing to honor the original intent of TARP and 
repay the taxpayers is an irresponsible breach of trust that we are 
committed to stopping.
  Americans are struggling under the weight of high unemployment, 
sluggish economic growth and unsustainable Federal deficits. This 
Congress has piled on with a so-called stimulus bill that borrows too 
much, spends too much and delivers too few jobs, and a budget that 
doubles the national debt in 5 years and triples it in 10 years. They 
are piling on with a misguided national energy tax called cap-and-trade 
that will cost thousands of jobs in my State of Pennsylvania and 
increase energy costs for families and businesses alike; an 
undemocratic card check bill that will deny secret ballots and impose 
binding arbitration; and a controversial health care bill that imperils 
innovation, raises taxes, cuts Medicare and endangers jobs.
  Now they are piling on with this 1,300-page bill that keeps taxpayers 
on the hook for permanent bailouts, allows unelected bureaucrats to 
pick winners and losers in our economy and adds an array of new job-
killing taxes and mandates on consumers, investors and small 
businesses.
  Raiding TARP to fund more government programs that don't create jobs 
verges on the reckless. The best way to bring about economic growth and 
job creation is to avoid the massive deficits and to lessen the massive 
increase in the national debt. These misguided policies, advanced by 
the majority, are a road to higher inflation and record tax increases. 
Today, we can begin the process of putting our fiscal house in order, 
and inspiring confidence in the private sector, by shutting down TARP, 
returning the unused funds to the taxpayers, and lowering the national 
debt limit.
  At this time I would like to yield the balance of my time to Mr. 
Hensarling of Texas.
  The SPEAKER pro tempore. The gentleman from Texas will be recognized 
for 30 seconds.
  Mr. HENSARLING. Mr. Speaker, TARP was passed as emergency legislation 
to bring about financial stability. TARP has morphed into a $700 
billion revolving bailout fund to advance the administration's 
political, social and economic agenda. TARP has helped bring about our 
Nation's first trillion-dollar deficit, the highest unemployment rate 
in a generation, and helped turn us into a bailout nation. The American 
people want more jobs, not more bailouts and, oh, they want their money 
back, and they want their nation back.
  It's time to terminate TARP.
  The SPEAKER pro tempore. The time of the gentleman has expired.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Members are reminded not to traffic the well 
while another is under recognition.
  Mr. FRANK of Massachusetts. I rise to speak in opposition to the 
motion to recommit.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. FRANK of Massachusetts. First, for those who might have believed 
that when the Republicans supported the Minnick amendment, or when they 
offered a substitute, that they said that was a better way to regulate, 
for those who might have believed that somebody meant that, here's the 
proof that it was all a sham.
  The Republicans have the right to offer a recommit motion. They could 
have put anything they wanted in it. Here's what it says about consumer 
protection of our Minnick or about their way of dealing with other 
issues: ``Strike all after the enacting cause.''
  The Republican motion now embodies their approach to protecting 
consumers and regulating derivatives and restricting leverage and 
letting companies go out of business. It consists of ``strike all after 
the enacting clause.'' They could have taken the Minnick amendment and 
made it part of the recommit. They could have taken their substitute 
and made it part of the recommit.
  What the recommit does, what the gentleman from Pennsylvania I think 
forgot to mention, I understand there is a lot of pressure when you are 
reading the script here, but he forgot to mention that the recommit 
motion kills all regulatory reform--dead; gone. There's no regulatory 
reform.

                              {time}  1400

  I see my friend from Texas there. He's kind of rubbing his head. His

[[Page H14802]]

