[Congressional Record (Bound Edition), Volume 154 (2008), Part 3]
[House]
[Pages 3400-3405]
[From the U.S. Government Publishing Office, www.gpo.gov]




        GENERATIONS INVIGORATING VOLUNTEERISM AND EDUCATION ACT

  The SPEAKER pro tempore. Pursuant to House Resolution 1015 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 2857.

                              {time}  1331


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 2857) to reauthorize and reform the national service 
laws, with Mr. Holden (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole House rose 
earlier today, a request for a recorded vote on amendment No. 11 
printed in House Report 110-539 by the gentleman from Washington (Mr. 
Inslee) had been postponed.
  Pursuant to clause 6 of rule XVIII, proceedings will now resume on 
those amendments printed in House Report 110-539 on which further 
proceedings were postponed, in the following order:
  Amendment No. 10 by Mr. Flake of Arizona.
  Amendment No. 11 by Mr. Inslee of Washington.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment No. 10 Offered by Mr. Flake

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 153, 
noes 260, not voting 20, as follows:

                             [Roll No. 105]

                               AYES--153

     Aderholt
     Akin
     Alexander
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Dent
     Doolittle
     Drake
     Dreier
     Duncan
     English (PA)
     Everett
     Fallin
     Feeney
     Flake
     Forbes

[[Page 3401]]


     Fossella
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gerlach
     Gillibrand
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     King (IA)
     Kingston
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Latham
     Lewis (CA)
     Lewis (KY)
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Pitts
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Sali
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Thornberry
     Tiberi
     Walberg
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--260

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Baldwin
     Barrow
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castle
     Castor
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Ferguson
     Filner
     Fortenberry
     Frank (MA)
     Gallegly
     Giffords
     Gilchrest
     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
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Kucinich
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Latta
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Petri
     Pickering
     Platts
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Ramstad
     Regula
     Renzi
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Wexler
     Wilson (OH)
     Wu
     Wynn
     Yarmuth

                             NOT VOTING--20

     Baird
     Brown-Waite, Ginny
     Fortuno
     Frelinghuysen
     Gonzalez
     Hulshof
     Johnson, E. B.
     Keller
     Linder
     McCrery
     Meek (FL)
     Poe
     Pryce (OH)
     Rangel
     Rush
     Schiff
     Sestak
     Solis
     Tiahrt
     Woolsey

                              {time}  1359

  Messrs. ROTHMAN, BRADY of Pennsylvania, WU, Mrs. CAPPS, Mr. CARDOZA, 
Ms. SCHAKOWSKY, Messrs. TIM MURPHY of Pennsylvania, OBERSTAR, RAMSTAD, 
TANNER, EHLERS and FORTENBERRY changed their vote from ``aye'' to 
``no.''
  Messrs. KNOLLENBERG, DAVIS of Kentucky, CAMP of Michigan and REYNOLDS 
changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. SCHIFF. Mr. Chairman, on rollcall No. 105, had I been present, I 
would have voted ``no.''
  Ms. McCOLLUM of Minnesota. Mr. Chairman, I intended to vote '``no'' 
on amendment number 10 of House Report 110-539 offered by Mr. Flake of 
Arizona during debate on H.R. 2857, the Generations Invigorating 
Volunteerism and Education Act.


                 Amendment No. 11 Offered by Mr. Inslee

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Washington 
(Mr. Inslee) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 252, 
noes 161, not voting 20, as follows:

                             [Roll No. 106]

                               AYES--252

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castle
     Castor
     Chandler
     Christensen
     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
     Diaz-Balart, L.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Ferguson
     Filner
     Fortenberry
     Frank (MA)
     Frelinghuysen
     Giffords
     Gilchrest
     Gillibrand
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kirk
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Ramstad
     Reichert
     Renzi
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Wexler
     Wilson (OH)
     Wu
     Wynn
     Yarmuth

[[Page 3402]]



                               NOES--161

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Barton (TX)
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Flake
     Forbes
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hunter
     Inglis (SC)
     Issa
     Johnson, Sam
     Jones (NC)
     Jordan
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     Latta
     Lewis (KY)
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Price (GA)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Sali
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiberi
     Turner
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--20

     Brown-Waite, Ginny
     Fortuno
     Gonzalez
     Holt
     Hulshof
     Jackson-Lee (TX)
     Johnson, E. B.
     Keller
     Lewis (CA)
     Linder
     McCrery
     Poe
     Pryce (OH)
     Rangel
     Rush
     Serrano
     Sestak
     Solis
     Tiahrt
     Woolsey


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised there are 
2 minutes remaining in this vote.

