[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[House]
[Pages 11000-11005]
[From the U.S. Government Publishing Office, www.gpo.gov]




               SMALL BUSINESS JOBS AND CREDIT ACT OF 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 1436 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 5297.

                              {time}  1218


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 5297) to create the Small Business Lending Fund Program 
to direct the Secretary of the Treasury to make capital investments in 
eligible institutions in order to increase the availability of credit 
for small businesses, and for other purposes, with Mr. Cuellar (Acting 
Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Wednesday, 
June 16, 2010, amendment No. 17 printed in part C of House Report 111-
506 offered by the gentleman from Texas (Mr. Al Green) had been 
disposed of.
  Pursuant to House Resolution 1448, it shall be in order to consider 
the amendments printed in House Report 111-508 as if such amendments 
had been printed in part C of House Report 111-506. Each amendment may 
be offered only in the order printed in the report, by a Member 
designated in the report, shall be considered read, shall be debatable 
for the time specified in the report, equally divided and controlled by 
the proponent and an opponent, shall not be subject to amendment, and 
shall not be subject to a demand for division of the question.


                Amendment No. 1 Offered by Mr. Schrader

  The Acting CHAIR. It is now in order to consider amendment No. 1 
printed in House Report 111-508.
  Mr. SCHRADER. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Add at the end the following new title:

          TITLE __--SMALL BUSINESS BORROWER ASSISTANCE PROGRAM

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Small Business Assistance 
     Fund Act of 2010''.

     SEC. __2. SMALL BUSINESS BORROWER ASSISTANCE PROGRAM.

       (a) In General.--The Administrator shall carry out a 
     program to be called the ``Small Business Borrower Assistance 
     Program'' to provide payments of principal and interest on 
     qualifying small business loans.
       (b) Automatic Enrollment; Commitment of Funds.--
       (1) In general.--To the extent funds are available under 
     the Program, each borrower that receives a qualifying small 
     business loan after the date on which the Administrator 
     issues regulations pursuant to subsection (e) shall be 
     automatically enrolled in the Program, unless the borrower 
     requests otherwise, and the Administrator shall commit an 
     amount to each borrower equal to 6 percent of the principal 
     disbursed amount of such borrower's qualifying small business 
     loan.
       (2) One year window for participating in program.--
     Notwithstanding paragraph (1), a borrower may only be 
     enrolled in the Program if the borrower is approved for a 
     qualifying small business loan before the end of the 1-year 
     period following the date on which the Administrator issues 
     final regulations pursuant to subsection (e).
       (3) Termination of participation in certain 
     circumstances.--In any instance in which the Administrator 
     determines that a borrower participating in the Program has 
     committed fraud or made a material misrepresentation related 
     to such participation, the Administrator may terminate such 
     borrower's participation in the Program and ban such borrower 
     from any future participation in the Program.
       (c) Disbursement of Funds.--
       (1) In general.--A borrower enrolled in the Program may 
     submit a request for the payment of committed funds by a 
     method to be developed by the Administrator.
       (2) Multiple disbursements permitted.--A borrower enrolled 
     in the Program may request multiple payments under paragraph 
     (1), as long as the aggregate amount of such payments does 
     not exceed the amount committed to such borrower under 
     subsection (b).
       (d) Terms.--
       (1) Payments only to lender or servicer.--Payments made by 
     the Administrator under the Program shall only be made to the 
     lender or servicer of a qualifying small business loan to be 
     applied against outstanding principal or interest, and may 
     not be made to the borrower.
       (2) Program participation only permitted during first 2 
     years.--
       (A) In general.--Payments made by the Administrator under 
     the Program may only be made with respect to a payment of 
     interest or principal due on a qualifying small business loan 
     within the 2-year period following the date on which such 
     loan is disbursed.
       (B) Unexpended committed funds.--
       (i) In general.--With respect to any funds committed to a 
     borrower enrolled in the Program that remain unexpended at 
     the end of the 2-year period described under subparagraph 
     (A), such funds shall be paid to the lender or servicer of 
     the borrower's loan and applied to the principal of such 
     loan.
       (ii) Exception.--In any case in which the amount of 
     committed funds that remain unexpended is greater than the 
     remaining principal of a borrower's loan, the amount of any 
     excess shall be returned to the Treasury.
       (e) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this section, the Administrator shall issue 
     regulations necessary to carry out this section.
       (f) Contracting With Agents.--The Administrator may 
     contract with one or more entities as necessary to carry out 
     the provisions of the Program. The Secretary of the Treasury 
     is authorized to designate financial institutions, including 
     any bank, savings association, or trust company, as financial 
     agents of the Federal government to carry out the authorities 
     of this section, and such institutions shall perform all such 
     reasonable duties related to the Program as financial agents 
     of the Federal government as the Secretary may require. In 
     engaging any such third parties to carry out the Program, the 
     Administrator or the Secretary shall seek to involve small 
     businesses in the provision of the core direct services 
     required under the engagement.
       (g) Definitions.--For purposes of this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Program.--The term ``Program'' means the Small Business 
     Borrower Assistance Program established under subsection (a).
       (3) Qualifying small business loan.--The term ``qualifying 
     small business loan'' means any loan, up to $300,000, made to 
     a small business concern and guaranteed under section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)), other than a loan 
     made pursuant to section 7(a)(31) of such Act, a revolving 
     credit line, or any other revolving loan.
       (4) Small business concern.--The term ``small business 
     concern'' has the meaning given such term under section 3 of 
     the Small Business Act (15 U.S.C. 632).
       (h) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to the Administrator 
     $300,000,000 to carry out this section.