amendment is gone. There's no Paul amendment. If they wanted to help 
Mr. Paul and they wanted to look into the Fed, why isn't that in here? 
``Strike all after the enacting clause,'' that's what Mr. Paul gets 
from them.
  So let's be clear that it is, first of all, a cover. They use anger 
over the TARP to frankly make sure we'll need another one because they 
kill all regulation.
  Secondly, even as to the TARP, here's my difference: The minority 
leader came to the well and said TARP was passed to be an emergency 
bill and the emergency is over. You cannot directly address a Member, 
so let me say, Mr. Speaker, will someone tell the minority leader it 
ain't over until it's over on Main Street all throughout America. Maybe 
when the Republicans had that meeting with a group of financial 
lobbyists, they took some time out to celebrate the ending of an 
emergency, but most of us know the emergency is not over. I didn't say 
``ain't'' again. The emergency continues.
  And here's what the administration has proposed: Under the Bush 
administration--and I voted for TARP. I thought that the lack of 
regulation created a crisis. But the big banks got the first TARP 
money. We are now finally succeeding in getting TARP money for smaller 
banks who can do community lending and small business lending. We voted 
today to take $3 billion and give it as loans to people who can't pay 
their mortgages because they're unemployed. Not people who got 
mortgages they shouldn't have gotten. Not subprime mortgages. 
Hardworking people who can't pay a mortgage. The $3 billion would go 
for that to help them avoid foreclosure, and they can pay it back when 
they get the job. That's gone. So the antisocial parts of TARP are okay 
and now they want to get rid of the other parts.
  By the way, who are they saving money for here? Their friends, the 
big banks. The original TARP legislation said at the end of the day, 
any TARP shortfall will be made up by an assessment on the financial 
community. We've gone further than that. The amendment we adopted, over 
Republican opposition, by the gentleman from Michigan (Mr. Peters) 
instructs the FDIC, in this bill that they want to kill, not 
surprisingly, to assess the financial institutions to make up any 
shortfall from the TARP. They kill that. They complained before about 
our assessment. They are very upset that we might levy on JPMorgan 
Chase and Morgan Stanley and Goldman Sachs and the others some 
responsibility financially for what's gone on.
  So here's what they do: First of all, they kill all reform, and their 
pretense that they are for a different form of it, they deliberately 
left it out of their bill. They were just playing it.
  They, secondly, say now that TARP money has gone to the big banks--
and they don't have to pay it back, by the way, under this bill 
necessarily--and we are trying to use it socially to encourage lending, 
to give it to community banks with some requirement they lend to help 
people who are unemployed avoid having foreclosure until they get their 
jobs back. Now they want to get rid of it, and to whose benefit? The 
big banks.
  The question is, should we use TARP money to give to the small banks 
for community banking? Should we use TARP money to help people avoid 
unemployment? Or should we do what they want to do and give it back so 
that the big financial institutions aren't assessed? That's what's at 
risk here. Not the taxpayers. The taxpayers are not on the hook for 
this TARP money. The large financial institutions are.
  And I know what they say: It will be a restriction in capital. Well, 
I think capital's a good thing. But to the extent that capital was 
misused for speculation, that it was misused for unleveraged credit 
default swaps, then a little reining in is a good thing.
  But, once again, here's what you have: a bill, a motion, that says 
let's not do anything to change the financial system. Let's let 
companies go bankrupt and not worry about them. Let's not have anything 
about derivatives. Let's just do nothing and instead let's save the big 
banks from having to pay their fair share when the TARP is repaid.
  Mr. STEARNS. Mr. Speaker, our current financial crisis, which is now 
global in scope, was triggered by the bursting of the U.S. housing 
bubble and particularly by the deteriorating quality of subprime 
mortgages that were bundled into toxic securities and sold all over the 
country and around the world. It was the housing crisis and mortgage 
meltdown that led us to the worst financial crisis our country has 
