[Congressional Record Volume 167, Number 172 (Friday, October 1, 2021)]
[House]
[Pages H5585-H5589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              SURFACE TRANSPORTATION EXTENSION ACT OF 2021

  Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5434) to provide an extension of Federal-aid highway, 
highway safety, and transit programs, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

[[Page H5586]]

  


                               H.R. 5434

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Surface Transportation 
     Extension Act of 2021''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Covered law.--The term ``covered law'' means any of the 
     following:
       (A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV 
     of the FAST Act (Public Law 114-94; 129 Stat. 1312).
       (B) Division A, division B, subtitle A of title I and title 
     II of division C, and division E of MAP-21 (Public Law 112-
     141; 126 Stat. 405).
       (C) Titles I, II, and III of the SAFETEA-LU Technical 
     Corrections Act of 2008 (Public Law 110-244; 122 Stat. 1572).
       (D) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public 
     Law 109-59; 119 Stat. 1144).
       (E) Titles I, II, III, IV, and V of the Transportation 
     Equity Act for the 21st Century (Public Law 105-178; 112 
     Stat. 107).
       (F) Titles II, III, and IV of the National Highway System 
     Designation Act of 1995 (Public Law 104-59; 109 Stat. 568).
       (G) Titles I, II, III, IV, V, and VI of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240; 105 Stat. 1914).
       (H) Title 23, United States Code.
       (I) Sections 116, 117, 330, 5128, 5505, and 24905 and 
     chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, 
     United States Code.
       (J) Division B of the Continuing Appropriations Act, 2021 
     and Other Extensions Act (Public Law 116-159; 134 Stat. 725).
       (2) Extension end date.--The term ``extension end date'' 
     means October 31, 2021.
       (3) Extension fraction.--The term ``extension fraction'' 
     means the quotient, expressed as a fraction, obtained by 
     dividing--
       (A) the number of days in the extension period; by
       (B) 365.
       (4) Extension period.--The term ``extension period'' means 
     the period that begins on October 1, 2021, and ends on the 
     extension end date.
       (5) Highway account.--The term ``Highway Account'' means 
     the portion of the Highway Trust Fund that is not the Mass 
     Transit Account.
       (6) Mass transit account.--The term ``Mass Transit 
     Account'' means the portion of the Highway Trust Fund 
     established under section 9503(e)(1) of the Internal Revenue 
     Code of 1986.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (8) State.--The term ``State'' means the 50 States and the 
     District of Columbia.

                TITLE I--SURFACE TRANSPORTATION PROGRAMS

     SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION 
                   PROGRAMS.

