[Congressional Record Volume 153, Number 125 (Wednesday, August 1, 2007)]
[House]
[Pages H9299-H9302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONSIDERATION OF H.R. 3162, CHILDREN'S HEALTH AND
MEDICARE PROTECTION ACT OF 2007
Mr. SESSIONS. Madam Speaker, I ask unanimous consent that the text of
the amendment, which I will offer to the rule if the previous question
is defeated, and extraneous material be printed just prior to the vote
on the previous question.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SESSIONS. Madam Speaker, I yield the balance of my time to the
ranking member of the Select Committee on Intelligence, the gentleman
from Michigan (Mr. Hoekstra).
Mr. HOEKSTRA. Madam Speaker, I think we all know the context of the
world that we live in today. America is under heightened threat.
We also know that, if we go back to May 21, the Director of National
Intelligence has said our intelligence agencies must obtain a court
order to monitor the communications of foreigners suspected of
terrorist activity who are physically located in foreign countries.
Foreign intelligence, foreign terrorists in foreign countries, and we
need to get a court order.
The end result is we have significant gaps in gathering the
information that we need to keep America safe. That is why we need to
vote against this previous question, and why we need to do an update of
the Foreign Intelligence Surveillance Act today.
But in light of these threats and this context, what has been the
response? What's been the response of this Congress and the other side?
Only a couple of weeks ago, we decided that we would give al Qaeda
more information about our Intelligence Community. We decided that
Congress would mandate that we declassify the top line. In the
intelligence authorization bill that we did earlier this year, we said
we want a national intelligence estimate, not on al Qaeda, not on Iran,
not on Syria, not on North Korea, but we want it on global climate
change. We gutted some of our key funding for intelligence operations,
and we have done absolutely nothing on updating FISA, even though we
are under heightened threat and we are talking about foreign targets,
foreign intelligence from individuals who are located overseas.
We need to update FISA, and we need to do it before we go home.
Weakening our national security and weakening our intelligence effort
in these times is the wrong thing to do.
We used to talk about our inability to connect the dots. What we now
have is a majority that is unwilling and unable to give our
Intelligence Community even the capabilities to go out and connect the
dots that keep us safe.
Make no doubt about it. We are weakening our intelligence. We are
making this country more vulnerable, and we need to act, and we need to
act before we go on recess.
Mr. NADLER. Will the gentleman yield?
Mr. HOEKSTRA. No, I will not yield. And I know that this colleague
has been very sympathetic to making us and fixing this problem, and I
appreciate his efforts in this area.
But if we go back to knowing that we have had this information for
more than 6 months, we have not dealt with this information. Go back to
the ``op ed'' that the Director of National Intelligence wrote in May.
And this bill that we are dealing with today concerns children. But, as
the DNI has said, this surveillance saves lives, the lives of our
children and grandchildren. That is what we are talking about.
What do we do to keep the homeland safe? What do we do to keep our
troops safe? Because we are talking about gathering intelligence from
foreign targets in places like Pakistan, Afghanistan and Iraq.
The SPEAKER pro tempore. The gentleman's time has expired.
Mr. SESSIONS. Madam Speaker, I would ask unanimous consent for 2
additional minutes for the gentleman.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
[[Page H9300]]
Ms. CASTOR. I object.
The SPEAKER pro tempore. Objection is heard.
Mr. HOEKSTRA. I encourage my colleagues to vote ``no'' on this
previous question. Deal with the issue of FISA and deal with it now.
The SPEAKER pro tempore. The gentleman's time has expired.
Ms. CASTOR. Madam Speaker, for today we are here on the Children's
Health and Medicare Act, the CHAMP Act.
And, Madam Speaker, I hope the American people know there are many
champions for America's kids standing up for our hardworking families
in the Nation's Capitol today; and we are joining with Republican and
Democratic Governors from across the country fighting for a new
direction, for a healthier and economically sound America.
It was only 8 months ago when Speaker Nancy Pelosi accepted the
gavel as the first female Speaker of the House of Representatives. She
accepted that gavel on behalf of America's children, and we're going to
keep our promise to America's kids today.
There's another champion in the Chair of the Rules Committee, Ms.
Louise Slaughter, who has helped us fight through these delaying
tactics to bring this bill to the floor, and we will vote on it today.
In the Energy and Commerce Committee, Chairman John Dingell continues
to be a voice of clarity and advocacy for America's children; and he is
joined by the voices, the loud voices, of Congressman Frank Pallone and
Congresswoman Diana DeGette and the members of that committee.
In the Ways and Means Committee, where PAYGO means something now in
this new Congress, Chairman Charlie Rangel has led our effort to pay
for this Act.
