[Congressional Record (Bound Edition), Volume 149 (2003), Part 5]
[House]
[Pages 6674-6678]
[From the U.S. Government Publishing Office, www.gpo.gov]





                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Simpson) (during the vote). The Chair 
will remind Members that there are 2 minutes remaining in this vote.

                              {time}  1617

  Messrs. BARTLETT of Maryland, BARRETT of South Carolina, SHAYS, 
INSLEE, PICKERING, BONILLA, ENGLISH, FRANKS of Arizona, NEY, PORTMAN, 
DAVIS of Tennessee, HALL, CRAMER and BISHOP of New York and Mrs. JO ANN 
DAVIS of Virginia, Mr. LUCAS of Kentucky, Mr. DEUTSCH, Ms. SLAUGHTER, 
Mr. GARRETT of New Jersey, and Mr. TOWNS changed their vote from 
``aye'' to ``no.''
  Ms. McCARTHY of Missouri, Ms. CORRINE BROWN of Florida, Mrs. BONO and 
Mr. GUTIERREZ changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Simpson). Pursuant to clause 6 of rule 
XVIII, the remaining question will be conducted as a 5-minute vote.


  Amendment No. 5 in the Nature of a Substitute Offered by Mr. Nadler

  The CHAIRMAN pro tempore. The pending business is the demand for a 
recorded vote on amendment No. 5 in the nature of a substitute offered 
by the gentleman from New York (Mr. Nadler) 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 CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 128, 
noes 296, answered ``present'' 1, not voting 9, as follows:

                             [Roll No. 72]

                               AYES--128

     Abercrombie
     Ackerman
     Allen
     Baldwin
     Ballance
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Clay
     Clyburn
     Conyers
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dingell
     Doggett
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Frank (MA)
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hinchey
     Hoeffel
     Holt
     Honda
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kennedy (RI)
     Kilpatrick
     Kleczka
     Kucinich
     Lantos
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Majette
     Maloney
     Markey
     Marshall
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Portman
     Price (NC)
     Rahall
     Rangel
     Rodriguez

[[Page 6675]]


     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Solis
     Strickland
     Thompson (MS)
     Tierney
     Towns
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu

                               NOES--296

     Aderholt
     Akin
     Alexander
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bell
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Combest
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (FL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Isakson
     Israel
     Issa
     Istook
     Janklow
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Matheson
     McCarthy (NY)
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Meeks (NY)
     Menendez
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ross
     Rothman
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wynn
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Ruppersberger
       

                             NOT VOTING--9

     Buyer
     Carson (IN)
     Dunn
     Gephardt
     Hyde
     Kaptur
     Ros-Lehtinen
     Stark
     Udall (CO)


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (during the vote). Members are advised that 
2 minutes remain in this vote, 2 minutes remain in this vote.

                              {time}  1625

  Mr. WELLER changed his vote from ``aye'' to ``no.''
  Mr. INSLEE changed his vote from ``no'' to ``aye.''
  So the amendment in the nature of a substitute was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN pro tempore. There being no further amendment in order, 
the question is on the committee amendment in the nature of a 
substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIRMAN pro tempore. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
LaTourette) having assumed the chair, Mr. Simpson, Chairman pro tempore 
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. 975) 
to amend title 11 of the United States Code, and for other purposes, 
pursuant to House Resolution 147, he reported the bill back to the 
House with an amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the amendment.
  The amendment was 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 Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Ms. JACKSON-LEE of Texas. I am, Mr. Speaker, in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Ms. Jackson-Lee of Texas moves to recommit the bill H.R. 
     975 to the Committee on the Judiciary with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       Insert after section 220 the following:

     SEC. 220A. PROTECTING ALIMONY AND CHILD SUPPORT PAYMENTS FROM 
                   COMPETITION WITH NEW CREDITOR ENTITLEMENTS.

