[Congressional Record Volume 166, Number 9 (Wednesday, January 15, 2020)]
[House]
[Pages H270-H274]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PROTECTING OLDER WORKERS AGAINST DISCRIMINATION ACT

  The SPEAKER pro tempore. Pursuant to House Resolution 790 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. 1230.
  Will the gentleman from Texas (Mr. Cuellar) kindly resume the chair.

                              {time}  1602


                     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. 1230) to amend the Age Discrimination in Employment Act 
of 1967 and other laws to clarify appropriate standards for Federal 
employment discrimination and retaliation claims, and for other 
purposes, with Mr. Cuellar in the chair.
  The Clerk read the title of the bill.
  The CHAIR. When the Committee of the Whole rose earlier today, 
amendment No. 5 printed in House Report 116-377 offered by the 
gentlewoman from Michigan (Ms. Tlaib) had been disposed of.


                  Amendment No. 3 Offered by Mr. Allen

  The CHAIR. Pursuant to clause 6 of rule XVIII, the unfinished 
business is the demand for a recorded vote on amendment No. 3 printed 
in House Report 116-790 offered by the gentleman from Georgia (Mr. 
Allen) 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 163, 
noes 257, not voting 15, as follows:

                             [Roll No. 19]

                               AYES--163

     Abraham
     Aderholt
     Allen
     Amodei
     Armstrong
     Arrington
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bergman
     Biggs
     Bilirakis
     Bishop (NC)
     Bishop (UT)
     Bost
     Brady
     Brooks (AL)
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Cline
     Cloud
     Cole
     Collins (GA)
     Comer
     Conaway
     Cook
     Crenshaw
     Curtis
     DesJarlais
     Diaz-Balart
     Duncan
     Dunn
     Emmer
     Estes
     Ferguson
     Fleischmann
     Flores
     Fortenberry
     Foxx (NC)
     Fulcher
     Gaetz

[[Page H271]]


     Gallagher
     Gianforte
     Gibbs
     Gohmert
     Gonzalez (OH)
     Gonzalez-Colon (PR)
     Gooden
     Gosar
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Green (TN)
     Guest
     Guthrie
     Hagedorn
     Harris
     Hartzler
     Hern, Kevin
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill (AR)
     Holding
     Hudson
     Huizenga
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (PA)
     Keller
     Kelly (MS)
     Kelly (PA)
     King (IA)
     Kustoff (TN)
     LaHood
     LaMalfa
     Lamborn
     Latta
     Long
     Lucas
     Luetkemeyer
     Marshall
     Massie
     McCaul
     McHenry
     McKinley
     Meuser
     Miller
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Murphy (NC)
     Newhouse
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Pence
     Posey
     Ratcliffe
     Reschenthaler
     Rice (SC)
     Riggleman
     Roby
     Rodgers (WA)
     Roe, David P.
     Rogers (AL)
     Rogers (KY)
     Rooney (FL)
     Rose, John W.
     Rouzer
     Rutherford
     Scalise
     Schweikert
     Scott, Austin
     Shimkus
     Smith (MO)
     Smith (NE)
     Smucker
     Spano
     Steil
     Steube
     Stewart
     Stivers
     Taylor
     Thompson (PA)
     Thornberry
     Timmons
     Tipton
     Wagner
     Walberg
     Walker
     Walorski
     Waltz
     Watkins
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Wright
     Yoho
     Young
     Zeldin

