[Congressional Record (Bound Edition), Volume 151 (2005), Part 5]
[House]
[Pages 6395-6399]
[From the U.S. Government Publishing Office, www.gpo.gov]




PROVIDING FOR CONSIDERATION OF S. 256, BANKRUPTCY ABUSE PREVENTION AND 
                    CONSUMER PROTECTION ACT OF 2005

  The SPEAKER pro tempore. Members are advised that the gentleman from 
Georgia (Mr. Gingrey) has 2\1/2\ minutes remaining; and the gentleman 
from Florida (Mr. Hastings) has 4\1/2\ minutes remaining.
  Mr. HASTINGS of Florida. Mr. Speaker, I am pleased to yield to the 
gentlewoman from California (Ms. Woolsey) for a unanimous consent 
request.
  Ms. WOOLSEY. Mr. Speaker, I rise in opposition to S. 256 because this 
bill does not protect disabled veterans from creditors.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield for a unanimous consent 
request to my friend, the gentlewoman from Indiana (Ms. Carson).
  Ms. CARSON. Mr. Speaker, I rise in opposition to S. 256.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. The Chair would advise Members that, as 
indicated most recently by the Chair on March 24, 2004, although a 
unanimous consent to insert remarks in debate may embody a simple, 
declarative statement of the Member's attitude toward the pending 
measure, it is improper for a Member to embellish such a request with 
other oratory, and it can become an imposition on the time of the 
Member who has yielded for that purpose.
  The Chair will entertain as many requests to insert as may be 
necessary to accommodate Members, but the Chair also must ask Members 
to cooperate by confining such remarks to the proper form.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to the gentleman from 
New Mexico (Mr. Udall) for a unanimous consent request.
  Mr. UDALL of New Mexico. Mr. Speaker, I rise in opposition to S. 256, 
because this bill severely hurts a middle-class citizen's ability to 
get a second chance.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to my good friend, the 
gentleman from New Jersey (Mr. Payne), for a unanimous consent request.
  Mr. PAYNE. Mr. Speaker, I rise in opposition to S. 256 because the 
bill does not protect disabled veterans from creditors.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to my good friend, the 
gentlewoman from Texas (Ms. Eddie Bernice Johnson), for a unanimous 
consent request.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise in opposition 
to S. 256 because the bill does nothing to address the epidemic of 
identity theft or protect its victims.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to the ranking member 
of the Committee on Rules, the gentlewoman from New York (Ms. 
Slaughter), for a unanimous consent request.
  Ms. SLAUGHTER. Mr. Speaker, I rise in opposition to S. 256 because 
the bill does nothing to address the problem of identity theft or 
protect its victims.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to my friend, the 
gentlewoman from California (Ms. Lee), for a unanimous consent request.
  Ms. LEE. Mr. Speaker, I rise in opposition to S. 256 because it is 
morally bankrupt and puts credit card companies ahead of children.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to the gentleman from 
California (Mr. Stark) for a unanimous consent request.
  Mr. STARK. Mr. Speaker, I rise in opposition to S. 256 because the 
bill does not accommodate the 50 million uninsured Americans forced 
into bankruptcy by health care costs.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to the ranking member 
of the Committee on Transportation and Infrastructure, my good friend, 
the gentleman from Minnesota (Mr. Oberstar), for a unanimous consent 
request.
  Mr. OBERSTAR. Mr. Speaker, I rise in opposition to S. 256.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield for a unanimous consent 
request to my good friend, the gentlewoman from Michigan (Ms. 
Kilpatrick).
  Ms. KILPATRICK of Michigan. Mr. Speaker, I rise in opposition to S. 
256,

[[Page 6396]]