       (a) In General.--Except as otherwise provided in this Act, 
     the requirements, authorities, conditions, eligibilities, 
     limitations, and other provisions authorized under the 
     covered laws, which would otherwise expire on or cease to 
     apply after September 30, 2021, are incorporated by reference 
     and shall continue in effect through the extension end date.
       (b) Authorization of Appropriations.--
       (1) Highway trust fund.--
       (A) Highway account.--There is authorized to be 
     appropriated from the Highway Account for fiscal year 2022, 
     for each program with respect to which amounts are authorized 
     to be appropriated from such account for fiscal year 2021, an 
     amount equal to the extension fraction of the amount 
     authorized for appropriation with respect to the program from 
     such account under the covered laws for fiscal year 2021.
       (B) Mass transit account.--There is authorized to be 
     appropriated from the Mass Transit Account for fiscal year 
     2022, for each program with respect to which amounts are 
     authorized to be appropriated from such account for fiscal 
     year 2021, an amount equal to the extension fraction of the 
     amount authorized for appropriation with respect to the 
     program from such account under the covered laws for fiscal 
     year 2021.
       (2) General fund.--There is authorized to be appropriated 
     for fiscal year 2022, for each program under the covered laws 
     with respect to which amounts are authorized to be 
     appropriated for fiscal year 2021 from an account other than 
     the Highway Account or the Mass Transit Account, an amount 
     that is not less than the extension fraction of the amount 
     authorized for appropriation with respect to the program 
     under the covered laws for fiscal year 2021.
       (c) Use of Funds.--
       (1) In general.--Except as described in paragraph (2), 
     amounts authorized to be appropriated for fiscal year 2022 
     with respect to a program under subsection (b) shall be 
     distributed, administered, limited, and made available for 
     obligation in the same manner as amounts authorized to be 
     appropriated with respect to the program for fiscal year 2021 
     under the covered laws.
       (2) Apportionment to states.--
       (A) In general.--Notwithstanding subsections (c)(2) or 
     (e)(1) of section 104 of title 23, United States Code, the 
     Secretary--
       (i) shall not apportion on October 1, 2021, amounts 
     authorized to be appropriated for fiscal year 2022 under 
     subsection (b)(1)(A) with a respect to a program described in 
     subparagraph (B); and
       (ii) shall not apportion such amounts before October 15, 
     2021.
       (B) Programs described.--A program referred to in 
     subparagraph (A)(i) is a program--
       (i) for which amounts are authorized to be appropriated 
     under subsection (b)(1)(A); and
       (ii) under which amounts described in clause (i) will be 
     apportioned to States as described in section 104 of title 
     23, United States Code.
       (C) Notice to states.--Section 104(e)(2) of title 23, 
     United States Code, shall not apply for fiscal year 2022.
       (d) Obligation Limitation.--
       (1) In general.--Subject to paragraph (2), a program for 
     which amounts are authorized to be appropriated under 
     subsection (b)(1) shall be subject to a limitation on 
     obligations for fiscal year 2022 in an amount equal to the 
     extension fraction of the limitation on obligations for the 
     program for fiscal year 2021 and in the same manner as the 
     limitation applicable with respect to the program for fiscal 
     year 2021.
       (2) Federal-aid highways.--
       (A) In general.--In distributing a limitation on 
     obligations for Federal-aid highways for qualifying programs, 
     the Secretary--
       (i) shall reserve, for qualifying programs, an amount of 
     the limitation on obligations for Federal-aid highways equal 
     to the amount calculated for the extension period for 
     qualifying programs in effect on the date of enactment of 
     this Act; and
       (ii) if H.R. 3684 (117th Congress) is enacted, may 
     distribute the amount determined under clause (i) among 
     qualifying programs (including any qualifying programs 
     established pursuant to such H.R. 3684) in a manner 
     determined to be appropriate by the Secretary.
       (B) Calculation.--Notwithstanding the enactment of H.R. 
     3684 (117th Congress), the Secretary shall calculate the 
     amount under subparagraph (A)(i) in the manner described in 
     section 120(a)(4) of division L of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260).
       (C) Definition of qualifying program.--In this paragraph, 
     the term ``qualifying program'' means a program for Federal-
     aid highways that is--
       (i) allocated by the Secretary under--

       (I) title 23, United States Code;
       (II) subsection (c)(1); or
       (III) H.R. 3684 (117th Congress), if enacted; or

       (ii) apportioned by the Secretary under section 202 or 204 
     of title 23, United States Code.

     SEC. 102. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY 
                   PROJECTS.

       During the extension period, until H.R. 3684 (117th 
     Congress) is enacted, the matter preceding clause (i) in 
     section 117(d)(2)(A) of title 23, United States Code, shall 
     be applied--
       (1) by substituting ``$700,000,000'' for ``$600,000,000''; 
     and
       (2) by substituting ``2022'' for ``2021''.

     SEC. 103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

       During the extension period, until H.R. 3684 (117th 
     Congress) is enacted, section 403(h)(2) of title 23, United 
     States Code, shall be applied--
       (1) by substituting ``2022'' for ``2021''; and
       (2) by substituting ``$31,872,000'' for ``$26,560,000''.

     SEC. 104. RAIL-RELATED PROVISIONS.

       During the extension period, until H.R. 3684 (117th 
     Congress) is enacted, section 502(b)(3) of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822(b)(3)) shall be applied by substituting the extension end 
     date for ``September 30, 2021''.

     SEC. 105. PROHIBITION ON USE OF FUNDS.

       None of the funds authorized in this Act or any other Act 
     may be used to adjust apportionments for the Mass Transit 
     Account or withhold funds from apportionments for the Mass 
     Transit Account pursuant to section 9503(e)(4) of the 
     Internal Revenue Code of 1986 in fiscal year 2022.

     SEC. 106. APPALACHIAN REGIONAL COMMISSION.

