[Congressional Record Volume 154, Number 83 (Tuesday, May 20, 2008)]
[House]
[Pages H4199-H4202]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY AUTHORIZATION AND LEASE 
                              ACT OF 2008

  Mr. FILNER. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5856) to increase, effective as of December 1, 2008, the 
rates of disability compensation for veterans with service-connected 
disabilities and the rates of dependency and indemnity compensation for 
survivors of certain service-connected disabled veterans, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5856

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Veterans 
     Affairs Medical Facility Authorization and Lease Act of 
     2008''.

     SEC. 2. AUTHORIZATION FOR FISCAL YEAR 2009 MAJOR MEDICAL 
                   FACILITY PROJECTS.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility projects in fiscal year 2009 
     in the amount specified for each project:
       (1) Seismic corrections, Building 2, at the Department of 
     Veterans Affairs Palo Alto Health Care System, Palo Alto 
     Division Palo Alto, California, in an amount not to exceed 
     $54,000,000.
       (2) Construction of a polytrauma healthcare and 
     rehabilitation center at the Department of Veterans Affairs 
     Medical Center, San Antonio, Texas, in an amount not to 
     exceed $66,000,000.
       (3) Seismic corrections, Building 1, at the Department of 
     Veterans Affairs Medical Center, San Juan, Puerto Rico, in an 
     amount not to exceed $225,900,000.

     SEC. 3. MODIFICATION OF AUTHORIZATION AMOUNTS FOR CERTAIN 
                   MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS 
                   PREVIOUSLY AUTHORIZED.

       (a) Modification of Major Medical Facility 
     Authorizations.--Section 801(a) of the Veterans Benefits, 
     Health Care, and Information Technology Act of 2006 (Public 
     Law 109-461) is amended--
       (1) in paragraph (1)--
       (A) by striking ``$300,000,000'' and inserting 
     ``$625,000,000''; and
       (B) by striking the second sentence; and
       (2) in paragraph (3), by striking ``$98,000,000'' and 
     inserting ``$769,200,000''.
       (b) Modification of Authorization for Certain Major Medical 
     Facility Construction Projects Previously Authorized in 
     Connection With Capital Asset Realignment Initiative.--
       (1) Correction of patient privacy deficiencies at the 
     department of veterans affairs medical center, gainesville, 
     florida.--Paragraph (5) of section 802 of the Veterans 
     Benefits, Health Care, and Information Technology Act of 2006 
     (Public Law 109-461) is amended by striking ``$85,200,000'' 
     and inserting ``$136,700,000''.
       (2) Construction of a new medical center facility at the 
     department of veterans affairs medical center, las vegas, 
     nevada.--Paragraph (7) of such section is amended by striking 
     ``$406,000,000'' and inserting ``$600,400,000''.
       (3) Construction of a new outpatient clinic, lee county, 
     florida.--Paragraph (8) of such section is amended--
       (A) by striking ``ambulatory'' and all that follows through 
     ``purchase,'' and inserting ``outpatient clinic in''; and

[[Page H4200]]

       (B) by striking ``$65,100,000'' and inserting 
     ``$131,800,000''.
       (4) Construction of a new medical center facility, orlando, 
     florida.--Paragraph (11) of such section is amended by 
     striking ``$377,700,000'' and inserting ``$656,800,000''.
       (5) Consolidation of campuses at the university drive and 
     h. john heinz iii divisions, pittsburgh, pennsylvania.--
     Paragraph (12) of such section is amended by striking 
     ``$189,205,000'' and inserting ``$295,600,000''.

