H.Amdt. 811House110th Congress (2007-2009)

An amendment adding sense of Congress language as contained in the Lewis (CA) motion to recommit with instructions.

Submitted September 26, 2007

Description

Amendment adds sense of Congress language as contained in the Lewis (CA) motion to recommit with instructions.

Text

Offered

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

CONTINUING APPROPRIATIONS, FISCAL YEAR 2008

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 677, I call up
the joint resolution (H.J. Res. 52) making continuing appropriations
for the fiscal year 2008, and for other purposes, and ask for its
immediate consideration.
  The Clerk read the title of the joint resolution.
  The text of House Joint Resolution 52 is as follows:

                              H.J. Res. 52

       Resolved by the Senate and House of Representatives of the
     United States of America in Congress assembled, That the
     following sums are hereby appropriated, out of any money in
     the Treasury not otherwise appropriated, and out of
     applicable corporate or other revenues, receipts, and funds,
     for the several departments, agencies, corporations, and
     other organizational units of Government for fiscal year
     2008, and for other purposes, namely:
       Sec. 101. Such amounts as may be necessary, at a rate for
     operations as provided in the applicable appropriations Acts
     for fiscal year 2007 and under the authority and conditions
     provided in such Acts, for continuing projects or activities
     (including the costs of direct loans and loan guarantees)
     that are not otherwise specifically provided for in this
     joint resolution, that were conducted in fiscal year 2007,
     and for which appropriations, funds, or other authority were
     made available in the following appropriations Acts:
       (1) The Department of Defense Appropriations Act, 2007
     (division A of Public Law 109-289).
       (2) The Department of Homeland Security Appropriations Act,
     2007 (Public Law 109-295).
       (3) The Continuing Appropriations Resolution, 2007
     (division B of Public Law 109-289, as amended by Public Law
     110-5).
       Sec. 102. (a) No appropriation or funds made available or
     authority granted pursuant to section 101 for the Department
     of Defense shall be used for (1) the new production of items
     not funded for production in fiscal year 2007 or prior years;
     (2) the increase in production rates above those sustained
     with fiscal year 2007 funds; or (3) the initiation,
     resumption, or continuation of any project, activity,
     operation, or organization (defined as any project,
     subproject, activity, budget activity, program element, and
     subprogram within a program element, and for any investment
     items defined as a P-1 line item in a budget activity within
     an appropriation account and an R-1 line item that includes a
     program element and subprogram element within an
     appropriation account) for which appropriations, funds, or
     other authority were not available during fiscal year 2007.
       (b) No appropriation or funds made available or authority
     granted pursuant to section 101 for the Department of Defense
     shall be used to initiate multi-year procurements utilizing
     advance procurement funding for economic order quantity
     procurement unless specifically appropriated later.
       (c) Notwithstanding this section, the Secretary of Defense
     may, following notification of the congressional defense
     committees, initiate projects or activities required to be
     undertaken for force protection purposes using funds
     available from the Iraq Freedom Fund.
       Sec. 103. Appropriations made by section 101 shall be
     available to the extent and in the manner that would be
     provided by the pertinent appropriations Act.
       Sec. 104. Except as otherwise provided in section 102, no
     appropriation or funds made available or authority granted
     pursuant to section 101 shall be used to initiate or resume
     any project or activity for which appropriations, funds, or
     other authority were not available during fiscal year 2007.
       Sec. 105. Appropriations made and authority granted
     pursuant to this joint resolution shall cover all obligations
     or expenditures incurred for any project or activity during
     the period for which funds or authority for such project or
     activity are available under this joint resolution.
       Sec. 106. Unless otherwise provided for in this joint
     resolution or in the applicable appropriations Act for fiscal
     year 2008, appropriations and funds made available and
     authority granted pursuant to this joint resolution shall be
     available until whichever of the following first occurs: (1)
     the enactment into law of an appropriation for any project or
     activity provided for in this joint resolution;

[[Page H10914]]