                              {time}  1406

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The Acting CHAIRMAN. The question is on the committee amendment in 
the nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The Acting CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Pastor) having assumed the chair, Mr. Holden, Acting Chairman of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2857) to 
reauthorize and reform the national service laws, pursuant to House 
Resolution 1015, he reported the bill back to the House with an 
amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole? If not, 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 bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


   Motion to Recommit Offered by Mr. Daniel E. Lungren of California

  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I offer a motion to 
recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. DANIEL E. LUNGREN of California. In its current form I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Daniel E. Lungren of California moves to recommit the 
     bill, H.R. 2857, to the Committee on Education and Labor with 
     instructions to report the same back to the House forthwith 
     with the following amendment:
       Strike all after the enacting clause and insert the text of 
     the bill H.R. 3773 as passed by the Senate on February 12, 
     2008.


                             point of order

  Mr. GEORGE MILLER of California. Mr. Speaker, I raise a point of 
order that the motion to recommit contains nongermane instructions in 
violation of clause 7, rule XVI. The instructions in the motion to 
recommit address an unrelated matter within the jurisdiction of a 
committee not represented in the underlying bill.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I wish to be heard 
on the point of order.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, it is unfortunate 
the gentleman has raised this point of order rather than allowing a 
straight up-or-down vote on the Senate-passed FISA legislation.
  Let me speak specifically to the point of order and why, in fact, 
this motion to recommit is in order.
  The underlying purpose of the germaneness rule is that it ``prevents 
the presentation to the House of propositions that might not reasonably 
be anticipated and for which it might not be properly prepared.'' I 
cite to 8 Cannon, section 2993. That is clearly not the case here in 
that this body has dealt extensively with the subject matter of the 
Foreign Intelligence Surveillance Act. And, in fact, we were informed 
by the majority that we were to be prepared to vote on that this week.
  Mr. GEORGE MILLER of California. Mr. Speaker, the scheduling of the 
House is not the subject of this point of order. I raised a point of 
order that the motion addresses the jurisdiction of committees not 
represented in the underlying bill. Neither the Judiciary Committee or 
the Intelligence Committee is represented in the underlying bill, not 
the schedule of the House.
  The SPEAKER pro tempore. The Chair will continue to hear the 
gentleman from California, Representative Lungren, discuss the point of 
order.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, despite the 
difference in titles of H.R. 2857 and H.R. 3773 relating to the motion, 
that is not controlling under Deschler-Brown, chapter 28, section 24. 
As a matter of fact, it refers to the fundamental purpose of the 
motion. The fundamental purpose of this motion does relate to H.R. 
2857, as required by sections 935 and 936 of the House manual.
  The report on H.R. 2857 from the gentleman's committee states clearly 
in its statement of purpose of the bill found on page 57 of that report 
that the legislation seeks to emphasize, and I quote, ``the critical 
role of service in meeting the national priorities of emergency and 
disaster preparedness; and improves program integrity.'' That is from 
the report on the bill from the gentleman's committee.
  In other words, the critical issue of homeland security provides the 
required nexus between the subject matters of H.R. 2857 and the motions 
as required under sections 935 and 936 of the House manual.
  Further, I would argue, it is clear that the subject matter 
requirements of section 935 and 936 of the House manual are satisfied. 
A specific section of the legislation brought to the floor by the 
gentleman's committee relating to ``Emergency and Disaster 
Preparedness'' provides on page 71 of the gentleman's committee report 
that ``H.R. 2857 supports the role of service in addressing emergency 
and disaster preparedness.'' These are the words from the gentleman's 
committee's report. ``In addition, this program may engage Federal, 
State, and local stakeholders to collaborate to achieve a more 
effective response to issue public safety, public health, emergencies 
and disasters.''
  Mr. GEORGE MILLER of California. Mr. Speaker, I insist upon my point 
of order. The gentleman again is speaking to the scheduling of the 
floor of the House. The bill, in its entirety, speaks to national 
voluntary service. The gentleman, I guess, is talking about the

[[Page 3403]]

intelligence service. And the fact of the matter is, under the point of 
order there is nothing in this legislation within the jurisdiction of 
the committees, for the motion to recommit, of the Intelligence 
Committee or the Judiciary Committee, and I insist upon my point of 
order.
  Mr. DANIEL E. LUNGREN of California. May I continue my response?
  The SPEAKER pro tempore. The Chair will continue to hear the 
gentleman from California as long as he confines his remarks to the 
point of order.
  Mr. DANIEL E. LUNGREN of California. I was attempting to specify the 
germaneness, quoting specifically from the language of the committee 
report justifying support for this bill. I did not bring up public 
safety, public health, emergencies and disasters and effective response 
thereto. That is the premise contained in the bill and the committee 
report.

