[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[House]
[Pages 28302-28305]
[From the U.S. Government Publishing Office, www.gpo.gov]




 PROVIDING FOR CONSIDERATION OF H.R. 3963, CHILDREN'S HEALTH INSURANCE 
                  PROGRAM REAUTHORIZATION ACT OF 2007

  Ms. SLAUGHTER. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 774 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 774

       Resolved, That upon the adoption of this resolution it 
     shall be in order to consider in the House the bill (H.R. 
     3963) to amend title XXI of the Social Security Act to extend 
     and improve the Children's Health Insurance Program, and for 
     other purposes. All points of order against consideration of 
     the bill are waived except those arising under clause 9 or 10 
     of rule XXI. The bill shall be considered as read. All points 
     of order against provisions of the bill are waived. The 
     previous question shall be considered as ordered on the bill 
     to final passage without intervening motion except: (1) one 
     hour of debate equally divided among and controlled by the 
     chairman and ranking minority member of the Committee on 
     Energy and Commerce and the chairman and ranking minority 
     member of the Committee on Ways and Means; and (2) one motion 
     to recommit.
       Sec. 2.  During consideration of H.R. 3963 pursuant to this 
     resolution, notwithstanding the operation of the previous 
     question, the Chair may postpone further consideration of the 
     bill to such time as may be designated by the Speaker.


                             Point of Order

  Mr. SESSIONS. Mr. Speaker, I raise a point of order against 
consideration of the rule because the rule contains a waiver of all 
points of order against the bill and its consideration and, therefore, 
is in violation of section 426 of the Congressional Budget Act.
  The SPEAKER pro tempore. The gentleman from Texas makes a point of 
order that the resolution violates section 426(a) of the Congressional 
Budget Act of 1974.
  In accordance with section 426(b)(2) of the Act, the gentleman has 
met the threshold burden to identify the specific language in the 
resolution on which the point of order is predicated.
  Under section 426(b)(4) of the Act, the gentleman from Texas and the 
gentlewoman from New York each will control 10 minutes of debate on the 
question of consideration.
  Pursuant to section 426(b)(3) of the Act, after the debate the Chair 
will put the question of consideration, to wit: ``Will the House now 
consider the resolution?''
  The Chair recognizes the gentleman from Texas.
  Mr. SESSIONS. Mr. Speaker, we make a point of order with great 
respect to this body. We're here to do business today. We've asked this 
body to please consider an adjournment because we have a lot of Members 
who are in California. We were denied that request.
  We also believe this point of order should be heard because it's 
important that last night a 293-page bill was brought forth to the 
Rules Committee, which we received only 25 to 30 minutes before that 
meeting took place, I believe, in violation of the regular order for 
legislation that Speaker Pelosi has outlined for all Members of 
Congress, as well as the American people, a Congress working for all 
Americans.
  And under regular order for legislation, it states: ``Members should 
have at least 24 hours to examine bill and conference report text prior 
to floor consideration.'' Mr. Speaker, that has not happened again 
today. Again today we find that the legislation not following regular 
order is presented to this House.
  Last night, as we began the discussion in the Rules Committee, we 
found out this is not even a House bill. No one took responsibility for 
the bill that was coming to the Rules Committee last night. Every 
person there said this is a Senate bill; this isn't a House bill.
  And then we tried to discuss what was in that bill. I don't know 
what's in that bill. Sure, we've had some time today, but we have not 
digested all 293 pages. And, Mr. Speaker, we believe that what is 
happening here today is not only in violation of what we have seen, a 
Congress working for all Americans, but also the establishment of the 
way this House would run itself under

[[Page 28303]]

