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After debate,
The question being put, viva voce,

Will the House suspend the rules and pass said bill, as amended?

The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the Members present had voted in the affirmative.

So, two-thirds of the Members present having voted in favor thereof, the rules were suspended and said bill, as amended, was passed. A motion to reconsider the

the vote whereby the rules were suspended and said bill, as amended, was passed was, by unanimous consent, laid on the table.

Ordered, That the Clerk request the concurrence of the Senate in said bill.

A motion to reconsider the vote whereby the rules were suspended and said bill, as amended, was passed was, by unanimous consent, laid on the table. Ordered, That the Clerk request the

, concurrence of the Senate in said bill. 197.13 NATIONAL GEOLOGIC MAPPING

REAUTHORIZATION Mr. CALVERT moved to suspend the rules and pass the bill (H.R. 3198) to reauthorize and amend the National Geologic Mapping Act of 1992, and for other purposes.

The SPEAKER pro tempore, Mr. JONES, recognized Mr. CALVERT and Mr. JOHNSON of South Dakota, each for 20 minutes.

After debate,
The question being put, viva voce,

Will the House suspend the rules and pass said bill?

The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the Members present had voted in the affirmative.

So, two-thirds of the Members present having voted in favor thereof, the rules were suspended and said bill was passed.

A motion to reconsider the vote whereby the rules were suspended and said bill was passed was, by unanimous consent, laid on the table.

Ordered, That the Clerk request the concurrence of the Senate in said bill. 197.14 CRAWFORD NATIONAL FISH

HATCHERY Mr. SAXTON moved to suspend the rules and pass the bill (H.R. 3287) to direct the Secretary of the Interior to convey the Crawford National Fish Hatchery to the city of Crawford, Nebraska; as amended.

The SPEAKER pro tempore, Mr. EWING, recognized Mr. SAXTON and Mr. STUDDS, each for 20 minutes.

After debate,
The question being put, viva voce,

Will the House suspend the rules and pass said bill, as amended?

The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the Members present had voted in the affirmative.

So, two-thirds of the Members present having voted in favor thereof, the rules were suspended and said bill, as amended, was passed.

A motion to reconsider the vote whereby the rules were suspended and said bill, as amended, was passed was, by unanimous consent, laid on table.

Ordered, That the Clerk request the concurrence of the Senate in said bill. 197.15 WALHALLA NATIONAL FISH

HATCHERY Mr. SAXTON moved to suspend the rules and pass the bill (H.R. 3546) to direct the Secretary of the Interior to convey the

the Walhalla National Fish Hatchery to the State of South Carolina; as amended.

The SPEAKER pro tempore, Mr. EWING, recognized Mr. SAXTON and Mr. STUDDS, each for 20 minutes.

197.16 MARION NATIONAL FISH HATCHERY

Mr. SAXTON moved to suspend the rules and pass the bill (H.R. 3557) to direct the Secretay of the Interior to convey the Marion National Fish Hatchery to the State of Alabama; as amended.

The SPEAKER pro tempore, Mr. EWING, recognized Mr. SAXTON and Mr. STUDDS, each for 20 minutes.

After debate,
The question being put, viva voce,

Will the House suspend the rules and pass said bill, as amended?

The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the Members present had voted in the affirmative.

So, two-thirds of the Members present having voted in favor thereof, the rules were suspended and said bill, as amended, was passed.

By unanimous consent, the title was amended so as to read: "An Act direct the Secretary of the Interior to convey the Marion National Fish Hatchery and the Claude Harris National Aquacultural Research Center to the State of Alabama.".

A motion to reconsider the votes whereby the rules were suspended and said bill, as amended, was passed and the title was amended was, by unanimous consent, laid on the table.

Ordered, That the Clerk request the concurrence of the Senate in said bill. 197.17 2002 WINTER OLYMPIC GAMES

Mr. HANSEN moved to suspend the rules and pass the bill (H.R. 3907) to facilitate the 2002 Winter Olympic Games in the State of Utah at the Snowbasin Ski Area, to provide for the acquisition of lands within the Sterling Forest Reserve, and for other purposes; as amended.