     (2) the enactment into law of the applicable appropriations
     Act for fiscal year 2008 without any provision for such
     project or activity; or (3) November 16, 2007.
       Sec. 107. Expenditures made pursuant to this joint
     resolution shall be charged to the applicable appropriation,
     fund, or authorization whenever a bill in which such
     applicable appropriation, fund, or authorization is contained
     is enacted into law.
       Sec. 108. Appropriations made and funds made available by
     or authority granted pursuant to this joint resolution may be
     used without regard to the time limitations for submission
     and approval of apportionments set forth in section 1513 of
     title 31, United States Code, but nothing in this joint
     resolution may be construed to waive any other provision of
     law governing the apportionment of funds.
       Sec. 109. Notwithstanding any other provision of this joint
     resolution, except section 106, for those programs that would
     otherwise have high initial rates of operation or complete
     distribution of appropriations at the beginning of fiscal
     year 2008 because of distributions of funding to States,
     foreign countries, grantees, or others, such high initial
     rates of operation or complete distribution shall not be
     made, and no grants shall be awarded for such programs funded
     by this joint resolution that would impinge on final funding
     prerogatives.
       Sec. 110. This joint resolution shall be implemented so
     that only the most limited funding action of that permitted
     in the joint resolution shall be taken in order to provide
     for continuation of projects and activities.
       Sec. 111. (a) For entitlements and other mandatory payments
     whose budget authority was provided in appropriations Acts
     for fiscal year 2007, and for activities under the Food Stamp
     Act of 1977, activities shall be continued at the rate to
     maintain program levels under current law, under the
     authority and conditions provided in the applicable
     appropriations Act for fiscal year 2007, to be continued
     through the date specified in section 106(3).
       (b) Notwithstanding section 106, obligations for mandatory
     payments due on or about the first day of any month that
     begins after October 2007 but not later than 30 days after
     the date specified in section 106(3) may continue to be made,
     and funds shall be available for such payments.
       Sec. 112. Amounts made available under section 101 for
     civilian personnel compensation and benefits in each
     department and agency may be apportioned up to the rate for
     operations necessary to avoid furloughs within such
     department or agency, consistent with the applicable
     appropriations Act for fiscal year 2007, except that such
     authority provided under this section shall not be used until
     after the department or agency has taken all necessary
     actions to reduce or defer non-personnel-related
     administrative expenses.
       Sec. 113. Funds appropriated by this joint resolution may
     be obligated and expended notwithstanding section 10 of
     Public Law 91-672 (22 U.S.C. 2412), section 15 of the State
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
     section 313 of the Foreign Relations Authorization Act,
     Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
     504(a)(1) of the National Security Act of 1947 (50 U.S.C.
     414(a)(1)).
       Sec. 114. Notwithstanding section 20106 of the Continuing
     Appropriations Resolution, 2007 (division B of Public Law
     109-289, as amended by Public Law 110-5), the Secretary of
     Agriculture is authorized to enter into or renew contracts
     under section 521(a)(2) of the Housing Act of 1949 (42 U.S.C.
     1490a(a)(2)) for 1 year.
       Sec. 115. The authority provided by section 3a of the Act
     of March 3, 1927 (commonly known as the ``Cotton Statistics
     and Estimates Act'') (7 U.S.C. 473a) shall continue in effect
     through the date specified in section 106(3) of this joint
     resolution.
       Sec. 116. The authority of the Secretary of Agriculture to
     carry out the adjusted gross income limitation contained in
     section 1001D of the Food Security Act of 1985 (7 U.S.C.
     1308-3a) shall continue through the end of the period
     specified in subsection (e) of such section or the date
     specified in section 106(3) of this joint resolution,
     whichever occurs later.
       Sec. 117. The provisions of title VIII of the Departments
     of Commerce, Justice, and State, the Judiciary, and Related
     Agencies Appropriations Act, 2005 (Public Law 108-447,
     division B) that apply during fiscal year 2007 shall continue
     to apply through the date specified in section 106(3) of this
     joint resolution.
       Sec. 118. The authority provided by section 1202 of the
     National Defense Authorization Act for Fiscal Year 2006
     (Public Law 109-163) shall continue in effect through the
     earlier of the date of enactment of the National Defense
     Authorization Act for Fiscal Year 2008 or the date specified
     in section 106(3) of this joint resolution.
       Sec. 119. The authority provided by section 1477(d) of
     title 10, United States Code, as amended by section 3306 of
     Public Law 110-28, shall continue in effect through the date
     of enactment of the National Defense Authorization Act for
     Fiscal Year 2008.
       Sec. 120. The authority provided by section 1208 of the
     Ronald W. Reagan National Defense Authorization Act for
     Fiscal Year 2005 (Public Law 108-375) shall continue in
     effect through the earlier of the date of enactment of the
     National Defense Authorization Act for Fiscal Year 2008 or
     the date specified in section 106(3) of this joint
     resolution.
       Sec. 121. The authority provided by section 1022 of the
     National Defense Authorization Act for Fiscal Year 2004
     (Public Law 108-136), as amended by section 1022 of the
     National Defense Authorization Act for Fiscal Year 2006
     (Public Law 109-163), shall continue in effect through the
     earlier of the date of enactment of the National Defense
     Authorization Act for Fiscal Year 2008 or the date specified
     in section 106(3) of this joint resolution.
       Sec. 122. The authority provided by section 1051a of title
     10, United States Code, shall continue in effect through the
     earlier of the date of enactment of the National Defense
     Authorization Act for Fiscal Year 2008 or the date specified
     in section 106(3) of this joint resolution.
       Sec. 123. (a) Notwithstanding any other provision of law or
     this joint resolution, and in addition to amounts otherwise
     made available by this joint resolution, there is
     appropriated $5,200,000,000 for a ``Mine Resistant Ambush
     Protected Vehicle Fund'', to remain available until September
     30, 2008.
       (b) The funds provided by subsection (a) shall be available
     to the Secretary of Defense to continue technological
     research and development and upgrades, to procure Mine
     Resistant Ambush Protected vehicles and associated support
     equipment, and to sustain, transport, and field Mine
     Resistant Ambush Protected vehicles.
       (c)(1) The Secretary of Defense shall transfer funds
     provided by subsection (a) to appropriations for operation
     and maintenance; procurement; and research, development, test
     and evaluation to accomplish the purposes specified in
     subsection (b). Such transferred funds shall be merged with
     and be available for the same purposes and for the same time
     period as the appropriation to which they are transferred.
       (2) The transfer authority provided by this subsection
     shall be in addition to any other transfer authority
     available to the Department of Defense.
       (3) The Secretary of Defense shall, not less than 5 days
     prior to making any transfer under this subsection, notify
     the congressional defense committees in writing of the
     details of the transfer.
       (d) The amount provided by this section is designated as an
     emergency requirement and necessary to meet emergency needs
     pursuant to subsections (a) and (b) of section 204 of S. Con.
     Res. 21 (110th Congress), the concurrent resolution on the
     budget for fiscal year 2008.
       Sec. 124. Section 14704 of title 40, United States Code,
     shall be applied by substituting the date specified in
     section 106(3) of this joint resolution for ``October 1,
     2007''.
       Sec. 125. Section 382N of the Consolidated Farm and Rural
     Development Act (7 U.S.C. 2009aa-13) shall be applied by
     substituting the date specified in section 106(3) of this
     joint resolution for ``October 1, 2007''.
       Sec. 126. Of the funds made available to the Department of
     Energy under this joint resolution, $484,000 may be
     transferred to another agency for carrying out the provisions
     of division C of Public Law 108-324. Funds so transferred
     shall be refunded to the Department after passage of the
     regular appropriations Act for that agency.
       Sec. 127. (a) In addition to the amounts otherwise provided
     under section 101, an additional amount is available under
     ``General Services Administration--Operating Expenses
     Account'', at a rate for operations of $4,340,000, for the
     costs of agency activities transferred to the Civilian Board
     of Contract Appeals pursuant to section 847 of the National
     Defense Authorization Act for Fiscal Year 2006 (Public Law
     109-163).
       (b) For purposes of section 101, the rate for operations
     for each of the accounts from which funds were transferred in
     fiscal year 2007 pursuant to section 847(b) of the National
     Defense Authorization Act for Fiscal Year 2006 (Public Law
     109-163; 41 U.S.C. 607 note) is reduced by an amount equal to
     the annualized level of the funds transferred.
       Sec. 128. Notwithstanding any other provision of this joint
     resolution, except section 106, the District of Columbia may
     expend local funds for programs and activities under the
     heading ``District of Columbia Funds'' for such programs and
     activities under title IV of H.R. 2829 (110th Congress), as
     passed by the House of Representatives, at the rate set forth
     under ``District of Columbia Funds--Summary of Expenses'' as
     included in the Fiscal Year 2008 Proposed Budget and
     Financial Plan submitted to the Congress by the District of
     Columbia on June 7, 2007, as amended on June 29, 2007.
       Sec. 129. Section 403(f) of the Government Management
     Reform Act of 1994 (Public Law 103-356; 31 U.S.C. 501 note)
     shall be applied by substituting the date specified in
     section 106(3) of this joint resolution for ``October 1,
     2006''.
       Sec. 130. Section 204(e) of the Veterans Benefits
     Improvement Act of 2004 (Public Law 108-454; 38 U.S.C. 4301
     note) shall be applied by substituting the date specified in
     section 106(3) of this joint resolution for ``September 30,
     2007''.
       Sec. 131. Any funds made available pursuant to section 101
     for United States Customs and Border Protection may be
     obligated to support hiring, training, and equipping of new
     border patrol agents at a rate for operations not exceeding
     that necessary to sustain the numbers of new border patrol
     agents hired, trained, and equipped in the final quarter of
     fiscal year 2007. The Commissioner of United States Customs
     and Border Protection shall notify the Committees on
     Appropriations of the House of Representatives and the Senate
     on each use of the authority provided in this section.