  The Acting CHAIR. Pursuant to House Resolution 1448, the gentleman 
from Oregon (Mr. Schrader) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Oregon.

[[Page 11001]]


  Mr. SCHRADER. I yield myself 5 minutes.
  Mr. Chairman, this amendment basically authorizes funding in the 
establishment of the Small Business Borrower Assistance Program to 
provide temporary assistance for a lot of the struggling small 
businesses out in America.
  The Small Business Borrower Assistance Program will provide these 
small businesses which take out 7(a) loans under $300,000 with a 
reserve fund they can use at their discretion to help pay principal and 
interest payments if they should hit rough spots in their business 
cycles. Eligible small business borrowers will automatically be 
enrolled in the program unless they request otherwise, so it is very 
easy and unbureaucratic.
  Once a borrower has been enrolled, the Small Business Administration 
will place an amount equal to 6 percent of the loan principal in 
reserve for the borrower. This means that a borrower who obtains a 
$300,000 loan will have $18,000 placed in reserve to help the borrower 
pay principal or interest payments. These funds can be applied to both 
of those at the borrower's discretion.
  To be eligible for the program, a borrower must obtain the qualifying 
loan within 1 year after the SBA issues final regulations. This is a 
temporary bill to help us through the recession. The SBA must issue 
those final regulations within 180 days after the enactment of the 
program. That is to make sure that the program itself is available in 
the crunch times.
  To prevent funds from being used for purposes other than for paying 
down the balances of small business loans, disbursements will be made 
directly to the lenders or to the loan servicers. Additionally, the 
Small Business Administration will have the authority to remove 
borrowers from the program who commit fraud or material 
misrepresentation.
  Mr. Chairman, this is just another great tool in the toolbox for our 
small businesses in order to help them get back on their feet and to be 
the engines of economic growth.
  I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GRAVES of Missouri. Mr. Chairman, I rise in opposition to the 
amendment offered by the gentleman from Oregon.
  Small business owners are going to be enrolled automatically in a 
program that sets aside 6 percent of the value of an SBA guaranteed 
loan to pay off that loan, as it was previously described. While I 
appreciate very much the gentleman's effort to reduce the financial 
burden on small business owners, there are a number of problems with 
this program.
  First, it forces business owners to opt out of a federally mandatory 
set-aside of funds. This is going to reduce the amount of capital 
available because disbursements of those set-aside funds will be made 
to a bank or to a loan servicer instead of to small businesses.
  Second, by requiring an opt-out, it suggests that a Federal agency, 
the SBA, is better at managing the small business rather than its 
owner--a conclusion that I, obviously, strongly dispute.
  Third, loans under the 7(a) loan program are just that. Mr. Chairman, 
they are loans. It seems rather absurd to have the SBA automatically 
set aside funds in order to pay off loans it has just approved.
  Fourth, the size of loans in the program are limited to those 
businesses with loans of less than $300,000.
  I wonder: Why are these businesses favored over small business owners 
who may need slightly larger amounts of capital? By making the program 
available for loans of less than $300,000, I guess it suggests that 
small business owners at that level are less credit worthy and are 
incapable of managing their finances as opposed to businesses requiring 
a little bit larger loans.
  All of these points, Mr. Chairman, are points that I am making. I 
strongly dispute the reason for this program. For that reason, I oppose 
the gentleman's amendment. Again, I appreciate very much his efforts 
and what he is trying to do, but I can't agree with this at all.
  I reserve the balance of my time.
  Mr. SCHRADER. I yield 2 minutes to the chairwoman of the Small 
Business Committee, the gentlewoman from New York (Ms. Velazquez).
  Ms. VELAZQUEZ. I thank the gentleman for yielding.
  Mr. Chairman, my colleagues, we have spent much of this debate 
discussing ways to help the banks, but now it is time that we talk 
about helping small businesses directly.
  The Schrader amendment does this by providing entrepreneurs with 
incentives to expand their businesses. It does so by giving business 
owners maximum flexibility because they know best how to purchase 
equipment or to hire workers when they need to do so. If we have this 
tool now, during the early stages of the recovery, it will allow 
manufacturers to purchase the new machine tools they need, and it will 
allow retailers to hire a few more salesmen.
  As they have created two-thirds of the net new jobs over the past 10 
years, it is absolutely critical to get small businesses off the 
sidelines. Unfortunately, the Federal Reserve Senior Loan Officer 
survey continues to report that loan demand among small firms has 
decreased. The most recent NFIB report also confirms this. Only 32 
percent of small businesses borrowed last quarter, which is near the 
record low. When fewer small businesses take out loans, there is less 
employment and more abandoned storefronts. By giving firms access to a 
financial backstop, the Schrader amendment will give them the 
confidence to turn this around.
  With this in mind, it is no surprise that, when small firms are not 
active in the capital markets, we lose jobs. This is exactly what 
happened between 2007 and 2009 when self-employment declined by 7.5 
percent. If we do not want to repeat this, we must embrace the small 
business-focused policies contained in the Schrader amendment.
  I ask my colleagues to support Mr. Schrader's amendment.
  Mr. GRAVES of Missouri. I would like to reiterate that this is just a 
giveaway. That is all it is. If we want to help small businesses, then 
let's reinstate bonus depreciation. Let's shorten appreciation to buy 
new equipment and to add more jobs.
  The bottom line is let the government get out of the way. Increasing 
their taxes at a time when the deficit is running at a record high and 
when the administration continues to rack up more debt is not the way 
to help small businesses. Again, I oppose the amendment.
  Mr. Chairman, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. SCHRADER. I appreciate the concerns of the gentleman from 
Missouri. I do take issue with them, obviously.
  Mr. Chairman, to prevent fraud and abuse--and unfortunately, that 
does happen in tough economic times--these payments are made to the 
lenders to make sure they go back to where they are supposed to be, as 
the taxpayers have authorized under this amendment and this bill. The 
7(a) program is the most popular program out there. It is something 
banks are familiar with, and it is the small, struggling businesses 
that are likely to take loans out for under $300,000 that are most in 
need.
  So this program is targeted, temporary, and timely. Small business 
lending in my State is half of what it was 2 years ago. We need every 
tool in the toolbox to encourage the lenders who have shown extreme 
reticence to lend to small businesses that this country is willing to 
back them up and to help these small businesses pay their loans if they 
need to during tough stretches and tough times.
  I think if you're in favor of small business and of lending and if 
you want to make sure that they have access and that the program that 
we are establishing with $30 billion really goes to small business, you 
will want to vote ``yes,'' in favor of this amendment.
  I urge a ``yes'' vote, and I yield back the balance of my time.