     SEC. 4. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL 
                   FACILITY LEASES.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility leases in fiscal year 2009 
     at the locations specified, and in an amount for each lease 
     not to exceed the amount shown for such location:
       (1) For an outpatient clinic, Brandon, Florida, $4,326,000.
       (2) For an outpatient clinic, Colorado Springs, Colorado, 
     $3,995,000.
       (3) For an outpatient clinic, Eugene, Oregon, $5,826,000.
       (4) For the expansion of an outpatient clinic, Green Bay, 
     Wisconsin, $5,891,000.
       (5) For an outpatient clinic, Greenville, South Carolina, 
     $3,731,000.
       (6) For an outpatient clinic, Mansfield, Ohio, $2,212,000.
       (7) For an outpatient clinic, Mayaguez, Puerto Rico, 
     $6,276,000.
       (8) For an outpatient clinic, Mesa, Arizona, $5,106,000.
       (9) For interim research space, Palo Alto, California, 
     $8,636,000.
       (10) For the expansion of an outpatient clinic, Savannah, 
     Georgia, $3,168,000.
       (11) For an outpatient clinic, Sun City, Arizona, 
     $2,295,000.
       (12) For a primary care annex, Tampa, Florida, $8,652,000.

     SEC. 5. AUTHORIZATION OF CONSTRUCTION OF MAJOR MEDICAL 
                   FACILITY, OKALOOSA COUNTY, FLORIDA.

       (a) Authorization.--The Secretary of Veterans Affairs shall 
     carry out a major medical facility project to construct a new 
     medical facility of the Department of Veterans Affairs in 
     Okaloosa County, Florida, in an amount not to exceed 
     $54,475,000.
       (b) Facility Location.--The facility authorized to be 
     constructed pursuant to subsection (a) shall be built in 
     accordance with option 2 of the report to Congress dated June 
     26, 2007, required to be submitted under section 823 of the 
     Veterans Benefits, Health Care, and Information Technology 
     Act of 2006 (Public Law 109-461; 120 Stat. 3449).
       (c) Plan for Sharing of Inpatient and Outpatient 
     Services.--Not later than 180 days after the date of the 
     enactment of the Act, the Secretary of Veterans Affairs shall 
     submit to the Committees on Veterans' Affairs of the Senate 
     and House of Representatives a plan that sets forth terms and 
     conditions for the sharing of inpatient and outpatient 
     services at the medical facility authorized to be constructed 
     pursuant to subsection (a).

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations for Fiscal Year 2009 
     Major Medical Facility Projects.--There is authorized to be 
     appropriated for the Secretary of Veterans Affairs for fiscal 
     year 2009 for the Construction, Major Projects, account--
       (1) $345,900,000 for the projects authorized in section 2;
       (2) $1,694,295,000 for the increased amounts authorized for 
     projects whose authorizations are modified by section 3; and
       (3) $54,475,000 for the project authorized in section 5.
       (b) Authorization for Appropriations for Fiscal Year 2009 
     Major Medical Facility Leases.--There is authorized to be 
     appropriated for the Secretary of Veterans Affairs for fiscal 
     year 2009 for the Medical Facilities account, $60,114,000, 
     for the leases authorized in section 4.

     SEC. 7. FACILITIES ADMINISTRATION.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Veterans Affairs shall submit to 
     the Committees on Veterans' Affairs of the Senate and House 
     of Representatives a report updating the progress of the 
     Secretary in complying with section 312A of title 38, United 
     States Code.

     SEC. 8. ANNUAL REPORT ON OUTPATIENT CLINICS.

       (a) Annual Report Required.--Subchapter I of chapter 81 of 
     title 38, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 8119. Annual report on outpatient clinics

