[Congressional Record Volume 153, Number 144 (Wednesday, September 26, 2007)]
[House]
[Pages H10913-H10920]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              CONTINUING APPROPRIATIONS, FISCAL YEAR 2008

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 677, I call up 
the joint resolution (H.J. Res. 52) making continuing appropriations 
for the fiscal year 2008, and for other purposes, and ask for its 
immediate consideration.
  The Clerk read the title of the joint resolution.
  The text of House Joint Resolution 52 is as follows:

                              H.J. Res. 52

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That the 
     following sums are hereby appropriated, out of any money in 
     the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for fiscal year 
     2008, and for other purposes, namely:
       Sec. 101. Such amounts as may be necessary, at a rate for 
     operations as provided in the applicable appropriations Acts 
     for fiscal year 2007 and under the authority and conditions 
     provided in such Acts, for continuing projects or activities 
     (including the costs of direct loans and loan guarantees) 
     that are not otherwise specifically provided for in this 
     joint resolution, that were conducted in fiscal year 2007, 
     and for which appropriations, funds, or other authority were 
     made available in the following appropriations Acts:
       (1) The Department of Defense Appropriations Act, 2007 
     (division A of Public Law 109-289).
       (2) The Department of Homeland Security Appropriations Act, 
     2007 (Public Law 109-295).
       (3) The Continuing Appropriations Resolution, 2007 
     (division B of Public Law 109-289, as amended by Public Law 
     110-5).
       Sec. 102. (a) No appropriation or funds made available or 
     authority granted pursuant to section 101 for the Department 
     of Defense shall be used for (1) the new production of items 
     not funded for production in fiscal year 2007 or prior years; 
     (2) the increase in production rates above those sustained 
     with fiscal year 2007 funds; or (3) the initiation, 
     resumption, or continuation of any project, activity, 
     operation, or organization (defined as any project, 
     subproject, activity, budget activity, program element, and 
     subprogram within a program element, and for any investment 
     items defined as a P-1 line item in a budget activity within 
     an appropriation account and an R-1 line item that includes a 
     program element and subprogram element within an 
     appropriation account) for which appropriations, funds, or 
     other authority were not available during fiscal year 2007.
       (b) No appropriation or funds made available or authority 
     granted pursuant to section 101 for the Department of Defense 
     shall be used to initiate multi-year procurements utilizing 
     advance procurement funding for economic order quantity 
     procurement unless specifically appropriated later.
       (c) Notwithstanding this section, the Secretary of Defense 
     may, following notification of the congressional defense 
     committees, initiate projects or activities required to be 
     undertaken for force protection purposes using funds 
     available from the Iraq Freedom Fund.
       Sec. 103. Appropriations made by section 101 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.
       Sec. 104. Except as otherwise provided in section 102, no 
     appropriation or funds made available or authority granted 
     pursuant to section 101 shall be used to initiate or resume 
     any project or activity for which appropriations, funds, or 
     other authority were not available during fiscal year 2007.
       Sec. 105. Appropriations made and authority granted 
     pursuant to this joint resolution shall cover all obligations 
     or expenditures incurred for any project or activity during 
     the period for which funds or authority for such project or 
     activity are available under this joint resolution.
       Sec. 106. Unless otherwise provided for in this joint 
     resolution or in the applicable appropriations Act for fiscal 
     year 2008, appropriations and funds made available and 
     authority granted pursuant to this joint resolution shall be 
     available until whichever of the following first occurs: (1) 
     the enactment into law of an appropriation for any project or 
     activity provided for in this joint resolution;

[[Page H10914]]