The SPEAKER pro tempore, Mr. EWING, recognized Mr. HANSEN and Mr. MILLER of California, each for 20 minutes.

After debate,
The question being put, viva voce,

Will the House suspend the rules and pass said bill, as amended?

The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the Members present had voted in the affirmative.

So, two-thirds of the Members present having voted in favor thereof,

the rules were suspended and said bill, as amended, was passed.

A motion to reconsider the vote whereby the rules were suspended and said bill, as amended, was passed was, by unanimous consent, laid on the table.

Ordered, That the Clerk request the concurrence of the Senate in said bill. 197.18 MESSAGE FROM THE SENATE

A message from the Senate by Mr. Lundregan, one of its clerks, announced that the Senate has passed bills of the following titles in which the concurrence of the House is requested:

S. 84. An Act to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement for the vessel BAGGER, and for other purposes.

S. 172. An Act to authorize the Secretary of Transportation to issue a certificate of documentation for the vessel L.R. BEATTIE.

S. 212. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel SHAMROCK V.

S. 213. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel ENDEAVOUR.

S. 278. An Act to authorize a certificate of documentation for the vessel SERENITY.

S. 279. An Act to authorize a certificate of documentation for the vessel WHY KNOT.

S. 475. An Act to authorize a certificate of documentation for the vessel LADY HAWK.

S. 480. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel GLEAM.

S. 482. An Act to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement for the vessel EMERALD AYES.

S. 492. An Act to authorize the Secretary of Transportation to issue a certificate of documentation for the vessel INTREPID.

S. 493. An Act to authorize the Secretary of Transportation to issue a certificate of documentation for the vessel CONSORTIUM.

S. 527. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel EMPRESS.

S. 528. An Act to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement for three vessels.

S. 535. An Act to authorize the Secretary of Transportation to issue certificates of documentation with appropriate endorsement for employment in coastwise trade for each of 2 vessels named GALLANT LADY, subject to certain conditions, and for other purposes.

S. 561. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel ISABELLE, and for other purposes.

S. 583. An Act to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement for two vessels.

S. 653. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel AURA.

S. 654. An Act to authorize the Secretary of Transportation to issue a certificate of docu

mentation with the appropriate endorsement for employment in the coastwise trade for the vessel SUNRISE.

S. 655. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel MARANTHA.

S. 656. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel QUIETLY.

S. 680. An Act to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement vessel YES DEAR.

S. 739. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel SISU, and for other purposes.

S. 763. An Act to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement for the vessel EVENING STAR, and for other purposes.

S. 802. An Act to authorize the Secretary of Transportation to issue a certificate of documentation and coastwise trade endorsement for vessel ROYAL AFFAIRE.

S. 808. An Act to extend the deadline for the conversion of the vessel M/V TWIN DRILL, and for other purposes.

S. 826. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel PRIME TIME, and for other purposes.

S. 869. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel DRAGONESSA, and for other purposes.

S. 889. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with the appropriate endorsement for employment in the coastwise trade for the vessel WOLF GANG II, and for other purposes.

S. 911. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade of the United States for the vessel SEA MISTRESS.

S. 975. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel JAJO, and for other purposes.

S. 1016. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel MAGIC CARPET.

S. 1017. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel CHRISSY.

S. 1040. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel ONRUST.

S. 1041. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel EXPLORER.

S. 1046. An Act to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade of the United States for fourteen former United States Army hovercraft.

S. 1047. An Act to authorize the Secretary S. 1545. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation with appropriate endorse- documentation with appropriate endorsement for employment in the coastwise trade ment for employment in the coastwise trade endorsements for the vessels ENCHANTED for the vessel MOONRAKER, and for other ISLES and ENCHANTED SEAS.

purposes. S. 1149. An Act to authorize the Secretary S. 1566. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation with appropriate endorse- documentation with appropriate endorsement for employment in the coastwise trade ment for employment in the coastwise trade for the vessel BABS, and for other purposes. for the vessel MARSH GRASS TOO.