[[Page 11002]]

  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Oregon (Mr. Schrader).
  The amendment was agreed to.

                              {time}  1230


        Amendment No. 2 Offered by Mr. Miller of North Carolina

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in House Report 111-508.
  Mr. MILLER of North Carolina. I have an amendment at the desk made in 
order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 6, after line 9, insert the following new clause:
       (v) Construction, land development, and other land loans.--

       (I) In general.--Loans secured by real estate--

       (aa) that are made to finance--
       (AA) land development that is preparatory to erecting new 
     structures, including improving land, laying sewers, and 
     laying water pipes; or
       (BB) the on-site construction of industrial, commercial, 
     residential, or farm buildings;
       (bb) that is vacant land, except land known to be used or 
     usable for agricultural purposes, such as crop and livestock 
     production;
       (cc) the proceeds of which are to be used to acquire and 
     improve developed or undeveloped property; or
       (dd) that are made under title I or title X of the National 
     Housing Act.

       (II) Construction industry requirement.--Subclause (I) 
     shall only apply to loans that are extended to small business 
     concerns in the construction industry, as such term is 
     defined by the Secretary in consultation with the 
     Administrator of the Small Business Administration.
       (III) Construction defined.--For purposes of this clause, 
     the term ``construction'' includes the construction of new 
     structures, additions or alterations to existing structures, 
     and the demolition of existing structures to make way for new 
     structures.