                              {time}  1415

  Mr. Speaker, if we are to be able to respond to public safety, 
emergencies, and disasters, it does not limit it in the language of the 
gentleman's committee report to natural disasters. It therefore 
includes man-made disasters, of which we are very, very cognizant. And 
9/11 is perhaps the greatest example. So the bill itself justifies its 
existence in that the individuals, under the ambit of the bill, to 
support responses for public safety, public health, emergencies, and 
disasters are affected in very specific ways by our capacity, our 
capacity, to determine beforehand what the nature of the disasters and 
emergencies would be and therefore allow us to array our individuals 
under this bill in concert, as is stated by the gentleman's report, to 
collaborate with Federal, State, and local stakeholders. In that way my 
amendment is very much germane to the main purpose of the bill and the 
specifics of the bill.
  Finally, the language of H.R. 2857 emphasizes the ability to deploy 
the National Civilian Community Corps to emergencies and disasters. It 
does not limit it to natural emergencies or disasters, therefore 
including terrorist attacks.
  Mr. GEORGE MILLER of California. Mr. Speaker, I insist on my point of 
order. Again, had we been involved with the committees of jurisdiction 
that the gentleman is referring to, the bill would have been referred 
by the Parliamentarian to those committees, and it was not. And let me 
just inform the gentleman. I know he's been out for a couple of days 
and he comes back with great vigor, and I admire his arguments. But 
there is nothing within the programs of Teach for America or the Boys 
and Girls Club of America or the Big Brothers Big Sisters program or 
the YouthBuild or the National Council on Aging or the Senior Citizen 
Nutrition Program or the American Red Cross, there is nothing in those 
programs that require that they eavesdrop or wiretap anybody's phones 
before they can deliver their services. And there is nothing within the 
jurisdiction of this legislation or of this committee that deals with 
those matters, and there is nothing in this bill that deals with the 
matters within the jurisdiction of those committees. And I insist upon 
my point of order.
  The SPEAKER pro tempore. The Chair will allow the gentleman from 
California 2 minutes to close his argument.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, the gentleman says, 
with some humor in his voice, that we ought not to be considering the 
question of wiretapping. That is not the question we bring before us 
today. The question we bring before of us today and why this is germane 
is whether or not we have the ability to listen in on those who would 
kill us and therefore prepare for these disasters before they occur 
and, more than that, prevent them.
  Mr. GEORGE MILLER of California. Mr. Speaker, the gentleman from 
California is required to speak to the point of order.
  Mr. DANIEL E. LUNGREN of California. I am speaking to the point of 
order.
  The SPEAKER pro tempore. The chair has estimated that the gentleman 
would need 2 minutes to conclude his argument, and 1 minute remains.
  Mr. GEORGE MILLER of California. Parliamentary inquiry, Mr. Speaker.
  The gentleman must speak to the point of order which has been made 
with respect to the fact that there is nothing in this committee 
speaking to those jurisdictions.
  The SPEAKER pro tempore. The Chair is willing to hear the gentleman 
from California for another minute to conclude his argument on the 
point of order.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, to suggest that 
intelligence gathered to prevent disaster has nothing to do with the 
ability of those we are asking under this bill to respond to disaster 
reminds one of the comment in literature years ago when one was 
confronted with the incongruity of the law and that person responded by 
saying: The law, sir, is an ass.
  I would not suggest we are at that point here, but I would suggest 
this: for anyone to say that, to blind ourselves to the information 
that would allow us to prevent disasters and prepare for the disasters, 
to say that that is irrelevant to the debate today shows how irrelevant 
the debate today is to the needs of the people of the State of 
California, the Nation, and, frankly, our allies. It is germane, Mr. 
Speaker.
  The SPEAKER pro tempore. The chair has heard the gentlemen's 
argument.
  The Chair hears individual Members in turn. They may not yield to one 
another. They may not interrupt one another except by proper objection 
concerning relevance.
  Mr. GEORGE MILLER of California. Mr. Speaker, I insist upon my point 
of order.
  And I appreciate that perhaps there's some confusion on the other 
side of the aisle between the Big Brothers of this program and Big 
Brother that you're thinking about.
  I insist upon my point of order.
  The SPEAKER pro tempore. The Chair is prepared to rule.
  As the Chair most recently ruled on March 5, 2008, the instructions 
in the motion to recommit address a matter unrelated to the issues 
addressed in the underlying bill, and within the jurisdiction of 
committees not represented in the underlying bill. The instructions are 
therefore not germane, and the point of order is sustained. The motion 
is not in order.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I move to appeal 
the Speaker's ruling, with all due respect.
  The SPEAKER pro tempore. The question is: Shall the decision of the 
Chair stand as the judgment of the House?


