[Congressional Record Volume 150, Number 88 (Wednesday, June 23, 2004)]
[House]
[Pages H4859-H4880]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page H4859]]

House of Representatives

     INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2005--Continued

  The CHAIRMAN. Pursuant to House Resolution 686, the gentleman from 
Ohio (Mr. Kucinich) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, President Bush told the Nation, ``You can't distinguish 
between al Qaeda and Saddam.'' That assertion was one of the key 
justifications for the war in Iraq.
  At the appropriate point in the debate, I shall enter into the Record 
16 similar assertions by leading members of the administration and 
several other relevant documents.
  Those assertions have, like the White House's other claim that Saddam 
Hussein had vast stockpiles of weapons of mass destruction, not found 
substantiation in fact. I quote 27 top-level U.S. diplomats and 
military commanders who have said, ``The administration . . . justified 
the invasion of Iraq . . . by a cynical campaign to persuade the public 
that Saddam Hussein was linked to al Qaeda . . . The evidence did not 
support this argument.''
  One week ago, the 9-11 Commission published staff statement number 15 
entitled ``Overview of the Enemy,'' which found no credible evidence of 
a collaborative relationship between Saddam Hussein and al Qaeda. The 
staff statement was the product of professional people, all of whom 
were jointly appointed by both the Republican chairman and the 
Democratic vice chair of the Commission. Included among these staff 
people are former analysts with the intelligence agencies, 
investigators and academics.
  Instead of accepting the finding of this Commission, which Congress 
and the President established in order to find the definitive answer to 
this and other questions, the Vice President went on national 
television to question the credibility of the Commission. He repeated 
the assertion that the administration has made so many times, and he 
said he ``probably'' has more information than the Commission about 
ties between al Qaeda and Saddam Hussein.
  Does the administration have more information than the Commission, or 
does it not? Is the White House informing the public of substantiated 
facts, or is the White House engaged in what could be called a cynical 
campaign to disinform the American public?
  As the St. Petersburg Times editorial of yesterday stated, ``We don't 
know what information the Vice President is referring to, but we do 
know this: Every important public charge that the White House and its 
supporters did make against Iraq in the months leading up to war, such 
as the purchase of nuclear weapons materials from Africa, meetings 
between al Qaeda and Iraqi operatives in Prague, and mobile biological 
weapons labs in the Iraqi desert, have been discredited . . . The 
bipartisan Commission's credibility isn't in question. The 
administration's is. That is the most important reason for the Vice 
President to come forward and produce the evidence he alluded to.'' 
That is the question the Kucinich-Tauscher amendment seeks to answer.

 Submission by Dennis J. Kucinich in Support of the Kucinich/Tauscher 
                 Amendment to H.R. 4548, June 23, 2004

       The Kucinich/Tauscher amendment has been endorsed by:
       Admiral Stansfield Turner, former DCI 1977-1981;
       Greg Thielmann, former State Department Intelligence 
     official;
       Coleen Rowley, in her personal capacity, former FBI 
     official;
       Ray McGovern, former CIA analyst;
       Gene Betit, former Army Intelligence official;
       Ray Close, former CIA chief of station, Saudi Arabia;
       David MacMichael, former National Intelligence Council 
     analyst;
       Mel Goodman, professor at National War College;
       Col. Patrick Lang, retired U.S. Army Special Forces; 
     Defense Intelligence Officer for the Middle East, at DIA;
       Larry Johnson, former CIA and State Department intelligence 
     analyst;
       Veteran Intelligence Professionals for Sanity (VIPs), 
     Steering Committee;
       Center for American Progress.
                                  ____

       These are just 16 of the many assertions by members of the 
     Administration about the existence of a collaborative, 
     operational relationship between Saddam Hussein and al-Qaeda.
       ``You can't distinguish between al-Qaeda and Saddam.'' 
     President George Bush, White House website (9/26/2002).
       ``He's a threat because he is dealing with al Qaida.'' 
     President George Bush, President Outlines Priorities, White 
     House (11/7/2002).
       ``Saddam Hussein aids and protects terrorists, including 
     members of al Qaeda. Secretly, and without fingerprints, he 
     could provide one of his hidden weapons to terrorists, or 
     help develop their own. . . . Imagine those 19 hijackers with 
     other weapons and other planes--this time armed by Saddam 
     Hussein. It would take one vial, one canister, one crate 
     slipped into this country to bring a day of horror like none 
     we have ever known.'' President George Bush, President 
     Delivers ``State of the Union'', White House (1/28/2003).
       ``Saddam Hussein has longstanding, direct and continuing 
     ties to terrorist networks. . . . Iraq has also provided al 
     Qaeda with chemical and biological weapons training,'' 
     President George Bush, President's Radio Address, White House 
     (2/8/2003).
       ``We've removed an ally of al Qaeda, and cut off a source 
     of terrorist funding,'' President George Bush, President Bush 
     Announces Major Combat Operations in Iraq Have Ended, White 
     House (5/1/2003).
       ``[Iraq] had the capacity to make a weapon and then let 
     that weapon fall into the hands of a shadowy terrorist 
     network.'' President George Bush, Meet the Press (2/8/2004).
       ``His regime has had high-level contacts with al Qaeda 
     going back a decade and has provided training to al Qaeda 
     terrorists.'' Vice President Richard Cheney, Remarks by the 
     Vice President at the Air National Guard Senior Leadership 
     Conference, White House (12/2/2002).
       ``He could decide secretly to provide weapons of mass 
     destruction to terrorists for use

[[Page H4860]]

     against us.'' Vice President Richard Cheney, Vice President's 
     Remarks at 30th Political Action Conference, White House (1/
     30/2003).
       ``We know that he has a long-standing relationship with 
     various terrorist groups, including the al-Qaeda 
     organization.'' Vice President Richard Cheney, Meet the 
     Press, NBC (3/16/2003).
       ``. . . in Iraq we've had a government--not only was it one 
     of the worst dictatorships in modern times, but had 
     oftentimes hosted terrorists in the past . . . but also an 
     established relationship with the al Qaeda organization . . 
     .'' Vice President Richard Cheney, Vice president Dick Cheney 
     Remarks at Luncheon for Congressman Jim Gerlach, White House 
     (10/3/2003).
       ``We'll find ample evidence confirming the link . . . 
     between al Qaida and the Iraqi intelligence services. They 
     have worked together on a number of occasions.'' vice 
     President Richard Cheney, Transcript of interview with Vice 
     President Dick Cheney, Rocky Mountain News (1/9/2004).
       ``I think there's overwhelming evidence that there was a 
     connection between al-Qaeda and the Iraqi government.'' Vice 
     President Richard Cheney, Morning Edition, NPR (1/22/2004).
       ``It is the nexus between an Al-Qaeda type network and 
     other terrorist network and a terrorist state like Saddam 
     Hussein who has that weapons of mass destruction. As we sit 
     here, there are senior Al-Qaeda in Iraq. They are there.'' 
     Secretary of Defense Donald Rumsfeld, Secretary Rumsfeld 
     Interview with Jim Lehrer, PBS (9/18/2002).
       ``We have what we consider to be very reliable reporting of 
     senior-level contacts going back a decade, and of possible 
     chemical- and biological-agent training. And when I say 
     contacts, I mean between Iraq and al Qaeda.'' Secretary of 
     Defense Donald Rumsfeld, Defense Department Regular Briefing, 
     Defense Department (9/26/2002).
       ``They have occurred over a span of some eight or ten years 
     to our knowledge. There are currently al-Qaeda in Iraq.'' 
     Secretary of Defense Donald Rumsfeld, Secretary Rumsfeld Live 
     Interview with Infinity CBS Radio, Infinity-CBS Radio (11/14/
     2002).
       ``The regime plays host to terrorists, including Al Qaida, 
     as the president indicated.'' Secretary of Defense Donald 
     Rumsfeld; Donald Rumsfeld and Richard Myers Hold Regular 
     Defense Department Briefing, Defense Department (1/29/2003).
                                  ____