[[Page H10915]]

       Sec. 132. The Secretary of Homeland Security may continue,
     through the date specified in section 106(3) of this joint
     resolution, to obligate funds at the rate the Secretary
     determines necessary to maintain not more than the average
     monthly number of detention bed spaces in use during
     September 2007 at detention facilities operated or contracted
     by the Department of Homeland Security.
       Sec. 133. During the period specified in section 106 of
     this joint resolution, section 517(b) of Public Law 109-295
     shall not be in effect.
       Sec. 134. Section 105(f)(1)(B)(ix) of the Compact of Free
     Association Amendments Act of 2003 (48 U.S.C.
     1921d(f)(1)(B)(ix)) shall be applied by substituting the date
     specified in section 106(3) of this joint resolution for
     ``the end of fiscal year 2007''.
       Sec. 135. (a) Activities authorized by chapters 2, 3, 5,
     and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et
     seq.) shall continue through the date specified in section
     106(3) of this joint resolution.
       (b) Notwithstanding any other provision of this joint
     resolution, except section 106, there is appropriated to
     carry out chapter 6 of title II of the Trade Act of 1974 (19
     U.S.C. 2401 et seq.) $5,000,000.
       Sec. 136. (a) Appropriation for CHIP Program.--
       (1) In general.--Notwithstanding any other provision of
     this joint resolution, there is hereby appropriated, out of
     any money in the Treasury not otherwise appropriated for
     fiscal year 2008, $5,000,000,000 for purposes of providing
     allotments to States, the District of Columbia, and
     commonwealths and territories under section 2104 of the
     Social Security Act (42 U.S.C. 1397dd), and, in addition,
     $40,000,000 for the purpose of providing additional
     allotments under subsection (c)(4)(A) of such section.
       (2) Availability.--Funds made available from any allotment
     under subsection (b) shall not be available for obligation
     for child health assistance for items and services furnished
     after the termination date specified in section 106(3) of
     this joint resolution, or, if earlier, the date of the
     enactment of an Act that provides funding for fiscal year
     2008 and for one or more subsequent fiscal years for the
     Children's Health Insurance Program under title XXI of the
     Social Security Act.
       (b) Allotments.--Notwithstanding any other provision of
     this joint resolution, the Secretary of Health and Human
     Services shall make allotments to States, the District of
     Columbia, and commonwealths and territories under section
     2104 of the Social Security Act (42 U.S.C. 1397dd) from the
     amounts appropriated under subsection (a) for the entire
     fiscal year 2008.
       (c) Redistribution of Unused Fiscal Year 2005 Allotments to
     States With Estimated Funding Shortfalls for Fiscal Year
     2008.--Section 2104 of the Social Security Act (42 U.S.C.
     1397dd) is amended by adding at the end the following new
     subsection:
       ``(i) Redistribution of Unused Fiscal Year 2005 Allotments
     to States With Estimated Funding Shortfalls for Fiscal Year
     2008.--
       ``(1) In general.--Notwithstanding subsection (f) and
     subject to paragraphs (3) and (4), with respect to months
     beginning during fiscal year 2008, the Secretary shall
     provide for a redistribution under such subsection from the
     allotments for fiscal year 2005 under subsection (b) that are
     not expended by the end of fiscal year 2007, to a fiscal year
     2008 shortfall State described in paragraph (2), such amount
     as the Secretary determines will eliminate the estimated
     shortfall described in such paragraph for such State for the
     month.
       ``(2) Fiscal year 2008 shortfall state described.--A fiscal
     year 2008 shortfall State described in this paragraph is a
     State with a State child health plan approved under this
     title for which the Secretary estimates, on a monthly basis
     using the most recent data available to the Secretary as of
     such month, that the projected expenditures under such plan
     for such State for fiscal year 2008 will exceed the sum of--
       ``(A) the amount of the State's allotments for each of
     fiscal years 2006 and 2007 that was not expended by the end
     of fiscal year 2007; and
       ``(B) the amount of the State's allotment for fiscal year
     2008.
       ``(3) Funds redistributed in the order in which states
     realize funding shortfalls.--The Secretary shall redistribute
     the amounts available for redistribution under paragraph (1)
     to fiscal year 2008 shortfall States described in paragraph
     (2) in the order in which such States realize monthly funding
     shortfalls under this title for fiscal year 2008. The
     Secretary shall only make redistributions under this
     subsection to the extent that there are unexpended fiscal
     year 2005 allotments under subsection (b) available for such
     redistributions.
       ``(4) Proration rule.--If the amounts available for
     redistribution under paragraph (1) are less than the total
     amounts of the estimated shortfalls determined for the month
     under that paragraph, the amount computed under such
     paragraph for each fiscal year 2008 shortfall State for the
     month shall be reduced proportionally.
       ``(5) Retrospective adjustment.--The Secretary may adjust
     the estimates and determinations made to carry out this
     subsection as necessary on the basis of the amounts reported
     by States not later than November 30, 2007, on CMS Form 64 or
     CMS Form 21, as the case may be, and as approved by the
     Secretary.
       ``(6) 1-year availability; no further redistribution.--
     Notwithstanding subsections (e) and (f), amounts