       ``(a) Annual Report Required.--The Secretary of Veterans 
     Affairs shall submit to the Committees on Veterans' Affairs 
     of the Senate and House of Representatives an annual report 
     on community-based outpatient clinics and other outpatient 
     clinics. The report shall be submitted each year not later 
     than the date on which the budget for the next fiscal year is 
     submitted to the Congress under section 1105 of title 31.
       ``(b) Contents of Report.--Each report required under 
     subsection (a) shall include the following:
       ``(1) A list of each community-based outpatient clinic and 
     other outpatient clinic of the Department, and for each such 
     clinic, the type of clinic, location, size, number of health 
     professionals employed by the clinic, workload, whether the 
     clinic is leased or constructed and operated by the 
     Secretary, and the annual cost of operating the clinic.
       ``(2) A list of community-based outpatient clinics and 
     other outpatient clinics that the Secretary opened during the 
     fiscal year preceding the fiscal year during which the report 
     is submitted and a list of clinics the Secretary proposes 
     opening during the fiscal year during which the report is 
     submitted and the subsequent fiscal year, together with the 
     cost of activating each such clinic and the information 
     required to be provided under paragraph (1) for each such 
     clinic and proposed clinic.
       ``(3) A list of proposed community-based outpatient clinics 
     and other outpatient clinics that are, as of the date of the 
     submission of the report, under review by the National Review 
     Panel and a list of possible locations for future clinics 
     identified in the Department's strategic planning process, 
     including any identified locations in rural and underserved 
     areas.
       ``(4) A prioritized list of sites of care identified by the 
     Secretary that the Secretary could establish without carrying 
     out construction or entering into a lease, including--
       ``(A) any such sites that could be expanded by hiring 
     additional staff or allocating staff to Federal facilities or 
     facilities operating in collaboration with the Federal 
     Government; and
       ``(B) any sites established, or able to be established, 
     under sections 8111 and 8153 of this title.''.
       (b) Deadline for First Annual Report.--The Secretary of 
     Veterans Affairs shall submit the first report required under 
     section 8119(a) of title 38, United States Code, as added by 
     subsection (a), by not later than 90 days after the date of 
     the enactment of this Act.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end of 
     the items relating to subchapter I the following new item:

``8119. Annual report on outpatient clinics.''.

     SEC. 9. TECHNICAL CORRECTION.

       Section 807(e) of the Veterans Benefits, Health Care, and 
     Information Technology Act of 2006 (Public Law 109-461) is 
     amended by striking ``Medical Care'' each place it appears 
     and inserting ``Medical Facilities''.

  SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Indiana (Mr. Buyer) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Madam Speaker, this is one of the most important and 
difficult pieces of legislation to come to the Health Subcommittee of 
our committee. The chairman, Mr. Michaud of Maine, has done an 
incredibly good job, along with his ranking member, Mr. Miller. I would 
yield to Mr. Michaud such time as he might consume to explain the bill.
  Mr. MICHAUD. Thank you very much, Mr. Chairman.
  I rise today in strong support of H.R. 5856, the Department of 
Veterans Affairs Medical Facilities Authorization and Lease Act of 
2008. This legislation authorizes the Department of Veterans Affairs to 
build or lease major medical facilities across this country. I believe 
we must do everything possible to take care of the men and women who 
defend our Nation and fight for freedom around the world.
  The facilities authorized in this legislation will provide the much-
needed physical facilities around the country where we can take care of 
veterans for different health care reasons. This legislation has strong 
bipartisan support. We did take a lot of time working with the minority 
members and had hearings on this bill and actually went around the 
country to look at the facilities that the VA currently has. This bill 
is desperately needed to make sure that we keep upgrading and building 
the facilities that are needed around this great Nation of ours.
  I do want to thank the staff on both the majority side and minority 
side for all their efforts in really moving this legislation forward. 
Especially I want to thank Mr. Miller, who has been a strong supporter 
of this legislation. We spent hundreds of hours going through this 
proposal with committee staff and within the VA staff as well. I 
especially want to thank you, Mr. Chairman, and Ranking Member Buyer, 
for your interest in this legislation as well.
  This legislation did receive a lot of interest from a variety of 
Members of Congress on both sides of the aisle, and we wish we could 
accommodate all the interest and concerns that we heard, but we were 
unable to do that at this time. We will be able to move forward with 
report language in this legislation that actually requires the VA to 
report back to the Veterans' Affairs Committee on how we deal with some 
of the lower cost items, CBOCs around the country, and look forward to 
that report. Hopefully, we will be able to move forward in a more 
aggressive way