       The amendments made by section 306(b) (limiting cramdowns), 
     by section 310 (presumption of non-discharge status for 
     luxury goods and cash advances), and by section 314 (non-
     discharge status for credit cards used to pay taxes) of this 
     Act may be waived by the court in any case in which the court 
     determines the amendment involved would impair the ability of 
     the debtor to pay any domestic support obligations (as 
     defined in section 101 of title 11 of the United States 
     Code).

  Mr. SENSENBRENNER (during the reading). Mr. Speaker, I ask unanimous 
consent that the motion to recommit be considered as read and printed 
in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.

                              {time}  1630

  The SPEAKER pro tempore (Mr. LaTourette). Pursuant to the rule, the 
gentlewoman from Texas (Ms. Jackson-Lee) is recognized for 5 minutes in 
support of her motion to recommit.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, this is an amendment, whether 
or not Members are for or against the bill in its present form, I hope 
Members will consider very closely and very seriously. Interestingly 
enough, with the economy in the backdrop of the passing of this 
legislation, more and more citizens being laid off, and more and more 
individual parents seeking both alimony and child support, this 
legislation today does not fix the problem.
  My amendment provides that a creditor should not receive any greater 
protections under the bill, with regard to cramdown on car loans, 
luxury goods purchases, cash advances or credit card debt used to pay 
taxes if it would impair the debtor's ability to pay alimony or child 
support. There are 180,000 individuals who are owing either child 
support or alimony as we speak, and the number grows, whether it be 
male or female.
  The amendment does nothing to impair the current legal position of 
the creditors. It merely states that before

[[Page 6676]]