     redistributed to a State pursuant to this subsection for
     fiscal year 2008 shall only remain available for expenditure
     by the State through September 30, 2008, and any amounts of
     such redistributions that remain unexpended as of such date,
     shall not be subject to redistribution under subsection
     (f).''.
       (d) Extending Authority for Qualifying States To Use
     Certain Funds for Medicaid Expenditures.--Section
     2105(g)(1)(A) of such Act (42 U.S.C. 1397ee) is amended by
     striking ``or 2007'' and inserting ``2007, or 2008''.
       (e) Applicability.--The amendments made by subsection (c)
     and (d) shall be in effect through the date specified in
     section 106(3) of this joint resolution or, if earlier, the
     date of the enactment of an Act that provides funding for
     fiscal year 2008 and for one or more subsequent fiscal years
     for the Children's Health Insurance Program under title XXI
     of the Social Security Act.
       Sec. 137. Notwithstanding any other provision of this joint
     resolution, there is appropriated for payment to Susan
     Thomas, widow of Craig Thomas, late a Senator from the State
     of Wyoming, $165,200, and for payment to Karen L. Gillmor,
     widow of Paul E. Gillmor, late a Representative from the
     State of Ohio, $165,200.
       Sec. 138. The Secretary of Veterans Affairs shall carry out
     subparagraph (B) of section 1710(f)(2) of title 38, United
     States Code, and subparagraph (E) of section 1729(a)(2) of
     such title by substituting the date specified in section
     106(3) of this joint resolution for the date specified in
     each such subparagraph.
       Sec. 139. Notwithstanding section 101, amounts are provided
     for ``Department of Defense Base Closure Account 2005'' at a
     rate for operations of $5,626,223,000.
       Sec. 140. Notwithstanding any other provision of this joint
     resolution, except section 106, the Department of Veterans
     Affairs may expend funds for programs and activities under
     the heading ``Information Technology Systems'' for pay and
     associated cost for operations and maintenance associated
     staff.
       Sec. 141. Notwithstanding any other provision of this joint
     resolution, except section 106, in addition to the amount
     made available for fiscal year 2008 to carry out section 3674
     of title 38, United States Code, there is appropriated to
     carry out that section an additional amount equal to
     $6,000,000 multiplied by the ratio of the number of days
     covered by this joint resolution to 366.
       Sec. 142. Notwithstanding section 235(a)(2) of the Foreign
     Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority
     of subsections (a) through (c) of section 234 of such Act
     shall remain in effect through the date specified in section
     106(3) of this joint resolution.
       Sec. 143. Notwithstanding section 101, amounts are provided
     for ``Department of State--Administration of Foreign
     Affairs--Diplomatic and Consular Programs'' at a rate for
     operations of $4,435,013,000, of which not less than
     $778,449,000 shall be for worldwide security upgrades.
       Sec. 144. The provisions of title II of the McKinney-Vento
     Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall
     continue in effect, notwithstanding section 209 of such Act,
     through the earlier of (1) the date specified in section
     106(3) of this joint resolution; or (2) the date of enactment
     of an authorization Act relating to the McKinney-Vento
     Homeless Assistance Act.
       Sec. 145. Funds made available under section 101 for the
     National Transportation Safety Board shall include amounts
     necessary to make lease payments due in fiscal year 2008
     only, on an obligation incurred in 2001 under a capital
     lease.
       Sec. 146. Notwithstanding the limitation in the first
     sentence of section 255(g) of the National Housing Act (12
     U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
     Development may, until the date specified in section 106(3)
     of this joint resolution, insure and may enter into
     commitments to insure mortgages under section 255 of the
     National Housing Act (12 U.S.C. 1715z-20(g)).
       Sec. 147. Section 24(o) of the United States Housing Act of
     1937 (42 U.S.C. 1437v(o)) shall be applied by substituting
     the date specified in section 106(3) of this joint resolution
     for ``September 30, 2007''.
       Sec. 148. (a) Section 48103(4) of title 49, United States
     Code, shall be applied (1) by substituting the amount
     specified in such section with an amount that equals
     $3,675,000,000 multiplied by the ratio of the number of days
     covered by this joint resolution to 366; and (2) by
     substituting the fiscal year specified in such section with
     the period beginning October 1, 2007, through the date
     specified in section 106(3) of this joint resolution.
       (b) Section 47104(c) of title 49, United States Code, shall
     be applied by substituting ``2008'' for ``2007''.
       (c) Nothing in this section shall affect the availability
     of any balances of contract authority provided under section
     48103 of title 49, United States Code, for fiscal year 2007
     and any prior fiscal year.
       Sec. 149. (a) Sections 4081(d)(2)(B), 4261(j)(1)(A)(ii),
     4271(d)(1)(A)(ii), 9502(d)(1), and 9502(f)(2) of the Internal
     Revenue Code of 1986 shall each be applied by substituting
     the date specified in section 106(3) of this joint resolution
     for ``September 30, 2007'' or ``October 1, 2007'', as the
     case may be.
       (b) Subparagraph (A) of section 9502(d)(1) of the Internal
     Revenue Code of 1986 is amended by inserting ``or any joint
     resolution making continuing appropriations for the fiscal
     year 2008'' before the semicolon at the end.