faced since the Great Depression.
  In examining the root causes of the housing crisis, particularly the 
policies that led to the creation of the housing bubble that would 
inevitably burst at the seams, it is important to focus on the facts 
instead of the partisan blame game that often ensues here on our House 
floor.
  To be fair, blame can be placed on both Democrats and Republicans for 
either supporting or simply going along with some of the bad housing 
policies that led to the implosion of government sponsored enterprises, 
GSEs, Fannie Mae and Freddie Mac and the subsequent collapse of our 
housing market. Democrats blame 8 years of inaction and deregulation by 
the Bush Administration, and Republicans blame the vigorous enforcement 
of the Community Reinvestment Act and the affordable housing mandate 
placed on Fannie Mae and Freddie Mac by Democrats.
  However, one of the most ardent critics of the Bush Administration 
and Republican policies in general is the Chairman of the House 
Financial Services Committee, Representative Barney Frank. Mr. Frank 
has spent two days this week on the House floor blaming Republicans and 
President Bush for the recession and for every problem our economy is 
currently facing, including the mortgage meltdown.
  However, in examining the causes of the mortgage meltdown and ensuing 
financial crisis, it is worthwhile to take a look at the facts and what 
has actually been said and advocated by certain members of this House. 
Given Representative Frank's leading role in harshly criticizing 
Republican policies, we must do our due diligence and recall Mr. 
Frank's role as a member and Chairman of the House Financial Services 
Committee and an advocate and supporter of failed GSEs Fannie Mae and 
Freddie Mac.
  Mr. Speaker, here are some interesting facts.
  In 2000, Representative Frank stated that Republican concerns about 
the stability of government sponsored enterprises Fannie Mae and 
Freddie Mac were ``overblown'' and that there was ``no federal 
liability there whatsoever.''
  Two years later, Mr. Frank went even further stating, ``I do not 
regard Fannie Mae and Freddie Mac as problems. I regard them as great 
assets.''
  Looking back, these statements are nothing short of ironic. In 2007, 
Mr. Frank became Chairman of Financial Services and he apparently 
changed his rhetoric, arguing that he had long been in favor of 
reforming Fannie and Freddie and blamed the lack of reform on 
Republicans and President George W. Bush.
  This isn't a fair argument, Mr. Speaker.
  Democrats in general have been longstanding and ardent defenders of 
out-of-control GSEs Fannie Mae and Freddie Mac, whose liberal mortgage 
lending policies and flawed structure of privatized gains and 
socialized losses greatly contributed to our current housing crisis and 
subsequent economic crisis.
  Last year, American taxpayers were forced to bailout Fannie Mae and 
Freddie Mac to the tune of almost $200 billion and are on the hook for 
the GSEs $5.4 trillion in debt and other liabilities. Let us recall 
that it was Chairman Frank who encouraged Fannie and Freddie to 
guarantee more ``affordable'' mortgages, which we all now know led to 
the mortgage market being inundated with dangerous subprime and Alt-A 
loans.
  The Democrats also pushed for an increase in the conforming-loan 
limits in order to allow Fannie and Freddie to guarantee and securitize 
larger mortgages, and Democrats pressured regulators to ease up on 
their more stringent requirements for capital. All of these factors 
contributed to the bursting of the housing bubble.
  The Democrats also played an additional role in pushing the risky 
housing policies that led to the housing crisis. The Federal Housing 
Enterprises Financial Safety and Soundness Act of 1992, also known as 
the GSE Act, contained an ``affordable housing'' requirement which is 
what ultimately led Fannie and Freddie to acquiring over $5 trillion in 
home loans over a 16-year period. Let's recall that in 1992, Democrats 
were in control of both the House and Senate, and the GSE Act was a 
Democratic priority.
  Aggressive enforcement of the Community Reinvestment Act, CRA, of 
1977, created under a Democrat Congress and President, was also a major 
contributing factor of the mortgage meltdown and ensuing financial 
crisis. From 1977 to 1991, the CRA was responsible for $9 billion in 
local lending commitments, and following the implementation of the 
Democrat's ``affordable housing'' mandate, CRA lending skyrocketed. In 
2001, the director