And I salute the subcommittee Chair, Mr. Pete Stark, and the members
of that committee and many, many more on the floor of this House, who
are not just Members of Congress, but we are also parents and we are
grandparents.
The real champions, however, are the parents across America working
to make ends meet and provide their children with a healthy and
successful life. We are on their side today and every day, even in the
face of resistance from the White House, where the President suggests
that the health care for America's kids can be found in the emergency
rooms of local hospitals. That is wrong.
Instead, through the SCHIP program and children's health care and
this innovative partnership between communities, States and Federal
Government, we will make important investments in our kids and their
health today that will pay dividends down the road for our economy. It
will reduce the strain on our emergency rooms, our crowded local
emergency rooms, and it will reduce the strain on moms and dads.
This is, indeed, a historic day, a day for a new direction, a day
full of hope for the health of our children and a better America.
I urge a ``yes'' vote on the previous question and on the rule.
The material previously referred to by Mr. Sessions is as follows:
Amendment to H. Res. 594 Offered by Mr. Sessions of Texas
At the end of the resolution, add the following:
Sec. 3. That immediately upon the adoption of this
resolution the House shall, without intervention of any point
of order, consider the bill (H.R. 3138) to amend the Foreign
Intelligence Surveillance Act of 1978 to update the
definition of electronic surveillance. All points of order
against the bill are waived. The bill shall be considered as
read. The previous question shall be considered as ordered on
the bill to final passage without intervening motion except:
(1) one hour of debate on the bill equally divided and
controlled by the chairman and ranking minority member of the
Permanent Select Committee on Intelligence; and (2) one
motion to recommit.
____
(The information contained herein was provided by
Democratic Minority on multiple occasions throughout the
109th Congress.)
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Democratic majority agenda and a vote to allow
the opposition, at least for the moment, to offer an
alternative plan. It is a vote about what the House should be
debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives, (VI, 308-311) describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
Because the vote today may look bad for the Democratic
majority they will say ``the vote on the previous question is
simply a vote on whether to proceed to an immediate vote on
adopting the resolution . . . [and] has no substantive
legislative or policy implications whatsoever.'' But that is
not what they have always said. Listen to the definition of
the previous question used in the Floor Procedures Manual
published by the Rules Committee in the 109th Congress, (page
56). Here's how the Rules Committee described the rule using
information from Congressional Quarterly's American
Congressional Dictionary: ``If the previous question is
defeated, control of debate shifts to the leading opposition
member (usually the minority Floor Manager) who then manages
an hour of debate and may offer a germane amendment to the
pending business.''
Deschler's Procedure in the U.S. House of Representatives,
the subchapter titled ``Amending Special Rules'' states: ``a
refusal to order the previous question on such a rule [a
special rule reported from the Committee on Rules] opens the
resolution to amendment and further debate.'' (Chapter 21,
section 21.2) Section 21.3 continues: Upon rejection of the
motion for the previous question on a resolution reported
from the Committee on Rules, control shifts to the Member
leading the opposition to the previous question, who may
offer a proper amendment or motion and who controls the time
for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Democratic
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Ms. CASTOR. Madam Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SESSIONS. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of adoption of the resolution.
The vote was taken by electronic device, and there were--yeas 228,
nays 190, not voting 14, as follows:
[Roll No. 784]
YEAS--228
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
[[Page H9301]]
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth
NAYS--190
Aderholt
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hastert
Hastings (WA)
Hayes
Heller
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson (IL)
Jones (NC)
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--14
Akin
Bartlett (MD)
Clarke
Davis, Jo Ann
Doolittle
Hall (TX)
Hensarling
Johnson, Sam
Jordan
Manzullo
Pickering
Pitts
Rogers (KY)
Tancredo
{time} 1402
Mr. BARTON of Texas changed his vote from ``yea'' to ``nay.''
Mr. ACKERMAN and Mrs. JONES of Ohio changed their vote from ``nay''
to ``yea.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Ms. CASTOR. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 224,
noes 197, not voting 11, as follows:
[Roll No. 785]
AYES--224
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth
NOES--197
Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Ellsworth
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Hill
Hobson
Hoekstra
Hulshof
Inglis (SC)
Issa
Jindal
Johnson (IL)
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Souder
Stearns
Taylor
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--11
Clarke
Davis, Jo Ann
Herger
Hunter
Johnson, Sam
Manzullo
Moore (WI)
Pickering
Smith (TX)
Sullivan
Tancredo
[[Page H9302]]
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1409
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Ms. MOORE of Wisconsin: Madam Speaker, on rollcall No. 785, had I
been present, I would have voted ``aye.''
Stated against:
Mr. JORDAN of Ohio. Madam Speaker, I was absent from the House Floor
during today's rollcall vote on ordering the previous question on House
Resolution 594.
Had I been present, I would have voted ``no.''
____________________