  The Acting CHAIR. Pursuant to House Resolution 1448, the gentleman 
from North Carolina (Mr. Miller) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from North Carolina.
  Mr. MILLER of North Carolina. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, this bill is the right idea. We will not have a strong 
recovery until small businesses can again get ordinary loans to expand 
and hire new workers. But this bill leaves out an important industry. 
In past recessions, the first industry to suffer from the recession and 
the first industry to come out of it was residential construction, home 
building. There's a reason that housing starts and building permits are 
leading economic indicators.
  Home building will not lead us out of this recession, no matter what 
we do. Too much of the foolishness that led to the financial crisis was 
connected to housing. There are some markets that are hopelessly 
overbuilt. The inventory of new housing is at a 42-year low, but in 
many markets there is a substantial overhang of existing houses and a 
shadow inventory of homes destined for foreclosure. But there are many 
markets where there is a real demand for new housing, and we won't have 
much of a recovery if we don't bring residential construction along.
  Home building has been 16 percent of our GDP. We can't tell 16 
percent of our GDP just to hang out until we get things figured out.
  Because of foolish real estate lending a few years ago, many 
community banks were under great pressure from banking regulators to 
scale back on all real estate lending, including sensible projects 
where there is a market for new housing. Community banks are even 
calling in performing acquisition development and construction loans. 
We've gone from indiscriminate lending to an indiscriminate refusal to 
lend that is killing jobs.
  We've lost 3 million jobs in home construction and related industries 
in the last 5 years. The jobs we lost are jobs for the working man--
carpenters, plumbers, electricians, masons, painters, landscapers, 
roofers, and on and on. We've got to put those Americans back to work. 
In the words of Alan Jackson, There's nothing wrong with a hard hat and 
a hammer, the kind of glue that sticks this world together.
  Our amendment adds construction and land development loans to the 
loans that qualify as small business lending under the SBLF program so 
we can put the working man back to work. God bless the working man and 
woman.
  I reserve the balance of my time.
  Mr. NEUGEBAUER. Mr. Chair, I claim time in opposition, although I'm 
not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from Texas is 
recognized for 5 minutes.
  There was no objection.
  Mr. NEUGEBAUER. Mr. Chairman, I appreciate what the gentleman's 
amendment is trying to do. I think the intent, if this bill goes 
forward, is that all small businesses would be eligible under this 
program. But I think the gentleman is trying to accentuate the fact 
that land developers and home builders in America are also small 
businesses and should be able to participate under this program.
  As a former developer and builder myself, I'm sympathetic to the 
difficulties many of these in the construction and housing business 
face. I think we have to be careful here not to send a signal that 
would encourage an oversupply in the marketplace and further hurt the 
industry and job creation.
  Also, I would have to remind my colleagues, though, something that we 
talked about yesterday, is that this is a $30 billion lending fund. The 
United States Treasury does not have $30 billion, and that's the reason 
they have these auctions every week. And we're going to have to go 
borrow another $30 billion, which is going to increase the national 
debt by another $30 billion.
  I have the same concerns about the bill that we had yesterday. We're 
not sure that this is the right prescription for small businesses. 
We've seen record liquidity in many of the financial institutions. And 
as I talk to many banker friends of mine and also the small businesses, 
basically what's really holding back the country is sales.
  The American people are cutting back; they're balancing their 
budgets, but, unfortunately, the Federal Government is not balancing 
its budget. In fact, we're going to have a $1.6 trillion deficit this 
year. We just went over $13 trillion in debt in this country. We're 
approaching a time in this country, and God forbid, where our GDP and 
our national debt will be the same number.
  So I appreciate what my colleagues are trying to do, but I believe if 
you really want to help small businesses, bring some certainty to the 
economy. Right now, many businesses are uncertain about what this body 