               Diplomats & Military Commanders for Change


                         the official statement

       The undersigned have held positions of responsibility for 
     the planning and execution of American foreign and defense 
     policy. Collectively, we have served every president since 
     Harry S Truman. Some of us are Democrats, some are 
     Republicans or Independents, many voted for George W. Bush. 
     But we all believe that current Administration policies have 
     failed in the primary responsibilities of preserving national 
     security and providing world leadership. Serious issues are 
     at stake. We need a change.
       From the outset, President George W. Bush adopted an 
     overbearing approach to America's role in the world, relying 
     upon military might and righteousness, insensitive to the 
     concerns of traditional friends and allies, and disdainful of 
     the United Nations. Instead of building upon America's great 
     economic and moral strength to lead other nations in a 
     coordinated campaign to address the causes of terrorism and 
     to stifle its resources, the Administration, motivated more 
     by ideology than by reasoned analysis, struck out on its own. 
     It led the United States into an ill-planned and costly war 
     from which exit is uncertain. It justified the invasion of 
     Iraq by manipulation of uncertain intelligence about weapons 
     of mass destruction, and by a cynical campaign to persuade 
     the public that Saddam Hussein was linked to Al Qaeda and the 
     attacks of September 11. The evidence did not support this 
     argument.
       Our security has been weakened. While American airmen and 
     women, marines, soldiers and sailors have performed 
     gallantly, our armed forces were not prepared for military 
     occupation and nation building. Public opinion polls 
     throughout the world report hostility toward us. Muslim youth 
     are turning to anti-American terrorism. Never in the two and 
     a quarter centuries of our history has the United States been 
     so isolated among the nations, so broadly feared and 
     distrusted. No loyal American would question our ultimate 
     right to act alone in our national interest; but responsible 
     leadership would not turn to unilateral military action 
     before diplomacy had been thoroughly explored.
       The United States suffers from close identification with 
     autocratic regimes in the Muslim world, and from the 
     perception of unquestioning support for the policies and 
     actions of the present Israeli Government. To enhance 
     credibility with Islamic peoples we must pursue courageous, 
     energetic and balanced efforts to establish peace between 
     Israelis and Palestinians, and policies that encourage 
     responsible democratic reforms.
       We face profound challenges in the 21st Century: 
     proliferation of weapons of mass destruction, unequal 
     distribution of wealth and the fruits of globalization, 
     terrorism, environmental degradation, population growth in 
     the developing world, HIV/AIDS, ethnic and religious 
     confrontations. Such problems can not be resolved by military 
     force, nor by the sole remaining superpower alone; they 
     demand patient, coordinated global effort under the 
     leadership of the United States.
       The Bush Administration has shown that it does not grasp 
     these circumstances of the new era, and is not able to rise 
     to the responsibilities of world leadership in either style 
     or substance. It is time for a change.


                              signatories

       The Honorable Avis T. Bohlen: Assistant Secretary of State 
     for Arms Control, 1999; Ambassador to Bulgaria, 1996 
     (District of Columbia).
       Admiral William J. Crowe, USN, Ret.; Chairman, President's 
     Foreign Intelligence Advisory Committee; 1993; Ambassador to 
     the Court of Saint James, 1993; Chairman, Joint Chiefs of 
     Staff, 1985; Commander in Chief, United States Pacific 
     Command (Oklahoma).
       The Honorable Jeffrey S. Davidow; Ambassador to Mexico, 
     1998; Assistant Secretary of State for Inter-American 
     Affairs, 1996; Ambassador to Venezuela, 1993; Ambassador to 
     Zambia, 1988 (Virginia).
       The Honorable William A. DePree; Ambassador to Bangladesh, 
     1987; Director of State Department Management Operations, 
     1983; Ambassador to Mozambique, 1976 (Michigan).
       The Honorable Donald B. Easum; Ambassador to Nigeria, 1975; 
     Assistant Secretary of State for African Affairs, 1974; 
     Ambassador to Upper Volta, 1971 (Virginia).
       The Honorable Charles W. Freeman, Jr.; Assistant Secretary 
     of Defense, International Security Affairs, 1993; Ambassador 
     to the Kingdom of Saudi Arabia, 1989 (Rhode Island).
       The Honorable William C. Harrop; Ambassador to Israel, 
     1991; Ambassador to Zaire, 1987; Inspector General of the 
     State Department and Foreign Service, 1983; Ambassador to 
     Kenya and Seychelles, 1980; Ambassador to Guinea, 1975 (New 
     Jersey).
       The Honorable Arthur A. Hartman; Ambassador to the Soviet 
     Union, 1981; Ambassador to France, 1977; Assistant Secretary 
     of State for European Affairs, 1973 (New Jersey).
       General Joseph P. Hoar, USMC, Ret.: Commander in Chief, 
     United States Central Command, 1991; Deputy Chief of Staff, 
     Marine Corps, 1990; Commanding General, Marine Corps Recruit 
     Depot, Parris Island, 1987 (Massachusetts).
       The Honorable H. Allen Holmes: Assistant Secretary of 
     Defense for Special Operations, 1993; Ambassador at Large for 
     Burdensharing, 1989; Assistant Secretary of State for 
     Politico-Military Affairs, 1986; Ambassador to Portugal, 1982 
     (Kansas).
       The Honorable Robert V. Keeley: Ambassador to Greece, 1985; 
     Ambassador to Zimbabwe, 1980; Ambassador to Mauritius, 1976 
     (Florida).
       The Honorable Samuel W. Lewis: Director of State Department 
     Policy and Planning, 1993; Ambassador to Israel, 1977; 
     Assistant Secretary of State for International Organization 
     Affairs, 1975 (Texas).
       The Honorable Princeton N. Lyman: Assistant Secretary of 
     State for International Organization Affairs, 1997; 
     Ambassador to South Africa, 1992; Director, Bureau of Refugee 
     Programs, 1989; Ambassador to Nigeria, 1986 (Maryland).
       The Honorable Jack F. Matlock, Jr.: Ambassador to the 
     Soviet Union, 1987; Director for European and Soviet Affairs, 
     National Security Council, 1983; Ambassador to 
     Czechoslovakia, 1981 (Florida).
       The Honorable Donald F. McHenry: Ambassador and U.S. 
     Permanent Representative to the United Nations, 1979 
     (Illinois).
       General Merrill A. (Tony) McPeak, USAF, Ret.: Chief of 
     Staff, United States Air Force, 1990; Commander in Chief, 
     Pacific Air Forces, 1988; Commander, 12th Air Force and U.S. 
     Southern Command Air Forces, 1987 (Oregon).
       The Honorable George E. Moose: Representative, United 
     Nations European Office, 1997; Assistant Secretary of State 
     for African Affairs, 1993; Ambassador to Senegal, 1988; 
     Director, State Department Bureau of Management Operations, 
     1987; Ambassador to Benin, 1983 (Colorado).
       The Honorable David D. Newsom: Secretary of State ad 
     interim, 1981; Under Secretary of State for Political 
     Affairs, 1978; Ambassador to the Philippines, 1977; 
     Ambassador to Indonesia, 1973; Assistant Secretary of State 
     for African Affairs, 1969; Ambassador to Libya, 1965 
     (California).
       The Honorable Phyllis E. Oakley: Assistant Secretary of 
     State for Intelligence and Research, 1997; Assistant 
     Secretary of State for Population, Refugees, and Migration, 
     1994 (Nebraska).
       The Honorable Robert Oakley: Special Envoy for Somalia, 
     1992; Ambassador to Pakistan, 1988; Ambassador to Somalia, 
     1982; Ambassador to Zaire, 1979 (Louisiana).
       The Honorable James D. Phillips: Diplomat-in-Residence, the 
     Carter Center of Emory University, 1994; Ambassador to the 
     Republic of Congo, 1990; Ambassador to Burundi, 1986 
     (Kansas).
       The Honorable John E. Reinhardt: Director of the United 
     States Information Agency, 1977; Assistant Secretary of State 
     for Public Affairs, 1975; Ambassador to Nigeria, 1971 
     (Maryland).
       General William Y. Smith, USAF, Ret.: Chief of Staff for 
     Supreme Headquarters Allied Powers Europe, 1979; Assistant to 
     the Chairman, Organization of the Joint Chiefs of Staff, 
     1975; Director of National Security Affairs, Office of the 
     Assistant Secretary of Defense for International Security 
     Affairs, 1974 (Arkansas).
       The Honorable Ronald I. Spiers: Under Secretary General of 
     the United Nations for Political Affairs, 1989; Under 
     Secretary of State