     (2) the enactment into law of the applicable appropriations 
     Act for fiscal year 2008 without any provision for such 
     project or activity; or (3) November 16, 2007.
       Sec. 107. Expenditures made pursuant to this joint 
     resolution shall be charged to the applicable appropriation, 
     fund, or authorization whenever a bill in which such 
     applicable appropriation, fund, or authorization is contained 
     is enacted into law.
       Sec. 108. Appropriations made and funds made available by 
     or authority granted pursuant to this joint resolution may be 
     used without regard to the time limitations for submission 
     and approval of apportionments set forth in section 1513 of 
     title 31, United States Code, but nothing in this joint 
     resolution may be construed to waive any other provision of 
     law governing the apportionment of funds.
       Sec. 109. Notwithstanding any other provision of this joint 
     resolution, except section 106, for those programs that would 
     otherwise have high initial rates of operation or complete 
     distribution of appropriations at the beginning of fiscal 
     year 2008 because of distributions of funding to States, 
     foreign countries, grantees, or others, such high initial 
     rates of operation or complete distribution shall not be 
     made, and no grants shall be awarded for such programs funded 
     by this joint resolution that would impinge on final funding 
     prerogatives.
       Sec. 110. This joint resolution shall be implemented so 
     that only the most limited funding action of that permitted 
     in the joint resolution shall be taken in order to provide 
     for continuation of projects and activities.
       Sec. 111. (a) For entitlements and other mandatory payments 
     whose budget authority was provided in appropriations Acts 
     for fiscal year 2007, and for activities under the Food Stamp 
     Act of 1977, activities shall be continued at the rate to 
     maintain program levels under current law, under the 
     authority and conditions provided in the applicable 
     appropriations Act for fiscal year 2007, to be continued 
     through the date specified in section 106(3).
       (b) Notwithstanding section 106, obligations for mandatory 
     payments due on or about the first day of any month that 
     begins after October 2007 but not later than 30 days after 
     the date specified in section 106(3) may continue to be made, 
     and funds shall be available for such payments.
       Sec. 112. Amounts made available under section 101 for 
     civilian personnel compensation and benefits in each 
     department and agency may be apportioned up to the rate for 
     operations necessary to avoid furloughs within such 
     department or agency, consistent with the applicable 
     appropriations Act for fiscal year 2007, except that such 
     authority provided under this section shall not be used until 
     after the department or agency has taken all necessary 
     actions to reduce or defer non-personnel-related 
     administrative expenses.
       Sec. 113. Funds appropriated by this joint resolution may 
     be obligated and expended notwithstanding section 10 of 
     Public Law 91-672 (22 U.S.C. 2412), section 15 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 
     504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
     414(a)(1)).
       Sec. 114. Notwithstanding section 20106 of the Continuing 
     Appropriations Resolution, 2007 (division B of Public Law 
     109-289, as amended by Public Law 110-5), the Secretary of 
     Agriculture is authorized to enter into or renew contracts 
     under section 521(a)(2) of the Housing Act of 1949 (42 U.S.C. 
     1490a(a)(2)) for 1 year.
       Sec. 115. The authority provided by section 3a of the Act 
     of March 3, 1927 (commonly known as the ``Cotton Statistics 
     and Estimates Act'') (7 U.S.C. 473a) shall continue in effect 
     through the date specified in section 106(3) of this joint 
     resolution.
       Sec. 116. The authority of the Secretary of Agriculture to 
     carry out the adjusted gross income limitation contained in 
     section 1001D of the Food Security Act of 1985 (7 U.S.C. 
     1308-3a) shall continue through the end of the period 
     specified in subsection (e) of such section or the date 
     specified in section 106(3) of this joint resolution, 
     whichever occurs later.
       Sec. 117. The provisions of title VIII of the Departments 
     of Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 2005 (Public Law 108-447, 
     division B) that apply during fiscal year 2007 shall continue 
     to apply through the date specified in section 106(3) of this 
     joint resolution.
       Sec. 118. The authority provided by section 1202 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163) shall continue in effect through the 
     earlier of the date of enactment of the National Defense 
     Authorization Act for Fiscal Year 2008 or the date specified 
     in section 106(3) of this joint resolution.
       Sec. 119. The authority provided by section 1477(d) of 
     title 10, United States Code, as amended by section 3306 of 
     Public Law 110-28, shall continue in effect through the date 
     of enactment of the National Defense Authorization Act for 
     Fiscal Year 2008.
       Sec. 120. The authority provided by section 1208 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375) shall continue in 
     effect through the earlier of the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 2008 or 
     the date specified in section 106(3) of this joint 
     resolution.
       Sec. 121. The authority provided by section 1022 of the 
     National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136), as amended by section 1022 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163), shall continue in effect through the 
     earlier of the date of enactment of the National Defense 
     Authorization Act for Fiscal Year 2008 or the date specified 
     in section 106(3) of this joint resolution.
       Sec. 122. The authority provided by section 1051a of title 
     10, United States Code, shall continue in effect through the 
     earlier of the date of enactment of the National Defense 
     Authorization Act for Fiscal Year 2008 or the date specified 
     in section 106(3) of this joint resolution.
       Sec. 123. (a) Notwithstanding any other provision of law or 
     this joint resolution, and in addition to amounts otherwise 
     made available by this joint resolution, there is 
     appropriated $5,200,000,000 for a ``Mine Resistant Ambush 
     Protected Vehicle Fund'', to remain available until September 
     30, 2008.
       (b) The funds provided by subsection (a) shall be available 
     to the Secretary of Defense to continue technological 
     research and development and upgrades, to procure Mine 
     Resistant Ambush Protected vehicles and associated support 
     equipment, and to sustain, transport, and field Mine 
     Resistant Ambush Protected vehicles.
       (c)(1) The Secretary of Defense shall transfer funds 
     provided by subsection (a) to appropriations for operation 
     and maintenance; procurement; and research, development, test 
     and evaluation to accomplish the purposes specified in 
     subsection (b). Such transferred funds shall be merged with 
     and be available for the same purposes and for the same time 
     period as the appropriation to which they are transferred.
       (2) The transfer authority provided by this subsection 
     shall be in addition to any other transfer authority 
     available to the Department of Defense.
       (3) The Secretary of Defense shall, not less than 5 days 
     prior to making any transfer under this subsection, notify 
     the congressional defense committees in writing of the 
     details of the transfer.
       (d) The amount provided by this section is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to subsections (a) and (b) of section 204 of S. Con. 
     Res. 21 (110th Congress), the concurrent resolution on the 
     budget for fiscal year 2008.
       Sec. 124. Section 14704 of title 40, United States Code, 
     shall be applied by substituting the date specified in 
     section 106(3) of this joint resolution for ``October 1, 
     2007''.
       Sec. 125. Section 382N of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 2009aa-13) shall be applied by 
     substituting the date specified in section 106(3) of this 
     joint resolution for ``October 1, 2007''.
       Sec. 126. Of the funds made available to the Department of 
     Energy under this joint resolution, $484,000 may be 
     transferred to another agency for carrying out the provisions 
     of division C of Public Law 108-324. Funds so transferred 
     shall be refunded to the Department after passage of the 
     regular appropriations Act for that agency.
       Sec. 127. (a) In addition to the amounts otherwise provided 
     under section 101, an additional amount is available under 
     ``General Services Administration--Operating Expenses 
     Account'', at a rate for operations of $4,340,000, for the 
     costs of agency activities transferred to the Civilian Board 
     of Contract Appeals pursuant to section 847 of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163).
       (b) For purposes of section 101, the rate for operations 
     for each of the accounts from which funds were transferred in 
     fiscal year 2007 pursuant to section 847(b) of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163; 41 U.S.C. 607 note) is reduced by an amount equal to 
     the annualized level of the funds transferred.
       Sec. 128. Notwithstanding any other provision of this joint 
     resolution, except section 106, the District of Columbia may 
     expend local funds for programs and activities under the 
     heading ``District of Columbia Funds'' for such programs and 
     activities under title IV of H.R. 2829 (110th Congress), as 
     passed by the House of Representatives, at the rate set forth 
     under ``District of Columbia Funds--Summary of Expenses'' as 
     included in the Fiscal Year 2008 Proposed Budget and 
     Financial Plan submitted to the Congress by the District of 
     Columbia on June 7, 2007, as amended on June 29, 2007.
       Sec. 129. Section 403(f) of the Government Management 
     Reform Act of 1994 (Public Law 103-356; 31 U.S.C. 501 note) 
     shall be applied by substituting the date specified in 
     section 106(3) of this joint resolution for ``October 1, 
     2006''.
       Sec. 130. Section 204(e) of the Veterans Benefits 
     Improvement Act of 2004 (Public Law 108-454; 38 U.S.C. 4301 
     note) shall be applied by substituting the date specified in 
     section 106(3) of this joint resolution for ``September 30, 
     2007''.
       Sec. 131. Any funds made available pursuant to section 101 
     for United States Customs and Border Protection may be 
     obligated to support hiring, training, and equipping of new 
     border patrol agents at a rate for operations not exceeding 
     that necessary to sustain the numbers of new border patrol 
     agents hired, trained, and equipped in the final quarter of 
     fiscal year 2007. The Commissioner of United States Customs 
     and Border Protection shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     on each use of the authority provided in this section.