[[Page H10916]]


  The SPEAKER pro tempore. Pursuant to House Resolution 677, the
gentleman from Wisconsin (Mr. Obey) and the gentleman from California
(Mr. Lewis) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on House Joint Resolution 52.
  The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
  There was no objection.
  Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, this resolution keeps government functioning until
Congress and the President can make final decisions on appropriation
issues for fiscal year 2008. It is a clean CR. It funds all departments
at last year's level. The only exception is a $5.2 billion
appropriation for MRAPs, which are essential to protect our troops. It
expires November 16. I ask Members to do the responsible thing and vote
``aye.''
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, the chairman of the committee
often talks about thoughts and wisdom of Archie the cockroach, but
today I am reminded of the words of Yogi Berra, ``It's deja vu all over
again.''
  It was 1 year ago that the House passed the first of several
continuing resolutions to ensure the continuation of government-funded
programs in the new fiscal year.
  My friend, David Obey, came to the floor as the ranking member during
the debate to criticize Republicans in the House and the Senate for
their failure to pass the annual spending bills by the end of the
fiscal year. He spoke of the breakdown of the budget process and vowed
that things would be different under a Democrat majority.
  We are now 4 days away from the end of the fiscal year, and once
again the ranking member of the Appropriations Committee is on the
floor decrying the breakdown of regular order. The only difference is
that David Obey is now Chairman Obey and I am a mere struggling
committee ranking member.
  At this time last year, we had sent President Bush two appropriations
conference reports. This year, not one appropriations conference
meeting has taken place between the two bodies, even though there are
bills available.
  When we passed the first CR last year, my hope was it would provide
strong motivation for Congress to complete its work in regular order. I
was hopeful that our colleagues in the Senate would complete their work
so we could send to the White House the remaining individual conference
reports before the end of our legislative session.
  I come to the floor today with the same hopeful expectation that the
Senate will soon complete its work. But, based on recent history, I'm
not holding my breath.
  My appropriations colleague, Senator Cochran of Mississippi, could
not have been a better partner as we attempted to bring regular order
to the appropriations process. Unfortunately, Chairman Cochran was
poorly served by his own leadership.
  The breakdown of regular order in the last Congress, indeed the
failure to get our bills done, was placed squarely at the feet of the
former Senate majority leader who failed to schedule floor time for the
consideration of appropriations bills. One year later, the failure of
the appropriations process can be laid squarely at the feet of the
present Senate majority leader.
  The House has passed each of its spending bills; and, while I believe
these bills spend too much, the House Appropriations Committee has kept
its word by completing its work.
  During my tenure as chairman, the Appropriations Committee was
strongly committed to bringing to the floor individual conference
reports for each and every bill. I did not then support, and do not now
support, an omnibus spending bill in any form. But that is exactly the
direction in which the Democrat majority is now moving.
  I am convinced that moving bills individually is the only way for us
to control government spending. Lacking regular order, there is a
tendency for spending on the remaining bills to grow out of control.
That challenge is particularly acute this year with the Democrat
majority writing and passing spending bills that exceed the President's
budget request by about $23 billion.
  We are today passing a CR that continues for the next 6 weeks Federal
programs under the terms and conditions established in the 2007 fiscal
year resolution.
  In 6 weeks, I am afraid we will be here once again to pass yet
another continuing resolution, and that will lead us well into the
free-spending holiday season.
  My colleagues, we are moving ever closer to a massive year-end
omnibus spending bill. That course of action would be an admission of
failure on the part of this Congress.
  At this moment, there is still time for Democrats and Republicans to
find common ground on spending. There is still time for the House and
the Senate to complete its work in regular order. There is still time
to pass and send to the White House individual conference reports. But
we must act now.
  I would like to close by quoting my friend, Mr. Obey, from a past
continuing resolution debate: ``This continuing resolution is a
monument to institutional failure. This Congress is failing to meet
even the most basic and minimal expectations that the country has for
it by way of doing our routine business. This is governing in a pitiful
way,'' Mr. Obey said, ``and I wish that I could say something more
positive about it, but, indeed, I cannot.''
  Mr. Speaker, and I would say, ``Madam Speaker,'' if I could find the
gentlelady on the floor, ``Madam Speaker, this is deja vu all over
again.''
  I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me recite a slightly different version of recent
history with respect to appropriation bills.
  After 12 years of rule by the Republican Party, the American people
gave the Democratic Party the privilege of moving into the majority in
the last election. We were sworn in on January 4. At that point, not a
single domestic appropriation bill had been passed by the previous
Congress.
  So before we could move to our own business for this year, we had to
first clean up the unfinished business left by the previous Republican-
controlled Congress. That took us 6 weeks. And in 6 weeks we passed the
entire domestic budget; and, at the time we did that, we eliminated all
earmarks.
  Then we also set about to implement the earmark reform process which
was spoken for by both political parties in this House. That took us an
extra 3 weeks. During that time, we ramped up the number of hearings
and the intensity of congressional oversight; and by the end of the
hearing process we had doubled the number of hearings held by the
previous Congress and restored a much more tenacious set of oversight
habits.
  We also were forced to confront the President on Iraq because of the
unraveling situation in that misbegotten war. And we also, as we tried
to pass our appropriation bills, had to endure filibuster by amendment
on the part of the minority. They took more than 60 hours above the
amount taken by the minority in the previous year on appropriation
bills.
  Republicans offered 339 amendments to the appropriation bills that we
passed in the House, compared to 172 amendments that were offered by
Democrats when we were in the minority. Despite all of that, we still
managed to pass every single appropriation bill before the August
recess. That is only the second time during the Bush administration
that this House has passed all of its appropriation bills before the
August recess.
  Then those bills went to the Senate; and, as the gentleman indicated,
they ran into considerable trouble. The Senate has passed four bills. I
have asked them to proceed to pass as many additional bills as they
can, and I hope that they do. And, incidentally, when they do bring up
bills, I was told yesterday that you have between two and three hundred
amendments filed to several of the bills, so you face a filibuster by
amendment on the part of the minority in the Senate. As you know, under
Senate rules, debate cannot be shut down unless you have 60 votes,
rather than 50.

[[Page H10917]]

  So that's the record as I see it. The gentleman from California has
recited the record as he sees it. But I would suggest that what is
important is what we do now. Where do we go from here?
  Even as the Senate makes an effort to complete action on its bills, I
would hope that we could shorten the process by sitting down now with
the administration to work out compromises on those bills so that we
don't have to spend the next 6 weeks continuing to define our
differences.