[[Page H4201]]

and get the facilities that we need around the country.
  With that, I would urge my colleagues to strongly support H.R. 5856.
  Mr. BUYER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 5856, the VA Medical 
Facility Authorization and Lease Act, which would authorize major 
medical facility projects and major medical facility leases for the 
Department of Veterans Affairs for fiscal year 2009. I want to extend 
my compliments to Chairman Michaud and Mr. Miller, and I think when 
Chairman Michaud thanked me for the interest, I think he meant, Thank 
you for the cooperation. I enjoyed working with you and your staff and 
the chairman in getting a bill to the floor.
  Madam Speaker, this bill authorizes $2.2 billion to improve access to 
health care for our Nation's veterans. As we consider this construction 
authorization bill that includes VA's fiscal year 2008 and 2009 
request, I would like to share my enthusiasm for the announcement 
Secretary Peake made on April 24, 2008, to change course in Denver and 
move to a joint facility, with which I know Chairman Michaud also 
concurs.
  Secretary Peake announced that the VA intends to construct a new bed 
tower in partnership with the University of Colorado at Denver and the 
University of Colorado Hospital on university property at the former 
Fitzsimons Army Medical Center campus. Madam Speaker, I have been a 
strong supporter of moving forward with a joint use facility and 
believe that the idea of collaboration promises significant value as we 
move in to providing veterans access to care in the 21st century VA 
system.
  There has been a long and detailed history of planning for a shared 
facility to replace the existing Denver VA Medical Center. Discussions 
between VA and the University of Colorado Hospital regarding the 
relocation of the Denver Veterans Medical Center to Fitzsimons campus 
started in the year 2000, and I am pleased to see this collaboration 
again moving forward.
  H.R. 5856 would provide VA to authorize in the amount of not to 
exceed $769.2 million for the replacement of the Denver, Colorado VA 
Medical Center. This authorization was requested by the administration 
in February in its fiscal year 2009 budget submission.
  Madam Speaker, I recommend at this time that we retain this $769.2 
million authorization for a major medical facility in Denver contained 
in this bill as a placeholder. However, as the planning and design of 
the Denver partnership is further defined, it will be necessary to 
amend the authorization of this project.
  H.R. 5856 also includes authorization for the construction of a fifth 
polytrauma center in San Antonio, Texas. VA's four current polytrauma 
centers are located in Richmond, Virginia; Tampa, Florida; Minneapolis, 
Minnesota; and Palo Alto, California. These centers provide a valuable 
service to injured servicemembers and veterans and are designed to 
provide comprehensive inpatient rehabilitation services for individuals 
with complex, severe, and disabling traumas. Creating a fifth 
polytrauma center in San Antonio reinforces our commitment to the 
veterans and servicemembers who have honorably served our country by 
expanding access to the southwest United States.
  I also want to thank Chairman Filner and Chairman Michaud with regard 
to the report language in the bill. We had some matters outside the 
bill that we needed to work through. I know the chairman had visited 
deep south Texas and I also went to deep south Texas to work on these 
issues that were brought to us by Mr. Ortiz and Mr. Hinojosa, and we 
were able to work through those, not only working with these members, 
being on the ground, talking to the veterans, working with the 
administration, and having that report language in here as we work with 
the University of Texas, I think, was prudent and wise.
  I want to thank Chairman Michaud and Chairman Filner for working 
through these matters.
  I reserve the balance of my time.
  Mr. FILNER. Madam Speaker, as I said before, we have some very active 
new members in our caucus, and Mr. Kagen from Green Bay, Wisconsin, 
brought to us some needs he would like to speak on, and I am glad we 
know there are other needs in Green Bay besides a new quarterback. I 
would yield to him such time as he may consume.
  Mr. KAGEN. Thank you for your kind comments about the needs for 
quarterbacks. I want to thank you for quarterbacking this bill, H.R. 
5856 to the House floor and towards a successful passage. It has the 
support of Republicans and Democrats alike. While we may be divided 
about war policy and foreign policy, we are united behind the support 
of our troops.