regular order and for the best interest of all Members of Congress.
  Mr. Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I reserve the balance of my time.
  Mr. SESSIONS. Mr. Speaker, at this time I would like to yield 4 
minutes to the gentleman from Texas (Mr. Hensarling).
  Mr. HENSARLING. Mr. Speaker, I thank the gentleman for yielding, and 
I rise in support of his point of order.
  I see that the distinguished Speaker of the House is on the floor, 
was on the floor; and although I don't have the quote in front of me, I 
know, as she took the gavel to become Speaker of the House, that she 
said that this would be something along the lines of the fairest and 
most democratically run House in the history of our country. I'm trying 
to see where the fairness, I'm trying to see where the democracy comes 
in, where most of us, most of us didn't even know of the existence of 
this almost-300-page bill until we arrived this morning. And so I'm 
having a little trouble seeing exactly where we're having fairness and 
democracy.
  Specifically, Mr. Speaker, I think Speaker Pelosi said bills should 
generally come to the floor under procedure that allows open, full, and 
fair debate consisting of a full amendment process that grants the 
minority the right to offer its alternatives, including a substitute.
  Members should have at least 24 hours to examine the bill. That is 
certainly not true for this Member. I don't think it's true for the 
vast majority of Members here.
  So the Speaker may say one thing, and I respect her words, but the 
actions are speaking far more loudly than the words are.
  And I would think, with the great human tragedy that is taking place 
in California unfolding upon the television screens of almost everyone 
in America, I would think that if any Speaker would be sensitive to 
that human tragedy it would be this Speaker since she hails from the 
State of California.
  Yet we have countless Members who need to return home to be about the 
business of their constituents, and they're not here. They're not 
present for a very, very important vote and a vote that could have 
obviously taken place months ago, a vote that could have taken place 
weeks ago, and a vote that can take place early next week when these 
people will return.
  And yet, I fear, I'm not questioning the motives or the heart of any 
one Member, but the actions are such that people could be led to 
believe that this is simply a move to manipulate the outcome of a vote. 
And I'm not sure that's the appearance that we want to give the 
American people.
  And, again, Republicans, Members on this side of the aisle, have 
stood ready for weeks and for months to reauthorize an SCHIP program. 
The vast majority will vote to support funding for every eligible 
child. But a program that was designed and passed by a Republican House 
to ensure health insurance benefits for uninsured low-income American 
children, that's been hijacked.
  And again, yet again, the Democrat Congress will try to transform 
that program into something else; instead to give additional benefits 
to adults while we still have children that are not served, to give 
benefits to illegal immigrants while we still have Americans unserved, 
to give benefits to the uninsured while we have those who are insured 
and, finally, to give benefits to higher-income Americans before we 
serve lower-income Americans. That is not right. This is not fair. This 
is not democratic. It's not what the Speaker committed to. And this 
point of order should be sustained.
  Ms. SLAUGHTER. Mr. Speaker, I continue to reserve.
  Mr. SESSIONS. Mr. Speaker, last Congress the distinguished chairwoman 
of the Committee on Rules thought it was so important to require at 
least 24 hours before voting on any rule that she authored a rules 
change, H. Res. 686, cosponsored by the gentleman from Florida (Mr. 
Hastings), the gentleman from Massachusetts (Mr. McGovern), and the 
gentlewoman from California (Ms. Matsui), senior members of the Rules 
Committee. The proposed change would have prohibited calling up a 
report by the Committee on Rules within 24 hours of presentation to the 
House.
  Mr. Speaker, I would refer my colleagues to H. Res. 686 of the 109th 
Congress.
  Mr. Speaker, I wasn't really surprised when the new Democrat majority 
didn't actually follow through on their commitments on the opening-day 
package. However, I just wonder what happened to the dedication of 
Democratic Members who once showed the rights of preserving those 
things which they think are good for Members to have time to know what 
the heck they're voting on.

                              {time}  1130

  And I believe today a 293-page bill with zero cosponsors, and even 
the gentleman who brought the bill to the Rules Committee last night 
said ``not my bill, it's the Senate's bill,'' I believe we should be 
careful what we are doing and allow 24 hours and follow the rules of 
the House.
  Mr. Speaker, at this time I would like to yield the balance of my 
time to the gentleman from California (Mr. Daniel E. Lungren).
  The SPEAKER pro tempore (Mr. Serrano). The gentleman from California 
is recognized for 2\1/2\ minutes.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I rise in support 
of this point of order that goes essentially to the question of 
unfunded mandates contained in this bill. It is very difficult to 
determine exactly what this bill is since it is nearly 300 pages and we 
received it last night.
  Why is the question of unfunded mandates so important? Well, a great 
example would be exactly what is happening in my home State of 
California right now; the tremendous, tremendous pressure that my home 
State is under at the current time as a result of an unprecedented 
series of fires raging at the same time.
  And that brings into question of those Members of Congress from my 
home State who are traveling today back home with the President of the 
United States in order to assess the damage, to show that the Federal 
Government is fully involved in concert with State and local 
governments. And we would ask that the consideration of this rule and 
this bill be postponed not only on this point of order but because of 
the circumstances that are occurring in our State at this time.
  The majority leader said a little bit earlier that, well, things 
happen all the time and Members miss the opportunity to be here on the 
floor because they are back home, as if this is an everyday occurrence.
  My home State has lost almost 1,500 residences, 1,500 destroyed. We 
have somewhere between half a million and a million people evacuated. 
That is not an everyday occurrence. That is an exceptional 
circumstance. And it just is beyond the sense of the cordial nature of 
the collegiality of this House that ought to prevail for us to be 
considering this.
  Nearly 9,000 firefighters from all agencies on the fire lines of 
California over the last number of days. At least 1 confirmed death, 18 
fires in 7 counties, almost a half a million acres destroyed, 104 
commercial structures destroyed.
  The fact is that we ought to come together and work together on 
issues as important as responding to the natural disaster that is 
occurring in California just as we should be coming together, working 
together to try to solve the problem of the unmet needs of poor 
children and their health in this country.
  Mr. Speaker, we have not been invited to the table to be able to 
present this. This point of order ought to be sustained technically on 
the question of unfunded mandates but really, philosophically on the 
fact that this is not the time for consideration of this particular 
rule or this bill.
  Ms. SLAUGHTER. Mr. Speaker, I feel compelled to point out this is not 
about a point of order or unfunded mandates, but it is because this 
administration and many of the people in