[[Page H14803]]

of the federal Office of Thrift Supervision candidly said, ``Our record 
home ownership rate, I'm convinced, would not have been reached without 
CRA and its close relative, the Fannie/Freddie requirements.''
  So Mr. Speaker, it is clear that aggressive enforcement of Community 
Reinvestment Act as long advocated by the Democrats, coupled with the 
Democrat's affordable housing mandate on Fannie Mae and Freddie Mac 
certainly played a major role in fueling the housing bubble. These are 
facts.
  Additionally, between 1993 and 2007, just before the near collapse of 
Fannie and Freddie, the government-backed GSEs acquired $1.2 trillion 
of loans from banks and other lenders, and from 1997 to 2007, Fannie 
and Freddie acquired $2.2 trillion in subprime loans and securities 
backed by toxic subprime loans. Altogether, 50 percent of the GSEs 
high-risk loans are estimated to be Community Reinvestment Act loans.
  The Democratic Party has been the torchbearer of the Community 
Reinvestment Act and the affordable housing mandate on Fannie Mae and 
Freddie Mac, which led to our housing crisis.
  Today, the House of Representatives will take a vote on a broad 
financial regulatory reform bill sponsored by Chairman Barney Frank. 
This bill seeks to change almost every aspect of our economy and 
financial markets, and yet ironically it does nothing to reform Fannie 
Mae and Freddie Mac, which were placed into government conservatorship 
last year and are being propped up by American taxpayer dollars.
  Unfortunately, the Frank financial regulatory reform bill perpetuates 
the failed policies of the past and fundamentally restructures the 
Nation's free market system, placing it firmly in the hands of big 
government. This legislation will expose taxpayers to further 
exploitation by making permanent the policies used to bailout 
politically connected firms like Fannie Mae, Freddie Mac and AIG, while 
restricting access to credit and increasing the costs of credit 
products used by small businesses on main street.
  The Frank legislation expands the powers of the very agencies that 
failed to catch the problems that created the financial crisis and 
rewards a Federal Reserve that pursued irresponsible credit policies 
and that ineffectively conducted its regulatory supervision. This bill 
also blunts market discipline through government guarantees that 
protect creditors against loss and authorizes the taxation of business 
without the approval of Congress.
  The Republican Substitute to Mr. Frank's bill phases out taxpayer 
subsidies of Fannie Mae and Freddie Mac over a number of years and ends 
the current model of privatized profits and socialized losses. I have 
long advocated winding down and privatizing Fannie and Freddie, and I 
am proud to support these reforms.
  Additionally, the Republican Financial Regulatory Reform Plan puts an 
end to the TARP program and prevents future bailouts of financial 
institutions by creating a new chapter in the bankruptcy code for non-
bank financial institutions. This protects taxpayers from covering the 
greed and excesses of failing firms. The Republican alternative also 
increases civil and criminal penalties for fraud, establishes a council 
to issue uniformed consumer protection rules, and reforms the over- 
the-counter derivatives markets.
  Given Mr. Frank's harsh and constant criticism of Republican policies 
and his eagerness to blame the Bush Administration for the financial 
and housing crises, I find it shocking that his financial regulatory 
reform bill contains no reform of GSEs Fannie Mae and Freddie Mac--the 
entities that are at the epicenter of the Nation's financial crisis.
  While Barney Frank and the Democrats regard Fannie and Freddie as 
great assets, Republicans regard them as great liabilities, and today 
we are on record supporting much needed reforms to these troubled 
government entities while also supporting commonsense reforms to our 
financial system.
  Mr. Speaker, facts always speak louder than a partisan blame game. I 
wanted to share these comments with my colleagues in reply to those 
critics who want to shift the blame for political reasons.
  The SPEAKER pro tempore. The time of the gentleman from Massachusetts 
has expired.
  Without objection, the previous question is ordered on the motion to 
recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. DENT. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage of the bill, if ordered, and agreeing to the 
Speaker's approval of the Journal, if ordered.
  The vote was taken by electronic device, and there were--ayes 190, 
noes 232, not voting 12, as follows:

                             [Roll No. 967]

                               AYES--190

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     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
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Chandler
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Halvorson
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kosmas
     Kratovil
     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
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Moran (KS)
     Murphy, Tim
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stearns
     Sullivan
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                               NOES--232

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (NY)
     Blumenauer
     Boccieri
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     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
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     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
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     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
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Smith (WA)
     Snyder
     Space
     Speier

[[Page H14804]]


     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--12

     Baldwin
     Cao
     Lofgren, Zoe
     Mica
     Moran (VA)
     Myrick
     Oberstar
     Sessions
     Slaughter
     Souder
     Weiner
     Young (AK)


                Announcement by the Speaker Pro Tempore

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

                              {time}  1420

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. MICA. Mr. Speaker, on rollcall No. 967 I was unavoidably 
detained. Had I been present, I would have voted ``aye.''
  Ms. MYRICK. Mr. Speaker, I was unable to participate in the following 
vote. If I had been present, I would have voted as follows: Rollcall 
vote 967, On Motion to Recommit with Instructions--H.R. 4173, The Wall 
Street Reform and Consumer Protection Act of 2009--I would have voted 
``aye.''
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. BACHUS. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 223, 
noes 202, not voting 9, as follows:

                             [Roll No. 968]

                               AYES--223

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boswell
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     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
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lowey
     Lujan
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mollohan
     Moore (KS)
     Moore (WI)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Reyes
     Richardson
     Rodriguez
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Smith (WA)
     Snyder
     Speier
     Spratt
     Stark
     Sutton
     Tanner
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--202

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boucher
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Cuellar
     Culberson
     Davis (KY)
     Davis (TN)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Edwards (TX)
     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
     Hill
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     Kaptur
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kucinich
     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
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Ortiz
     Paul
     Paulsen
     Pence
     Perriello
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Schrader
     Sensenbrenner
     Shadegg
     Shimkus
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Stupak
     Sullivan
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Visclosky
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                             NOT VOTING--9

     Baldwin
     Lofgren, Zoe
     Lynch
     Moran (VA)
     Oberstar
     Rangel
     Sessions
     Slaughter
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Two minutes remain in the 
vote.

                              {time}  1428

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________