[[Page H4861]]

     for Management, 1983; Ambassador to Pakistan, 1981; Director, 
     State Department Bureau of Intelligence and Research, 1980; 
     Ambassador to Turkey, 1977; Ambassador to The Bahamas, 1973; 
     Director, State Department Bureau of Politico-Military 
     Affairs, 1969 (Vermont).
       The Honorable Michael E. Sterner: Ambassador to the United 
     Arab Emirates, 1974 (New York).
       Admiral Stansfield Turner, USN, Ret.: Director of the 
     Central Intelligence Agency, 1977; Commander in Chief, Allied 
     Forces Southern Europe (NATO), 1975; Commander, U.S. Second 
     Fleet, 1974 (Illinois).
       The Honorable Alexander F. Watson: Assistant Secretary of 
     State for Inter-American Affairs, 1993; Ambassador to Brazil, 
     1992; Deputy Permanent Representative to the United Nations, 
     1989; Ambassador to Peru, 1986 (Maryland).
                                  ____


             [From the St. Petersburg Times, June 22, 2004]

                           Where's the Proof?

       If Vice President Cheney has secret evidence of a link 
     between Saddam Hussein and al-Qaida, he has an obligation to 
     share it with the 9/11 commission.
       President Bush and Vice President Cheney vehemently dispute 
     the 9/11 commission's conclusion that no ``collaborative'' 
     relationship existed between al-Qaida and Saddam Hussein's 
     regime, and the vice president says he ``probably'' has seen 
     incriminating evidence that the commission has not reviewed. 
     If so, the Bush administration has an obligation to share 
     that evidence with the commission immediately. Members of the 
     commission, who were appointed by the president, are cleared 
     to see the most sensitive classified information, and the 
     administration agreed more than a year ago to provide all 
     documents the commission needs to complete its investigation 
     into the worst terrorist attacks in our nation's history. 
     Evidence of a more substantial link between al-Qaida and 
     Hussein wouldn't just bolster the administration's case for 
     having gone to war in Iraq; it also could help to complete 
     the picture of al-Qaida's planning and support prior to 9/11.
       The White House also has an obligation to share any such 
     information with the American people and the world community. 
     We live in a representative democracy, not an autocracy, and 
     our government cannot successfully wage war for reasons that 
     are not understood and supported by the public. We also are 
     dependent on the cooperation of other governments around the 
     world in the war against terrorism, and that support depends 
     on our credibility.
       We don't know what information the vice president is 
     referring to, but we do know this: Every important public 
     charge that the White House and its supporters did make 
     against Iraq in the months leading up to war--such as the 
     purchase of nuclear weapons from Africa, meetings between al-
     Qaida and Iraqi operatives in Prague and mobile biological 
     weapons labs in the Iraqi desert--has been discredited.
       No substantive evidence on the record supports the 
     administration's claim that Iraq presented an immediate 
     threat to U.S. security. Members of the 9/11 commission are 
     understandably reluctant to engage in a semantic argument 
     with the White House over the meaning of a ``collaborative'' 
     relationship, but Thomas Kean, the Republican chairman of the 
     commission, notes that al-Qaida had more substantial links to 
     the governments of Iran and Pakistan prior to 9/11 than it 
     had to Iraq.
       The 9/11 commission's reports have been meticulous, 
     straightforward and persuasive. They have dealt with Iraq 
     only to the extent that allegations about Hussein's possible 
     role in aiding al-Qaida prior to the attacks had to be 
     investigated and put to rest. The bipartisan commission's 
     credibility isn't in question. The administration's is. 
     That's the most important reason for the vice president to 
     come forward and produce the evidence he alluded to.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. Who seeks to control time in opposition to the 
amendment?
  Mr. GOSS. Mr. Chairman, I rise to control the time. I am not in 
opposition to the amendment, but I do have some remarks.
  The CHAIRMAN. Without objection, the gentleman from Florida (Mr. 
Goss) will control the time.
  There was no objection.
  Mr. GOSS. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Illinois (Mr. LaHood).
  Mr. LaHOOD. Mr. Chairman, I rise in support of this amendment, which 
calls for the CIA's Inspector General to submit a report to Congress 
detailing evidence of any relationship between Saddam Hussein's regime 
and al Qaeda prior to September 11, 2001. This report will help augment 
an already public record of such a relationship.
  On November 4, 1998, the U.S. Federal Grand Jury issued an indictment 
against Osama bin Laden alleging that he and others engaged in a long-
term conspiracy to attack U.S. facilities overseas. The same indictment 
states that ``al Qaeda reached an agreement with the government of Iraq 
and that on particular projects, specifically including weapons 
development, al Qaeda would work cooperatively with the government of 
Iraq.''
  I would like to enter at the appropriate time the 1999 indictment 
into the Record.
  An Iraq defector to Turkey told the London Sunday Times that he saw 
bin Laden's fighters in camps in Iraq in 1997. And I would also like to 
enter at the appropriate time the July 14, 2002, London Sunday Times 
article on this issue into the Record.
  In October, 2000, an Iraqi intelligence operative was arrested along 
the Afghan border by Pakistani authorities, according to ``Jane's 
Foreign Report.'' This respected international newsletter reported that 
the operative was shuttling between Iraq intelligence and al Qaeda's 
number two man and that throughout 2003, in the portion of northern 
Iraq loyal to Saddam Hussein, an Ansar al-Islam official admitted to 
Kurdish newspapers that when Ansar al-Islam was established in 2001, al 
Qaeda operatives offered a gift of $300,000 to assist the group in 
conducting suicide operations against Americans.
  An al Qaeda leader went to Iraq after he was injured in Afghanistan 
in May, 2002. Once he recovered, he traveled to Lebanon where he met 
with Hezbollah just before the October, 2002, assassination of USAID 
official Lawrence Foley in Jordan. After Zarqawi's return to Iraq, he 
met with Ansar al-Islam officials in January, 2003, according to 
several AI terrorists arrested in Britain.
  Zarqawi is currently in Iraq taking credit for suicide car bombings 
against innocent Iraqis and coalition forces.
  More recently Abdul Rahman Yasin remains the only member of the al 
Qaeda cell that detonated the 1993 World Trade Center bomb to remain at 
large from the Clinton years. He fled to Iraq where U.S. forces 
recently uncovered a cache of documents in Saddam's hometown of Tikrit 
that show Yasin received both a house and monthly salary from Iraq.
  A 9-11 Commission staff working paper stated that there appears to be 
no evidence that Iraq was linked to the September 11 attacks on the 
United States, but several Commission members have corrected the record 
recently to state that ``The Vice President is saying that there were 
connections between al Qaeda and Saddam Hussein's government. We don't 
disagree with that,'' and that the Commission has ``found contacts 
between al Qaeda and Iraq, that some of it is shadowy, but there is no 
question that the contacts were there.''
  I would like to submit at the appropriate time the transcript of the 
Talk Radio News Service questioning of 9-11 Commission members Hamilton 
and Kean following the hearing of the 9-11 Commission on Thursday, June 
17, 2004.
  Lastly, we should not forget that Iraq was designated as the state 
sponsor of terrorism for more than a decade, including this 
administration as well as previous administrations.
  I urge this amendment be adopted so we can further augment our 
understanding of the nature of any relationship between al Qaeda and 
the Hussein government.

