[Congressional Record Volume 156, Number 114 (Friday, July 30, 2010)]
[House]
[Pages H6552-H6555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER PROTECTION ACT OF 2010

  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, 
proceedings will resume on the bill (H.R. 5851) to provide 
whistleblower protections to certain workers in the offshore oil and 
gas industry.
  The Clerk read the title of the bill.


                           Motion to Recommit

  Mr. KLINE of Minnesota. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. KLINE of Minnesota. I am, in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Kline of Minnesota moves to recommit the bill, H.R. 
     5851, to the Committee on Education and Labor 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:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Whistleblower Parity Act''.

     SEC. 2. WHISTLEBLOWER PROTECTION FOR CERTAIN OFFSHORE 
                   WORKERS.

       (a) Prohibition on Retaliation.--No person shall discharge 
     or in any manner discriminate against any covered employee 
     because such covered employee has filed any complaint or 
     instituted or caused to be instituted any proceeding related 
     to any workplace safety and health regulation issued pursuant 
     to section 21 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1347) or has testified or is about to testify in any 
     such proceeding or because of the exercise by such covered 
     employee on behalf of himself or herself or others of any 
     right afforded by such Act.
       (b) Complaint Procedure.--Any covered employee who believes 
     that he or she has been discharged or otherwise discriminated 
     against by any person in violation of this section may, 
     within 30 days after such violation occurs, file a complaint 
     with the Secretary alleging such discrimination. Upon receipt 
     of such complaint, the Secretary shall cause such 
     investigation to be made as the Secretary determines 
     appropriate. If upon such investigation, the Secretary 
     determines that the provisions of this section have been 
     violated, the Secretary shall bring an action in any 
     appropriate United States district court against such person. 
     In any such action the United States district courts shall 
     have jurisdiction, for cause shown to restrain violations of 
     subsection (a) of this subsection and order all appropriate 
     relief including rehiring or reinstatement of the employee to 
     his or her former position with back pay.
       (c) Notification.--Within 90 days of the receipt of a 
     complaint filed under this section the Secretary shall notify 
     the complainant of the Secretary's determination under 
     subsection (b) of this section.

     SEC. 3. DEFINITIONS.

       As used in this Act--
       (1) the term ``covered employee'' means an individual 
     engaged in activities on or in waters above the Outer 
     Continental Shelf related to supporting or carrying out 
     exploration, development, production, processing, or 
     transportation of oil on behalf of an employer;
       (2) the term ``employer'' has the meaning given such term 
     in section 3 of the Occupational Safety and Health Act of 
     1970 (29 U.S.C. 652);
       (3) the term ``Outer Continental Shelf'' has the meaning 
     that the term ``outer Continental Shelf'' has in section 2 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1331); and
       (4) the term ``Secretary'' means the Secretary of Labor.

     SEC. 4. CONSTRUCTION.

       Nothing in this Act shall be construed to affect any 
     rights, protections, or remedies available to covered 
     employees under section 2114 of title 46, United States Code.

  Mr. KLINE of Minnesota (during the reading). Mr. Speaker, I ask 
unanimous consent that the motion to recommit be considered as read.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. KLINE of Minnesota. Mr. Speaker, like every Member of Congress, I 
am deeply concerned for the safety of offshore oil rig workers. No 
worker who sees a hazard to health and safety in violation of the law 
should fear reporting the violation to the proper authorities. 
Effective workplace safety starts with compliance, and is enhanced by 
alert workers who help ensure appropriate safety rules are being 
followed. That is why I am asking all my colleagues to support this 
motion to recommit.
  This proposal extends the whistleblower protections in the 
Occupational Safety and Health Act to workers on offshore oil rigs. As 
I noted earlier, there are a number of concerns with the Democrats' 
proposal. It creates an entirely new whistleblower protection framework 
for workers directly or indirectly involved with offshore oil drilling, 
departing from the long-standing protections in existing health and 
safety laws.
  The majority also fails to focus on oil rig workers, extending their 
untested form of whistleblower protections to various workers on land 
who are already protected by existing, and possibly conflicting, 
statutes.

                              {time}  1630

  Legal confusion and uncertainty are never good when it comes to 
workplace safety. Last month, the Education and Labor Committee heard 
from Federal officials who could not answer whether offshore oil rig 
workers have access to basic whistleblower protections. To date, the 
committee has not received a response to a request for clarification. 
Virtually every American worker enjoys these important protections, yet 
Federal officials did not know whether maritime law, Federal safety and 
health law, or some other law was fully protecting oil rig workers.