                              {time}  1145

  I'm an old-fashioned legislator, and I believe that the way the
parties ought to proceed is that we first ought to define our
differences and then we ought to resolve them. We've already defined
our differences with the passage of the 12 bills in the House. I doubt
that the Senate bills are going to get any better from our standpoint,
and so it seems to me that time's awasting. It seems to me that we
would best serve the needs of the country if the administration would
be willing to sit down with us now and begin discussions about how we
might reach compromises on these bills so that we can move forward.
  Now, let me make one additional point. The President is asking us to
spend about $200 billion, every dollar of that borrowed, in order to
finance the supplemental for the war in Iraq, and yet he is objecting
to the fact that in the House-passed bills we tried to take about 1/
10th that amount and use it for crucial investments in our country's
future.
  The job of this Congress, the job certainly of this committee, is to
make investments that will benefit the country over the long haul, make
us a stronger country, and make us a stronger society over the next 10
years. We don't believe on this side of the aisle, and I think in fact
we had significant bipartisan agreement if you take a look at the
votes, we don't believe that you accomplish that strengthening of the
country by cutting vocational education by 50 percent, as the President
does in his budget; by eliminating all student aid programs except work
study and Pell Grant, as the President does in his budget; by gutting
education technology grants, as the President does in his budget; by
actually reducing the number of medical research grants at NIH, as the
President does in his budget. I've never had anybody come up to me in
my life and say, ``Obey, why don't you guys in Congress get your act
together and cut cancer research.'' And yet, that's what the Congress
has done the last 2 years. We don't think that ought to happen. So
that's why we depart from the President on that score.
  We also don't think we strengthen the country when we cut special
education by $300 million, and there are a good many Republicans who
agree with that. In fact, Mr. Walsh, the ranking Republican on the
Labor, Health, Education and Social Services Subcommittee, Mr. Walsh,
led the effort to increase the funds that our committee provided for
special education, and I commend him for it.
  We also don't think it's good to cut mental health and drug abuse
funding by $160 million. We don't think that we strengthen the society
or this country when we cut minority health professions training by 66
percent. We don't think that we improve health care for children by
cutting the training of medical personnel in children's hospitals by 63
percent, and we don't think we strengthen rural America by cutting
rural health programs by 54 percent.
  We don't think we help make our communities better and cleaner by
cutting the clean water revolving fund by 37 percent, as the President
does. We don't believe that we meet the needs of our logging industry
and the recreational needs of the American people when we cut the
forest service budget by 15 percent, as the President's budget does.
And we don't believe that we ought to cut housing for disabled
Americans by 47 percent or senior housing by 20 percent. In an age of
high gas prices and high energy prices, we don't believe that we ought
to cut the low-income heating assistance program by 18 percent.
  And let me say that Democrats are not the only ones who believe that.
If you take a look and analyze the votes on the various appropriations
bills that went through the House, you will see that on average we had
65 Republicans who voted with us in support of the appropriations bills
that we sent over to the Senate. In fact, if you average out each of
the rollcalls for each of the bills that passed, you will see that
exactly two-thirds of this body voted for those bills.
  So I think we have established a bipartisan foundation in the House
for moving forward, and I hope this continuing resolution gives us the
necessary time to do that.
  I would hope that the Senate can move forward and complete its work
on a bill-by-bill basis, but frankly, it is immaterial to me whether
the bills are produced one by one or if they are produced in bunches.
What counts is not the form. What counts is the substance. What counts
is whether we make the right investments to make this country stronger
over the long haul. That's our obligation, no matter how we package it.
  So I would once again simply urge the administration to sit down with
us and begin to talk about how, as adults, we can reach a compromise on
these issues.
  The President would have the country believe that we are blowing the
lid outrageously on budgets and pouring money into the domestic budget.
I would suggest that restoring $16 billion in Presidential cuts is
mighty small potatoes in comparison to the $200 billion that he wants
us to spend in Iraq and the $50 billion that he still wants us to
provide for tax cuts for people making a million bucks a year.
  Let me remind the House, Mr. Speaker, that in 1980 the appropriations
for domestic budgets equaled 4.8 percent of our total national income.
Today, they have been reduced to 2.9 percent of our total national
income, and the President's budget would take us, by the year 2012,
down to 2.4 percent of the Nation's income. That means that we would
have cut in half our investments relative to our national wealth. We
would have cut in half those domestic investments since 1980. I don't
believe, and I think there are many in both parties who don't believe,
that that is the way that we build a stronger future for this country.
  So I would simply point out what we have here is an effort on our
part to add about 2 percent to what the President is doing in the area
of education, health care, science, law enforcement and all of that,
and I'd simply suggest that, instead of continuing to talk about it, we
sit down and have some more productive actions; we sit down and try to
work out these differences between us so that we can leave town at a
reasonable time, having completed our action on these bills and having
met our responsibilities to make the investments that will, over the
long haul, make this a stronger country.
  With that, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I just wanted to know if Mr.
Obey wanted to continue speaking or I can yield back my time. I'm ready
to yield back the balance of my time. I just wondered if you were ready
to yield more time.
  Mr. OBEY. I'm ready to yield back.
  Mr. BLUMENAUER. Mr. Speaker, As a result of Republican obstructionism
and the President's threats to veto our Democratic Congress' new
investments in health, the environment and infrastructure, Congress is
being forced to pass a resolution to keep the government operating
beyond next week's end of the fiscal year. Unfortunately, this bill
included money to continue funding the war in Iraq. I have pledged:
``not another dime for the war,'' and voted ``no.'' I will continue to
vote against any appropriations bill that continues military operations
in Iraq.
  At the same time, the motion to condemn Moveon.org was both
irrelevant and hypocritical. It was irrelevant in that it had nothing
to do with the underlying bill and hypocritical because the Republicans
have tolerated, and in some cases encouraged, some of the most savage
Swift-boating of candidates and individuals without ever raising a
voice in protest.
  People have deep concerns about this administration and they have the
right to question the testimony General Petraeus gave before Congress.
The twisted factual basis for some of his statements, which charitably
can only be deemed convoluted, has been made clear in numerous
independent press accounts. I voted ``no,'' choosing not to be a part
of the irrelevance and hypocrisy.
  Mr OBERSTAR. Mr. Speaker, I rise in support of H.J. Res. 52, making
continuing appropriations for fiscal year 2008, and for other

[[Page H10918]]

purposes. H.J. Res. 52 provides continuing appropriations for Federal
programs, including the aviation investment programs.
  H.J. Res. 52 includes a provision extending the Federal Aviation
Administration's Airport Improvement Program, AIP. Specifically,
section 148 of H.J. Res. 52 provided mandatory AIP contract authority
only for the term covered by the Continuing Resolution at a level that,
when annualized, equals the amount of mandatory AIP contract authority
included in the fiscal year 2008 budget baseline.
  The Congressional Budget Office, the House Budget Committee, the
House and Senate Appropriations Committees, the Senate Commerce
Committee, and the Office of Management and Budget all concur that
section 148 provides mandatory contract authority. Moreover, section
148 is a change to a mandatory program and therefore, the amount of
contract authority provided by the Continuing Resolution will
ultimately be rebased in the baseline and put on the mandatory side of
the budget. The baseline for the AIP program will remain mandatory.
  Based on my shared understanding that section 148 will not in any way
change the nature of the AIP program, I urge my colleagues to join me
in supporting H.J. Res. 52.
  Mr. LEWIS of California. Mr. Speaker, I yield back the balance of my
time.
  Mr. OBEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 677, the joint resolution is considered
read, and the previous question is ordered.
  The question is on the engrossment and third reading of the joint
resolution.
  The joint resolution was ordered to be engrossed and read a third
time, and was read the third time.