S. 1272. An Act to authorize the Secretary S. 1588. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation and coastwise trade endorse- documentation and coastwise trade endorsement for the vessel BILLY BUCK.

ment for the vessel KALYPSO. S. 1281. An Act to authorize the Secretary S. 1631. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation with appropriate endorse- documentation with appropriate endorsement for employment in the coastwise trade ment for employment in the coastwise trade for the vessel SARAH-CHRISTEN.

for the vessel EXTREME, and for other purS. 1281. An Act to authorize the Secretary poses. of Transportation to issue a certificate of S. 1648. An Act to authorize the Secretary documentation with appropriate endorse- of Transportation to issue a certificate of ment for employment in the coastwise trade documentation and coastwise trade endorsefor the vessel TRIAD.

ment for the vessel HERCO TYME. S. 1319. An Act to authorize the Secretary S. 1682. An Act to authorize the Secretary of Transportation to issue a certificate of of Transportation to issue a certificate of documentation with appropriate endorse- documentation and coastwise trade endorsement for employment in the coastwise trade ment for the vessel LIBERTY. for the vessel TOO MUCH FUN, and for other S. 1825. An Act to authorize the Secretary purposes.

of Transportation to issue a certificate of S. 1347. An Act to authorize the Secretary documentation and coastwise trade endorseof Transportation to issue a certificate of ment for the vessel HALCYON. documentation with appropriate endorse- S. 1826. An Act to authorize the Secretary ment for the vessel CAPTAIN DARYL, and of Transportation to issue a certificate of for other purposes.

documentation and coastwise trade endorseS. 1348. An Act to authorize the Secretary ment for the vessel COURIER SERVICE. of Transportation to issue a certificate of S. 1828. An Act to authorize the Secretary documentation with appropriate endorse- of Transportation to issue a certificate of ment for the vessel ALPHA TANGO, and for documentation and coastwise trade endorseother purposes.

ment for the vessel TOP GUN. S. 1349. An Act to authorize the Secretary

S. 1924. An Act to authorize the Secretary of Transportation to issue a certificate of

of Transportation to issue a certificate of documentation with appropriate endorse

documentation and coastwise trade endorsement for the vessel OLD HAT, and for other

ment for the vessel DAMN YANKEE. purposes.

S. 1933. To authorize a certificate of docuS. 1358. An Act to authorize the Secretary

mentation for certain vessels, and for other of Transportation to issue a certificate of purposes. documentation with appropriate endorse

197.19 WATER RESOURCES DEVELOPMENT ment for employment in the coastwise trade for the vessel CAROLYN, and for other pur- Mr. SHUSTER moved to suspend the poses.

rules and pass the bill (H.R. 3592) to S. 1362. An Act to authorize the Secretary

provide for conservation and developof Transportation to issue a certificate of

ment of water and related resources, to documentation with appropriate endorsement for employment in the coastwise trade

authorize the Secretary of the Army to for the vessel FOCUS.

construct various projects for improveS. 1383. An Act to authorize the Secretary

ments to rivers and harbors of the of Transportation to issue a certificate of United States, and for other purposes; documentation and coastwise trade endorse- . as amended. ment for the vessel WESTFJORD.

The SPEAKER pro tempore, Mr. S. 1384. An Act to authorize the Secretary

EWING, recognized Mr. SHUSTER and of Transportation to issue a certificate of

Mr. BORSKI, each for 20 minutes. documentation and coastwise trade endorse

After debate,
ment for the vessel GOD'S GRACE II.
S. 1454. An Act to authorize the Secretary

The question being put, viva voce, of Transportation to issue a certification of

Will the House suspend the rules and documentation with appropriate endorse- pass said bill, as amended? ment for employment in the coastwise trade The SPEAKER pro tempore, Mr. and fisheries for the vessel JOAN MARIE, EWING, announced that two-thirds of and for other purposes.