[[Page 28304]]

this House do not want to give health care to 10 million children.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired. The 
question is: Shall the House now consider the resolution?
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Ms. SLAUGHTER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 216, 
nays 181, not voting 35, as follows:

                            [Roll No. 1003]

                               YEAS--216

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castor
     Chandler
     Clarke
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Eshoo
     Etheridge
     Farr
     Fattah
     Frank (MA)
     Giffords
     Gillibrand
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kingston
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (GA)
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Weiner
     Welch (VT)
     Wexler
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NAYS--181

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baird
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Camp (MI)
     Campbell (CA)
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hill
     Hobson
     Hoekstra
     Hulshof
     Inglis (SC)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Lewis (KY)
     Linder
     LoBiondo
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Salazar
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                             NOT VOTING--35

     Bilbray
     Boren
     Boucher
     Buyer
     Calvert
     Cannon
     Carson
     Clay
     Cubin
     Davis (CA)
     Dreier
     Emanuel
     Engel
     Filner
     Franks (AZ)
     Gallegly
     Gonzalez
     Hinchey
     Hunter
     Issa
     Jindal
     Johnson, E. B.
     Lewis (CA)
     Lucas
     McHenry
     Mollohan
     Ryan (WI)
     Shea-Porter
     Tierney
     Visclosky
     Watson
     Waxman
     Westmoreland
     Wilson (OH)
     Young (AK)


                Announcement by the Speaker Pro Tempore

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

                              {time}  1154

  Messrs. LEWIS of Kentucky, KING of Iowa, TIBERI and DAVIS of Kentucky 
changed their vote from ``yea'' to ``nay.''
  Messrs. BLUMENAUER, CLEAVER, DAVIS of Alabama and PRICE of Georgia 
changed their vote from ``nay'' to ``yea.''
  So the question of consideration was decided in the affirmative.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Speaker, on rollcall No. 1003, I was not present 
because I was helping my constituents cope with the fire crisis in San 
Diego, CA.
  Had I been present, I would have voted ``yea.''
  Mr. SESSIONS. Mr. Speaker, I'm sorry, I did not hear you, but I 
object to the ruling on laying on the table the motion to recommit. I 
did not hear your words in that regard; and I object, Mr. Speaker.
  The SPEAKER pro tempore. The motion has yet to be addressed.
  Mr. PRICE of Georgia. Mr. Speaker, has the Speaker determined the 
vote on the previous motion?
  The SPEAKER pro tempore. Is the gentleman asking to reconsider the 
vote by which the question of consideration was decided in the 
affirmative?
  Mr. PRICE of Georgia. I move to reconsider the vote.


                Motion to Table Offered by Ms. Slaughter

  Ms. SLAUGHTER. Mr. Speaker, I move to table the motion to reconsider.
  The SPEAKER pro tempore. The question is on tabling the motion 
offered by the gentleman from Georgia.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. PRICE of Georgia. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 218, 
noes 183, not voting 31, as follows:

                            [Roll No. 1004]

                               AYES--218

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Frank (MA)
     Giffords
     Gillibrand
     Gonzalez
     Goode
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley

[[Page 28305]]


     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     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)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reichert
     Renzi
     Reyes
     Richardson
     Rodriguez
     Rogers (MI)
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     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 (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--183

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baird
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     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
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gingrey
     Gohmert
     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)
     LaHood
     Lamborn
     Latham
     LaTourette
     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
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                             NOT VOTING--31

     Bilbray
     Boren
     Boucher
     Braley (IA)
     Brown, Corrine
     Buyer
     Calvert
     Carson
     Conyers
     Cubin
     Davis (CA)
     Davis (IL)
     Dreier
     Filner
     Gallegly
     Hastert
     Hunter
     Issa
     Jindal
     Johnson, E. B.
     Larson (CT)
     Lewis (CA)
     Maloney (NY)
     Shea-Porter
     Tancredo
     Watson
     Waxman
     Welch (VT)
     Wilson (OH)
     Yarmuth
     Young (AK)


                Announcement by the Speaker Pro Tempore

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

                              {time}  1214

  Mr. REYNOLDS and Mr. BOEHNER changed their vote from ``aye'' to 
``no.''
  Mr. ELLISON and Mr. PATRICK J. MURPHY of Pennsylvania changed their 
vote from ``no'' to ``aye.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Mr. Speaker, on rollcall No. 1004, I was not present 
because I was helping my constituents cope with the fire crisis in San 
Diego, CA.
  Had I been present, I would have voted ``aye.''

                          ____________________