this bankruptcy bill, because it does nothing to protect the victims of 
identity theft.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to the gentleman from 
New York (Mr. Owens), my good friend, for a unanimous consent request.
  Mr. OWENS. Mr. Speaker, I rise in opposition to S. 256 because it 
protects the risks that credit card companies take, while allowing them 
to swindle citizens.
  Mr. Speaker, as a result of the actions of the Republican led 
Congress, unscrupulous credit card companies will increase their 
strong, hard sell tactics pressuring more and more individuals and 
families to purchase more credit. Credit card hucksters can take more 
risks because they will now enjoy greater protection from the courts. 
The taxpayer financed courts will become the debt collectors for the 
credit card swindlers. A federalized system will now protect the 
predators. Once again the doctrine of laissez-faire has been turned 
upside down. The marketplace has chosen to cling to the aprons of 
government. The banking private sector is demanding governmental 
interference in a situation where the taxpayers prefer not to pay 
agents for the work of strong enforcers. To serve the interest of 
consumer justice I urge a ``no'' vote on S. 256, the Bankruptcy Reform 
Bill.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to the gentlewoman from 
San Diego, California (Mrs. Davis) for a unanimous consent request.
  Mrs. DAVIS of California. Mr. Speaker, I rise in opposition to S. 256 
because this bill adds to the burden of military families finding basic 
financial strength.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to my good friend, the 
gentlewoman from Ohio (Mrs. Jones), for a unanimous consent request.
  Mrs. JONES of Ohio. Mr. Speaker, I rise in opposition to Senate bill 
256 because the bill punishes working families and lets large 
corporations off the hook.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to the gentleman from 
Washington (Mr. McDermott) for a unanimous consent request.
  Mr. McDERMOTT. Mr. Speaker, I rise in opposition to S. 256 because 
this bill puts credit card companies ahead of children in the 
priorities.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to my good friend, the 
gentleman from Massachusetts (Mr. Olver) for a unanimous consent 
request.
  Mr. OLVER. Mr. Speaker, I rise in opposition to S. 256.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to the gentleman from 
Vermont (Mr. Sanders) for a unanimous consent request.
  Mr. SANDERS. Mr. Speaker, I rise in opposition to S. 256 because, on 
a bill of this magnitude, it is undemocratic and an outrage that 
amendments are not being allowed.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to my good friend, the 
gentlewoman from Illinois (Ms. Schakowsky), for a unanimous consent 
request.
  Ms. SCHAKOWSKY. Mr. Speaker, I rise in opposition to S. 256 because 
this bill puts credit card companies ahead of children.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield for a unanimous consent 
request to my good friend, the gentlewoman from Texas (Ms. Jackson-
Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in opposition to S. 256 
because this bill puts credit card companies ahead of children and does 
not protect disabled veterans from creditors.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield to my good friend, the 
gentlewoman from California (Ms. Watson), for a unanimous consent 
request.
  Ms. WATSON. Mr. Speaker, I rise in opposition to S. 256 because this 
bill does nothing to address the epidemic of identity theft or protect 
its victims.

                              {time}  1215

  Mr. HASTINGS of Florida. Mr. Speaker, I am pleased to yield for a 
unanimous consent request to my good friend, the gentlewoman from 
California (Ms. Roybal-Allard).
  Ms. ROYBAL-ALLARD. Mr. Speaker, I rise in opposition to S. 256 
because this bill does nothing to protect disabled veterans or to 
address the epidemic of identity theft.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield for a unanimous consent 
request to my good friend, the gentlewoman from Connecticut (Ms. 
DeLauro).
  Ms. DeLAURO. Mr. Speaker, I rise in opposition to S. 256 because this 
bill turns its back on middle-class America, continuing an 
administration that proceeds to reward the wealthy and tax wages.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield for a unanimous consent 
request to my good friend, the gentlewoman from Florida (Ms. Corrine 
Brown).
  Ms. CORRINE BROWN of Florida. Mr. Speaker, I rise in opposition to S. 
256 because this bill does nothing to protect our heroic Reservists and 
Guard who are fighting for us every day in war.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield for a unanimous consent 
request to my good friend, the gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Speaker, I rise in opposition to S. 256. 
It abuses the people.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield for a unanimous consent 
request to my good friend, the gentlewoman from California (Ms. 
Waters).
  Ms. WATERS. Mr. Speaker, I rise in opposition to S. 256 because the 
Republicans have sold out to the credit card companies and they are 
hurting American families.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Sweeney). The Chair would remind Members 
that their statements should be confined to their unanimous consent 
requests.
  Mr. HASTINGS of Florida. Mr. Speaker, I am privileged to yield for a 
unanimous consent request to my good friend, the gentleman from 
Massachusetts (Mr. Meehan).
  Mr. MEEHAN. Mr. Speaker, I rise in opposition to S. 256, which 
clearly is a payback and payout to the credit card companies.
  Mr. HASTINGS of Florida. Mr. Speaker I am pleased to yield for a 
unanimous consent request to my good friend, the gentleman from North 
Carolina (Mr. Watt) from the Judiciary Committee, who had the 
opportunity to participate in some of those hearings, and is the 
chairman of the Congressional Black Caucus.
  Mr. WATT. Mr. Speaker, I rise in opposition to the rule and in 
opposition to the bill; the rule because the rule shuts out all 
amendments to this bill.
  The SPEAKER pro tempore. The gentleman from Florida has 3\1/2\ 
minutes remaining. The gentleman from Georgia has 2\1/2\ minutes 
remaining.
  Mr. HASTINGS of Florida. Mr. Speaker, just previous to the unanimous 
consent request, I was told by way of the gentleman from Georgia (Mr. 
Gingrey) that we had 4\1/2\ minutes.
  The SPEAKER pro tempore. The Chair advises the gentleman from Florida 
that, during the series of unanimous consent requests, some Members 
embellished with oratory beyond the proper form. One minute was taken 
from the time for that.