       During the extension period, until H.R. 3684 (117th 
     Congress) is enacted--
       (1) section 14703 of title 40, United States Code, shall be 
     applied--
       (A) in subsection (a)(5), by substituting ``2022'' for 
     ``2021''; and
       (B) in subsection (c), by substituting ``2022'' for 
     ``2021''; and
       (2) section 14704 of title 40, United States Code, shall be 
     applied by substituting ``2022'' for ``2021''.

     SEC. 107. SPORT FISHING.

       During the extension period, until H.R. 3684 (117th 
     Congress) is enacted, section 4 of the Dingell-Johnson Sport 
     Fish Restoration Act (16 U.S.C. 777c) shall be applied by 
     substituting--
       (1) ``fiscal year 2022'' for ``fiscal year 2021'' in 
     subsections (a) and (b)(1)(A); and
       (2) ``fiscal years 2016 through 2022'' for ``fiscal years 
     2016 through 2021'' in subsection (b)(2)(A).

     SEC. 108. FEDERAL EMPLOYEE COMPENSATION FOLLOWING HIGHWAY 
                   TRUST FUND EXPIRATION.

       (a) In General.--Each employee of the United States 
     Government furloughed as a result of a covered lapse in 
     Highway Trust Fund expenditure authority shall be paid for 
     the period of the covered lapse, and each excepted employee 
     who is required to perform work during a covered lapse shall 
     be paid for such work, at the employee's standard rate of 
     pay, at the earliest date possible after the

[[Page H5587]]

     covered lapse ends, regardless of scheduled pay dates, and 
     subject to availability of funds.
       (b) Covered Lapse.--In this section, the term ``covered 
     lapse in Highway Trust Fund expenditure authority'' means any 
     lapse in authority to make expenditures from the Highway 
     Trust Fund that begins on October 1, 2021 and ends on or 
     before the date of enactment of this Act.

                         TITLE II--TRUST FUNDS

     SEC. 201. EXTENSION OF EXPENDITURE AUTHORITY FOR HIGHWAY 
                   TRUST FUND, SPORT FISH RESTORATION AND BOATING 
                   TRUST FUND, AND LEAKING UNDERGROUND STORAGE 
                   TANK TRUST FUND.

       (a) Highway Trust Fund.--Section 9503 of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``October 1, 2021'' in subsections 
     (b)(6)(B), (c)(1), and (e)(3) and inserting ``November 1, 
     2021'', and
       (2) by striking ``Continuing Appropriations Act, 2021 and 
     Other Extensions Act'' in subsections (c)(1) and (e)(3) and 
     inserting ``Surface Transportation Extension Act of 2021''.
       (b) Sport Fish Restoration and Boating Trust Fund.--Section 
     9504 of such Code is amended--
       (1) by striking ``Continuing Appropriations Act, 2021 and 
     Other Extensions Act'' each place it appears in subsection 
     (b)(2) and inserting ``Surface Transportation Extension Act 
     of 2021'', and
       (2) by striking ``October 1, 2021'' in subsection (d)(2) 
     and inserting ``November 1, 2021''.
       (c) Leaking Underground Storage Tank Trust Fund.--Section 
     9508(e)(2) of such Code is amended by striking ``October 1, 
     2021'' and inserting ``November 1, 2021''.
       (d) Special Rule for Execution of Amendments.--On the date 
     of enactment of H.R. 3684 (117th Congress)--
       (1) this section and the amendments made by this section 
     shall cease to be effective;
       (2) the text of the laws amended by this section shall 
     revert back so as to read as the text read on the day before 
     the date of enactment of this section; and
       (3) the amendments made by H.R. 3684 (117th Congress) shall 
     be executed as if this section had not been enacted.

                  TITLE III--REPLACEMENT AUTHORIZATION

     SEC. 301. RESCISSION OF DUPLICATIVE CONTRACT AUTHORITY.

       (a) In General.--Upon enactment of H.R. 3684 (117th 
     Congress), subject to subsections (c) and (d), for each 
     program described in subsection (b), there is permanently 
     rescinded an amount of contract authority equal to the 
     contract authority made available for that program under 
     section 101.
       (b) Programs Described.--A program referred to in 
     subsection (a) is a program for which contract authority was 
     made available for fiscal year 2022 under both section 101 
     and H.R. 3684 (117th Congress).
       (c) Implementation.--
       (1) Application of rescission among certain programs.--The 
     amount of contract authority rescinded under subsection (a) 
     shall be applied among States for apportioned programs in the 
     same amounts that contract authority would be apportioned to 
     such States and distributed for such apportioned programs 
     under section 101.
       (2) Substantially similar and successor programs.--The 
     Secretary may implement subsection (a) in a manner that, as 
     determined appropriate by the Secretary, accommodates a 
     circumstance in which--
       (A) section 101 makes available contract authority for 
     fiscal year 2022 for a program; and
       (B) H.R. 3684 (117th Congress) makes available contract 
     authority for fiscal year 2022 for a program that is, in the 
     judgment of the Secretary, substantially similar or a 
     successor to the program referred to in subparagraph (A).
       (d) Deadline.--The Secretary shall implement the rescission 
     under subsection (a) not later than September 30, 2022.
       (e) Apportionment Exception.--Notwithstanding subsection 
     (c)(2) or (e)(1) of section 104 of title 23, United States 
     Code, or section 101(c)(2), the Secretary shall not be 
     required to apportion any amounts of contract authority that 
     are rescinded pursuant to this section.

     SEC. 302. PRIOR ENACTED AUTHORIZATION.

       If H.R. 3684 (117th Congress) is enacted before the date of 
     enactment of this Act, this Act shall not take effect and the 
     provisions of this Act shall not be executed.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. DeFazio) and the gentleman from Missouri (Mr. Graves) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to include extraneous material on H.R. 5434.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5434, the Surface 
Transportation Extension Act of 2021.
  I wish that we were not at this point, calling up a short-term 
extension of Federal highway, transit, highway safety, motor carrier, 
research, and transportation financing programs. Yet, here we are.
  The House did its work. We passed the INVEST in America Act on July 
4, H.R. 3684, a 5-year transformative reauthorization of surface 
transportation for the Nation dealing with climate change, resilience, 
creating jobs, social equity, a host of other things, and rebuilding 
our crumbling infrastructure.
  The Senate did something different, but they did pass the 
Infrastructure Investment and Jobs Act, the Senate amendment to H.R. 
3684, which also included a 5-year authorization of surface 
transportation programs.
  We have not yet found a path forward for both Chambers to pass the 
same version of this bill. But we do need to act immediately to restore 
the ability of Federal surface transportation programs to function and 
to prevent putting thousands of U.S. Department of Transportation 
employees out of work for additional time.
  We need to act now to avoid further ramifications for surface 
transportation programs. At 12:01 a.m. today, October 1, 2021, U.S. 
Department of Transportation operations funded out of the highway trust 
fund had to shut down due to a lapse in authorization. Mr. Speaker, 
3,700 employees received furlough notices that they could not work 
today or had to work without pay due to a temporary shutdown of these 
programs.
  Beginning this morning, the authority for Federal highway, transit, 
highway safety, and motor carrier safety programs lapsed. This means 
that until Congress passes an extension or replacement authorization, 
the furlough of approximately 3,700 employees will continue, and the 
Federal Highway Administration cannot provide any new funding to 
States, the District of Columbia, and the territories. The Federal 
Highway Administration can continue reimbursing States for obligations 
incurred before the lapse, but that is not enough.
  The Federal Transit Administration can't issue new funding to 1,300 
transit grantees that rely on Federal grants to fund construction, buy 
vehicles and equipment, and, in some cases, pay for operating costs. 
They can continue to make payments for grants issued before October 1, 
but that is not good enough.
  The National Highway Traffic Safety Administration can't award new 
highway traffic safety grants, and the Federal Motor Carrier Safety 
Administration must stop issuing new motor carrier safety grants. The 
Office of the Secretary can't make any TIFIA loans, which are critical 
for many large projects.
  The Surface Transportation Extension Act of 2021 will allow the 
Department of Transportation to restart operations of programs funded 
by the highway trust fund through October 31, 2021, and bring employees 
back to work. It will also authorize DOT to provide backpay for 
employees who had to miss a day of work through no fault of their own 
and for those who worked without pay.
  The bill also includes provisions to adjust program levels should 
Congress enact a long-term surface transportation or infrastructure 
bill, H.R. 3684, during the extension period.
  Finally, the bill provides a similar short-term extension for the 
Appalachian Regional Commission and the Dingell-Johnson Sport Fish 
Restoration Act.
  Mr. Speaker, I urge my colleagues to support this extension which 
will help provide additional time to work through a final resolution on 
the legislation between the House and the Senate.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I am planning to support this short-term extension of 
highway programs because it is a clean extension, and it is the right 
thing to do at this point.
  At midnight last night, funding for these programs expired because I 
suppose Speaker Pelosi and the majority