       Motion to Table Offered by Mr. George Miller of California

  Mr. GEORGE MILLER of California. Mr. Speaker, I move to lay the 
appeal 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. DANIEL E. LUNGREN of California. 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 221, 
nays 191, answered ``present'' 1, not voting 15, as follows:

                             [Roll No. 107]

                               YEAS--221

     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
     Carnahan
     Carney
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel

[[Page 3404]]


     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Giffords
     Gilchrest
     Gillibrand
     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
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     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
     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
     Paul
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     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
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Wu
     Wynn
     Yarmuth

                               NAYS--191

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Lincoln
     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
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hunter
     Inglis (SC)
     Issa
     Johnson, Sam
     Jones (NC)
     Jordan
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     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
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     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
     Tancredo
     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 (AK)

                        ANSWERED ``PRESENT''--1

       
     Johnson (IL)
       

                             NOT VOTING--15

     Brown-Waite, Ginny
     Gonzalez
     Hulshof
     Johnson, E. B.
     Keller
     Linder
     McCrery
     Poe
     Pryce (OH)
     Rangel
     Rush
     Sestak
     Solis
     Woolsey
     Young (FL)

                              {time}  1440

  Mr. BURGESS changed his vote from ``yea'' to ``nay.''
  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.


                          PERSONAL EXPLANATION

  Mr. TIAHRT. Mr. Speaker, on rollcall Nos. 105-107, I was unavoidably 
detained. Had I been present, I would have voted ``aye'' on rollcall 
105, ``no'' on rollcall 106, and ``nay'' on rollcall 107.


           Motion to Recommit Offered by Mr. Kuhl of New York

  Mr. KUHL of New York. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. KUHL of New York. In its current form, I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Kuhl of New York moves to recommit the bill H.R. 2857 
     to the Committee on Education and Labor with instructions to 
     report the same back to the House promptly with the following 
     amendments:
       Page 123, line 10, strike the quotation marks and period.
       Page 123, after line 10, insert the following new section:

     ``SEC. 189D. CRIMINAL HISTORY CHECKS.

       ``(a) In General.--Entities selecting individuals to serve 
     in a position in which the individual receives a Corporation 
     grant-funded living allowance, stipend, education award, 
     salary, or other remuneration in a program receiving 
     assistance under the national service laws, shall, subject to 
     regulations and requirements established by the Corporation, 
     conduct criminal history checks for such individuals.
       ``(b) Requirements.--A criminal history check shall, except 
     in cases approved for good cause by the Corporation, include 
     a name-based search of the Department of Justice National Sex 
     Offender Public Registry and--
       ``(1) a search of the State criminal registry or repository 
     in the State in which the program is operating and the State 
     in which the individual resides at the time of application; 
     or
       ``(2) a Federal Bureau of Investigation fingerprint check.
       ``(c) Eligibility Prohibition.--An individual shall be 
     ineligible to serve in a position described under subsection 
     (a) if such individual--
       ``(1) refuses to consent to the criminal history check 
     described in subsection (b);
       ``(2) makes a false statement in connection with such 
     criminal history check;
       ``(3) is registered, or is required to be registered, on a 
     State sex offender registry or the national sex offender 
     registry established under the Adam Walsh Child Protection 
     and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or
       ``(4) has been convicted of murder, as described in section 
     1111 of title 18, United States Code.''.

  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. KUHL of New York. Thank you, Mr. Speaker.
  I rise to offer this motion to recommit to strengthen the bill before 
us, H.R. 2857, and the national service laws to ensure that we are all 
doing what we can to protect those individuals being served by these 
programs and by the Federal investment in national service.
  Sparked by a 2005 Inspector General report that found rampant, and I 
recognize and emphasize that word ``rampant,'' noncompliance with 
individual grant provisions requiring background checks, the 
Corporation for National Community Service recently completed a 
rulemaking process to institute background checks for any individuals 
seeking a federally funded national service position within the Senior 
Companion and the Foster Grandparent program and from the AmeriCorps 
positions in which individuals have access to a vulnerable population.