                               Indictment

       In the United States District Court--Southern District of 
     New York, United States of America v. Usama bin laden, 
     Defendant.


 count one--conspiracy to attack defense utilities of the united states

       The Grand Jury charges:

                          Background: Al Qaeda

       1. At all relevant times from in or about 1989 until the 
     date of the filing of this Indictment, an international 
     terrorist group existed which was dedicated to opposing non-
     Islamic governments with force and violence. This 
     organization grew out of the ``mekhtab al khidemat'' (the 
     ``Services Office'') organization which had maintained (and 
     continues to maintain) offices in various parts of the world, 
     including Afghanistan, Pakistan (particularly in Peshawar) 
     and the United States, particularly at the Alkifah Refugee 
     Center in Brooklyn. From in or about 1989 until the present, 
     the group called itself ``Al Qaeda'' (``the Base''). From 
     1989 until in or about 1991, the group was headquartered in 
     Afghanistan and Peshawar, Pakistan. In or about 1992, the 
     leadership of Al Qaeda, including its ``emir'' (or prince) 
     USAMA BIN LADEN, the defendant, and its military command 
     relocated to the Sudan. From in or about 1991 until the 
     present, the group also called itself the ``Islamic Army.''

[[Page H4862]]

     The international terrorist group (hereafter referred to as 
     ``Al Qaeda'') was headquartered in the Sudan from 
     approximately 1992 until approximately 1996 but still 
     maintained offices in various parts of the world. In 1996, 
     USAMA BIN LADEN and Al Qaeda relocated to Afghanistan. At all 
     relevant times, Al Qaeda was led by its ``emir,'' USAMA BIN 
     LADEN. Members of Al Qaeda pledged an oath of allegiance to 
     USAMA BIN LADEN and Al Qaeda.
       2. Al Qaeda opposed the United States for several reasons. 
     First, the United States was regarded as ``infidel'' because 
     it was not governed in a manner consistent with the group's 
     extremist interpretation of Islam. Second, the United States 
     was viewed as providing essential support for other 
     ``infidel'' governments and institutions, particularly the 
     governments of Saudi Arabia and Egypt, the nation of Israel 
     and the United Nations, which were regarded as enemies of the 
     group. Third, Al Qaeda opposed the involvement of the United 
     States armed forces in the Gulf War in 1991 and in Operation 
     Restore Hope in Somalia in 1992 and 1993. In particular, Al 
     Qaeda opposed the continued presence of American military 
     forces in Saudi Arabia (and elsewhere on the Saudi Arabian 
     peninsula) following the Gulf War. Fourth, Al Qaeda opposed 
     the United States Government because of the arrest, 
     conviction and imprisonment of persons belonging to Al Qaeda 
     or its affiliated terrorist groups, including Sheik Omar 
     Abdel Rahman.
       3. Al Qaeda has functioned both on its own and through some 
     of the terrorist organizations that have operated under 
     its umbrella, including: the Islamic Group (also known as 
     ``al Gamaa Islamia'' or simply ``Gamaa't''), led by co-
     conspirator Sheik Omar Abdel Rahman,'' the al Jihad group 
     based in Egypt; the ``Talah e Fatah'' (``Vanguards of 
     Conquest'') faction of al Jihad, which was also based in 
     Egypt, which faction was led by co-conspirator Ayman al 
     Zawahiri (``al Jihad''); Palestinian Islamic Jihad; and a 
     number of jihad groups in other countries, including 
     Egypt, the Sudan, Saudi Arabia, Yemen, Somalia, Eritrea, 
     Kenya, Pakistan, Bosnia, Croatia, Algeria, Tunisia, 
     Lebanon, the Philippines, Tajikistan, Chechnya, 
     Bangladesh, Kashmir and Azerbaijan. In February 1998, Al 
     Qaeda joined forces with Gamaa't, Al Jihad, the Jihad 
     Movement in Bangladesh and the ``Jamaat ul Ulema e 
     Pakistan'' to issue a fatwah (an Islamic religious ruling) 
     declaring war against American civilians worldwide under 
     the banner of the ``International Islamic Front for Jihad 
     on the Jews and Crusaders.''
       4. Al Qaeda also forged alliances with the National Islamic 
     Front in the Sudan and with the government of Iran and its 
     associated terrorist group Hezballah for the purpose of 
     working together against their perceived common enemies in 
     the West, particularly the United States. In addition, al 
     Qaeda reached an understanding with the government of Iraq 
     that al Qaeda would not work against that government and that 
     on particular projects, specifically including weapons 
     development, al Qaeda would work cooperatively with the 
     Government of Iraq.
       5. Al Qaeda had a command and control structure which 
     included a majlis al shura (or consultation council) which 
     discussed and approved major undertakings, including 
     terrorist operations.
       6. Al Qaeda also conducted internal investigations of its 
     members and their associates in an effort to detect 
     informants and killed those suspected of collaborating with 
     enemies of Al Qaeda.
       7. From at least 1991 until the date of the filing of this 
     Indictment, in the Sudan, Afghanistan and elsewhere out of 
     the jurisdiction of any particular state or district, USAMA 
     BIN LADEN, a/k/a ``Usamah Bin-Muhammad Bin-Laden,'' a/k/a 
     ``Shaykh Usamah Bin-Laden,'' a/k/a ``Mujahid Shaykh,'' a/k/a 
     ``Abu Abdallah,'' a/k/a `QaQa,'' the defendant, and co-
     conspirator not named as a defendant herein (hereafter ``Co-
     conspirator'') who was first brought to and arrested in the 
     Southern District of New York, and others known and unknown 
     to the grand jury, unlawfully, willfully and knowingly 
     combined, conspired, confederated and agreed together and 
     with each other to injure and destroy, and attempt to injure 
     and destroy, national-defense material, national-defense 
     premises and national-defense utilities of the United States 
     with the intent to injure, interfere with and obstruct the 
     national defense of the United States.