might do to them next. They've imposed massive increases in the cost 
through their health insurance, uncertainty about what the cost of 
utilities are going to be in the future with cap-and-trade.
  So this overall uncertainty is creating a lot of angst in the 
marketplace, and I think it's affecting the American consumers. 
Certainly, the people that affect American small businesses the most 
are the American consumers--the people that are going to buy houses, 
going to buy cars, going to buy televisions.
  And so while I understand where the gentleman is coming from and 
support his intent to make sure this program is all-inclusive, I do not 
support the underlying bill. Again, when we say that this is really not 
going to put the taxpayers at risk, I remind my colleagues that, in 
fact, 91 banks that received TARP money--and, by the way, this is 
another TARP program; this is TARP, Junior, TARP II--that another 91 
banks missed their dividend payment in May. And so what does that say? 
That the Treasury's ability to pay out this money to banks that are not 
in trouble is somewhat questioned because, in fact, when 91 banks miss 
their dividend payment, evidently there's not something going well in 
that bank.
  Many people voted against TARP I. I believe a number of people are 
going to vote against TARP II, because that's not the right 
prescription to get our country going again.
  With that, I reserve the balance of my time.
  Mr. MILLER of North Carolina. Mr. Chairman, I yield such time as he 
may consume to the gentleman from California (Mr. Baca).

[[Page 11003]]


  Mr. BACA. I rise in support of this amendment and thank Mr. Miller 
for this amendment, which will open the programs that include housing 
production loans to home builders, which are primarily small 
businesses.
  As we continue to see some positive signs in the economy, our housing 
market and construction industry show signs of distress. Moreover, the 
increase in foreclosures has created a perception of overstocked 
inventory in the housing market. However, this is not true everywhere. 
But the perception has forced the industry to shrink, cutting back on 
jobs and projects to save money. This downsizing has only made our 
economic troubles worse.
  We must create an opportunity for jobs. In order to have a complete 
recovery, every aspect of our housing market needs to be supported, and 
that includes construction.
  The construction industry has been a consistent source of jobs for 
the American people, and especially for the Latino community and many 
others. In 2006, employment in the construction sector was at 7.7 
million. In just 2 years, the number has dropped to 5.6 million. The 
drop has been felt hardest in States like Nevada, Florida, and my home 
State of California, where the housing crisis has forced the 
construction industry to come to a standstill. In fact, we are now 
seeing Latino unemployment over 30 percent in the State of California, 
and then in my district, 17 percent overall for everyone.
  In the committee's testimony, the National Association of Home 
Builders stated that the bill will do little to produce jobs and free 
up credit for builders. If our goal is to pass legislation that will 
work to create jobs, we must target our resources where they are most 
needed.
  This amendment will address these concerns that include housing 
production loans to our Nation's home builders, who are comprised 
primarily of small businesses. Our housing collapse led our country 
into this economic crisis, and creating incentives to allow the housing 
market to thrive will help bring us out of this recession.
  Again, I thank Mr. Miller for his hard work on this amendment. I urge 
my colleagues to support this amendment.
  Mr. NEUGEBAUER. Mr. Chair, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. MILLER of North Carolina. Mr. Chair, I yield back the balance of 
my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from North Carolina (Mr. Miller).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mr. MILLER of North Carolina. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from North 
Carolina will be postponed.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in part C of House Report 
111-506 and in House Report 111-508 on which further proceedings were 
postponed, in the following order:
  Amendment No. 1 in part C of House Report 111-506 by Mr. Israel of 
New York;
  Amendment No. 12 in part C of House Report 111-506 by Mr. Cao of 
Louisiana; and
  Amendment No. 2 in House Report 111-508 by Mr. Miller of North 
Carolina.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment No. 1 Offered by Mr. Israel