         Motion to Recommit Offered by Mr. Lewis of California

  Mr. LEWIS of California. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the resolution?
  Mr. LEWIS of California. Mr. Speaker, I am certainly in its present
form.
  Mr. OBEY. Mr. Speaker, I reserve a point of order.
  The SPEAKER pro tempore. A point of order is reserved.
  The Clerk will report the motion to recommit.
  The Clerk read as follows:

       Mr. Lewis moves to recommit House Joint Resolution 52 to
     the Committee on Appropriations with instructions to report
     the same back to the House forthwith with the following
     amendment:
       At the end of the joint resolution, insert the following
     section:
       Sec. 150. (a) Congress makes the following findings:
       (1) General David H. Petraeus was confirmed by a unanimous
     vote of 8l-0 in the Senate on January 26, 2007, to be the
     Commander of the Multi-National Forces--Iraq;
       (2) General David H. Petraeus assumed command of the Multi-
     National Forces--Iraq on February 10, 2007;
       (3) General David H. Petraeus previously served in
     Operation Iraqi Freedom as the Commander of the Multi-
     National Security Transition Command--Iraq, as the Commander
     of the NATO Training Mission--Iraq, and as Commander of the
     101st Airborne Division (Air--Assault) during the first year
     of combat operations in Iraq;
       (4) General David H. Petraeus has received numerous awards
     and distinctions during his career, including the Defense
     Distinguished Service Medal, two awards of the Distinguished
     Service Medal, two awards of the Defense Superior Service
     Medal, four awards of the Legion of Merit, the Bronze Star
     Medal for valor, the State Department Superior Honor Award,
     the NATO Meritorious Service Medal, and the Gold Award of the
     Iraqi Order of the Date Palm; and
       (5) The leadership of the majority party in both the House
     of Representatives and the Senate implored the American
     people and Members of Congress early in January 2007 to
     listen to the generals on the ground.
       (b) It is the Sense of the Congress that the House of
     Representatives--
       (1) recognizes the service of General David H. Petraeus, as
     well as all other members of the Armed Forces serving in good
     standing, in the defense of the United States and the
     personal sacrifices made by General Petraeus and his family,
     and other members of the Armed Forces and their families, to
     serve with distinction and honor;
       (2) commits to judge the merits of the sworn testimony of
     General David H. Petraeus without prejudice or personal bias,
     including refraining from unwarranted personal attacks;
       (3) condemns in the strongest possible terms the personal
     attacks made by the advocacy group MoveOn.org impugning the
     integrity and professionalism of General David H.Petraeus;
       (4) honors all members of the Armed Forces and civilian
     personnel serving in harm's way, as well as their families;
     and
       (5) pledges to debate any supplemental funding request or
     any policy decisions regarding the war in Iraq with the
     solemn respect and the commitment to intellectual integrity
     that the sacrifices of these members of the Armed Forces and
     civilian personnel deserve.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Lewis) is recognized for 5 minutes in support of his
motion.
  Mr. LEWIS of California. Mr. Speaker, this simple motion is to
recommend or recommit. It is a sense of the Congress resolution that
recognizes the service of General David Petraeus as well as all other
members of our Armed Forces. It expresses our appreciation for his
personal sacrifices and those of his family as well as the sacrifices
of those who served in the Armed Forces and their families.

                              {time}  1200

  Further, this sense of the Congress resolution condemns, in the
strongest possible terms, the unfair personal attacks made by the
advocacy group, MoveOn.org, on the character, integrity and
professionalism of General David Patraeus. Such unwarranted attacks
should be strongly condemned by Republicans and Democrats alike in the
House.
  I strongly urge a ``yea'' vote on the motion to recommit.
  Mr. Speaker, I yield back the balance of my time.
  Mr. OBEY. Mr. Speaker, I ask unanimous consent to claim the time in
opposition.
  The SPEAKER pro tempore. Does the gentleman withdraw his reservation?
  Mr. OBEY. Yes, I do.
  The SPEAKER pro tempore. Without objection, the gentleman from
Wisconsin is recognized for 5 minutes.
  There was no objection.
  Mr. OBEY. Mr. Speaker, I want to urge support for this motion. As
those in this House who know me well understand, I come from the State
of Joe McCarthy. And one of the reasons that I changed political
parties, because I grew up in a Republican family, is because I saw
what the local McCarthy supporters did to the best teacher I ever had
when they impugned his patriotism by calling him a Bolshevik back
during the McCarthy heyday. And to this day there is nothing that gets
my dander up more than to have someone's patriotism questioned on this
House floor or anywhere else in the political realm. And if I'm going
to get upset when that kind of juvenile activity occurs on the part of
the political right, then I've got an obligation to be equally upset
when that kind of juvenile debate emanates from the left.
  It seems to me that we all ought to recognize that we can have honest
and profound differences with the policy that the general was selling 2
weeks ago without getting personal about it. I think what we ought to
do is accept this motion, vote for it, send the continuing resolution
to the Senate and get on with the business of negotiating out the
content of these appropriation bills so that we can do our duty to the
country.
  I yield back the balance of my time and ask for an ``aye'' vote.
  The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
  Mr. LEWIS of California. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes
the minimum time for any electronic vote on the question of passage.
  The vote was taken by electronic device, and there were--yeas 341,
nays 79, not voting 12, as follows:

                             [Roll No. 910]

                               YEAS--341

     Aderholt
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Baird
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Berkley
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner

[[Page H10919]]


     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Chabot
     Chandler
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Cuellar
     Culberson
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Granger
     Graves
     Green, Gene
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herseth Sandlin
     Higgins
     Hill
     Hobson
     Hodes
     Hoekstra
     Holden
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Israel
     Issa
     Jackson (IL)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Napolitano
     Neugebauer
     Nunes
     Oberstar
     Obey
     Ortiz
     Pascrell
     Pastor
     Paul
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Wu
     Young (AK)
     Young (FL)

                                NAYS--79

     Abercrombie
     Ackerman
     Allen
     Baldwin
     Becerra
     Berman
     Blumenauer
     Brown, Corrine
     Capps
     Capuano
     Castor
     Clarke
     Clay
     Cohen
     Conyers
     Crowley
     Davis (IL)
     DeGette
     Ellison
     Filner
     Frank (MA)
     Green, Al
     Grijalva
     Gutierrez
     Hastings (FL)
     Hinchey
     Hirono
     Holt
     Honda
     Inslee
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Jones (OH)
     Kilpatrick
     Kucinich
     Lee
     Lewis (GA)
     Lofgren, Zoe
     Markey
     Matsui
     McDermott
     McGovern
     Meek (FL)
     Michaud
     Miller (NC)
     Miller, George
     Moore (WI)
     Moran (VA)
     Nadler
     Neal (MA)
     Olver
     Pallone
     Payne
     Price (NC)
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Schakowsky
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Solis
     Stark
     Tierney
     Towns
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wynn
     Yarmuth