[[Page H5588]]

thought this lapse and shutdown would be minimal. Maybe we should ask 
the thousands of workers who are now furloughed, our State departments 
of transportation, and other stakeholders whether they also would 
minimize the majority's inaction and the game playing that is taking 
place.
  Let me be clear: The Speaker's partisan process is what led us to 
this point, and this chaos highlights more than ever the need for us to 
be working across the aisle. Getting a bipartisan highway 
infrastructure bill done should be easiest thing that we do in 
Congress. Bipartisanship has always been the formula for success on 
infrastructure, and that hasn't changed.
  In my 20 years in Congress, I have supported all three highway bills 
that have been signed into law. All three of them were bipartisan. All 
three of them were under Republican chairmen.
  I stand ready to participate in a truly bipartisan process that 
involves input from both the House and the Senate, not just one 
Chamber.
  Republicans have put forward infrastructure principles in numerous 
pieces of infrastructure legislation. We were ready to come to the 
negotiating table, but we didn't get that opportunity. Republicans 
warned that a partisan path would put us in a position like this, and 
here we are.
  Nevertheless, we remain ready to come to the table and get back to 
the bipartisan tradition on infrastructure. Passing this extension is 
the right thing to do, but the last thing we need is a series of short-
term extensions. These short-term extensions are extremely detrimental 
to the States, to the stakeholders, and to the jobs that support these 
critical projects and programs.

  Short-term extensions mean leaving States with uncertainty in their 
plans to fix, maintain, and upgrade roads and bridges. Mr. Speaker, you 
can't plan multiyear infrastructure and highway projects with the 
guarantee of only a few weeks of funding at a time.
  It is time to get back to what works. Bipartisanship on both sides of 
Capitol Hill is the key to success when it comes to infrastructure.
  Mr. Speaker, I urge my colleagues to support this clean extension, 
and I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I believe I have the right to close. I have 
no further speakers, and I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume to close.
  Again, Mr. Speaker, this process has been horribly managed, and it is 
unfortunate that we didn't take this action before transportation 
programs were shut down and people were furloughed. Having said that, 
we need to provide this certainty for our State DOTs and for our 
transportation stakeholders.
  Therefore, Mr. Speaker, I do urge support for this clean, short-term 
extension. It doesn't cost anything, and it is the right thing to do. I 
yield back the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I urge all of my colleagues to support this 
short-term extension to put DOT back to work and get on with the 
critical business of rebuilding America's infrastructure.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules 
and pass the bill, H.R. 5434.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GRAVES of Missouri. Mr. Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 365, 
nays 51, not voting 15, as follows:

                             [Roll No. 313]