                               Overt Acts

       8. In furtherance of the same conspiracy, and to effect the 
     illegal object thereof, the following overt acts, among 
     others, were committed:
       a. At various times from at least as early as 1991 until at 
     least in or about February 1998, USAMA BIN LADEN, the 
     defendant, met with Co-conspirator and other members of Al 
     Qaeda in the Sudan, Afghanistan and elsewhere;
       b. At various times from at least as early as 1991, USAMA 
     BIN LADEN, and others known and unknown, made efforts to 
     obtain weapons, including firearms and explosives, for Al 
     Qaeda and its affiliated terrorist groups;
       c. At various times from at least as early as 1991, USAMA 
     BIN LADEN, and others known and unknown, provided training 
     camps and guesthouses in various areas, including Afghanistan 
     and the Sudan, for the use of Al Qaeda and its affiliated 
     terrorist groups;
       d. At various times from at least as early as 1991, USAMA 
     BIN LADEN, and others known and unknown, made efforts to 
     produce counterfeit passports purporting to be issued by 
     various countries and also obtained official passports from 
     the Government of the Sudan for use by Al Qaeda and its 
     affiliated groups;
       e. At various times from at least as early as 1991, USAMA 
     BIN LADEN, and others known and unknown, made efforts to 
     recruit United States citizens to Al Qaeda in order to 
     utilize the American citizens for travel throughout the 
     Western world to deliver messages and engage in financial 
     transactions for the benefit of Al Qaeda and its affiliated 
     groups;
       f. At various times from at least as early as 1991, USAMA 
     BIN LADEN, and others known and unknown, made efforts to 
     utilize non-Government organizations which purported to be 
     engaged in humanitarian work as conduits for transmitting 
     funds for the benefit of Al Qaeda and its affiliated groups;
       g. At various times from at least as early as 1991, Co-
     conspirator and others known and unknown to the grand jury 
     engaged in financial and business transactions on behalf of 
     defendant USAMA BIN LADEN and Al Qaeda, including, but not 
     limited to: purchasing land for training camps: purchasing 
     warehouses for storage of items, including explosives; 
     transferring funds between bank accounts opened in various 
     names; obtaining various communications equipment, including 
     satellite telephones; and transporting currency and weapons 
     to members of Al Qaeda and its associated terrorist 
     organizations in various countries throughout the world;
       h. At various times from in or about 1992 until the date of 
     the filing of this Indictment, USAMA BIN LADEN and other 
     ranking members of Al Qaeda stated privately to other members 
     of Al Qaeda that Al Qaeda should put aside its differences 
     with Shiite Muslim terrorist organizations, including the 
     Government of Iran and its affiliated terrorist group 
     Hezballah, to cooperate against the perceived common enemy, 
     the United States and its allies;
       i. At various times from in or about 1992 until the date of 
     the filing of this Indictment, USAMA BIN LADEN and other 
     ranking members of Al Qaeda stated privately to other members 
     of Al Qaeda that the United States forces stationed on the 
     Saudi Arabian peninsula, including both Saudi Arabia and 
     Yemen, should be attacked;
       j. At various times from in or about 1992 until the date of 
     the filing of this Indictment, USAMA BIN LADEN and other 
     ranking members of Al Qaeda stated privately to other 
     members of Al Qaeda that the United States forces 
     stationed in the Horn of Africa, including Somalia, should 
     be attacked;
       k. Beginning in or about early spring 1993, Al Qaeda 
     members began to provide training and assistance to Somali 
     tribes opposed to the United Nations' intervention in 
     Somalia;
       l. On October 3 and 4, 1993, members of Al Qaeda 
     participated with Somali tribesmen in an attack on United 
     States military personnel serving in Somalia as part of 
     Operation Restore Hope, which attack killed a total of 18 
     United States soldiers and wounded 73 others in Mogadishu;
       m. On two occasions in the period from in or about 1992 
     until in or about 1995, Co-conspirator helped transport 
     weapons and explosives from Khartoum to Port Sudan for 
     transshipment to the Saudi Arabian peninsula;
       n. At various times from at least as early as 1993, USAMA 
     BIN LADEN and others known and unknown, made efforts to 
     obtain the components of nuclear weapons:
       o. At various times from at least as early as 1993, USAMA 
     BIN LADEN and others known and unknown, made efforts to 
     produce chemical weapons;
       p. On or about August 23, 1996, USAMA BIN LADEN signed and 
     issued a Declaration of Jihan entitled ``Message from Usamah 
     Bin-Muhammad Bin-Laden to His Muslim Brothers in the Whole 
     World and Especially in the Arabian Peninsula: Declaration of 
     Jihad Against the Americans Occupying the Land of the Two 
     Holy Mosques; Expel the Heretics from the Arabian Peninsula'' 
     (hereafter ``Declaration of Jihad'') from the Hindu Kush 
     mountains in Afghanistan. The Declaration of Jihad included 
     statements that efforts should be pooled to kill Americans 
     and encouraged other persons to join the jihad against the 
     American ``enemy'';
       q. In or about late August 1996, USAMA BIN LADEN read aloud 
     the Declaration of Jihad and made an audiotape recording of 
     such reading for worldwide distribution: and
       r. In February 1998, USAMA BIN LADEN issued a joint 
     declaration in the name of Gamaa't, Al Jihad, the Jihad 
     Movement in Bangladesh and the ``Jamaat ul Ulema e Pakistan'' 
     under the banner of the ``International Islamic Front for 
     Jihad on the Jews and Crusaders,'' which stated that Muslims 
     should kill Americans--including civilians--anywhere in the 
     world where they can be found.
       (Title 18, United States Code, Section 2155(b).)
                                                    Mary Jo White,
     United States Attorney.
                                  ____


            [From the Sunday Times (London), July 14, 2002]

 Militia Defector Claims Baghdad Trained Al-Qaeda Fighters in Chemical 
                                Warfare

                          (By Gwynne Roberts)

       A former colonel in Saddam Hussein's Fedayeen, one of 
     Iraq's most brutal militias,