                               NOES--257

     Adams
     Aguilar
     Allred
     Amash
     Axne
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brindisi
     Brooks (IN)
     Brown (MD)
     Brownley (CA)
     Buchanan
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Case
     Casten (IL)
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Cisneros
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Cox (CA)
     Craig
     Crist
     Crow
     Cuellar
     Cunningham
     Davids (KS)
     Davidson (OH)
     Davis (CA)
     Davis, Danny K.
     Davis, Rodney
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Engel
     Escobar
     Eshoo
     Espaillat
     Evans
     Finkenauer
     Fitzpatrick
     Fletcher
     Foster
     Frankel
     Fudge
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Golden
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al (TX)
     Griffith
     Grijalva
     Grothman
     Haaland
     Harder (CA)
     Hastings
     Hayes
     Heck
     Higgins (NY)
     Himes
     Hollingsworth
     Horn, Kendra S.
     Horsford
     Houlahan
     Hoyer
     Huffman
     Hurd (TX)
     Jackson Lee
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Joyce (OH)
     Kaptur
     Katko
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kildee
     Kilmer
     Kim
     Kind
     King (NY)
     Kinzinger
     Krishnamoorthi
     Kuster (NH)
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Levin (CA)
     Levin (MI)
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan
     Luria
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Mast
     Matsui
     McAdams
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meadows
     Meeks
     Meng
     Moore
     Morelle
     Moulton
     Mucarsel-Powell
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Neguse
     Norcross
     Norton
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Perlmutter
     Perry
     Peters
     Peterson
     Phillips
     Pingree
     Plaskett
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Reed
     Rice (NY)
     Richmond
     Rose (NY)
     Rouda
     Roy
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sablan
     San Nicolas
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schrier
     Scott (VA)
     Scott, David
     Sensenbrenner
     Serrano
     Sewell (AL)
     Shalala
     Sherman
     Sherrill
     Sires
     Slotkin
     Smith (NJ)
     Smith (WA)
     Soto
     Spanberger
     Speier
     Stanton
     Stauber
     Stefanik
     Stevens
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres Small (NM)
     Trahan
     Trone
     Turner
     Underwood
     Upton
     Van Drew
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walden
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Yarmuth

                             NOT VOTING--15

     Byrne
     Calvert
     Clay
     Crawford
     Gabbard
     Kirkpatrick
     Lesko
     Lewis
     Loudermilk
     Marchant
     McCarthy
     McClintock
     Radewagen
     Simpson
     Wilson (FL)

                              {time}  1631

  Ms. DEAN, Messrs. HECK, CUNNINGHAM, Ms. BASS, Mr. ROY, Ms. DeLAURO, 
Messrs. GROTHMAN, MEADOWS, WALDEN, SUOZZI, PAYNE, and NADLER changed 
their vote from ``aye'' to ``no.''
  Mr. KUSTOFF of Tennessee changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Mr. McCARTHY. Mr. Chair, I was unavoidably detained. Had I been 
present, I would have voted ``yea'' on rollcall No. 19.
  The Acting CHAIR (Mr. Cicilline). There being no further amendments 
under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Cuellar) having assumed the chair, Mr. Cicilline, 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. 1230) to 
amend the Age Discrimination in Employment Act of 1967 and other laws 
to clarify appropriate standards for Federal employment discrimination 
and retaliation claims, and for other purposes, and, pursuant to House 
Resolution 790, he reported the bill, as amended by that resolution, 
back to the House with sundry further amendments adopted in the 
Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any further amendment reported from 
the Committee of the Whole? If not, the Chair will put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

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

       Mr. Smucker moves to recommit the bill (H.R. 1230) to the 
     Committee on Education and Labor, with instructions to report 
     the bill back to the House forthwith with the following 
     amendment:
       At the end of the bill, add the following:

     SEC. __. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to alter the status 
     of a truck driver as an independent contractor if the truck 
     driver is currently considered to be an independent 
     contractor under Federal law.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania is recognized for 5 minutes in support of his motion.
  Mr. SMUCKER. Mr. Speaker, this motion to recommit ensures that 
nothing in H.R. 1230 shall be construed to alter the status of a truck 
driver who is an independent contractor if the truck driver is 
currently considered to be an independent contractor under Federal law.
  Mr. Speaker, Democrats in Congress and in State legislatures across 
the country are currently working to enact an unnecessary, backward-
looking, and confusing legal standard for determining employee status. 
Their standard would deprive millions of Americans of the opportunity 
to work independently and to start their own businesses.
  It seems like bad ideas like this often start off in California, and 
the Democrats' desire to all but eliminate independent contracting is 
no exception. A California law, known as Assembly Bill 5, is wreaking 
havoc on workers in industries ranging from freelance journalism to 
ride-sharing and many more.
  The result is heart-wrenching stories from workers whose livelihoods 
have been turned upside down because Democrats have pushed through a 
radical leftwing policy.
  Interestingly, California Democrats carved out some of their favorite 
friends, but truck drivers were not exempted, despite their opposition, 
despite their rally at the State Capitol, which included blaring their 
truck horns and all.
  Fortunately for truck drivers, a district court has recently issued a 
temporary restraining order blocking enforcement of the law against 
independent truck drivers in the State.
  But it doesn't end there. Democrats right here in Congress continue 
this assault on independent contractors.
  Mr. Speaker, 215 House Democrats have cosponsored the PRO Act, 
legislation that would take the text of California's anti-independent 
contractor law and make it Federal law, with no exemptions for truck 
drivers, or anyone else, for that matter.