                        Parliamentary Inquiries

  Mr. CONYERS. Mr. Speaker, parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman may inquire.
  Mr. CONYERS. Mr. Speaker, did I understand you to tell the leader of 
the Rules Committee managing the bill today that time would be taken 
from him because of the unanimous consent request?
  The SPEAKER pro tempore. The Chair advised on that earlier, and will 
amplify the earlier statement. As indicated by previous occupants of 
the Chair on March 24, 2004; November 21, 2003; July 24, 2003; June 26, 
2003; June 22, 2002; and March 24, 1995, although a unanimous consent 
request to insert remarks in debate may embody a simple declarative 
statement of the Member's attitude toward the pending measure, it is 
improper for a Member to embellish such a request with other oratory, 
and it can become an imposition on the time of the Member who has 
yielded for that purpose.

[[Page 6397]]


  Mr. CONYERS. Mr. Speaker, may I point out that the floor manager in 
no way encouraged anyone to speak contrary to the rule that you have 
just enunciated.
  The SPEAKER pro tempore. Members are yielded to for that purpose. 
They must confine their remarks to the proper form, or time can be 
subtracted from the individual yielding.
  Mr. CONYERS. And in the judgment of the distinguished Speaker, how 
much time are you proposing to take from the floor manager?
  The SPEAKER pro tempore. One minute was charged.
  Mr. CONYERS. Is there some precedent for that, sir?
  The SPEAKER pro tempore. Yes, as just cited.
  Mr. CONYERS. There is?
  Mr. GINGREY. Mr. Speaker, in the interest of comity, I ask unanimous 
consent that the gentleman from Florida be yielded an additional 1 
minute.
  The SPEAKER pro tempore. From the gentleman from Georgia's time?
  Mr. GINGREY. Not from my time, no, Mr. Speaker. That he be allowed an 
additional 1 minute.
  The SPEAKER pro tempore. Beyond the hour available for debate on the 
rule?
  Mr. HASTINGS of Florida. Parliamentary inquiry, Mr. Speaker.
  Mr. GINGREY. Mr. Speaker, I request that we grant by unanimous 
consent 30 seconds of my time to the gentleman from Florida.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. HASTINGS of Florida. Mr. Speaker, I thank my colleague, but I am 
confused by the Chair's ruling. Parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman may inquire.
  Mr. HASTINGS of Florida. Mr. Speaker, even though there is only 1 
hour debate, a unanimous consent request by a Member that is not 
objected to is not permitted for extension of time?
  The SPEAKER pro tempore. Would the gentleman from Georgia like to 
modify his request?
  Mr. GINGREY. Mr. Speaker, I would like to modify that request to 
extend time by one minute on both sides.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  Mr. MURTHA. Objection, Mr. Speaker.
  The SPEAKER pro tempore. Objection is heard.
  Mr. HASTINGS of Florida. Mr. Speaker, moving right along, I am 
pleased at this time to yield 3 minutes to the gentleman from 
California (Mr. Schiff), my good friend.
  Mr. SCHIFF. Mr. Speaker, on Tuesday night I took an amendment to the 
Rules Committee asking the committee to permit this body to consider 
allowing each Member the opportunity to approve that amendment or 
reject it. The Republican majority on the Rules Committee, however, 
rejected giving Members that opportunity.
  My amendment would have simply provided that if more than one-half of 
the creditor claims against you in bankruptcy are the result of 
identity theft, you should not be forced out of the protections of 
chapter 7. It was similar to an amendment offered by Senator Nelson of 
Florida, but was even narrower than that amendment.
  Mr. Speaker, a few years ago, the manager of the identity theft at 
the FTC commented on how identity theft was becoming rampant in this 
country, that it wreaks havoc on the credit of the victim and can even 
force them into bankruptcy. Since then, the problem has grown even 
worse, and an estimated 27.3 million Americans have fallen victim to 
identity theft in the last 5 years.
  We have all heard of recent breaches of massive databases holding 
personal information. On Monday, the parent company of the Lexis-Nexis 