[[Page H6553]]

  Despite this confusion, not a single followup hearing was heard in 
the Education and Labor Committee. Certainly there was no committee 
vote on this legislation. Just last night, the House Rules Committee 
held the first and only hearing this legislation has ever received. In 
fact, Members of Congress and the public have had less than a week to 
examine the bill and determine what effect it may have on the safety of 
oil rig workers or to what extent it may even be necessary.
  If the majority is determined to rush this bill through Congress 
without examining the full consequences and context of the issue, I 
would, instead, suggest a straightforward approach that more fully 
relies on current law.
  We believe offshore oil rig workers deserve whistleblower protections 
and the OSH Act offers us an opportunity to extend those protections 
immediately. The OSH Act has been the law of the land since 1978, more 
than 30 years. It has improved over time through congressional and 
administrative action. And by incorporating oil rig workers into 
existing protections, they will automatically be included into any 
future changes of the law.
  In short, the Republican motion to recommit provides parity in 
whistleblower protections. The Democrats' bill creates confusion. Our 
approach gives certainty. The Democrats' bill creates legal conflict. 
Our approach has established case law. The Democrats' bill will take 
time to implement and understand. Our approach will provide immediate 
protections in a manner Federal authorities and workers already know 
and understand.
  I strongly urge my colleagues to support this motion.
  I yield back the balance of my time.
  Mr. GEORGE MILLER of California. I rise in opposition to the motion.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. Mr. Speaker, Members of the House, I 
would strongly urge you to reject the Republican motion to recommit. 
What we have before us today in the legislation that I am offering 
along with Mr. Markey, is an effort to provide the level of protection 
that these offshore oil workers on the rigs on the Outer Continental 
Shelf of the United States of America are entitled to. What the 
Republicans are suggesting is that a law that was written in 1970 is 
good enough for these workers.
  Let's understand the environment in which these workers are working. 
They're working on the most expensive oil rigs in the history of the 
world. They're making the most complex drills in the history of the 
world. They're using the most complex technology in the history of the 
world, and they're doing it in constant motion on top of the seas as 
they drill for these resources.
  Now, why shouldn't they have the same protection that railroad 
workers have? that transport workers have? that nuclear workers have? 
that pipeline workers have? Because they all have a modern 
whistleblower statute. But those men and women who go out on those rigs 
today do not have any protection, much less a modern protection, but 
the Republicans are telling you they should take second-class 
protection.
  Now, as we saw the case of a whistleblower, Mr. Abbott, who called 
BP, an engineer, and said the designs are wrong, the drawings are 
flawed, he would not be covered under this statute. The court found his 
claim to be valid that he passed on serious information to BP that they 
rejected. Now, let's understand this is about one worker with knowledge 
and understanding of the drilling processes and procedures making a 
decision that something's about to go very wrong. So that worker has 
the courage to say, ``I think we better stop and check it out'' in a 
very complex process, in this case, of withdrawing from the well and 
capping that well.
  They're telling that worker, ``This rig is a half a million dollars a 
day. We're going to get it off our books. We're going to get it out of 
here. Just keep going,'' and then the tragedy happens.
  Let's talk about who that worker's talking to. They're talking to a 
company that's drilling on the Outer Continental Shelf, British 
Petroleum, on American soil, under American laws, who violates 
willfully and egregiously those laws 807 times; who, in 2005, violated 
those laws hundreds of times and blew up a refinery in Texas, killed 15 
workers and injured another 180; promised to fix those violations, and 
4 years later, they hadn't fixed 700 of those violations and were fined 
$87 million. Apparently, they think it's cheaper to pay fines than it 
is to protect the workers of this country.
  I don't know if you've been around oil rigs. I don't know if you've 
watched people in this business, but this is a choreography that takes 
place among those workers on those rigs that is unbelievable, and it 
can be lethal. I've seen it because I know what you have to do on those 
rigs. This is how workers put themselves in jeopardy every day. It's 
whether a pipe falls on you, whether a chain snaps, whether a pipe 
breaks, whether the fluids blow out, whether you get hit from the 
overhead. This is a very dangerous profession.
  Companies work hard, some companies, but are we going to really tell 
a worker that they're going to go up against BP when BP is so fully 
prepared to violate the laws, the health and safety laws of this 
Nation?
  I think we ought to understand we owe American workers a much better 
deal on the American Outer Continental Shelf, and that's why this 
motion to recommit should be rejected. It should be rejected because 
that's our obligation. They're entitled to a modern whistleblower law 
just like the other workers that I named to you.
  We can do no less for these workers. We can do no less for those 
workers who tried to come forward and stop the dangers on this rig and 
lost their lives because they weren't listened to. The workers who told 
their wives, ``Get my papers and my wills and my business in order.'' 
Imagine a worker going to work and saying, ``Get my affairs in order. 
Let's check my will.'' That's what people do when they go to war. They 
shouldn't have to do it when they go to work on an American rig in the 
American Outer Continental Shelf.
  Give these workers what they're entitled to. Give them a decent, 
honest, modern whistleblower law with real protections.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. KLINE of Minnesota. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--yeas 171, 
nays 234, not voting 27, as follows:

                             [Roll No. 505]

                               YEAS--171

     Aderholt
     Alexander
     Austria
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Djou
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves (GA)
     Graves (MO)
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Murphy, Tim
     Myrick
     Neugebauer
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher

[[Page H6554]]


     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Sestak
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Turner
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)

                               NAYS--234

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     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)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     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
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Yarmuth

                             NOT VOTING--27

     Akin
     Bachmann
     Baird
     Berry
     Brown (SC)
     Buyer
     Carney
     Delahunt
     Foxx
     Griffith
     Himes
     Hoekstra
     Johnson (GA)
     Kilpatrick (MI)
     Linder
     McCarthy (CA)
     Moran (KS)
     Nunes
     Radanovich
     Rogers (MI)
     Shadegg
     Slaughter
     Tiahrt
     Wamp
     Watson
     Wu
     Young (FL)

                              {time}  1704

  Messrs. BRADY of Pennsylvania, CLYBURN, CARNAHAN, CARDOZA, CUELLAR, 
Ms. WASSERMAN SCHULTZ and Mr. CLEAVER changed their vote from ``yea'' 
to ``nay.''
  Mr. SULLIVAN changed his vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Ms. SLAUGHTER. Mr. Chairman, on rollcall No. 505, had I been present, 
I would have voted ``no.''
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the 
yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 315, 
nays 93, not voting 25, as follows:

                             [Roll No. 506]

                               YEAS--315

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Butterfield
     Camp
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Cassidy
     Castle
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Garamendi
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Graves (MO)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Luetkemeyer
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pelosi
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Waxman
     Weiner
     Welch
     Whitfield
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth

                                NAYS--93

     Aderholt
     Alexander
     Barrett (SC)
     Bartlett
     Barton (TX)
     Bishop (UT)
     Boehner
     Bonner
     Brady (TX)
     Bright
     Broun (GA)
     Burton (IN)
     Calvert
     Campbell
     Cantor
     Carter
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Culberson
     Duncan
     Fallin
     Flake
     Fleming
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves (GA)
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hunter
     Inglis
     Jenkins
     Johnson, Sam
     Jordan (OH)
     King (IA)
     Kingston
     Kline (MN)
     Lamborn
     Latham
     Latta
     Lewis (CA)
     Lucas
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     McCaul
     McClintock
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Myrick
     Neugebauer
     Olson
     Paul
     Pence
     Pitts
     Poe (TX)
     Price (GA)
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Royce
     Ryan (WI)
     Schmidt
     Sensenbrenner
     Sessions
     Shuster
     Smith (NE)
     Smith (TX)
     Sullivan
     Thompson (PA)
     Thornberry
     Westmoreland
     Wilson (SC)
     Young (AK)

                             NOT VOTING--25

     Akin
     Bachmann
     Berry
     Brown (SC)
     Buyer
     Carney
     Davis (KY)
     Delahunt
     Griffith
     Himes
     Hoekstra
     Kilpatrick (MI)
     Linder
     Marchant
     McCarthy (CA)
     Moran (KS)
     Nunes
     Radanovich
     Rogers (MI)

[[Page H6555]]


     Shadegg
     Tiahrt
     Wamp
     Watson
     Watt
     Young (FL)

                              {time}  1712

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

                          ____________________