[[Page H272]]

  Let me say this again. The Democrats' legislation pending in the 
House, on which, by the way, the majority leader promised a vote by 
President's Day, would impose California's anti-independent contractor 
law on every business in America.
  Independent contracting today allows millions of American families 
the opportunity to live their own American Dream.
  I started my own career as an independent contractor operating my own 
drywall company at the age of 17. The flexibility this status offered 
allowed me to grow the business, building a team of hundreds of 
employees with family-sustaining jobs over the course of 25 years.
  Independent truck drivers specifically are able to invest in their 
own careers and work for themselves on their own schedules while 
powering the American economy across the country.
  Mr. Speaker, according to the Owner-Operator Independent Drivers 
Association, there are over 350,000 owner-operator independent truck 
drivers in the United States. Their average net income in 2018 was well 
over $50,000, more than their professional employee-driver 
counterparts.
  Last August, I participated in a ride with my constituent Randy 
Martin, who is owner-operator of Peachey Transport in Denver, 
Pennsylvania. Randy has grown a successful business hauling premier 
Lancaster County farm products.
  He has been driving trucks since 1984 and shared with me that this 
career has allowed him to provide for his family while becoming a 
successful entrepreneur. It has allowed him and his family to achieve 
their own American Dream.
  Randy isn't the only one. In 2017, a company collected stories from 
drivers on why they love trucking. One driver, Susan Couch, said:

       I never knew a trucking job would become a passion and how 
     much this career would change my life. It has allowed me to 
     be independent and support my son alone. It has given me 
     strength I never knew I had.