                              {time}  1445

  Now, what does this bill do? It provides for 11 construction 
projects, $60 million, and 12 new leases in 2009. The construction 
projects range from Denver, Colorado, to San Antonio, Texas, to New 
Orleans, Louisiana. They involve lease projects from Eugene, Oregon, to 
Mesa, Arizona, to Mansfield, Ohio, and, of course, Green Bay Wisconsin, 
where the needs of our veterans require the construction of a new CBOC 
and also the presence of an outpatient surgical specialty area. This 
bill will take a major step toward developing the infrastructure of our 
Veterans Administration.
  Let me add by saying that as a physician who has served for 6 years 
in veterans hospitals, we need to invest in our infrastructure of the 
Veterans Administration throughout the country, not just in Green Bay. 
H.R. 5856 authorizes $5.8 million in fiscal year 2009 for the lease of 
a new facility to expand the Community Based Outpatient Clinic in Green 
Bay. This lease will extend for 20 years.
  Heretofore, we have had thousands and thousands of veterans in 
Northeast Wisconsin who had to drive beyond Green Bay, beyond Appleton, 
south to Milwaukee, to Zablocki in order to get the care they require. 
The new facility will offer specialty services heretofore not available 
in Northeast Wisconsin; lab work, radiology, physical therapy, 
pharmacy, mental health care services, dietetics, dental, podiatry, 
dermatology, urology, neurology, audiology, and social work. For many 
soldiers, the Comp and Pen examinations will be done closer to home, 
not just for their convenience, but also for their personal-family 
economy. After all, when the price of gasoline reaches $4 per gallon, 
it costs everyone a lot more to travel.
  Madam Speaker, 1,500 patients now are waiting on a fee basis for 
service at the veterans facility in Green Bay. Hundreds and hundreds of 
veterans are on waiting lists to receive care that they require.
  This project could not have happened without the strong bipartisan 
support of not just the chairman, but also the ranking member. So I 
thank you, Mr. Filner, and also the subcommittee chairman as well. 
Thank you for putting your best efforts forward to making sure that the 
veterans in Green Bay and Northeast Wisconsin get the care they need 
close to home.
  Mr. BUYER. Madam Speaker, I reserve my time.
  Mr. FILNER. Madam Speaker, I yield such time as he may consume to the 
gentleman from Texas (Mr. Rodriguez).
  Mr. RODRIGUEZ. Mr. Chairman, once again, thank you for this piece of 
legislation. As indicated earlier, we have four major polytrauma 
centers throughout the country. The fifth one has been selected by a 
commission that was established, with the selection of the site in San 
Antonio. These polytrauma centers look at those veterans that are the 
most vulnerable in our community, the ones that have multiple problems. 
So this major polytrauma center in San Antonio is going to be a great 
addition.
  Let me just add also that as we look at providing services to our 
veterans, one of the realities is that approximately 80 percent of our 
veterans never get to have any degree of access, so we understand that 
there is a big void out there. What happened at Walter Reed, in spite 
of the fact that that is a DOD facility, we also need to look at the 
facilities in the VA sites. And we know that we have been negligent in 
not providing the resources to upgrade those.
  The reports that are going to be required by this language allow an 
opportunity for us to get a good grasp of what some of our needs are 
out there in terms of our VA facilities, and allows an opportunity for 
us to improve on

[[Page H4202]]