the Members present had voted in the S. 1455. An Act to authorize the Secretary

affirmative. of Transportation to issue a certificate of

So, two-thirds of the Members documentation with appropriate endorsement for employment in the coastwise trade

present having voted in favor thereof, for the vessel MOVIN ON, and for other pur

the rules were suspended and said bill, poses.

as amended, was passed. S. 1456. An Act to authorize the Secretary

A motion to reconsider the vote of Transportation to issue a certificate of whereby the rules were suspended and documentation with appropriate endorse- said bill, as amended, was passed was, ment for employment in the coastwise trade by unanimous consent, laid on the for the vessel PLAY HARD, and for other

table.
purposes.
S. 1457. An Act to authorize the Secretary

Ordered, That the Clerk request the of Transportation to issue a certificate of

concurrence of the Senate in said bill. documentation with appropriate endorse

197.20 WATER RESOURCES DEVELOPMENT ment for employment in the coastwise trade for the vessel SHOGUN, and for other pur- On motion of Mr. SHUSTER, by poses.

unanimous consent, the bill of the Sen[Roll No. 374]

The roll was called under clause 4. rule XV, and the call was taken by electronic device.

Yeas .... 386 When there appeared

Nays

28 Answered present 2

198.7

Obey Olver Ortiz Orton Owens Oxley Packard Pallone Parker Pastor Paxon Payne (NJ) Payne (VA) Pelosi Peterson (FL) Peterson (MN) Petri Pickett Pomeroy Porter Portman Poshard Pryce Quillen Quinn Radanovich Rahall Ramstad Rangel Reed Regula Rivers Roberts Roemer Rogers Rohrabacher Ros-Lehtinen Rose Roukema Roybal-Allard Royce Rush

Sabo Salmon Sanders Sanford Sawyer Saxton Scarborough Schiff Schroeder Schumer Scott Seastrand Sensenbrenner Serrano Shaw Shays Shuster Sisisky Skaggs Skeen Skelton Slaughter Smith (MI) Smith (NJ) Smith (TX) Smith (WA) Solomon Spence Spratt Stark Stearns Stenholm Stockman Stokes Studds Stump Stupak Talent Tanner Tate Tauzin Taylor (MS)

Taylor (NC) Tejeda Thomas Thompson Thornberry Thornton Thurman Tiahrt Torkildsen Torres Torricelli Towns Traficant Upton Velazquez Vento Visclosky Volkmer Vucanovich Walker Walsh Wamp Ward Waters Watt (NC) Watts (OK) Waxman Weldon (FL) Weldon (PA) White Whitfield Wicker Williams Wilson Wise Wolf Woolsey Wynn Yates Young (AK) Zeliff

YEAS—386
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)

Abercrombie
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Burr
Burton
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
DeFazio
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks

Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doggett
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly

Jackson-Lee

(TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
La Falce
Lantos
Largent
Latham
La Tourette
Laughlin
Leach
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-

McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Nussle
Oberstar

Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
La Tourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt

NAYS-28
Allard
Geren

Neumann Bentsen

Greene (UT) Norwood Bryant (TN) Hastert

Pombo Bunning Hilleary

Schaefer Buyer Lazio

Shadegg Collins (GA) Lewis (KY)

Souder
Combest
Lightfoot

Weller
Deal
McKeon

Zimmer Everett

Molinari
Ewing

Murtha
ANSWERED “PRESENT”——2

Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Zeliff
Zimmer

[blocks in formation]

NOT VOTING—17
Ackerman
Flake

McDade
Callahan
Ford

Richardson
Chapman
Gunderson

Riggs
Collins (IL) Hunter

Roth Collins (MI) Lincoln

Young (FL) DeLauro

Livingston Mr. WISE moved to reconsider the vote whereby the House agreed to permit the use of said exhibit.

Mr. CASTLE moved to lay on the table the motion to reconsider the vote.

The question being put, viva voce,

Will the House lay on the table the motion to reconsider said vote?

The SPEAKER pro tempore, Mr. HEFLEY, announced that the nays had it.