[[Page H4863]]

     has claimed that he trained with fighters from Osama Bin 
     Laden's Al-Qaeda terrorist network in secret camps near 
     Baghdad. The defector, who fled to Turkey three years ago, 
     says that as long ago as 1997 and 1998, Islamic extremists 
     were being taught how to use chemical and biological weapons.
       Their instructors, he says, were from a military 
     intelligence organisation known as Unit 999, which ran a six-
     month course for ``foreigners'' including the Iranian 
     opposition organisation Mojahedin-e Khalq and the Turkish-
     Kurdish PKK rebel movement as well as Al-Qaeda.
       Colonel ``Abu Mohammed'', whose real name is being withheld 
     to protect him and his family near Ankara, says American 
     officials who debriefed him in 1999 showed little interest in 
     his information. If true, however, his story may acquire 
     fresh significance as America seeks evidence of a link 
     between Saddam Hussein and Bin Laden that could help it to 
     justify an attack on Baghdad. In recent months several 
     defectors have spoken of secret training camps in Iraq where 
     Arabs from all over the Middle East have been trained in 
     sabotage techniques by Mukhabarat (intelligence) instructors.
       Mohammed said he was recruited into Saddam's Fedayeen in 
     1997 and trained at two secret facilities--at Salman Pak, 
     southeast of Baghdad, and at the Unit 999 camp, northwest of 
     the Iraqi capital. His first encounter with Bin Laden's 
     fighters occurred at Salman Pak when he was on an 
     induction course to become a Fedayeen officer, he said.
       ``We were met by Colonel Jamil Kamil, the camp manager, and 
     Major Ali Hawas. I noticed that a lot of people were queueing 
     for food.
       (The major) said to me: `You'll have nothing to do with 
     these people. They are Osama Bin Laden's group and the PKK 
     and the Mojahedin-e Khalq.
       ``They train for three months at Unit 999 and another three 
     at the Mukhabarat school in Salman Pak. So there are two 
     camps where they train Bin Laden's people.''
       Mohammed said he had attended another training course at 
     Salman Pak and Unit 999 a year later, spending 15 days at 
     each facility. Here, once again, he encountered Al-Qaeda 
     fighters undergoing specialised sabotage training.
       ``There was training in the use of biological and chemical 
     weapons there but they were not Iraqis doing it--only 
     foreigners,'' he said.
       ``They were trained to put materials into small containers 
     and study the biological effects. In the training areas there 
     is a field especially for weapons of mass destruction. Here, 
     experts hold lectures and conduct biological experiments--
     theoretical experiments, of course--on how to place 
     explosives or how to pollute specific areas, water and public 
     places and ventilation systems as well as power stations. 
     They had maps of the USA, Britain, Turkey, Iran and Saudi 
     Arabia.''
       Mohammed's claims illustrate the challenge American 
     officials face in determining the quality of information from 
     defectors whose hatred of the Iraqi regime may lead them to 
     embellish their accounts.
       The intelligence services have struggled to find convincing 
     evidence of links between Iraq and Al-Qaeda. Saddam's secular 
     regime has little in common with Bin Laden except for a 
     shared hatred of America and Israel.
       However, Abbas al-Janabi, who spent 15 years as personal 
     assistant to Uday, Saddam's son, before fleeing to the West 
     in 1998 and who is regarded as one of the most reliable 
     senior defectors, is convinced that there is a connection 
     between Bin Laden and Saddam. Last week he said he had learnt 
     that Iraqi officials had visited Afghanistan and Sudan to 
     strengthen ties with Al-Qaeda. He also knew of a top secret 
     centre near Baghdad where ``foreigners'' trained with Iraqis.
       ``This was a sort of factory for turning out instructors,'' 
     Janabi said. ``They trained both Iraqis and foreign 
     nationals. Suicide squads were trained in sabotage techniques 
     using weapons of mass destruction. They were well paid, well 
     fed and their families well looked after.'' Janabi 
     predicted that in the event of war with the West, Saddam 
     would deploy bio-weapons including smallpox.
       The training described by Mohammed and Jannabi raises the 
     possibility that Iraq has been passing on expertise learnt 
     from the East Germans during the cold war. At Massow, a camp 
     just south of Berlin, secret police instructors taught Iraqis 
     how to attack civilian targets using chemical and biological 
     warfare agents.
       A former Stasi lieutenant-colonel said: ``The courses 
     emphasised chemical weapons which attack the nervous system. 
     They were also taught how to deploy bacteriological weapons--
     influenza, anthrax and yellow fever.''
       In a Kurdish prison in Sulaimaniya, northern Iraq, further 
     corroboration of claims that Saddam and Bin Laden have co-
     operated has come from an Iraqi who has admitted working for 
     the Mukhabarat. He said that Bin Laden's second-in-command, 
     the Egyptian doctor Ayman al-Zawahiri, had met Saddam in 
     Baghdad in 1992. ``I was one of the people responsible for 
     his protection,'' he claimed.
       The prisoner seemed well informed about Unit 999. Men 
     attached to Al-Qaeda had been dispatched, from there to 
     Afghanistan, Lebanon, Sudan and to a base in Somalia from 
     where they were reassigned, he said. Some fighters trained by 
     the Iraqis had joined Al-Ansar Al-Islam, the Allies of Islam, 
     a militant Islamic group based in eastern Kurdistan.
       Acts of terror by this group are beginning to pose a 
     serious threat to stability in the area. Al-Ansar is blamed 
     for trying to assassinate Dr Barham Salih, prime minister of 
     the Kurdish regional government, in April. Two would-be 
     assassins were killed and a third was captured. During the 
     subsequent investigation the captive reportedly admitted that 
     Al-Qaeda had recruited him in Jordan.
       There is also growing evidence that Bin Laden's supporters 
     are crossing through Iran from Afghanistan to join AlAnsar. 
     Inhabitants of Halabja, the town gassed by the Iraqi army in 
     1988, live in fear of Al-Ansar reprisals against anyone 
     considered pro-western.
       With the prospect of American intervention in northern Iraq 
     looming, Al-Ansar could prove dangerous. Its objective is to 
     overthrow the pro-western Kurdish regional governments and to 
     set up an Islamic state modelled on the Taliban's rule in 
     Afghanistan.
                                  ____


               [From Global Security.org, Dec. 14, 2002]