those, from nursing homes that are out there to clinics and to others.
  As also indicated, in South Texas we have a large number of our 
veterans that don't have access and have to travel long distance for 
access to health care. I want to thank the leadership on both sides for 
going there and listening to the reports, Congressman Ortiz, 
Congressman Hinojosa, Congressman Cuellar and others, about the lack of 
services for our veterans in Deep South Texas and the need for some of 
these facilities and resources.
  Once again, I thank the chairman for allowing me this opportunity and 
for passing this piece of legislation.
  Mr. BUYER. Madam Speaker, I yield myself such time as I may consume.
  Mr. Rodriguez, when you go back to Texas over the Memorial Day break, 
I want you to share with your good friends in Deep South Texas how much 
I enjoyed the visit and their tequila. I don't know what it is about 
tequila that makes you either forget or remember the most, but I really 
enjoyed that, and you have much to smile for when you go back to Texas.
  When I went to Deep South Texas, I also went to San Antonio and 
toured not only the burn unit at Brook and the Intrepid at Fort Sam 
Houston, but also I went over to the VA hospital and met with your 
hospital director and the team for the polytrauma center, and they are 
extraordinary. If you have the opportunity at all, I welcome you to 
visit the other polytrauma centers, or any of them. It is extraordinary 
what they do in that full continuum of care, and it is seamless as they 
move from the military to the VA and then back in.
  There are always some bumps in the road, so as you take on this fifth 
site in your backyard, too often we place that burden on the families 
to be the case manager, and now in Wounded Warrior we say okay, we are 
going to assign case managers. But as we open up that fifth polytrauma 
center, we are going to look to your leadership to make sure the fifth 
site opens up and opens well. I just wanted to share that with you.
  Mr. RODRIGUEZ. Mr. Buyer, I want to thank you also, because I do have 
a beautiful community, and we have a large number of both Afghan and 
Iraqi theatre soldiers that have come to the San Antonio area and the 
community there. We know that we have had our problems and our 
difficulties, but we are expanding those services, and I am extremely 
elated.
  One thing I tell our veterans now is if they ever have had 
difficulties in the past, I am urging them to go back, go back and 
visit the VA. There is a lot of enthusiasm out there, and I am really 
pleased. Thank you very much for those comments, and you are welcome to 
come down and share a tequila.
  Mr. BUYER. Please also know that I spoke with John Barnes, who is the 
owner of Panther Racing. We coordinated with the Surgeon General of the 
Army, and he is going to take the Indy car which is sponsored by the 
National Guard along with some of the Indy drivers to Fort Sam Houston 
to go to Brook Army Hospital to the burn unit and the Intrepid, and I 
think that is going to occur the first week of June.
  I also would like to compliment Chairman Filner and Chairman Michaud 
with regard to working with myself and Mr. Latham as we addressed his 
concerns that were brought to the committee in Northeast Iowa. We also 
had other issues that were brought regarding Fort Ord. As we all know, 
CARES was sort of that snapshot in time, and now we are 4 years beyond 
CARES and it is almost being overtaken by certain events. So I 
appreciate Chairman Filner allowing us to work through some of these in 
our language, and we are going to have to address CARES No. 2 probably 
or redux here in the upcoming future.
  With that, I urge my colleagues to adopt the bill.
  Madam Speaker, I yield back my time.
  Mr. FILNER. Madam Speaker, I certainly appreciate the remarks of Mr. 
Buyer and the bipartisan work that was necessary to get this bill to 
the floor in the current form.


                             General Leave

  Mr. FILNER. Madam Speaker, I would ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on H.R. 5856.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. MILLER of Florida. Madam Speaker, I rise today in strong support 
of H.R. 5856, the VA Medical Facility Authorization and Lease Act of 
2008. I am pleased that this bill will comprehensively address the 
needs of veterans throughout the Nation.
  Important to delivering high quality care to our Nation's veterans is 
the planning for the construction of VA's substantial health care 
infrastructure. It is vital that veterans can continue to receive care 
where they need it most and will be able to receive it where they need 
it in the future. They have given so much for our country, and 
providing them with timely access to the best health care possible is 
just one important way we can show them how thankful we are for what 
all they have done.
  This legislation improves access to care for veterans by ensuring 
that current VA facilities are modernized and that future construction 
occurs where it is needed. That means keeping track of where veterans 
live and locating facilities in those areas. Too often, veterans must 
travel great distances to receive their health care, but this is 
something that we can fix, and the VA Medical Facility Authorization 
and Lease Act of 2008 is an important step in that direction.
   I commend Chairman Michaud for his work on this legislation through 
the Subcommittee on Health and the full Veterans' Affairs Committee, 
and look forward to its passage.
  Mr. FILNER. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Filner) that the House suspend the rules 
and pass the bill, H.R. 5856.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. FILNER. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________