                               YEAS--365

     Adams
     Aderholt
     Aguilar
     Allen
     Allred
     Amodei
     Armstrong
     Arrington
     Auchincloss
     Axne
     Babin
     Bacon
     Balderson
     Banks
     Barr
     Barragan
     Bass
     Beatty
     Bentz
     Bera
     Bergman
     Beyer
     Bice (OK)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bost
     Bourdeaux
     Bowman
     Boyle, Brendan F.
     Brady
     Brooks
     Brown
     Brownley
     Buchanan
     Bucshon
     Budd
     Burgess
     Bush
     Bustos
     Butterfield
     Calvert
     Cammack
     Carbajal
     Cardenas
     Carl
     Carson
     Carter (GA)
     Carter (LA)
     Carter (TX)
     Cartwright
     Case
     Casten
     Castor (FL)
     Castro (TX)
     Chabot
     Cheney
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Cleaver
     Cloud
     Clyburn
     Cohen
     Cole
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Craig
     Crawford
     Crenshaw
     Crist
     Crow
     Cuellar
     Curtis
     Davids (KS)
     Davidson
     Davis, Danny K.
     Davis, Rodney
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Diaz-Balart
     Dingell
     Doggett
     Donalds
     Doyle, Michael F.
     Duncan
     Dunn
     Ellzey
     Emmer
     Escobar
     Eshoo
     Espaillat
     Evans
     Fallon
     Feenstra
     Ferguson
     Fischbach
     Fitzgerald
     Fitzpatrick
     Fleischmann
     Fletcher
     Fortenberry
     Foster
     Foxx
     Frankel, Lois
     Franklin, C. Scott
     Gallego
     Garamendi
     Garbarino
     Garcia (CA)
     Garcia (IL)
     Garcia (TX)
     Gibbs
     Gimenez
     Golden
     Gomez
     Gonzales, Tony
     Gonzalez (OH)
     Gonzalez, Vicente
     Gooden (TX)
     Gottheimer
     Granger
     Graves (LA)
     Graves (MO)
     Green, Al (TX)
     Griffith
     Grijalva
     Guthrie
     Hagedorn
     Harder (CA)
     Hartzler
     Hayes
     Herrera Beutler
     Higgins (LA)
     Higgins (NY)
     Hill
     Himes
     Hinson
     Horsford
     Houlahan
     Hoyer
     Hudson
     Huffman
     Huizenga
     Issa
     Jackson Lee
     Jacobs (CA)
     Jacobs (NY)
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (OH)
     Johnson (TX)
     Jones
     Joyce (OH)
     Joyce (PA)
     Kahele
     Kaptur
     Katko
     Keating
     Keller
     Kelly (IL)
     Kelly (PA)
     Khanna
     Kildee
     Kilmer
     Kim (CA)
     Kim (NJ)
     Kind
     Kinzinger
     Kirkpatrick
     Krishnamoorthi
     Kuster
     Kustoff
     LaHood
     LaMalfa
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Latta
     LaTurner
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Leger Fernandez
     Letlow
     Levin (CA)
     Levin (MI)
     Lieu
     Lofgren
     Long
     Lowenthal
     Lucas
     Luetkemeyer
     Luria
     Lynch
     Malinowski
     Malliotakis
     Maloney, Carolyn B.
     Maloney, Sean
     Mann
     Manning
     Matsui
     McBath
     McCarthy
     McCaul
     McClain
     McCollum
     McEachin
     McGovern
     McKinley
     McNerney
     Meeks
     Meijer
     Meng
     Meuser
     Mfume
     Miller (WV)
     Miller-Meeks
     Moolenaar
     Mooney
     Moore (UT)
     Moore (WI)
     Morelle
     Moulton
     Mrvan
     Mullin
     Murphy (FL)
     Murphy (NC)
     Nadler
     Napolitano
     Neal
     Neguse
     Newman
     Norcross
     Nunes
     O'Halleran
     Obernolte
     Ocasio-Cortez
     Omar
     Owens
     Palazzo
     Pallone
     Palmer
     Panetta
     Pappas
     Pascrell
     Payne
     Pence
     Perlmutter
     Peters
     Pfluger
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Reschenthaler
     Rice (NY)
     Rice (SC)
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Rose
     Ross
     Rouzer
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Rutherford
     Ryan
     Salazar
     Sanchez
     Sarbanes
     Scalise
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schrier
     Scott (VA)
     Scott, David
     Sewell
     Sherman
     Sherrill
     Simpson
     Sires
     Slotkin
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (WA)
     Smucker
     Soto
     Spanberger
     Spartz
     Speier
     Stansbury
     Stanton
     Stauber
     Steel
     Stefanik
     Stevens
     Stewart
     Strickland
     Suozzi
     Takano
     Tenney
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres (NY)
     Trahan
     Trone
     Turner
     Underwood
     Upton
     Valadao
     Van Drew
     Van Duyne
     Vargas
     Veasey
     Velazquez
     Wagner
     Walberg
     Walorski
     Waltz
     Wasserman Schultz
     Waters
     Watson Coleman
     Webster (FL)
     Welch
     Westerman
     Wexton
     Wild
     Williams (GA)
     Williams (TX)
     Wilson (FL)
     Wittman
     Womack
     Yarmuth
     Young
     Zeldin

                                NAYS--51

     Baird
     Biggs
     Bilirakis
     Bishop (NC)
     Boebert
     Buck
     Burchett
     Cawthorn
     Cline
     Clyde
     Comer
     DesJarlais
     Fulcher
     Gaetz
     Gallagher
     Gohmert
     Good (VA)
     Gosar
     Green (TN)
     Greene (GA)
     Grothman
     Guest
     Harris
     Harshbarger
     Herrell
     Jackson
     Jordan
     Kelly (MS)
     Lamborn
     Loudermilk
     Massie
     Mast
     McClintock
     McHenry
     Miller (IL)
     Moore (AL)
     Nehls
     Norman
     Perry
     Posey
     Reed
     Rosendale
     Roy
     Schweikert
     Scott, Austin
     Sessions
     Steube
     Taylor
     Timmons
     Weber (TX)
     Wilson (SC)

