Congressional Record, Volume 154 Issue 43 (Thursday, March 13, 2008)

[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. --

[[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.

____________________