                              {time}  1445

  The regs also prohibited individuals from serving in these positions 
if they were registered sex offenders.
  Mr. Speaker, I applaud the administration for taking these steps to 
protect vulnerable populations being served by the national service 
programs. But I believe that we should go further and provide more 
protection.
  First, this motion to recommit would codify the corporation's 
regulations, ensuring that these protections are not subject to the 
whims of future administrations. Despite current efforts, program 
audits conducted by the Office of the Inspector General have detected a 
disturbing pattern of noncompliance with criminal background check 
provision requirements. In some cases, programs have failed to conduct 
checks.
  Just as disturbing, however, other programs have failed to retain the 
documentation providing this background

[[Page 3405]]

check information that was conducted for members working with youth and 
other vulnerable persons.
  Second, this motion to recommit would expand on the corporation's 
efforts by including, and I emphasize that, including all federally 
funded national service provision positions, not just those within the 
foster grandparents and senior competitive programs or just those 
AmeriCorps programs dealing with specific populations.
  Finally, Mr. Speaker, in addition to prohibiting registered sex 
offenders from serving in these positions, this motion to recommit 
would include those individuals convicted of murder as well.
  Mr. Speaker, our message is clear with this motion to recommit: if 
you are a program receiving assistance under these national service 
laws and are accepting participants to serve in federally funded 
programs and positions within your program, we expect you to screen 
those potential participants to ensure that they are not, and I 
emphasize again, not registered sex offenders or convicted murderers. 
And if you wish to serve in federally funded national service 
positions, some of which include as their reward an education award 
that exceeds that which is received by low-income students through the 
form of a Pell Grant, you are not welcome if you have committed these 
crimes.
  Mr. Speaker, some people would ask, Why do we include these crimes? 
We believe that these crimes are so egregious that they demand Federal 
action. But also we hope that by requiring criminal history background 
checks, programs will have increased information with which they can 
exercise good judgment. It only seems to make sense. To repeat myself, 
we also hope that by requiring criminal background checks, programs 
will have the increased information from which they can exercise good 
judgment in deciding who deserves the rewards that come with federally 
funded national service positions.
  Mr. Speaker, I urge my colleagues to support this motion to recommit, 
which would provide the Education and Labor Committee further time to 
deliberate on this important topic. This motion expresses a loud and 
clear message that the House of Representatives believes that those in 
need who are served by programs supported with assistance under these 
laws should be assured that they will not be placed in harm's way when 
approaching these programs for help.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise to speak to the 
motion.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. As I understand the motion, Mr. 
Speaker, it is to codify the regulations that were finalized in 
November of last year that the Department has proposed for background 
checks and protection of the programs; is that correct?
  Mr. KUHL of New York. If the gentleman will yield, that is one aspect 
of the motion. It goes farther than that.
  Mr. GEORGE MILLER of California. Mr. Speaker, reclaiming my time, I 
think we agree with you, and I would ask if the gentleman would accept 
a unanimous consent request to change ``promptly'' to ``forthwith'' so 
we could vote on it now and report the bill out.
  Mr. KUHL of New York. Mr. Speaker, I recently sat and listened to the 
debate on the prior attempt to bring a motion to recommit on a 
significant issue, that being the Foreign Intelligence Surveillance 
Act. If the gentleman would amend his unanimous consent request to 
include that so we might have a vote, I would be happy to.
  Mr. GEORGE MILLER of California. Mr. Speaker, I reclaim my time.
  I just want to say that this is unfortunate, because this is an 
amendment that we would agree to. It embodies the regulations supported 
by the Bush administration. It affects a program that has huge 
bipartisan support in all of our communities, that the President is in 
support of and is looking for the opportunity to sign this bill. But 
the gentleman insists upon making his motion in the form of 
``promptly,'' so that the bill has to go back to committee, which makes 
everything much more complicated in terms of the passage of this bill.
  Mr. KUHL of New York. Mr. Speaker, will the gentleman yield?
  Mr. GEORGE MILLER of California. I yield to the gentleman from New 
York.
  Mr. KUHL of New York. Mr. Speaker, it is my understanding that the 
appropriations for these particular programs don't expire for another 
several months.
  Mr. GEORGE MILLER of California. I reclaim my time and would just say 
that this amendment was never offered in committee, it was never taken 
to the Rules Committee. This is sort of a ``gotcha.'' But, 
unfortunately, it dramatically impacts the timetable for this bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Pursuant to section 2 of House Resolution 
1015, further proceedings on the bill will be postponed.

                          ____________________