                             NOT VOTING--15

     Bishop (GA)
     Estes
     Hern
     Hice (GA)
     Hollingsworth
     Johnson (LA)
     Johnson (SD)
     Lesko
     Mace
     Newhouse
     Steil
     Swalwell
     Tiffany
     Vela
     Wenstrup

                              {time}  2010

  Ms. TLAIB, Messrs. BROOKS, LaHOOD, and PALAZZO changed their vote 
from ``nay'' to ``yea.''
  So (two-thirds being in the affirmative) the rules were suspended and 
the bill was passed.

[[Page H5589]]

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


    Members Recorded Pursuant to House Resolution 8, 117th Congress

     Armstrong (Joyce (PA))
     Babin (Arrington)
      Baird (Bucshon)
     Beyer (Connolly)
     Bishop (NC) (Rouzer)
     Blumenauer (Clark (MA))
     Bowman (Khanna)
     Buchanan (Rice (SC))
     Burgess (Pfluger)
     Cawthorn (McHenry)
     Chu (Clark (MA))
     Comer (Arrington)
     Crawford (Joyce (PA))
     Cuellar (Green (TX))
     Demings (Garcia (TX))
     DesJarlais (Fleischmann)
     Diaz-Balart (Waltz)
     Doggett (Raskin)
     Doyle, Michael F. (Cartwright)
     Emmer (McHenry)
     Escobar (Jayapal)
     Ferguson (Kustoff)
     Frankel, Lois (Clark (MA))
     Fulcher (Johnson (OH))
     Gallego (Barragan)
     Garamendi (Sherman)
     Gibbs (Smucker)
     Gimenez (Waltz)
     Gomez (Ocasio-Cortez)
     Granger (Cole)
     Green (TN) (Fleischmann)
     Grijalva (Garcia (IL))
     Hagedorn (Carl)
     Harshbarger (Van Duyne)
     Hudson (Rouzer)
     Issa (Valadao)
     Jackson (Van Duyne)
     Johnson (TX) (Jeffries)
     Kelly (IL) (Hayes)
     Kind (Connolly)
     Kinzinger (Gonzalez (OH))
     Kirkpatrick (Stanton)
     Krishnamoorthi (Spanberger)
     Langevin (Lynch)
     Lawson (FL) (Evans)
     Letlow (Joyce (PA))
     Luetkemeyer (Long)
     Mann (Pfluger)
     McBath (Underwood)
     McCaul (Arrington)
     McEachin (Wexton)
     Meng (Jeffries)
     Meuser (Smucker)
     Miller (WV) (Van Duyne)
     Moore (UT) (Curtis)
     Mullin (Lucas)
     Moulton (Pressley)
     Napolitano (Correa)
     Neal (McGovern)
     Nehls (Van Duyne)
     Norcross (Pallone)
     Norman (Rice (SC))
     Nunes (Garcia (CA))
     Omar (Pressley)
     Owens (Curtis)
     Payne (Pallone)
     Porter (Wexton)
     Reed (Bacon)
     Reschenthaler (Joyce (PA))
     Rodgers (WA) (Joyce (PA))
     Rogers (AL) (Carl)
     Rush (Underwood)
     Ryan (Kildee)
     Salazar (Waltz)
     Schakowsky (Garcia (IL))
     Simpson (Calvert)
     Sires (Pallone)
     Spartz (Bucshon)
     Speier (Scanlon)
     Stauber (Bergman)
     Steel (Obernolte)
     Stefanik (Smucker)
     Steube (Gonzalez (OH))
     Stewart (Curtis)
     Strickland (Torres (NY))
     Suozzi (Kildee)
     Thompson (PA) (Joyce (PA))
     Timmons (Joyce (PA))
     Trahan (Lynch)
     Van Drew (Tenney)
     Velazquez (Clarke (NY))
     Walorski (Wagner)
     Wilson (FL) (Hayes)
     Wilson (SC) (Rice (SC))

                          ____________________