              Salman Park--Iraq special Weapons Facilities

       Former Iraqi military officers have described a highly 
     secret terrorist training facility at Salman Pak, where both 
     Iraqis and non-Iraqi Arabs receive training on hijacking 
     planes and trains, planting explosives in cities, sabotage, 
     and assassinations.
       The Salman Pak biological warfare facility was located on a 
     peninsula caused by a bend in the Tigris river, approximately 
     five kilometers (km) from the arch located in the town of 
     Salman Pak. The facility area comprised more than 20 square 
     km, and might have been known as a farmers (or agricultural) 
     experimentation center. The peninsula was fenced off and 
     patrolled by a large guard force. Immediately inside and to 
     the east of the fence line were two opulent villas: the 
     larger built for Iraqi president Saddam Hussein and the other 
     for his half-brother, Barazan alTikriti. A main paved road 
     ran through the center of the Salman Pak facility/peninsula.
       Plans were made in the mid-1980's to develop the Salman Pak 
     site into a secure biological warfare research facility. Dr 
     Rihab Taha, head of a small biological weapons research team, 
     continued to work with her team at al-Muthanna until 1987 
     when it moved to Salman Pak, which was under the control of 
     the Directorate of General Intelligence.
       Located at the facility are several buildings. The probable 
     main research building at the site is a modern building, 
     composed of twenty four rooms, housing a major BW research 
     facility. Using current technology the research area alone 
     had sufficient floor space to accommodate several continuous 
     flow or batch fermenters that could produce daily sufficient 
     anthrax bacteria to lethally assault hundreds of square 
     kilometers. Adjacent to the research building is a storage 
     area which contains four munitions type storage bunkers with 
     lighting arrestors. Two of these bunkers have facilities for 
     storage of temperature sensitive biological material. 
     Approximately a mile down the road from the research area is 
     a complex US intelligence believe to be an engineering area. 
     One building in this complex was thought to contain a 
     fermentation pilot plant capable of scale up production of 
     BW agents. A construction project comprising several 
     buildings was begun in early 1989 adjacent to the 
     engineering area, and was near completion in 1990. This 
     new complex was assessed as a pharmaceutical production 
     plant. As such, this facility would have an extensive 
     capability for biological agent production.
       Salman Pak, located 30-40 km SE of Baghdad, engaged in 
     laboratory scale research on Anthrax, Botulinum toxin, 
     Clostridium, perfringens (gas gangrene), mycotoxins, 
     aflatoxins, and Ricin. Researchers at this site carried out 
     toxicity evaluations of these agents and examined their 
     growth characteristics and survivability.
       Equipment-moving trucks and refrigerated trucks were 
     observed at the Salman Pak BW facility prior to the onset of 
     bombing, suggesting that Iraq was moving equipment or 
     material into or out of the facility. Information obtained 
     after the conflict revealed that Iraq had moved BW agent 
     production equipment from Salman Pak to the Al Hakam suspect 
     BW facility.
       The Qadisiya State Establishment [aka Al-Qadsia], involved 
     in the program to produce Al Hussein class missiles, is 
     apparently located nearby, along with the Al-Yarmouk facility 
     which according to some reports was associated with the 
     chemical munitions program [and which other reports place at 
     Yusufiyah].
       Iraq told UN inspectors that Salman Pak was an anti-terror 
     training camp for Iraqi special forces. However, two 
     defectors from Iraqi intelligence stated that they had worked 
     for several years at the secret Iraqi government camp, which 
     had trained Islamic terrorists in rotations of five or six 
     months since 1995. Training activities including simulated 
     hijackings carried out in an airplane fuselage [said to be a 
     Boeing 707] at the camp. The camp is divided into distinct 
     sections. On one side of the camp young, Iraqis who were 
     members of Fedayeen Saddam are trained in espionage, 
     assassination techniques and sabotage. The Islamic militants 
     trained on the other side of the camp, in an

[[Page H4864]]

     area separated by a small lake, trees and barbed wire. The 
     militants reportedly spent time training, usually in groups 
     of five or six, around the fuselage of the airplane. There 
     were rarely more than 40 or 50 Islamic radicals in the camp 
     at one time.
                                  ____


                   [From townhall.com, June 18, 2004]

                              Wrong Again

                          (By Richard Miniter)