we give them greater protection than they now enjoy, we need to ensure 
that alimony and child care are protected. Surely this is something 
that this body could agree on in fairness and equity, and it makes good 
sense.
  What is the rush to judgment to pass this bankruptcy bill in light of 
the fact that 300,000 people are laid off, a huge growing deficit, and 
the people of America crying out for some relief, that provides them 
with opportunities for jobs and survival? This bill needs to be fixed, 
and it needs to help those who are supporting children on their own, 
who have experienced a divorce, catastrophic illnesses, whatever causes 
them to be in need of these monies that they are not able to fight for.
  As currently written, the bill massively increases the amount of 
funds being paid to unsecured creditors. The problem is such payments 
will often come at the expense of other less aggressive creditors, such 
as women and children owed alimony and child support. This problem is 
by no means insignificant given that an estimated 300,000 men and women 
owing child or spousal support file for bankruptcy each year.
  The other side of the aisle will say this is not a problem because 
they have made child support and alimony the first priority. But the 
problem still exists. The debtor emerges from bankruptcy. He will be 
burdened by the massive credit card debts and unsecured car loans, and 
they cannot be discharged under this bill. Guess who will be left in 
the dump, and that is those needing alimony and child support with no 
resources.
  Mr. Speaker, I cannot imagine that we would not support repairing 
this bill. I ask my colleagues to support the motion to recommit.
  Mr. Speaker, I offer this amendment to address the bill's adverse 
impact on the payment of domestic support obligations.
  My amendment provides that a creditor should not receive any greater 
protections under the bill with regard to cramdowns on car loans, 
luxury good purchases, cash advances, or credit card debt used to pay 
taxes if it would impair the debtor's ability to pay alimony or child 
support. The amendment does nothing to impair the current legal 
position of the creditors. It merely states that before we give them 
greater protection than they now enjoy, we need to make sure that 
alimony and child care are protected. Surely this is something that we 
can all agree is fair and makes good sense.
  As currently written, the bill massively increases the amount of 
funds being paid to unsecured creditors. The problem is such payments 
will often come at the expense of other, less-aggressive creditors, 
such as women and children owed alimony and child support. This problem 
is by no means insignificant given that an estimated 300,000 men owing 
child or spousal support file for bankruptcy each year.
  Now, my colleagues on the other side of the aisle will no doubt claim 
this is not a problem, because they have made child support and alimony 
the first priority in bankruptcy. But the problem is that after the 
debtor emerges from bankruptcy, he will still be burdened by massive 
credit card debts and unsecured car loans--they can't be discharged any 
more under the bill. And who do you think the debtor will pay--his 
credit card company, with high paid lawyers filing all sorts of motions 
or threats, or his ex-spouse?
  Mr. Speaker, I yield to the gentlewoman from New York (Ms. Slaughter) 
who has historical knowledge about the devastation of leaving language 
out of the legislation that is in the motion to recommit.
  Ms. SLAUGHTER. Mr. Speaker, I would like to give a little history, if 
I may. I have worked through three legislatures trying to do something 
about children under the poverty line, the vast majority of them there 
because alimony was not paid. Indeed, we had a whole phraseology, the 
deadbeat dad, concerning ourselves with children who had no recourse. 
We tried a lot of remedies on the county and State levels, and some 
worked pretty well. But the best thing we did was 9 years ago, we went 
to the Committee on the Judiciary under Jack Brooks and asked him to 
make certain that child support took precedence over other debts, 
including credit cards.
  Mr. Speaker, it has made a massive difference in the economic status 
of children who are the sorrowful price of divorce. For 9 years it has 
worked well, and I want to say that 9 years ago it was bipartisan, and 
I think there was not a voice spoken against this raised in the House 
of Representatives. But suddenly now 9 years later, we decide that 
credit card companies are more important than our children and where 
they are going to be able to eat and wear clothes and have a roof over 
their head.
  Mr. Speaker, this matters to a lot of us. Children are going to 
suffer if credit cards takes precedence over all other debts. I doubt 
there was a deadbeat dad. I used to think there was someone struggling 
out there who had to pay his credit card first before he could help out 
his children. For heaven's sake, let us not go back to that. It has 
worked for 9 years. It will not hurt the bill. Do not give credit cards 
the last word in the United States as to who gets to eat. It is 
outrageous when it comes to children and people who are totally 
dependent that may have to be sitting about waiting until after the 
credit card companies, which make enormous amounts of money with their 
large interest, get taken care of.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, do not leave women and 
children out in the cold. That is why many women's groups oppose this 
legislation, such as the National Women's Law Center and the Family Law 
Section of the American Bar Association. We can reform the bankruptcy 
laws without leaving spouses and children out in the cold. That is what 
my amendment does. I ask my colleagues to vote ``yes'' on the motion to 
recommit, joined by the gentleman from Michigan (Mr. Conyers), the 
gentlewoman from New York (Ms. Slaughter), and the gentlewoman from 
California (Ms. Lofgren).
  Mr. SENSENBRENNER. Mr. Speaker, I rise in opposition to the motion to 
recommit.
  The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. 
Sensenbrenner) is recognized for 5 minutes.
  Mr. SENSENBRENNER. Mr. Speaker, this motion is offered by people who 
have historically been in opposition to bankruptcy reform. What this 
bill does is it increases the priority for unpaid child support from 
seventh priority to first priority, and if the other side of the aisle 
gets their way and this bill goes down, unpaid child support stays at 
seventh priority, and that ought to be one reason and one reason alone 
to vote down this motion to recommit.
  The National Child Support Enforcement Association says that these 
reforms are crucial to the collection of child support during 
bankruptcy. The motion to recommit creates a major loophole with 
respect to antifraud provisions. Section 310, which this motion 
modifies, deals with debtors who are on the eve of filing for 
bankruptcy who acquire luxury goods and cash advances.
  Under this proposal, a debtor could avoid section 310 by asserting 
that it would impair the debtor's ability to pay a domestic support 
obligation. The President of the National Child Support Enforcement 
Association, in dealing with an identical provision in last year's 
bankruptcy bill, said, ``H.R. 333 would provide these children with 
first priority in the collection of support debt, allow the enforcement 
of medical support obligations, prevent any interruption in the 
otherwise efficient process of withholding earnings in the payment of 
child support, and ensure that during the course of a consumer 
bankruptcy, all support owed to the family would be paid and would be 
paid timely, and would allow State court actions involving custody and 
visitation, dissolution of marriage and domestic violence to proceed 
without interference from bankruptcy court litigation.''
  Vote ``no'' on this motion to recommit. A ``no'' vote is for the 
protection of children. A ``no'' vote is for better enforcement of 
support obligations, and vote ``yes'' on the bill which increases the 
priority for unpaid support in bankruptcy to go from seventh priority 
to first priority.
  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.