  Tu Ngo told the San Francisco Chronicle that owning his own truck 
allows him to pursue the American Dream he was seeking when he fled 
Vietnam in 1982.
  Eduardo Rangel values the flexibility he has to attend his young 
son's soccer games.
  The stories are endless.
  Independent truck driving provides a steady, stable, rewarding, and 
prosperous livelihood for thousands of American workers.
  Mr. Speaker, I urge my colleagues to support these American workers. 
I urge them to support this motion to recommit. A ``yes'' vote is a 
vote to support prosperity and to support free enterprise.
  Don't let hardworking Americans become victims of a misguided labor 
scheme cooked up by socialist Democrats in California and right here in 
the U.S. Congress. Rather, vote ``yes'' to allow workers all across the 
country to prosper and to live their own American Dream.
  Mr. Speaker, I yield back the balance of my time.
  Ms. WILD. Mr. Speaker, I rise in opposition to this motion to 
recommit.
  The SPEAKER pro tempore. The gentlewoman from Pennsylvania is 
recognized for 5 minutes.
  Ms. WILD. Mr. Speaker, I am not sure that my colleague and friend 
from Pennsylvania has read the same bill that I did that we are voting 
on tonight.
  This bill, the Protecting Older Workers Against Discrimination Act, 
has nothing to do with truck drivers, and it has nothing to do with 
independent contractors.
  This motion to recommit is nothing more than a distraction from the 
very important legislation that is embodied in this bill. This MTR has 
nothing to do with discrimination against older workers, which is what 
we are seeking to protect against.
  Why do my friends and colleagues across the aisle want to hurt older 
working Americans? This legislation, H.R. 1230, was drawn up to fix the 
damage that has been done by the Supreme Court decision in Gross v. FBL 
in 2009, which severely weakened age discrimination protections.
  Since that decision was made, both the Supreme Court and the lower 
courts have relied on it and applied the Gross reasoning to the other 
civil rights laws so that it doesn't just hurt older working Americans 
who are the focus of this legislation, but other people who suffer from 
employment discrimination.
  The bill we are considering today is the bare bones of what is needed 
to rectify the damage caused by that decision. This bill represents a 
bipartisan, bicameral effort that has been 10 years in the making.
  H.R. 1230 amends the Nation's core civil rights laws to expressly 
allow for mixed-motive claims, meaning, when an employer claims 
multiple motives for terminating an employee, one of which is age 
discrimination, that that will not be permitted.
  Since the Gross decision in 2009, age discrimination continues to be 
a significant barrier to job opportunities. When older workers lose 
their jobs, they are far more likely than other workers to join the 
ranks of the long-term or permanent unemployed.
  Significantly, approximately 61 percent of older workers have either 
seen or experienced age discrimination in the workplace.
  In 2018, the EEOC received nearly 17,000 age discrimination 
complaints, accounting for more than 20 percent of all discrimination 
charges filed. While most older workers say they have seen or 
experienced age discrimination, only 3 percent report having made a 
formal complaint. These trends have a profound impact on the economic 
security of older workers and their families.
  This law has nothing to do with truckers and nothing to do with 
independent contractors. This motion to recommit is a mockery of this 
important legislation that is designed to protect older working 
Americans.
  I urge my colleagues to stand up for older workers and the 
protections that they need and deserve.
  Mr. Speaker, I yield to the gentleman from Virginia (Mr. Scott), the 
chairman of the committee.
  Mr. SCOTT of Virginia. Mr. Speaker, this is, as my colleague has 
indicated, a distraction. This has nothing to do with truck drivers or 
the PRO Act. We are talking about discrimination against older workers. 
We are talking about victims of discrimination, not who gets to 
discriminate against them.
  We have a problem that older workers are facing discrimination, and 
everybody knows it. National organizations representing senior 
citizens, advocacy groups, and civil rights groups, including the AARP, 
have all written letters asking us to protect workers against 
discrimination.
  We are correcting the Supreme Court case and the Gross decision, 
which makes it very difficult, if not impossible, for older workers to 
prove their cases. We need to defeat this distraction and pass the bill 
to protect older workers against discrimination.
  Mr. Speaker, I hope we can defeat the motion and pass the bill.
  Ms. WILD. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. SMUCKER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 5-
minute vote on the motion to recommit will be followed by a 5-minute 
vote on the passage of the bill, if ordered.
  The vote was taken by electronic device, and there were--ayes 196, 
noes 220, not voting 13, as follows:

                             [Roll No. 20]

                               AYES--196

     Abraham
     Allen
     Amodei
     Armstrong
     Arrington
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bergman
     Biggs
     Bilirakis
     Bishop (NC)
     Bishop (UT)
     Bost
     Brindisi
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Cline
     Cloud
     Cole
     Collins (GA)
     Comer
     Conaway
     Cook
     Costa
     Crenshaw
     Cunningham
     Curtis
     Davidson (OH)
     Davis, Rodney
     DesJarlais
     Diaz-Balart
     Duncan
     Dunn
     Emmer
     Estes
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Fortenberry
     Foxx (NC)
     Fulcher

[[Page H273]]