[[Page H10915]]

       Sec. 132. The Secretary of Homeland Security may continue, 
     through the date specified in section 106(3) of this joint 
     resolution, to obligate funds at the rate the Secretary 
     determines necessary to maintain not more than the average 
     monthly number of detention bed spaces in use during 
     September 2007 at detention facilities operated or contracted 
     by the Department of Homeland Security.
       Sec. 133. During the period specified in section 106 of 
     this joint resolution, section 517(b) of Public Law 109-295 
     shall not be in effect.
       Sec. 134. Section 105(f)(1)(B)(ix) of the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 
     1921d(f)(1)(B)(ix)) shall be applied by substituting the date 
     specified in section 106(3) of this joint resolution for 
     ``the end of fiscal year 2007''.
       Sec. 135. (a) Activities authorized by chapters 2, 3, 5, 
     and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et 
     seq.) shall continue through the date specified in section 
     106(3) of this joint resolution.
       (b) Notwithstanding any other provision of this joint 
     resolution, except section 106, there is appropriated to 
     carry out chapter 6 of title II of the Trade Act of 1974 (19 
     U.S.C. 2401 et seq.) $5,000,000.
       Sec. 136. (a) Appropriation for CHIP Program.--
       (1) In general.--Notwithstanding any other provision of 
     this joint resolution, there is hereby appropriated, out of 
     any money in the Treasury not otherwise appropriated for 
     fiscal year 2008, $5,000,000,000 for purposes of providing 
     allotments to States, the District of Columbia, and 
     commonwealths and territories under section 2104 of the 
     Social Security Act (42 U.S.C. 1397dd), and, in addition, 
     $40,000,000 for the purpose of providing additional 
     allotments under subsection (c)(4)(A) of such section.
       (2) Availability.--Funds made available from any allotment 
     under subsection (b) shall not be available for obligation 
     for child health assistance for items and services furnished 
     after the termination date specified in section 106(3) of 
     this joint resolution, or, if earlier, the date of the 
     enactment of an Act that provides funding for fiscal year 
     2008 and for one or more subsequent fiscal years for the 
     Children's Health Insurance Program under title XXI of the 
     Social Security Act.
       (b) Allotments.--Notwithstanding any other provision of 
     this joint resolution, the Secretary of Health and Human 
     Services shall make allotments to States, the District of 
     Columbia, and commonwealths and territories under section 
     2104 of the Social Security Act (42 U.S.C. 1397dd) from the 
     amounts appropriated under subsection (a) for the entire 
     fiscal year 2008.
       (c) Redistribution of Unused Fiscal Year 2005 Allotments to 
     States With Estimated Funding Shortfalls for Fiscal Year 
     2008.--Section 2104 of the Social Security Act (42 U.S.C. 
     1397dd) is amended by adding at the end the following new 
     subsection:
       ``(i) Redistribution of Unused Fiscal Year 2005 Allotments 
     to States With Estimated Funding Shortfalls for Fiscal Year 
     2008.--
       ``(1) In general.--Notwithstanding subsection (f) and 
     subject to paragraphs (3) and (4), with respect to months 
     beginning during fiscal year 2008, the Secretary shall 
     provide for a redistribution under such subsection from the 
     allotments for fiscal year 2005 under subsection (b) that are 
     not expended by the end of fiscal year 2007, to a fiscal year 
     2008 shortfall State described in paragraph (2), such amount 
     as the Secretary determines will eliminate the estimated 
     shortfall described in such paragraph for such State for the 
     month.
       ``(2) Fiscal year 2008 shortfall state described.--A fiscal 
     year 2008 shortfall State described in this paragraph is a 
     State with a State child health plan approved under this 
     title for which the Secretary estimates, on a monthly basis 
     using the most recent data available to the Secretary as of 
     such month, that the projected expenditures under such plan 
     for such State for fiscal year 2008 will exceed the sum of--
       ``(A) the amount of the State's allotments for each of 
     fiscal years 2006 and 2007 that was not expended by the end 
     of fiscal year 2007; and
       ``(B) the amount of the State's allotment for fiscal year 
     2008.
       ``(3) Funds redistributed in the order in which states 
     realize funding shortfalls.--The Secretary shall redistribute 
     the amounts available for redistribution under paragraph (1) 
     to fiscal year 2008 shortfall States described in paragraph 
     (2) in the order in which such States realize monthly funding 
     shortfalls under this title for fiscal year 2008. The 
     Secretary shall only make redistributions under this 
     subsection to the extent that there are unexpended fiscal 
     year 2005 allotments under subsection (b) available for such 
     redistributions.
       ``(4) Proration rule.--If the amounts available for 
     redistribution under paragraph (1) are less than the total 
     amounts of the estimated shortfalls determined for the month 
     under that paragraph, the amount computed under such 
     paragraph for each fiscal year 2008 shortfall State for the 
     month shall be reduced proportionally.
       ``(5) Retrospective adjustment.--The Secretary may adjust 
     the estimates and determinations made to carry out this 
     subsection as necessary on the basis of the amounts reported 
     by States not later than November 30, 2007, on CMS Form 64 or 
     CMS Form 21, as the case may be, and as approved by the 
     Secretary.
       ``(6) 1-year availability; no further redistribution.--
     Notwithstanding subsections (e) and (f), amounts 
     redistributed to a State pursuant to this subsection for 
     fiscal year 2008 shall only remain available for expenditure 
     by the State through September 30, 2008, and any amounts of 
     such redistributions that remain unexpended as of such date, 
     shall not be subject to redistribution under subsection 
     (f).''.
       (d) Extending Authority for Qualifying States To Use 
     Certain Funds for Medicaid Expenditures.--Section 
     2105(g)(1)(A) of such Act (42 U.S.C. 1397ee) is amended by 
     striking ``or 2007'' and inserting ``2007, or 2008''.
       (e) Applicability.--The amendments made by subsection (c) 
     and (d) shall be in effect through the date specified in 
     section 106(3) of this joint resolution or, if earlier, the 
     date of the enactment of an Act that provides funding for 
     fiscal year 2008 and for one or more subsequent fiscal years 
     for the Children's Health Insurance Program under title XXI 
     of the Social Security Act.
       Sec. 137. Notwithstanding any other provision of this joint 
     resolution, there is appropriated for payment to Susan 
     Thomas, widow of Craig Thomas, late a Senator from the State 
     of Wyoming, $165,200, and for payment to Karen L. Gillmor, 
     widow of Paul E. Gillmor, late a Representative from the 
     State of Ohio, $165,200.
       Sec. 138. The Secretary of Veterans Affairs shall carry out 
     subparagraph (B) of section 1710(f)(2) of title 38, United 
     States Code, and subparagraph (E) of section 1729(a)(2) of 
     such title by substituting the date specified in section 
     106(3) of this joint resolution for the date specified in 
     each such subparagraph.
       Sec. 139. Notwithstanding section 101, amounts are provided 
     for ``Department of Defense Base Closure Account 2005'' at a 
     rate for operations of $5,626,223,000.
       Sec. 140. Notwithstanding any other provision of this joint 
     resolution, except section 106, the Department of Veterans 
     Affairs may expend funds for programs and activities under 
     the heading ``Information Technology Systems'' for pay and 
     associated cost for operations and maintenance associated 
     staff.
       Sec. 141. Notwithstanding any other provision of this joint 
     resolution, except section 106, in addition to the amount 
     made available for fiscal year 2008 to carry out section 3674 
     of title 38, United States Code, there is appropriated to 
     carry out that section an additional amount equal to 
     $6,000,000 multiplied by the ratio of the number of days 
     covered by this joint resolution to 366.
       Sec. 142. Notwithstanding section 235(a)(2) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority 
     of subsections (a) through (c) of section 234 of such Act 
     shall remain in effect through the date specified in section 
     106(3) of this joint resolution.
       Sec. 143. Notwithstanding section 101, amounts are provided 
     for ``Department of State--Administration of Foreign 
     Affairs--Diplomatic and Consular Programs'' at a rate for 
     operations of $4,435,013,000, of which not less than 
     $778,449,000 shall be for worldwide security upgrades.
       Sec. 144. The provisions of title II of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall 
     continue in effect, notwithstanding section 209 of such Act, 
     through the earlier of (1) the date specified in section 
     106(3) of this joint resolution; or (2) the date of enactment 
     of an authorization Act relating to the McKinney-Vento 
     Homeless Assistance Act.
       Sec. 145. Funds made available under section 101 for the 
     National Transportation Safety Board shall include amounts 
     necessary to make lease payments due in fiscal year 2008 
     only, on an obligation incurred in 2001 under a capital 
     lease.
       Sec. 146. Notwithstanding the limitation in the first 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)), the Secretary of Housing and Urban 
     Development may, until the date specified in section 106(3) 
     of this joint resolution, insure and may enter into 
     commitments to insure mortgages under section 255 of the 
     National Housing Act (12 U.S.C. 1715z-20(g)).
       Sec. 147. Section 24(o) of the United States Housing Act of 
     1937 (42 U.S.C. 1437v(o)) shall be applied by substituting 
     the date specified in section 106(3) of this joint resolution 
     for ``September 30, 2007''.
       Sec. 148. (a) Section 48103(4) of title 49, United States 
     Code, shall be applied (1) by substituting the amount 
     specified in such section with an amount that equals 
     $3,675,000,000 multiplied by the ratio of the number of days 
     covered by this joint resolution to 366; and (2) by 
     substituting the fiscal year specified in such section with 
     the period beginning October 1, 2007, through the date 
     specified in section 106(3) of this joint resolution.
       (b) Section 47104(c) of title 49, United States Code, shall 
     be applied by substituting ``2008'' for ``2007''.
       (c) Nothing in this section shall affect the availability 
     of any balances of contract authority provided under section 
     48103 of title 49, United States Code, for fiscal year 2007 
     and any prior fiscal year.
       Sec. 149. (a) Sections 4081(d)(2)(B), 4261(j)(1)(A)(ii), 
     4271(d)(1)(A)(ii), 9502(d)(1), and 9502(f)(2) of the Internal 
     Revenue Code of 1986 shall each be applied by substituting 
     the date specified in section 106(3) of this joint resolution 
     for ``September 30, 2007'' or ``October 1, 2007'', as the 
     case may be.
       (b) Subparagraph (A) of section 9502(d)(1) of the Internal 
     Revenue Code of 1986 is amended by inserting ``or any joint 
     resolution making continuing appropriations for the fiscal 
     year 2008'' before the semicolon at the end.


[[Page H10916]]


  The SPEAKER pro tempore. Pursuant to House Resolution 677, the 
gentleman from Wisconsin (Mr. Obey) and the gentleman from California 
(Mr. Lewis) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on House Joint Resolution 52.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, this resolution keeps government functioning until 
Congress and the President can make final decisions on appropriation 
issues for fiscal year 2008. It is a clean CR. It funds all departments 
at last year's level. The only exception is a $5.2 billion 
appropriation for MRAPs, which are essential to protect our troops. It 
expires November 16. I ask Members to do the responsible thing and vote 
``aye.''
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, the chairman of the committee 
often talks about thoughts and wisdom of Archie the cockroach, but 
today I am reminded of the words of Yogi Berra, ``It's deja vu all over 
again.''
  It was 1 year ago that the House passed the first of several 
continuing resolutions to ensure the continuation of government-funded 
programs in the new fiscal year.
  My friend, David Obey, came to the floor as the ranking member during 
the debate to criticize Republicans in the House and the Senate for 
their failure to pass the annual spending bills by the end of the 
fiscal year. He spoke of the breakdown of the budget process and vowed 
that things would be different under a Democrat majority.
  We are now 4 days away from the end of the fiscal year, and once 
again the ranking member of the Appropriations Committee is on the 
floor decrying the breakdown of regular order. The only difference is 
that David Obey is now Chairman Obey and I am a mere struggling 
committee ranking member.
  At this time last year, we had sent President Bush two appropriations 
conference reports. This year, not one appropriations conference 
meeting has taken place between the two bodies, even though there are 
bills available.
  When we passed the first CR last year, my hope was it would provide 
strong motivation for Congress to complete its work in regular order. I 
was hopeful that our colleagues in the Senate would complete their work 
so we could send to the White House the remaining individual conference 
reports before the end of our legislative session.
  I come to the floor today with the same hopeful expectation that the 
Senate will soon complete its work. But, based on recent history, I'm 
not holding my breath.
  My appropriations colleague, Senator Cochran of Mississippi, could 
not have been a better partner as we attempted to bring regular order 
to the appropriations process. Unfortunately, Chairman Cochran was 
poorly served by his own leadership.
  The breakdown of regular order in the last Congress, indeed the 
failure to get our bills done, was placed squarely at the feet of the 
former Senate majority leader who failed to schedule floor time for the 
consideration of appropriations bills. One year later, the failure of 
the appropriations process can be laid squarely at the feet of the 
present Senate majority leader.
  The House has passed each of its spending bills; and, while I believe 
these bills spend too much, the House Appropriations Committee has kept 
its word by completing its work.
  During my tenure as chairman, the Appropriations Committee was 
strongly committed to bringing to the floor individual conference 
reports for each and every bill. I did not then support, and do not now 
support, an omnibus spending bill in any form. But that is exactly the 
direction in which the Democrat majority is now moving.
  I am convinced that moving bills individually is the only way for us 
to control government spending. Lacking regular order, there is a 
tendency for spending on the remaining bills to grow out of control. 
That challenge is particularly acute this year with the Democrat 
majority writing and passing spending bills that exceed the President's 
budget request by about $23 billion.
  We are today passing a CR that continues for the next 6 weeks Federal 
programs under the terms and conditions established in the 2007 fiscal 
year resolution.
  In 6 weeks, I am afraid we will be here once again to pass yet 
another continuing resolution, and that will lead us well into the 
free-spending holiday season.
  My colleagues, we are moving ever closer to a massive year-end 
omnibus spending bill. That course of action would be an admission of 
failure on the part of this Congress.
  At this moment, there is still time for Democrats and Republicans to 
find common ground on spending. There is still time for the House and 
the Senate to complete its work in regular order. There is still time 
to pass and send to the White House individual conference reports. But 
we must act now.
  I would like to close by quoting my friend, Mr. Obey, from a past 
continuing resolution debate: ``This continuing resolution is a 
monument to institutional failure. This Congress is failing to meet 
even the most basic and minimal expectations that the country has for 
it by way of doing our routine business. This is governing in a pitiful 
way,'' Mr. Obey said, ``and I wish that I could say something more 
positive about it, but, indeed, I cannot.''
  Mr. Speaker, and I would say, ``Madam Speaker,'' if I could find the 
gentlelady on the floor, ``Madam Speaker, this is deja vu all over 
again.''
  I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me recite a slightly different version of recent 
history with respect to appropriation bills.
  After 12 years of rule by the Republican Party, the American people 
gave the Democratic Party the privilege of moving into the majority in 
the last election. We were sworn in on January 4. At that point, not a 
single domestic appropriation bill had been passed by the previous 
Congress.
  So before we could move to our own business for this year, we had to 
first clean up the unfinished business left by the previous Republican-
controlled Congress. That took us 6 weeks. And in 6 weeks we passed the 
entire domestic budget; and, at the time we did that, we eliminated all 
earmarks.
  Then we also set about to implement the earmark reform process which 
was spoken for by both political parties in this House. That took us an 
extra 3 weeks. During that time, we ramped up the number of hearings 
and the intensity of congressional oversight; and by the end of the 
hearing process we had doubled the number of hearings held by the 
previous Congress and restored a much more tenacious set of oversight 
habits.
  We also were forced to confront the President on Iraq because of the 
unraveling situation in that misbegotten war. And we also, as we tried 
to pass our appropriation bills, had to endure filibuster by amendment 
on the part of the minority. They took more than 60 hours above the 
amount taken by the minority in the previous year on appropriation 
bills.
  Republicans offered 339 amendments to the appropriation bills that we 
passed in the House, compared to 172 amendments that were offered by 
Democrats when we were in the minority. Despite all of that, we still 
managed to pass every single appropriation bill before the August 
recess. That is only the second time during the Bush administration 
that this House has passed all of its appropriation bills before the 
August recess.
  Then those bills went to the Senate; and, as the gentleman indicated, 
they ran into considerable trouble. The Senate has passed four bills. I 
have asked them to proceed to pass as many additional bills as they 
can, and I hope that they do. And, incidentally, when they do bring up 
bills, I was told yesterday that you have between two and three hundred 
amendments filed to several of the bills, so you face a filibuster by 
amendment on the part of the minority in the Senate. As you know, under 
Senate rules, debate cannot be shut down unless you have 60 votes, 
rather than 50.

[[Page H10917]]

  So that's the record as I see it. The gentleman from California has 
recited the record as he sees it. But I would suggest that what is 
important is what we do now. Where do we go from here?
  Even as the Senate makes an effort to complete action on its bills, I 
would hope that we could shorten the process by sitting down now with 
the administration to work out compromises on those bills so that we 
don't have to spend the next 6 weeks continuing to define our 
differences.

                              {time}  1145

  I'm an old-fashioned legislator, and I believe that the way the 
parties ought to proceed is that we first ought to define our 
differences and then we ought to resolve them. We've already defined 
our differences with the passage of the 12 bills in the House. I doubt 
that the Senate bills are going to get any better from our standpoint, 
and so it seems to me that time's awasting. It seems to me that we 
would best serve the needs of the country if the administration would 
be willing to sit down with us now and begin discussions about how we 
might reach compromises on these bills so that we can move forward.
  Now, let me make one additional point. The President is asking us to 
spend about $200 billion, every dollar of that borrowed, in order to 
finance the supplemental for the war in Iraq, and yet he is objecting 
to the fact that in the House-passed bills we tried to take about 1/
10th that amount and use it for crucial investments in our country's 
future.
  The job of this Congress, the job certainly of this committee, is to 
make investments that will benefit the country over the long haul, make 
us a stronger country, and make us a stronger society over the next 10 
years. We don't believe on this side of the aisle, and I think in fact 
we had significant bipartisan agreement if you take a look at the 
votes, we don't believe that you accomplish that strengthening of the 
country by cutting vocational education by 50 percent, as the President 
does in his budget; by eliminating all student aid programs except work 
study and Pell Grant, as the President does in his budget; by gutting 
education technology grants, as the President does in his budget; by 
actually reducing the number of medical research grants at NIH, as the 
President does in his budget. I've never had anybody come up to me in 
my life and say, ``Obey, why don't you guys in Congress get your act 
together and cut cancer research.'' And yet, that's what the Congress 
has done the last 2 years. We don't think that ought to happen. So 
that's why we depart from the President on that score.
  We also don't think we strengthen the country when we cut special 
education by $300 million, and there are a good many Republicans who 
agree with that. In fact, Mr. Walsh, the ranking Republican on the 
Labor, Health, Education and Social Services Subcommittee, Mr. Walsh, 
led the effort to increase the funds that our committee provided for 
special education, and I commend him for it.
  We also don't think it's good to cut mental health and drug abuse 
funding by $160 million. We don't think that we strengthen the society 
or this country when we cut minority health professions training by 66 
percent. We don't think that we improve health care for children by 
cutting the training of medical personnel in children's hospitals by 63 
percent, and we don't think we strengthen rural America by cutting 
rural health programs by 54 percent.
  We don't think we help make our communities better and cleaner by 
cutting the clean water revolving fund by 37 percent, as the President 
does. We don't believe that we meet the needs of our logging industry 
and the recreational needs of the American people when we cut the 
forest service budget by 15 percent, as the President's budget does. 
And we don't believe that we ought to cut housing for disabled 
Americans by 47 percent or senior housing by 20 percent. In an age of 
high gas prices and high energy prices, we don't believe that we ought 
to cut the low-income heating assistance program by 18 percent.
  And let me say that Democrats are not the only ones who believe that. 
If you take a look and analyze the votes on the various appropriations 
bills that went through the House, you will see that on average we had 
65 Republicans who voted with us in support of the appropriations bills 
that we sent over to the Senate. In fact, if you average out each of 
the rollcalls for each of the bills that passed, you will see that 
exactly two-thirds of this body voted for those bills.
  So I think we have established a bipartisan foundation in the House 
for moving forward, and I hope this continuing resolution gives us the 
necessary time to do that.
  I would hope that the Senate can move forward and complete its work 
on a bill-by-bill basis, but frankly, it is immaterial to me whether 
the bills are produced one by one or if they are produced in bunches. 
What counts is not the form. What counts is the substance. What counts 
is whether we make the right investments to make this country stronger 
over the long haul. That's our obligation, no matter how we package it.
  So I would once again simply urge the administration to sit down with 
us and begin to talk about how, as adults, we can reach a compromise on 
these issues.
  The President would have the country believe that we are blowing the 
lid outrageously on budgets and pouring money into the domestic budget. 
I would suggest that restoring $16 billion in Presidential cuts is 
mighty small potatoes in comparison to the $200 billion that he wants 
us to spend in Iraq and the $50 billion that he still wants us to 
provide for tax cuts for people making a million bucks a year.
  Let me remind the House, Mr. Speaker, that in 1980 the appropriations 
for domestic budgets equaled 4.8 percent of our total national income. 
Today, they have been reduced to 2.9 percent of our total national 
income, and the President's budget would take us, by the year 2012, 
down to 2.4 percent of the Nation's income. That means that we would 
have cut in half our investments relative to our national wealth. We 
would have cut in half those domestic investments since 1980. I don't 
believe, and I think there are many in both parties who don't believe, 
that that is the way that we build a stronger future for this country.
  So I would simply point out what we have here is an effort on our 
part to add about 2 percent to what the President is doing in the area 
of education, health care, science, law enforcement and all of that, 
and I'd simply suggest that, instead of continuing to talk about it, we 
sit down and have some more productive actions; we sit down and try to 
work out these differences between us so that we can leave town at a 
reasonable time, having completed our action on these bills and having 
met our responsibilities to make the investments that will, over the 
long haul, make this a stronger country.
  With that, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I just wanted to know if Mr. 
Obey wanted to continue speaking or I can yield back my time. I'm ready 
to yield back the balance of my time. I just wondered if you were ready 
to yield more time.
  Mr. OBEY. I'm ready to yield back.
  Mr. BLUMENAUER. Mr. Speaker, As a result of Republican obstructionism 
and the President's threats to veto our Democratic Congress' new 
investments in health, the environment and infrastructure, Congress is 
being forced to pass a resolution to keep the government operating 
beyond next week's end of the fiscal year. Unfortunately, this bill 
included money to continue funding the war in Iraq. I have pledged: 
``not another dime for the war,'' and voted ``no.'' I will continue to 
vote against any appropriations bill that continues military operations 
in Iraq.
  At the same time, the motion to condemn Moveon.org was both 
irrelevant and hypocritical. It was irrelevant in that it had nothing 
to do with the underlying bill and hypocritical because the Republicans 
have tolerated, and in some cases encouraged, some of the most savage 
Swift-boating of candidates and individuals without ever raising a 
voice in protest.
  People have deep concerns about this administration and they have the 
right to question the testimony General Petraeus gave before Congress. 
The twisted factual basis for some of his statements, which charitably 
can only be deemed convoluted, has been made clear in numerous 
independent press accounts. I voted ``no,'' choosing not to be a part 
of the irrelevance and hypocrisy.
  Mr OBERSTAR. Mr. Speaker, I rise in support of H.J. Res. 52, making 
continuing appropriations for fiscal year 2008, and for other

[[Page H10918]]

purposes. H.J. Res. 52 provides continuing appropriations for Federal 
programs, including the aviation investment programs.
  H.J. Res. 52 includes a provision extending the Federal Aviation 
Administration's Airport Improvement Program, AIP. Specifically, 
section 148 of H.J. Res. 52 provided mandatory AIP contract authority 
only for the term covered by the Continuing Resolution at a level that, 
when annualized, equals the amount of mandatory AIP contract authority 
included in the fiscal year 2008 budget baseline.
  The Congressional Budget Office, the House Budget Committee, the 
House and Senate Appropriations Committees, the Senate Commerce 
Committee, and the Office of Management and Budget all concur that 
section 148 provides mandatory contract authority. Moreover, section 
148 is a change to a mandatory program and therefore, the amount of 
contract authority provided by the Continuing Resolution will 
ultimately be rebased in the baseline and put on the mandatory side of 
the budget. The baseline for the AIP program will remain mandatory.
  Based on my shared understanding that section 148 will not in any way 
change the nature of the AIP program, I urge my colleagues to join me 
in supporting H.J. Res. 52.
  Mr. LEWIS of California. Mr. Speaker, I yield back the balance of my 
time.
  Mr. OBEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 677, the joint resolution is considered 
read, and the previous question is ordered.
  The question is on the engrossment and third reading of the joint 
resolution.
  The joint resolution was ordered to be engrossed and read a third 
time, and was read the third time.


         Motion to Recommit Offered by Mr. Lewis of California

  Mr. LEWIS of California. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the resolution?
  Mr. LEWIS of California. Mr. Speaker, I am certainly in its present 
form.
  Mr. OBEY. Mr. Speaker, I reserve a point of order.
  The SPEAKER pro tempore. A point of order is reserved.
  The Clerk will report the motion to recommit.
  The Clerk read as follows:

       Mr. Lewis moves to recommit House Joint Resolution 52 to 
     the Committee on Appropriations with instructions to report 
     the same back to the House forthwith with the following 
     amendment:
       At the end of the joint resolution, insert the following 
     section:
       Sec. 150. (a) Congress makes the following findings:
       (1) General David H. Petraeus was confirmed by a unanimous 
     vote of 8l-0 in the Senate on January 26, 2007, to be the 
     Commander of the Multi-National Forces--Iraq;
       (2) General David H. Petraeus assumed command of the Multi-
     National Forces--Iraq on February 10, 2007;
       (3) General David H. Petraeus previously served in 
     Operation Iraqi Freedom as the Commander of the Multi-
     National Security Transition Command--Iraq, as the Commander 
     of the NATO Training Mission--Iraq, and as Commander of the 
     101st Airborne Division (Air--Assault) during the first year 
     of combat operations in Iraq;
       (4) General David H. Petraeus has received numerous awards 
     and distinctions during his career, including the Defense 
     Distinguished Service Medal, two awards of the Distinguished 
     Service Medal, two awards of the Defense Superior Service 
     Medal, four awards of the Legion of Merit, the Bronze Star 
     Medal for valor, the State Department Superior Honor Award, 
     the NATO Meritorious Service Medal, and the Gold Award of the 
     Iraqi Order of the Date Palm; and
       (5) The leadership of the majority party in both the House 
     of Representatives and the Senate implored the American 
     people and Members of Congress early in January 2007 to 
     listen to the generals on the ground.
       (b) It is the Sense of the Congress that the House of 
     Representatives--
       (1) recognizes the service of General David H. Petraeus, as 
     well as all other members of the Armed Forces serving in good 
     standing, in the defense of the United States and the 
     personal sacrifices made by General Petraeus and his family, 
     and other members of the Armed Forces and their families, to 
     serve with distinction and honor;
       (2) commits to judge the merits of the sworn testimony of 
     General David H. Petraeus without prejudice or personal bias, 
     including refraining from unwarranted personal attacks;
       (3) condemns in the strongest possible terms the personal 
     attacks made by the advocacy group MoveOn.org impugning the 
     integrity and professionalism of General David H.Petraeus;
       (4) honors all members of the Armed Forces and civilian 
     personnel serving in harm's way, as well as their families; 
     and
       (5) pledges to debate any supplemental funding request or 
     any policy decisions regarding the war in Iraq with the 
     solemn respect and the commitment to intellectual integrity 
     that the sacrifices of these members of the Armed Forces and 
     civilian personnel deserve.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Lewis) is recognized for 5 minutes in support of his 
motion.
  Mr. LEWIS of California. Mr. Speaker, this simple motion is to 
recommend or recommit. It is a sense of the Congress resolution that 
recognizes the service of General David Petraeus as well as all other 
members of our Armed Forces. It expresses our appreciation for his 
personal sacrifices and those of his family as well as the sacrifices 
of those who served in the Armed Forces and their families.

                              {time}  1200

  Further, this sense of the Congress resolution condemns, in the 
strongest possible terms, the unfair personal attacks made by the 
advocacy group, MoveOn.org, on the character, integrity and 
professionalism of General David Patraeus. Such unwarranted attacks 
should be strongly condemned by Republicans and Democrats alike in the 
House.
  I strongly urge a ``yea'' vote on the motion to recommit.
  Mr. Speaker, I yield back the balance of my time.
  Mr. OBEY. Mr. Speaker, I ask unanimous consent to claim the time in 
opposition.
  The SPEAKER pro tempore. Does the gentleman withdraw his reservation?
  Mr. OBEY. Yes, I do.
  The SPEAKER pro tempore. Without objection, the gentleman from 
Wisconsin is recognized for 5 minutes.
  There was no objection.
  Mr. OBEY. Mr. Speaker, I want to urge support for this motion. As 
those in this House who know me well understand, I come from the State 
of Joe McCarthy. And one of the reasons that I changed political 
parties, because I grew up in a Republican family, is because I saw 
what the local McCarthy supporters did to the best teacher I ever had 
when they impugned his patriotism by calling him a Bolshevik back 
during the McCarthy heyday. And to this day there is nothing that gets 
my dander up more than to have someone's patriotism questioned on this 
House floor or anywhere else in the political realm. And if I'm going 
to get upset when that kind of juvenile activity occurs on the part of 
the political right, then I've got an obligation to be equally upset 
when that kind of juvenile debate emanates from the left.
  It seems to me that we all ought to recognize that we can have honest 
and profound differences with the policy that the general was selling 2 
weeks ago without getting personal about it. I think what we ought to 
do is accept this motion, vote for it, send the continuing resolution 
to the Senate and get on with the business of negotiating out the 
content of these appropriation bills so that we can do our duty to the 
country.
  I yield back the balance of my time and ask for an ``aye'' vote.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. LEWIS of California. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes 
the minimum time for any electronic vote on the question of passage.
  The vote was taken by electronic device, and there were--yeas 341, 
nays 79, not voting 12, as follows:

                             [Roll No. 910]

                               YEAS--341

     Aderholt
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Baird
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Berkley
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner

[[Page H10919]]


     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Chabot
     Chandler
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Cuellar
     Culberson
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Granger
     Graves
     Green, Gene
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herseth Sandlin
     Higgins
     Hill
     Hobson
     Hodes
     Hoekstra
     Holden
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Israel
     Issa
     Jackson (IL)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Napolitano
     Neugebauer
     Nunes
     Oberstar
     Obey
     Ortiz
     Pascrell
     Pastor
     Paul
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Wu
     Young (AK)
     Young (FL)

                                NAYS--79

     Abercrombie
     Ackerman
     Allen
     Baldwin
     Becerra
     Berman
     Blumenauer
     Brown, Corrine
     Capps
     Capuano
     Castor
     Clarke
     Clay
     Cohen
     Conyers
     Crowley
     Davis (IL)
     DeGette
     Ellison
     Filner
     Frank (MA)
     Green, Al
     Grijalva
     Gutierrez
     Hastings (FL)
     Hinchey
     Hirono
     Holt
     Honda
     Inslee
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Jones (OH)
     Kilpatrick
     Kucinich
     Lee
     Lewis (GA)
     Lofgren, Zoe
     Markey
     Matsui
     McDermott
     McGovern
     Meek (FL)
     Michaud
     Miller (NC)
     Miller, George
     Moore (WI)
     Moran (VA)
     Nadler
     Neal (MA)
     Olver
     Pallone
     Payne
     Price (NC)
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Schakowsky
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Solis
     Stark
     Tierney
     Towns
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wynn
     Yarmuth

                             NOT VOTING--12

     Bachus
     Carson
     Cubin
     Cummings
     Davis, Jo Ann
     Gordon
     Herger
     Hinojosa
     Jindal
     Johnson, E. B.
     Souder
     Sutton

                              {time}  1232

  Mr. BECERRA, Mr. CROWLEY, Ms. SOLIS, Mr. STARK, Ms. BALDWIN, Mr. 
McDERMOTT, Ms. DeGETTE, Messrs. TIERNEY, SCOTT of Virginia, MILLER of 
North Carolina, ALLEN, RUSH, Ms. CORRINE BROWN of Florida, Messrs. AL 
GREEN of Texas, VAN HOLLEN, BERMAN, INSLEE, NEAL of Massachusetts and 
SHERMAN changed their vote from ``yea to ``nay.''
  Mr. LINDER, Mrs. TAUSCHER, Mr. PORTER, Mr. BRALEY of Iowa, Mr. 
THOMPSON of California, Ms. McCOLLUM of Minnesota and Messrs. PETERSON 
of Minnesota, OBERSTAR, BACA, DOGGETT, BUTTERFIELD and LARSON of 
Connecticut changed their vote from ``nay'' to ``yea.''
  Mr. COHEN changed his vote from ``present'' to ``nay.''
  So the motion to recommit was agreed to.
  The result of the vote was announced as above recorded.
  Mr. OBEY. Mr. Speaker, pursuant to the instructions of the House on 
the motion to recommit, I report H.J. Res. 52 back to the House with an 
amendment.
  The SPEAKER pro tempore. The Clerk will report the amendment.
  The Clerk read as follows:

       Amendment:
       At the end of the joint resolution, insert the following 
     new section:
       Sec. 150 (a) Congress makes the following findings:
       (1) General David H. Petraeus was confirmed by a unanimous 
     vote of 81-0 in the Senate on January 26, 2007, to be the 
     Commander of the Multi-National Forces-Iraq;
       (2) General David H. Petraeus assumed command of the Multi-
     National Forces-Iraq on February 10, 2007;
       (3) General David H. Petraeus previously served in 
     Operation Iraqi Freedom as the Commander of the Multi-
     National Security Transition Command-Iraq, as the Commander 
     of the NATO Training Mission-Iraq, and as Commander of the 
     101st Airborne Division (Air Assault) during the first year 
     of combat operations in Iraq;
       (4) General David H. Petraeus has received numerous awards 
     and distinctions during his career, including the Defense 
     Distinguished Service Medal, two awards of the Distinguished 
     Service Medal, two awards of the Defense Superior Service 
     Medal, four awards of the Legion of Merit, the Bronze Star 
     Medal for valor, the State Department Superior Honor Award, 
     the NATO Meritorious Service Medal, and the Gold Award of the 
     Iraqi Order of the Date Palm; and
       (5) The leadership of the majority party in both the House 
     of Representatives and the Senate implored the American 
     people and Members of Congress early in January 2007 to 
     listen to the generals on the ground.
       (b) It is the Sense of the Congress that the House of 
     Representatives--
       (1) recognizes the service of General David H. Petraeus, as 
     well as all other members of the Armed Forces serving in good 
     standing, in the defense of the United States and the 
     personal sacrifices made by General Petraeus and his family, 
     and other members of the Armed Forces and their families, to 
     serve with distinction and honor;
       (2) commits to judge the merits of the sworn testimony of 
     General David H. Petraeus without prejudice or personal bias, 
     including refraining from unwarranted personal attacks;
       (3) condemns in the strongest possible terms the personal 
     attacks made by the advocacy group MoveOn.org impugning the 
     integrity and professionalism of General David H. Petraeus;
       (4) honors all members of the Armed Forces and civilian 
     personnel serving in harm's way, as well as their families; 
     and
       (5) pledges to debate any supplemental funding request or 
     any policy decisions regarding the war in Iraq with the 
     solemn respect and the commitment to intellectual integrity 
     that the sacrifices of these members of the Armed Forces and 
     civilian personnel deserve.
  The SPEAKER pro tempore. The question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the joint resolution.
  The joint resolution was ordered to be engrossed and read a third 
time, and was read the third time.
  The SPEAKER pro tempore. The question is on the passage of the joint 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. LEWIS of California. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 404, 
noes 14, not voting 14, as follows:

                             [Roll No. 911]

                               AYES--404

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri

[[Page H10920]]


     Baca
     Bachmann
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herseth Sandlin
     Higgins
     Hill
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
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     McHugh
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     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Ortiz
     Pallone
     Pascrell
     Pastor
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--14

     Blumenauer
     Clay
     Ellison
     Filner
     Frank (MA)
     Hinchey
     Kucinich
     Lee
     McDermott
     Paul
     Payne
     Waters
     Watson
     Woolsey

                             NOT VOTING--14

     Bachus
     Carson
     Cubin
     Davis, Jo Ann
     Gordon
     Herger
     Hinojosa
     Jindal
     Johnson, E. B.
     LaTourette
     Olver
     Royce
     Souder
     Sutton


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised that 
there are 2 minutes remaining in this vote.

                              {time}  1244

  So the joint resolution was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. LaTOURETTE on rollcall No. 911, I was unavoidably detained. Had I 
been present, I would have voted ``aye.''

                          ____________________