                             NOT VOTING--12

     Bachus
     Carson
     Cubin
     Cummings
     Davis, Jo Ann
     Gordon
     Herger
     Hinojosa
     Jindal
     Johnson, E. B.
     Souder
     Sutton

                              {time}  1232

  Mr. BECERRA, Mr. CROWLEY, Ms. SOLIS, Mr. STARK, Ms. BALDWIN, Mr.
McDERMOTT, Ms. DeGETTE, Messrs. TIERNEY, SCOTT of Virginia, MILLER of
North Carolina, ALLEN, RUSH, Ms. CORRINE BROWN of Florida, Messrs. AL
GREEN of Texas, VAN HOLLEN, BERMAN, INSLEE, NEAL of Massachusetts and
SHERMAN changed their vote from ``yea to ``nay.''
  Mr. LINDER, Mrs. TAUSCHER, Mr. PORTER, Mr. BRALEY of Iowa, Mr.
THOMPSON of California, Ms. McCOLLUM of Minnesota and Messrs. PETERSON
of Minnesota, OBERSTAR, BACA, DOGGETT, BUTTERFIELD and LARSON of
Connecticut changed their vote from ``nay'' to ``yea.''
  Mr. COHEN changed his vote from ``present'' to ``nay.''
  So the motion to recommit was agreed to.
  The result of the vote was announced as above recorded.
  Mr. OBEY. Mr. Speaker, pursuant to the instructions of the House on
the motion to recommit, I report H.J. Res. 52 back to the House with an
amendment.
  The SPEAKER pro tempore. The Clerk will report the amendment.
  The Clerk read as follows:

       Amendment:
       At the end of the joint resolution, insert the following
     new section:
       Sec. 150 (a) Congress makes the following findings:
       (1) General David H. Petraeus was confirmed by a unanimous
     vote of 81-0 in the Senate on January 26, 2007, to be the
     Commander of the Multi-National Forces-Iraq;
       (2) General David H. Petraeus assumed command of the Multi-
     National Forces-Iraq on February 10, 2007;
       (3) General David H. Petraeus previously served in
     Operation Iraqi Freedom as the Commander of the Multi-
     National Security Transition Command-Iraq, as the Commander
     of the NATO Training Mission-Iraq, and as Commander of the
     101st Airborne Division (Air Assault) during the first year
     of combat operations in Iraq;
       (4) General David H. Petraeus has received numerous awards
     and distinctions during his career, including the Defense
     Distinguished Service Medal, two awards of the Distinguished
     Service Medal, two awards of the Defense Superior Service
     Medal, four awards of the Legion of Merit, the Bronze Star
     Medal for valor, the State Department Superior Honor Award,
     the NATO Meritorious Service Medal, and the Gold Award of the
     Iraqi Order of the Date Palm; and
       (5) The leadership of the majority party in both the House
     of Representatives and the Senate implored the American
     people and Members of Congress early in January 2007 to
     listen to the generals on the ground.
       (b) It is the Sense of the Congress that the House of
     Representatives--
       (1) recognizes the service of General David H. Petraeus, as
     well as all other members of the Armed Forces serving in good
     standing, in the defense of the United States and the
     personal sacrifices made by General Petraeus and his family,
     and other members of the Armed Forces and their families, to
     serve with distinction and honor;
       (2) commits to judge the merits of the sworn testimony of
     General David H. Petraeus without prejudice or personal bias,
     including refraining from unwarranted personal attacks;
       (3) condemns in the strongest possible terms the personal
     attacks made by the advocacy group MoveOn.org impugning the
     integrity and professionalism of General David H. Petraeus;
       (4) honors all members of the Armed Forces and civilian
     personnel serving in harm's way, as well as their families;
     and
       (5) pledges to debate any supplemental funding request or
     any policy decisions regarding the war in Iraq with the
     solemn respect and the commitment to intellectual integrity
     that the sacrifices of these members of the Armed Forces and
     civilian personnel deserve.
  The SPEAKER pro tempore. 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 joint resolution.
  The joint resolution was ordered to be engrossed and read a third
time, and was read the third time.
  The SPEAKER pro tempore. The question is on the passage of the joint
resolution.
  The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.


                             Recorded Vote

  Mr. LEWIS of California. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 404,
noes 14, not voting 14, as follows:

                             [Roll No. 911]

                               AYES--404

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri

[[Page H10920]]


     Baca
     Bachmann
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
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     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
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     Cooper
     Costa
     Costello
     Courtney
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     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
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     Diaz-Balart, M.
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     Green, Gene
     Grijalva
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     Miller, Gary
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     Mitchell
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     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
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     Neal (MA)
     Neugebauer
     Nunes
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     Rothman
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     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
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     Scott (VA)
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     Wilson (NM)
     Wilson (OH)
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     Wolf
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--14

     Blumenauer
     Clay
     Ellison
     Filner
     Frank (MA)
     Hinchey
     Kucinich
     Lee
     McDermott
     Paul
     Payne
     Waters
     Watson
     Woolsey

                             NOT VOTING--14

     Bachus
     Carson
     Cubin
     Davis, Jo Ann
     Gordon
     Herger
     Hinojosa
     Jindal
     Johnson, E. B.
     LaTourette
     Olver
     Royce
     Souder
     Sutton


                Announcement by the Speaker Pro Tempore

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

                              {time}  1244

  So the joint resolution was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. LaTOURETTE on rollcall No. 911, I was unavoidably detained. Had I
been present, I would have voted ``aye.''

                          ____________________

Legislative Activity

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5 earlier actions
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House amendment offered

September 26, 2007

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Floor

House amendment offered

September 26, 2007

Floor

House amendment agreed to: On agreeing to the Obey amendment (A001) Agreed to by voice vote.

September 26, 2007 • 12:36 PM

Not Used

Amendment agreed to by House: On agreeing to the Obey amendment (A001) Agreed to by voice vote.

September 26, 2007 • 12:36 PM

Not Used

House amendment offered/reported by : Amendment (A001) offered by Mr. Obey.(consideration: CR H10919; text: CR H10919)

September 26, 2007 • 12:34 PM

Floor

Amendment (A001) offered by Mr. Obey. (consideration: CR H10919; text: CR H10919)

September 26, 2007 • 12:34 PM

Floor

On agreeing to the Obey amendment (A001) Agreed to by voice vote.

September 26, 2007 • 12:36 PM