Mr. CASTLE demanded a recorded vote on agreeing to lay on the table the motion to reconsider, which demand was supported by one-fifth of a quorum, so a recorded vote was ordered.

The vote was taken by electronic device.

It was decided in the / Yeas 232 affirmative ...

Nays 181

[blocks in formation]

.....

[blocks in formation]

Mr. SOLOMON demanded that the vote be taken by the yeas and nays, which demand was supported by onefifth of the Members present, so the yeas and nays were ordered.

The SPEAKER pro tempore, Mrs. MYRICK, pursuant to clause 5, rule I, announced that further proceedings on the motion were postponed. 197.28 COMPENSATORY TIME

The SPEAKER pro tempore, Mrs. MYRICK, pursuant to House Resolution 488 and rule XXIII, declared the House resolved into the Committee of the Whole House on the state of the Union for the consideration of the bill (H.R. 2391) to amend the Fair Labor Standards Act of 1938 to provide compensatory time for all employees.

The SPEAKER pro tempore, Mrs. MYRICK, by unanimous consent, designated Mr. LAHOOD as Chairman of the Committee of the Whole; and after some time spent therein,

The SPEAKER pro tempore, Mr. WELLER, assumed the Chair.

When Mr. LAHOOD, Chairman, pursuant to House Resolution 488, reported the bill back to the House with an amendment adopted by the Committee.

The previous question having been ordered by said resolution.

The following amendment, reported from the Committee of the whole House on the state of the Union, was agreed to:

Strike out all after the enacting clause and insert:

Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE.

This Act may be cited as the “Working Families Flexibility Act of 1996". SEC. 2. COMPENSATORY TIME.

Subsection (0) of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended

(1) by striking paragraphs (1) through (5) and inserting the following:

“(1) An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and onehalf hours for each hour of employment for which overtime compensation is required by this section.

""(2) An employer may provide compensatory time under paragraph (1) only

(A) pursuant to

"(i) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representatives of such employees, or

“(ii) in the case of employees who are not represented by a collective bargaining agent or other representative designated by the employee, an agreement or understanding arrived at between the employer and employee before the performance of the work if such agreement or understanding was entered into knowingly and voluntarily by such employee;

“(B) in the case of an employee who is not an employee of a public agency, if such employee has affirmed, in a written or otherwise verifiable statement that is made, kept, and preserved in accordance with section 11(c), that the employee has chosen to receive compensatory time in lieu of overtime compensation; and

**(C) if the employee has not accrued compensatory time in excess of the limit appli

cable to the employee prescribed by paragraph (4) or (5). In the case of employees described in subparagraph (A)(ii) who are employees of a public agency and who were hired before April 15, 1986, the regular practice in effect on such date with respect to compensatory time off for such employees in lieu of the receipt of overtime compensation, shall constitute an agreement or understanding described in such subparagraph. Except as provided in the preceding sentence, the provision of compensatory time off to employees of a public agency for hours worked after April 14, 1986, shall be in accordance with this subsection. An employer may provide compensatory time under paragraph (1) to an employee who is not an employee of a public agency only if such agreement or understanding was not a condition of employment.

“(3) An employer which is not a public agency and which provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of,

"(A) interfering with such employee's rights under this subsection to request or not request compensatory time off in lieu of payment of overtime compensation for overtime hours; or

"(B) requiring any employee to use such compensatory time.

“()(A) An employee, who is not an employee of a public agency, may accrue not more than 240 hours of compensatory time.

“(B)(i) Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12month period.

"(ii) The employer may provide monetary compensation for an employee's unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6).

"(iii) An employer which has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice. An employee who is not an employee of a public agency may withdraw an agreement or understanding described in paragraph (2)(A)(ii) at any time.

“(C) An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued which has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6).

“(5)(A) If the work of an employee of a public agency for which compensatory time may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, the employee engaged in such work may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If such work was any other work, the employee engaged in such work may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986. Any such employee who, after April 15, 1986, has accrued 480 or 240 hours, as the case may be, of compensatory time off shall, for additional overtime hours of work, be paid overtime compensation.