     Gaetz
     Gallagher
     Gianforte
     Gibbs
     Gohmert
     Gonzalez (OH)
     Gooden
     Gosar
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Green (TN)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Harris
     Hartzler
     Hern, Kevin
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill (AR)
     Holding
     Hollingsworth
     Horn, Kendra S.
     Hudson
     Huizenga
     Hurd (TX)
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Katko
     Keller
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger
     Kustoff (TN)
     LaHood
     LaMalfa
     Lamborn
     Latta
     Long
     Lucas
     Luetkemeyer
     Marshall
     Massie
     Mast
     McAdams
     McCarthy
     McCaul
     McHenry
     McKinley
     Meadows
     Meuser
     Miller
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Murphy (FL)
     Murphy (NC)
     Newhouse
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Pence
     Perry
     Peterson
     Posey
     Ratcliffe
     Reed
     Reschenthaler
     Rice (SC)
     Riggleman
     Roby
     Rodgers (WA)
     Roe, David P.
     Rogers (AL)
     Rogers (KY)
     Rooney (FL)
     Rose, John W.
     Rouzer
     Roy
     Rutherford
     Scalise
     Schrader
     Schweikert
     Scott, Austin
     Sensenbrenner
     Shimkus
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spano
     Stauber
     Stefanik
     Steil
     Steube
     Stewart
     Stivers
     Taylor
     Thompson (PA)
     Thornberry
     Timmons
     Tipton
     Turner
     Upton
     Van Drew
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Waltz
     Watkins
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Wright
     Yoho
     Young
     Zeldin

                               NOES--220

     Adams
     Aguilar
     Allred
     Amash
     Axne
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Case
     Casten (IL)
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Cisneros
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Courtney
     Cox (CA)
     Craig
     Crist
     Crow
     Cuellar
     Davids (KS)
     Davis (CA)
     Davis, Danny K.
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Engel
     Escobar
     Eshoo
     Espaillat
     Evans
     Finkenauer
     Fletcher
     Foster
     Frankel
     Fudge
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Golden
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al (TX)
     Grijalva
     Haaland
     Harder (CA)
     Hastings
     Hayes
     Heck
     Higgins (NY)
     Himes
     Horsford
     Houlahan
     Hoyer
     Huffman
     Jackson Lee
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kildee
     Kilmer
     Kim
     Kind
     Krishnamoorthi
     Kuster (NH)
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Levin (CA)
     Levin (MI)
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan
     Luria
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Matsui
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Morelle
     Moulton
     Mucarsel-Powell
     Nadler
     Napolitano
     Neal
     Neguse
     Norcross
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Perlmutter
     Peters
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Richmond
     Rose (NY)
     Rouda
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrier
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shalala
     Sherman
     Sherrill
     Sires
     Slotkin
     Smith (WA)
     Soto
     Spanberger
     Speier
     Stanton
     Stevens
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres Small (NM)
     Trahan
     Trone
     Underwood
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Wilson (FL)
     Yarmuth

                             NOT VOTING--13

     Aderholt
     Brady
     Byrne
     Clay
     Crawford
     Gabbard
     Kirkpatrick
     Lesko
     Lewis
     Loudermilk
     Marchant
     McClintock
     Simpson

                              {time}  1654

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Ms. FOXX of North Carolina. 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 261, 
noes 155, not voting 13, as follows:

                             [Roll No. 21]

                               AYES--261

     Adams
     Aguilar
     Allred
     Axne
     Bacon
     Balderson
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bilirakis
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bost
     Boyle, Brendan F.
     Brindisi
     Brooks (IN)
     Brown (MD)
     Brownley (CA)
     Buchanan
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Case
     Casten (IL)
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Cisneros
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cook
     Cooper
     Correa
     Costa
     Courtney
     Cox (CA)
     Craig
     Crist
     Crow
     Cuellar
     Cunningham
     Davids (KS)
     Davis (CA)
     Davis, Danny K.
     Davis, Rodney
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Diaz-Balart
     Dingell
     Doggett
     Doyle, Michael F.
     Engel
     Escobar
     Eshoo
     Espaillat
     Evans
     Finkenauer
     Fitzpatrick
     Fletcher
     Fortenberry
     Foster
     Frankel
     Fudge
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Golden
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al (TX)
     Grijalva
     Grothman
     Haaland
     Harder (CA)
     Hastings
     Hayes
     Heck
     Herrera Beutler
     Higgins (NY)
     Himes
     Hollingsworth
     Horn, Kendra S.
     Horsford
     Houlahan
     Hoyer
     Huffman
     Hurd (TX)
     Jackson Lee
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Joyce (OH)
     Kaptur
     Katko
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kildee
     Kilmer
     Kim
     Kind
     King (NY)
     Kinzinger
     Krishnamoorthi
     Kuster (NH)
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Levin (CA)
     Levin (MI)
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan
     Luria
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Mast
     Matsui
     McAdams
     McBath
     McCaul
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Morelle
     Moulton
     Mucarsel-Powell
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Neguse
     Norcross
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Perlmutter
     Peters
     Peterson
     Phillips
     Pingree
     Pocan
     Porter
     Posey
     Pressley
     Price (NC)
     Quigley
     Raskin
     Reed
     Rice (NY)
     Rice (SC)
     Richmond
     Rose (NY)
     Rouda
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schrier
     Scott (VA)
     Scott, David
     Sensenbrenner
     Serrano
     Sewell (AL)
     Shalala
     Sherman
     Sherrill
     Sires
     Slotkin
     Smith (NJ)
     Smith (WA)
     Soto
     Spanberger
     Speier
     Stanton
     Stauber
     Stefanik
     Stevens
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres Small (NM)
     Trahan
     Trone
     Turner
     Underwood
     Upton
     Van Drew
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Wagner
     Walden
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Wilson (FL)
     Yarmuth
     Young

                               NOES--155

     Abraham
     Allen
     Amash
     Amodei
     Armstrong
     Arrington
     Babin
     Baird
     Banks
     Barr
     Bergman
     Biggs
     Bishop (NC)
     Bishop (UT)
     Brady
     Brooks (AL)
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Cline
     Cloud
     Cole
     Collins (GA)
     Comer
     Conaway
     Crenshaw
     Curtis
     Davidson (OH)
     DesJarlais
     Duncan
     Dunn
     Emmer
     Estes
     Ferguson
     Fleischmann
     Flores
     Foxx (NC)
     Fulcher
     Gaetz
     Gallagher
     Gianforte
     Gibbs
     Gohmert
     Gonzalez (OH)
     Gooden
     Gosar
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Green (TN)
     Griffith
     Guest
     Guthrie
     Hagedorn
     Harris
     Hartzler
     Hern, Kevin
     Hice (GA)
     Higgins (LA)
     Hill (AR)
     Holding
     Hudson
     Huizenga
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (PA)
     Keller
     Kelly (MS)
     Kelly (PA)
     King (IA)
     Kustoff (TN)
     LaHood
     LaMalfa
     Lamborn
     Latta
     Long
     Lucas
     Luetkemeyer
     Marshall
     Massie
     McCarthy
     McHenry
     McKinley
     Meadows
     Meuser
     Miller
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Murphy (NC)
     Newhouse
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Pence
     Perry
     Ratcliffe
     Reschenthaler
     Riggleman
     Roby
     Rodgers (WA)
     Roe, David P.
     Rogers (AL)
     Rogers (KY)
     Rooney (FL)
     Rose, John W.
     Rouzer
     Rutherford
     Scalise
     Schweikert
     Scott, Austin
     Shimkus
     Smith (MO)
     Smith (NE)
     Smucker
     Spano
     Steil
     Steube
     Stewart
     Stivers
     Taylor
     Thompson (PA)
     Thornberry
     Timmons
     Tipton

[[Page H274]]


     Walberg
     Walker
     Walorski
     Waltz
     Watkins
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Wright
     Yoho
     Zeldin

                             NOT VOTING--13

     Aderholt
     Byrne
     Clay
     Crawford
     Gabbard
     Kirkpatrick
     Lesko
     Lewis
     Loudermilk
     Marchant
     McClintock
     Roy
     Simpson

                              {time}  1701

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


                          personal explanation

  Mrs. KIRKPATRICK. Mr. Speaker, I was absent today due to a medical 
emergency. Had I been present, I would have voted: ``yea'' on rollcall 
No. 18, ``no'' on rollcall No. 19, ``no'' on rollcall No. 20, and 
``yea'' on rollcall No. 21.

                          ____________________