well, i think the solis iter general's readling would probably create the fewest problems as i understand it. my main objection to the solicitor general's reading is i don't think it makes a whole lot of sense. basically the solicitor general says every penalty in the internal revenue code. every other penalty in the affordable care act -- >> that's not. that's carrying it too far. he says if a penalty is designated as a tax by congress, then it's subject to the aia. that's most of the code. the tax code. and he says for those portions of the affordable care act, that designate things as taxes the aia applies. so it's only -- and i haven't found another statute. i'm going to ask him if there's another one. it's only for those statutes in which congress has designated something solely as a penalty and not indicated that it's a tax they don't fall within the aia. >> right. i think my take on it is if you adopted the solicitor general's approach there are probably three penalties for alcohol and back related offenses. 5114-c. 5684, and 5761 that i think would be very difficult to distinguish

third readling. the clerk: a bill to provide an extension ever federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the highway trust fund pending enactment of a multiyear law re-authorizing such programs. the speaker pro tempore: the question is on passage of the bill. so many as are in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. mr. rahall: i ask for a recorded vote. the speaker pro tempore: the gentleman has requested -- mr. mica: yeas and nays are requested. the speaker pro tempore: the yeas and nays are requested. those favoring a vote by the yeas and nays will rise. a sufficient number having arisen, the yeas and nays are ordered. members will record their votes by electronic device. this will be a 15-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings