[Congressional Record Volume 154, Number 43 (Thursday, March 13, 2008)]
[House]
[Pages H1624-H1626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE OF REPRESENTATIVES

  Mr. PRICE of Georgia. Madam Speaker, pursuant to clause 2(a)1 of rule 
IX, I hereby notify the House of my intention to offer a resolution as 
a question of the privileges of the House.
  The form of my resolution is as follows:

                               H. Res. --

       Whereas on December 11, 2007, a bipartisan group of 21 
     State attorneys general wrote to Senate Majority Leader Reid 
     and Senate Minority Leader McConnell regarding the FISA 
     Amendments Act of 2007 (S. 2248);
       Whereas this bipartisan group of State attorneys general 
     represents the States of Alabama, Arkansas, Colorado, 
     Florida, Georgia, Kansas, Nebraska, New Hampshire, North 
     Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, 
     South Carolina, South Dakota, Texas, Utah, Virginia, West 
     Virginia, Washington, and Wisconsin;
       Whereas the State attorneys general stated that protecting 
     communications carriers from ``unprecedented legal exposure 
     is essential to domestic and national security. State, local 
     and federal law enforcement and intelligence agencies rely 
     heavily on timely and responsive assistance from 
     communications providers and other private parties; indeed, 
     this assistance is utterly essential to the agencies' 
     functions. If carriers and other parties run the risk of 
     facing massive litigation every time they assist the 
     government or law enforcement, they will lack incentives to 
     cooperate, with potentially devastating consequences for 
     public safety'';
       Whereas on February 5, 2008, the Director of the Federal 
     Bureau of Investigation testified before the Senate Select 
     Committee on

[[Page H1625]]

     Intelligence that ``in protecting the homeland . . . it's 
     absolutely essential we have the support, willing support of 
     the communications carriers'';
       Whereas in the same hearing, Director Mueller further 
     stated ``[m]y concern is that if we do not have this 
     immunity, we will not have that willing support of the 
     communications carriers'';
       Whereas on March 4, 2008, a bipartisan group of 25 State 
     attorneys general wrote to the Speaker of the FISA Amendments 
     Act of 2007;
       Whereas this bipartisan group of State attorneys general 
     represents the States of Alabama, Alaska, Arkansas, Colorado, 
     Florida, Georgia, Idaho, Indiana, Kansas, Maryland, Michigan, 
     Nebraska, New Hampshire, North Carolina, North Dakota, 
     Oklahoma, Pennsylvania, Rhode Island, South Carolina, South 
     Dakota, Texas, Utah, Virginia, Washington, and West Virginia;
       Whereas the State attorneys general stated they ``are our 
     states' chief law enforcement officials and therefore 
     responsible for taking whatever action is necessary to keep 
     our citizens safe'';
       Whereas the State attorneys general also stated ``[a] 
     bipartisan majority of the United States Senate recently 
     approved S. 2248. But until it is also passed by the House of 
     Representatives, intelligence officials must obtain FISA 
     warrants every time they attempt to monitor suspected 
     terrorists in overseas countries. Passing S. 2248 would 
     ensure our intelligence experts are once again able to 
     conduct real-time surveillance. As you know, prompt access to 
     intelligence data is critical to the ongoing safety and 
     security of our nation.'';
       Whereas on February 12, 2008, after passage of S. 2248, the 
     Senate amended the bill H.R. 3773 with the text of S. 2248 
     and sent the amended bill back to the House for its 
     consideration;
       Whereas the State attorneys general concluded that with 
     ``S. 2248 still pending in the House of Representatives, our 
     national security is in jeopardy.'';
       Whereas all Members of the House of Representatives have a 
     responsibility to provide the intelligence community and 
     Federal law enforcement with all the necessary and 
     appropriate tools to keep Americans and the homeland safe;
       Whereas all Members of the House of Representatives have a 
     responsibility to ensure they are not impeding the efforts of 
     State and local law enforcement to use all the necessary and 
     appropriate tools to keep Americans and the homeland safe;
       Whereas according to the calendar distributed to Members by 
     the House majority, the House of Representatives is scheduled 
     to be in recess during the two-week period beginning on March 
     17, 2008; and
       Whereas it would bring discredit to the House of 
     Representatives to adjourn for two weeks without considering 
     the amendments to H.R. 3773 now pending before the House: 
     Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) should immediately consider a motion to concur in the 
     Senate amendment to the bill, H.R. 3773; and
       (2) should not adjourn for the Easter District Work Period 
     prior to consideration of a motion to concur in the Senate 
     amendment to the bill, H.R. 3773.

  Mr. PRICE of Georgia. Madam Speaker, I rise to a question of the 
privileges of the House and offer the resolution just noticed.
  The SPEAKER pro tempore (Mrs. Tauscher). The Clerk will report the 
resolution.
  The Clerk read as follows:

                               H. Res. --

       Whereas on December 11, 2007, a bipartisan group of 21 
     State attorneys general wrote to Senate Majority Leader Reid 
     and Senate Minority Leader McConnell regarding the FISA 
     Amendments Act of 2007 (S. 2248);
       Whereas this bipartisan group of State attorneys general 
     represents the States of Alabama, Arkansas, Colorado, 
     Florida, Georgia, Kansas, Nebraska, New Hampshire, North 
     Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, 
     South Carolina, South Dakota, Texas, Utah, Virginia, West 
     Virginia, Washington, and Wisconsin;
       Whereas the State attorneys general stated that protecting 
     communications carriers from ``unprecedented legal exposure 
     is essential to domestic and national security. State, local 
     and federal law enforcement and intelligence agencies rely 
     heavily on timely and responsive assistance from 
     communications providers and other private parties; indeed, 
     this assistance is utterly essential to the agencies' 
     functions. If carriers and other parties run the risk of 
     facing massive litigation every time they assist the 
     government or law enforcement, they will lack incentives to 
     cooperate, with potentially devastating consequences for 
     public safety'';
       Whereas on February 5, 2008, the Director of the Federal 
     Bureau of Investigation testified before the Senate Select 
     Committee on Intelligence that ``in protecting the homeland . 
     . . it's absolutely essential we have the support, willing 
     support of the communications carriers'';
       Whereas in the same hearing, Director Mueller further 
     stated ``[m]y concern is that if we do not have this 
     immunity, we will not have that willing support of the 
     communications carriers'';
       Whereas on March 4, 2008, a bipartisan group of 25 State 
     attorneys general wrote to the Speaker of the FISA Amendments 
     Act of 2007;
       Whereas this bipartisan group of State attorneys general 
     represents the States of Alabama, Alaska, Arkansas, Colorado, 
     Florida, Georgia, Idaho, Indiana, Kansas, Maryland, Michigan, 
     Nebraska, New Hampshire, North Carolina, North Dakota, 
     Oklahoma, Pennsylvania, Rhode Island, South Carolina, South 
     Dakota, Texas, Utah, Virginia, Washington, and West Virginia;
       Whereas the State attorneys general stated they ``are our 
     states' chief law enforcement officials and therefore 
     responsible for taking whatever action is necessary to keep 
     our citizens safe'';
       Whereas the State attorneys general also stated ``[a] 
     bipartisan majority of the United States Senate recently 
     approved S. 2248. But until it is also passed by the House of 
     Representatives, intelligence officials must obtain FISA 
     warrants every time they attempt to monitor suspected 
     terrorists in overseas countries. Passing S. 2248 would 
     ensure our intelligence experts are once again able to 
     conduct real-time surveillance. As you know, prompt access to 
     intelligence data is critical to the ongoing safety and 
     security of our nation.'';
       Whereas on February 12, 2008, after passage of S. 2248, the 
     Senate amended the bill H.R. 3773 with the text of S. 2248 
     and sent the amended bill back to the House for its 
     consideration;
       Whereas the State attorneys general concluded that with 
     ``S. 2248 still pending in the House of Representatives, our 
     national security is in jeopardy.'';
       Whereas all Members of the House of Representatives have a 
     responsibility to provide the intelligence community and 
     Federal law enforcement with all the necessary and 
     appropriate tools to keep Americans and the homeland safe;
       Whereas all Members of the House of Representatives have a 
     responsibility to ensure they are not impeding the efforts of 
     State and local law enforcement to use all the necessary and 
     appropriate tools to keep Americans and the homeland safe;
       Whereas according to the calendar distributed to Members by 
     the House majority, the House of Representatives is scheduled 
     to be in recess during the two-week period beginning on March 
     17, 2008; and
       Whereas it would bring discredit to the House of 
     Representatives to adjourn for two weeks without considering 
     the amendments to H.R. 3773 now pending before the House: 
     Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) should immediately consider a motion to concur in the 
     Senate amendment to the bill, H.R. 3773; and
       (2) should not adjourn for the Easter District Work Period 
     prior to consideration of a motion to concur in the Senate 
     amendment to the bill, H.R. 3773.

  The SPEAKER pro tempore. Does the gentleman from Georgia wish to be 
heard on whether the resolution constitutes a question of the 
privileges of the House?
  Mr. PRICE of Georgia. I do, Madam Speaker.
  The SPEAKER pro tempore. The gentleman is recognized.
  Mr. PRICE of Georgia. Madam Speaker, we are now 27 days, 27 days into 
a unilateral disarmament. We are not doing our job in the House of 
Representatives. We are not fulfilling our oath, and we are not 
protecting the American people. This brings discredit on the House of 
Representatives.

                              {time}  1115

  The underlying bill simply allows the American intelligence community 
to make certain that they are able to listen or surveil on terrorists 
in a foreign land speaking to another terrorist or suspected terrorist 
in a foreign land.
  My constituents don't understand why the House isn't acting on this. 
They believe the House is bringing discredit on the Nation. Americans 
don't understand.
  The Senate has acted responsibly. It is imperative that the majority 
of the House be given an opportunity to vote on this issue. The 
majority of the House has said that they would pass this bill. Not 
bringing this bill to the floor for a vote brings discredit and 
abrogates our responsibility as Representatives of the United States of 
America.
  I urge the Speaker and I urge my colleagues to allow this to come to 
the floor for a vote.
  The SPEAKER pro tempore. As the Chair ruled on March 11, 2008, under 
the precedents recorded in section 702 of the House Rules and Manual, 
the resolution addresses a legislative sentiment and not a question of 
the privileges of the House.
  Mr. PRICE of Georgia. Madam Speaker, I appeal the ruling of the 
Chair.
  The SPEAKER pro tempore. The question is, Shall the decision of the

[[Page H1626]]

Chair stand as the judgment of the House?


            Motion to Table Offered by Mr. Scott of Virginia

  Mr. SCOTT of Virginia. Madam Speaker, I move that the appeal be laid 
on the table.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. PRICE of Georgia. Madam 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 8 of rule XX, this 15-minute vote on the motion to 
table will be followed by a 5-minute vote on approval of the Journal.
  The vote was taken by electronic device, and there were--yeas 222, 
nays 192, not voting 15, as follows:

                             [Roll No. 135]

                               YEAS--222

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     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
     Carney
     Castor
     Chandler
     Clarke
     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
     Foster
     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
     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
     Langevin
     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
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     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
     Tsongas
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Wu
     Wynn
     Yarmuth

                               NAYS--192

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carnahan
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Inglis (SC)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     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)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                             NOT VOTING--15

     Boustany
     Cubin
     Hooley
     Hunter
     Issa
     LaHood
     Oberstar
     Rangel
     Renzi
     Ruppersberger
     Rush
     Tancredo
     Udall (CO)
     Woolsey
     Young (AK)

                              {time}  1141

  Messrs. COSTELLO and ALTMIRE changed their vote from ``nay'' to 
``yea.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________