"(B) If compensation is paid to an employee described in subparagraph (A) for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment.

**(6)(A) An employee of an employer which is not a public agency who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time at a rate of compensation not less than

"(i) the average regular rate received by such employee during the period during which the compensatory time was accrued, or

"(ii) the final regular rate received by such employee, whichever is higher.

"(B) An employee of an employer which is a public agency who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time at a rate of compensation not less than

"(i) the average regular rate received by such employee during the last 3 years of the employee's employment, or

"(ii) the final regular rate received by such employee, whichever is higher.

“(C) Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation.

"(7) An employee

“(A) who has accrued compensatory time off authorized to be provided under paragraph (1), and

"(B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer.”; and

(2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively.

) 9 SEC. 3. REMEDIES.

Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended

(1) in subsection (b), by striking "(b) Any employer” and inserting “(b) Except as provided in subsection (f), any employer"; and

(2) by adding at the end the following:

“(f) An employer which is not a public agency and which violates section 7(0)(3) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(0)6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.”. SEC. 4. NOTICE TO EMPLOYEES.

Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published at 29 C.F.R. 516.4, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act.

The bill, as amended, was ordered to be engrossed and read a third time, was read a third time by title.

The question being put, viva voce,
Will the House pass said bill?

The SPEAKER pro tempore, Mr. WELLER, announced that the yeas had it.

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197.31

Mr. CLAY objected to the vote on the ground that a quorum was not present and not voting.

A quorum not being present,

The roll was called under clause 4,
rule XV, and the call was taken by
electronic device. .
When there appeared

Yeas ....... 225
Nays ... 195

197.29

Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox

[Roll No. 370]

YEAS-225 Franks (NJ) Frelinghuysen Funderburk Gallegly Ganske Gekas Geren Gilchrest Gillmor Gingrich Goodlatte Goodling Goss Graham Greene (UT) Greenwood Gunderson Gutknecht Hall (TX) Hancock Hansen Harman Hastert Hayes Hayworth Hefley Heineman Herger Hilleary Hobson Hoekstra Hoke Hostettler Hunter Hutchinson Hyde Istook Jacobs Johnson (CT) Johnson, Sam Jones Kasich Kelly Kim Kingston Klug Knollenberg Kolbe LaHood Largent Latham La Tourette Laughlin Lazio Leach Lewis (CA) Lewis (KY) Lightfoot Linder Livingston LoBiondo Longley Lucas Manzullo McCollum McCrery McInnis McIntosh McKeon Meyers Mica Miller (FL) Minge Molinari Montgomery

NAYS-195 Beilenson Bentsen Berman Bevill Bishop Blumenauer Boehlert Bonior

Moorhead
Morella
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Zeliff

Clay Clayton Clement Clyburn Coleman Collins (IL) Collins (MI) Condit Conyers Costello Coyne Cramer Cummings Danner de la Garza DeFazio DeLauro Dellums Deutsch Diaz-Balart Dicks Dingell Dixon Doggett Doyle Durbin Edwards Engel Eshoo Evans Farr Fattah Fazio Fields (LA) Filner Flake Forbes Frank (MA) Franks (CT) Frisa Frost Furse Gejdenson Gibbons Gilman Gonzalez Gordon Green (TX) Gutierrez Hall (OH) Hamilton Hastings (FL) Hefner Hilliard Hinchey Holden Horn Houghton

Hoyer
Jackson (IL)
Jackson-Lee

(TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Menendez
Metcalf
Millender-

McDonald
Miller (CA)
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pallone

Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Smith (NJ)
Solomon
Spratt
Stark
Stockman
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)

Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay

[Roll No. 371]

YEAS-416
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter

Hutchinson
Hyde
Istook
Jackson (IL)
Jackson-Lee

(TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
La Tourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-

McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler

(GA)

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Abercrombie Ackerman Andrews Baesler Baldacci Barcia Barrett (WI) Becerra

Borski Boucher Brown (CA) Brown (FL) Brown (OH) Bryant (TX) Cardin Chapman

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