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment printed in part C of House Report 111-
506 offered by the gentleman from New York (Mr. Israel) on which 
further proceedings were postponed and on which the ayes prevailed by 
voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 420, 
noes 0, not voting 18, as follows:

                             [Roll No. 371]

                               AYES--420

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves (GA)
     Graves (MO)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)

[[Page 11004]]


     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--18

     Barrett (SC)
     Barton (TX)
     Boehner
     Brown (SC)
     Burgess
     Buyer
     Childers
     Griffith
     Hoekstra
     Inglis
     Meek (FL)
     Moore (WI)
     Obey
     Olson
     Payne
     Ros-Lehtinen
     Sullivan
     Wamp

                              {time}  1307

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                  Amendment No. 12 Offered by Mr. Cao

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment printed in part C of House Report 111-
506 offered by the gentleman from Louisiana (Mr. Cao) on which further 
proceedings were postponed and on which the ayes prevailed by voice 
vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 414, 
noes 0, answered ``present'' 1, not voting 23, as follows:

                             [Roll No. 372]

                               AYES--414

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves (GA)
     Graves (MO)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Yarmuth
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Miller, Gary
       

                             NOT VOTING--23

     Barrett (SC)
     Bishop (GA)
     Boccieri
     Boehner
     Brown (SC)
     Childers
     Cummings
     Fortenberry
     Gohmert
     Griffith
     Hoekstra
     Inglis
     Latham
     LaTourette
     Marshall
     Meek (FL)
     Moore (WI)
     Pascrell
     Ros-Lehtinen
     Stark
     Wamp
     Woolsey
     Wu


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). Members are advised there are 2 
minutes remaining in this vote.

                              {time}  1314

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. BOCCIERI. Mr. Chair, on rollcall No. 372, the Jackson Lee/Cao 
amendment, had I been present, I would have voted ``yes.''
  Ms. ROS-LEHTINEN. Mr. Chair, on rollcall No. 372, I was unavoidably 
detained. Had I been present, I would have voted ``yes.''


        Amendment No. 2 Offered by Mr. Miller of North Carolina

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment printed in House Report 111-508 offered 
by the gentleman from North Carolina (Mr. Miller) on which further 
proceedings were postponed and on which the ayes prevailed by voice 
vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 418, 
noes 3, not voting 17, as follows:

                             [Roll No. 373]

                               AYES--418

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown, Corrine
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito

[[Page 11005]]


     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Chaffetz
     Chandler
     Christensen
     Chu
     Clarke
     Clay
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Djou
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves (GA)
     Graves (MO)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Guthrie
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--3

     Campbell
     Flake
     McClintock

                             NOT VOTING--17

     Barrett (SC)
     Boehner
     Brown (SC)
     Brown-Waite, Ginny
     Castor (FL)
     Childers
     Cleaver
     Griffith
     Gutierrez
     Hoekstra
     Inglis
     Linder
     Meek (FL)
     Moore (WI)
     Sablan
     Wamp
     Waters

                              {time}  1323

  Mr. BACHUS changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.

                          ____________________