reported that 310,000 people, nearly 10 times more than the original 
estimate reported last month, may have had their personal information 
stolen, including names, addresses, Social Security numbers, and 
driver's license numbers.
  And this is not an isolated incident. Identity thieves have gained 
access to Choicepoint's database and personal information has been 
stolen and compromised from a major bank, department of motor vehicles, 
and a number of universities. Added together, these recent incidents in 
the last several weeks alone have exposed more than 2 million people to 
possible ID theft.
  During the Judiciary Committee consideration of my amendment, I cited 
two recent examples of identity theft victims who were forced to 
declare bankruptcy, one young woman defrauded out of $300,000 and 
another woman who was wiped out financially when her identity was 
stolen, forcing her to file for bankruptcy right before Christmas.
  When I offered the amendment in the Judiciary Committee it provoked 
quite a debate as well as a disagreement between the Chair of the full 
committee and the Chair of the subcommittee. The Chair of the 
subcommittee argued that my amendment would somehow do harm, while the 
Chair of the full committee argued that the problem with my amendment 
was that it did nothing at all. The chairman of the subcommittee then 
argued that the problem was that this issue had never been explored. 
However, the chairman of the full committee argued that this issue, and 
every other, had already been explored.
  Well, Mr. Speaker and Members, it cannot be both. The chairman of the 
subcommittee even pondered what would happen if a person had their 
identity stolen, but then later became wealthy and had the ability to 
pay off their debt. While admitting that he was stretching, he still 
urged his colleagues to reject the amendment because it would ``clearly 
disrupt the whole process of moving forward the bill.'' Thus prompting 
a question: When is a markup not really a markup? And the answer is, 
whenever the bankruptcy bill is in committee.
  This is now the third session in a row where essentially no 
amendments have been entertained in committee and no amendments have 
been allowed here on the floor.
  Mr. Speaker, just to conclude, last year the House supported identity 
theft legislation cracking down on identity thieves. This amendment 
gives us the chance to protect some of those who have been victimized 
by identity theft, and I urge an ``aye'' vote.
  The SPEAKER pro tempore. The gentleman from Florida (Mr. Hastings) 
has 1 minute remaining. The gentleman from Georgia (Mr. Gingrey) has 2 
minutes remaining.
  Mr. GINGREY. Mr. Speaker, I have the right to close, and I wanted to 
reserve the balance of my time for that purpose.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield myself the remainder of 
my time. Mr. Speaker, I will be asking Members to vote ``no'' on the 
previous question. If the previous question is defeated, I will amend 
this rule so we can vote on the Schiff amendment to help victims of 
identity theft. It will exempt from the bill's means test those 
consumers who are victimized by identity theft if it means 51 percent 
of the creditor claims against them are due to identity theft. This is 
a very reasonable and much-needed amendment, being debated in the 
Senate I might add, not on the bankruptcy measure, was offered in the 
Rules Committee last night, but unfortunately was blocked by the 
Republican majority by a straight party line vote.
  Voting ``no'' on the previous question will not stop the bankruptcy 
bill from coming to the floor today. S. 256 will still be considered in 
this House before we leave for the weekend. However, a ``yes'' vote 
will preclude the House from addressing one of the most serious 
consumer issues in this country, identity theft. And I ask for a ``no'' 
on the previous question.
  We owe it to our constituents to take action on this serious and 
escalating problem.
  Mr. Speaker, I ask unanimous consent to insert the text of the 
amendment immediately prior to the vote on the previous question.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.