[[Page 6677]]




                             Recorded Vote

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum period of time within which a vote 
by electronic device will be taken on the question of passage of the 
bill.
  The vote was taken by electronic device, and there were--ayes 150, 
noes 276, answered ``present'' 1, not voting 7, as follows:

                             [Roll No. 73]

                               AYES--150

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Ballance
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Brady (PA)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Clay
     Clyburn
     Conyers
     Cooper
     Costello
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Frank (MA)
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Rangel
     Rodriguez
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Thompson (MS)
     Tierney
     Towns
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu

                               NOES--276

     Aderholt
     Akin
     Alexander
     Bachus
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bell
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Combest
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (FL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dooley (CA)
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Isakson
     Israel
     Issa
     Istook
     Janklow
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Manzullo
     Matheson
     McCarthy (NY)
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Menendez
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ross
     Rothman
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wynn
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Ruppersberger
       

                             NOT VOTING--7

     Buyer
     Carson (IN)
     Hyde
     Kaptur
     Ros-Lehtinen
     Royce
     Udall (CO)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. LaTourette) (during the vote). The Chair 
would advise all Members that there are 2 minutes remaining in this 
vote.

                              {time}  1657

  Mr. FORD changed his vote from ``aye'' to ``no.''
  Mr. MORAN of Virginia and Mr. COSTELLO changed their vote from ``no'' 
to ``aye.''
  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.
  Mr. SENSENBRENNER. 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 113, answered ``present'' 1, not voting 5, as follows:

                             [Roll No. 74]

                               YEAS--315

     Aderholt
     Akin
     Alexander
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bell
     Bereuter
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chocola
     Clyburn
     Coble
     Cole
     Collins
     Combest
     Cooper
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (FL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dooley (CA)
     Doolittle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emerson
     English
     Etheridge
     Everett
     Feeney
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hinojosa
     Hobson
     Hoekstra
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Janklow
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Manzullo
     Matheson
     McCarthy (NY)
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud

[[Page 6678]]


     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ross
     Rothman
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sandlin
     Saxton
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                               NAYS--113

     Abercrombie
     Ackerman
     Allen
     Baldwin
     Ballance
     Becerra
     Berman
     Brady (PA)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Clay
     Conyers
     Costello
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dingell
     Doggett
     Doyle
     Emanuel
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Frank (MA)
     Gephardt
     Grijalva
     Gutierrez
     Hastings (FL)
     Hinchey
     Hoeffel
     Holden
     Holt
     Honda
     Jackson (IL)
     Jackson-Lee (TX)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kleczka
     Kucinich
     Langevin
     Lantos
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Miller (NC)
     Miller, George
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Payne
     Pelosi
     Rangel
     Rodriguez
     Roybal-Allard
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Solis
     Stark
     Stupak
     Tierney
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey

                        ANSWERED ``PRESENT''--1

       
     Ruppersberger
       

                             NOT VOTING--5

     Buyer
     Carson (IN)
     Hyde
     Ros-Lehtinen
     Udall (CO)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. LaTourette) (during the vote). The Chair 
reminds Members that there are less than 2 minutes remaining in this 
vote.

                              {time}  1705

  Mrs. JONES of Ohio changed her vote from ``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________