[[Page 6398]]


  Mr. GINGREY. Mr. Speaker, I yield myself the remainder of my time. As 
we come to the end of the debate on the rule for S. 256, I urge my 
colleagues to support its passage and the underlying bill.
  Mr. Speaker, it is time to pass bankruptcy reform. Today we must fix 
our bankruptcy laws to prevent irresponsible and unnecessary 
bankruptcies. Bankruptcy affects all American families. It is estimated 
that the annual cost is $400 to every family in America, and it is time 
to reform an outdated and broken system.
  Despite the objections of a few Members, I know we have followed a 
fair process to get to this point. The Rules Committee offered to 
provide the minority with the ability to submit a substitute amendment. 
Their substitute amendment could have included any provisions they felt 
necessary. The Democrats rejected this offer, and they have failed to 
provide any alternative plan.
  It is important to note many of the individual amendments they have 
discussed here today were considered over the past few years. 
Regardless of the rhetoric, this legislation has been under 
consideration and amended a number of times. We are now on the final 
product.
  This year alone, S. 256 passed the House Judiciary Committee where 18 
amendments were considered. To the substance of the bill, contrary to 
the claims of some, this legislation is not lining the pockets of 
wealthy creditors with the savings of the financially challenged.
  Mr. Speaker, when casting their vote, I ask my colleagues to consider 
those constituents the current law harms. This bill gives support to 
small businesses and financially responsible families. I ask my 
colleagues to pass this rule and finally end the 8-year debate on 
bankruptcy reform.
  The material previously referred to by Mr. Hastings of Florida is as 
follows:

Previous Question for H. Res. 211, the Bankruptcy Abuse Prevention and 
                    Consumer Protection Act of 2005

       In the resolution strike ``and (2)'' and insert the 
     following:
       ``(2) the amendment printed in Sec. 2 of this resolution if 
     offered by Representative Schiff of California or a designee, 
     which shall be in order without intervention of any point of 
     order, shall be considered as read, and shall be separately 
     debatable for 60 minutes equally divided and controlled by 
     the proponent and an opponent; and (3)''
       Sec. 2.

                    Amendment to S. 256, as Reported

                  Offered by Mr. Schiff of California

       Page 19, after line 21, insert the following (and make such 
     technical and conforming changes as may be appropriate):
       ``(8)(A) No judge, United States trustee (or bankruptcy 
     administrator, if any), trustee, or other party in interest 
     may file a motion under paragraph (2) if the debtor is an 
     identity theft victim.
       ``(B) For purposes of this paragraph--
       ``(i) the term `identity theft' means a fraud committed or 
     attempted using the personally identifiable information of 
     another individual; and
       ``(ii) the term `identity theft victim' means a debtor with 
     respect to whom not less than 51 percent of the aggregate 
     value of allowed claims is a result of identity theft using 
     the personally identifiable information of the debtor.''.

  Mr. GINGREY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered.
  There was no objection.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HASTINGS of Florida. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes 
the minimum time for electronic voting, if ordered, on the question of 
adoption of the resolution.
  The vote was taken by electronic device, and there were--yeas 227, 
nays 199, not voting 8, as follows:

                             [Roll No. 104]

                               YEAS--227

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cox
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (KY)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--199

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter

[[Page 6399]]


     Smith (WA)
     Snyder
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--8

     Berkley
     Cooper
     Davis, Tom
     Gillmor
     LaHood
     Payne
     Solis
     Wamp

                              {time}  1253

  Mrs. TAUSCHER, Mr. DAVIS of Florida and Mr. PASTOR changed their vote 
from ``yea'' to ``nay.''
  Mr. BASS and Mr. HOEKSTRA changed their vote from ``nay'' to ``yea.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  Stated against:
  Ms. SOLIS. Mr. Speaker, during rollcall vote No. 104 on H. Res. 211, 
ordering the previous question, I was unavoidably detained. Had I been 
present, I would have voted, ``nay.''
  The SPEAKER pro tempore (Mr. Simpson). The question is on the 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. HASTINGS of Florida. 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 227, 
noes 196, not voting 11, as follows:

                             [Roll No. 105]

                               AYES--227

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cox
     Cramer
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (KY)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--196

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Rahall
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--11

     Berkley
     Cooper
     Davis, Tom
     Feeney
     Gillmor
     Gordon
     Gutknecht
     Jenkins
     LaHood
     Rangel
     Solis

                              {time}  1302

  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Ms. SOLIS. Mr. Speaker, during rollcall vote No. 105, on agreeing to 
the resolution H. Res. 211, I was unavoidably detained. Had I been 
present, I would have voted, ``no.''

                          ____________________