       Every day it seems another American soldier is killed in 
     Iraq. These grim statistics have become a favorite of network 
     news anchors and political chat show hosts. Nevermind that 
     they mix deaths from accidents with actual battlefield 
     casualties; or that the average is actually closer to one 
     American death for every two days; or that enemy deaths far 
     outnumber ours. What matters is the overall impression of 
     mounting, pointless deaths.
       That is why it is important to remember why we fight in 
     Iraq--and who we fight. Indeed, many of those sniping at U.S. 
     troops are al Qaeda terrorists operating inside Iraq. And 
     many of bin Laden's men were in Iraq prior to the liberation. 
     A wealth of evidence on the public record--from government 
     reports and congressional testimony to news accounts from 
     major newspapers--attests to longstanding ties between bin 
     Laden and Saddam going back to 1994.
       Those who try to whitewash Saddam's record don't dispute 
     this evidence; they just ignore it. So let's review the 
     evidence, all of it on the public record for months or years:
       Abdul Rahman Yasin was the only member of the al Qaeda cell 
     that detonated the 1993 World Trade Center bomb to remain at 
     large in the Clinton years. He fled to Iraq. U.S. forces 
     recently discovered a cache of documents in Tikrit, Saddam's 
     hometown, that show that Iraq gave Mr. Yasin both a house and 
     monthly salary.
       Bin Laden met at least eight times with officers of Iraq's 
     Special Security Organization, a secret police agency run by 
     Saddam's son Qusay, and met with officials from Saddam's 
     mukhabarat, its external intelligence service, according to 
     intelligence made public by Secretary of State Colin Powell, 
     who was speaking before the United Nations Security Council 
     on February 6, 2003.
       Sudanese intelligence officials told me that their agents 
     had observed meetings between Iraqi intelligence agents and 
     bin Laden starting in 1994, when bin Laden lived in Khartoum. 
     Bin Laden met the director of the Iraqi mukhabarat in 1996 in 
     Khartoum, according to Mr. Powell. An al Qaeda operative now 
     held by the U.S. confessed that in the mid-1990s, bin Laden 
     had forged an agreement with Saddam's men to cease all 
     terrorist activities against the Iraqi dictator, Mr. Powell 
     told the United Nations.
       In 1999 the Guardian, a British newspaper, reported that 
     Farouk Hijazi, a senior officer in Iraq's mukhabarat, had 
     journeyed deep into the icy mountains near Kandahar, 
     Afghanistan, in December 1998 to meet with al Qaeda men. Mr. 
     Hijazi is ``thought to have offered bin Laden asylum in 
     Iraq,'' the Guardian reported.
       In October 2000, another Iraqi intelligence operative, 
     Salah Suleiman, was arrested near the Afghan border by 
     Pakistani authorities, according to Jane's Foreign Report, a 
     respected international newsletter. Jane's reported that 
     Suleiman was shuttling between Iraqi intelligence and Ayman 
     al Zawahiri, now al Qaeda's No. 2 man.
       (Why are all of those meetings significant? The London 
     Observer reports that FBI investigators cite a captured al 
     Qaeda field manual in Afghanistan, which ``emphasizes the 
     value of conducting discussions about pending terrorist 
     attacks face to face, rather than by electronic means.'')
       As recently as 2001, Iraq's embassy in Pakistan was used as 
     a ``liaison'' between the Iraqi dictator and al Qaeda, Mr. 
     Powell told the United Nations.
       Spanish investigators have uncovered documents seized from 
     Yusuf Galan--who is charged by a Spanish court with being 
     ``directly involved with the preparation and planning'' of 
     the Sept. 11 attacks--that show the terrorist was invited to 
     a party at the Iraqi embassy in Madrid. The invitation used 
     his ``al Qaeda nom de guerre,'' London's Independent reports.
        An Iraqi defector to Turkey, known by his cover name as 
     ``Abu Mohammed,'' told Gwynne Roberts of the Sunday Times of 
     London that he saw bin Laden's fighters in camps in Iraq in 
     1997. At the time, Mohammed was a colonel in Saddam's 
     Fedayeen. He described an encounter at Salman Pak, the 
     training facility southeast of Baghdad. At that vast compound 
     run by Iraqi intelligence, Muslim militants trained to hijack 
     planes with knives--on a full-size Boeing 707. Col. Mohammed 
     recalls his first visit to Salman Pak this way: ``We were met 
     by Colonel Jamil Kamil, the camp manager, and Major Ali 
     Hawas. I noticed that a lot of people were queuing for food. 
     (The major) said to me: `You'll have nothing to do with these 
     people. They are Osama bin Laden's group and the PKK and 
     Mojahedin-e Khalq.' ''
       In 1998, Abbas al-Janabi, a longtime aide to Saddam's son 
     Uday, defected to the West. At the time, he repeatedly told 
     reporters that there was a direct connection between Iraq and 
     al Qaeda.
       The Sunday Times found a Saddam loyalist in a Kurdish 
     prison who claims to have been Dr. Zawahiri's bodyguard 
     during his 1992 visit with Saddam in Baghdad. Dr. Zawahiri 
     was a close associate of bin Laden at the time and was 
     present at the founding of al Qaeda in 1989.
       Following the defeat of the Taliban, almost two dozen bin 
     Laden associates ``converged on Baghdad and established a 
     base of operations there,'' Mr. Powell told the United 
     Nations in February 2003. From their Baghdad base, the 
     secretary said, they supervised the movement of men, 
     materiel and money for al Qaeda's global network.
       In 2001, an al Qaeda member ``bragged that the situation in 
     Iraq was `good,' '' according to intelligence made public by 
     Mr. Powell.
       That same year, Saudi Arabian border guards arrested two al 
     Qaeda members entering the kingdom from Iraq.
       Abu Musaab al-Zarqawi oversaw an al Qaeda training camp in 
     Afghanistan, Mr. Powell told the United Nations. His 
     specialty was poisons. Wounded in fighting with U.S. forces, 
     he sought medical treatment in Baghdad in May 2002. When 
     Zarqawi recovered, he restarted a training camp in northern 
     Iraq. Zargawi's Iraq cell was later tied to the October 2002 
     murder of Lawrence Foley, an official of the U.S. Agency for 
     International Development, in Amman, Jordan. The captured 
     assassin confessed that he received orders and funds from 
     Zarqawi's cell in Iraq, Mr. Powell said. His accomplice 
     escaped to Iraq.
       Zarqawi met with military chief of al Qaeda, Mohammed 
     Ibrahim Makwai (aka Saif al-Adel) in Iran in February 2003, 
     according to intelligence sources cited by the Washington 
     Post.
       Mohammad Atef, the head of al Qaeda's military wing until 
     the U.S. killed him in Afghanistan in November 2001, told a 
     senior al Qaeda member now in U.S. custody that the terror 
     network needed labs outside of Afghanistan to manufacture 
     chemical weapons, Mr. Powell said. ``Where did they go, where 
     did they look?'' said the secretary. ``They went to Iraq.''
       Abu Abdullah al-Iraqi was sent to Iraq by bin Laden to 
     purchase poison gases several times between 1997 and 2000. He 
     called his relationship with Saddam's regime ``successful,'' 
     Mr. Powell told the United Nations.
       Mohamed Mansour Shahab, a smuggler hired by Iraq to 
     transport weapons to bin Laden in Afghanistan, was arrested 
     by anti-Hussein Kurdish forces in May, 2000. He later told 
     his story to American intelligence and a reporter for the New 
     Yorker magazine.
       Documents found among the debris of the Iraqi Intelligence 
     Center show that Baghdad funded the Allied Democratic Forces, 
     a Ugandan terror group led by an Islamist cleric linked to 
     bin Laden. According to a London's Daily Telegraph, the 
     organization offered to recruit ``youth to train for the 
     jihad'' at a ``headquarters for international holy warrior 
     network'' to be established in Baghdad.
       Mullah Melan Krekar, ran a terror group (the Ansar al-
     Islam) linked to both bin Laden and Saddam Hussein. Mr. 
     Krekar admitted to a Kurdish newspaper that he met bin Laden 
     in Afghanistan and other senior al Qaeda officials. His 
     acknowledged meetings with bin Laden go back to 1988. When he 
     organized Ansar al Islam in 2001 to conduct suicide attacks 
     on Americans, ``three bin Laden operatives showed up with a 
     gift of $300,000 `to undertake jihad,' '' Newsday reported. 
     Mr. Krekar is now in custody in the Netherlands. His group 
     operated in portion of northern Iraq loyal to Saddam 
     Hussein--and attacked independent Kurdish groups hostile to 
     Saddam. A spokesman for the Patriotic Union of Kurdistan told 
     a United Press International correspondent that Mr. Krekar's 
     group was funded by ``Saddam Hussein's regime in Baghdad.''
       After October 2001, hundreds of al Qaeda fighters are 
     believed to have holed up in the Ansar al-Islam's strongholds 
     inside northern Iraq.
       Some skeptics dismiss the emerging evidence of a 
     longstanding link between Iraq and al Qaeda by contending 
     that Saddam ran a secular dictatorship hated by Islamists 
     like bin Laden.
       In fact, there are plenty of ``Stalin-Roosevelt'' 
     partnerships between international terrorists and Muslim 
     dictators. Saddam and bin Laden had common enemies, common 
     purposes and interlocking needs. They shared a powerful hate 
     for America and the Saudi royal family. They both saw the 
     Gulf War as a turning point. Saddam suffered a crushing 
     defeat which he had repeatedly vowed to avenge. Bin Laden 
     regards the U.S. as guilty of war crimes against Iraqis and 
     believes that non-Muslims shouldn't have military bases on 
     the holy sands of Arabia. Al Qaeda's avowed goal for the past 
     ten years has been the removal of American forces from Saudi 
     Arabia, where they stood in harm's way solely to contain 
     Saddam.
       The most compelling reason for bin Laden to work with 
     Saddam is money. Al Qaeda operatives have testified in 
     federal courts that the terror network was always desperate 
     for cash. Senior employees fought bitterly about the $100 
     difference in pay between Egyptian and Saudis (the Egyptians 
     made more). One al Qaeda member, who was connected to the 
     1998 embassy bombings, told a U.S. federal court how bitter 
     he was that bin Laden could not pay for his pregnant wife to 
     see a doctor.
       Bin Laden's personal wealth alone simply is not enough to 
     support a profligate global organization. Besides, bin 
     Laden's fortune is probably not as large as some imagine. 
     Informed estimates put bin Laden's pre-Sept. 11, 2001 wealth 
     at perhaps $30 million. $30 million is the budget of a small 
     school district, not a global terror conglomerate. Meanwhile, 
     Forbes estimated Saddam's personal fortune at $2 billion.

[[Page H4865]]

       So a common enemy, a shared goal and powerful need for cash 
     seem to have forged an alliance between Saddam and bin Laden. 
     CIA Director George Tenet recently told the Senate 
     Intelligence Committee: ``Iraq has in the past provided 
     training in document forgery and bomb making to al Qaeda. It 
     also provided training in poisons and gasses to two al Qaeda 
     associates; one of these [al Qaeda] associates characterized 
     the relationship as successful. Mr. Chairman, this 
     information is based on a solid foundation of intelligence. 
     It comes to us from credible and reliable sources. Much of it 
     is corroborated by multiple sources.
       The Iraqis, who had the Third World's largest poison-gas 
     operations prior to the Gulf War I, have perfected the 
     technique of making hydrogen-cyanide gas, which the Nazis 
     called Zyklon-B. In the hands of al Qaeda this would be a 
     fearsome weapon in an enclosed space like a suburban mall or 
     subway station.
                                  ____


             [From Talk Radio News Service, June 17, 2004]

       (Excerpt from the media availability following the hearing 
     of the National Commission on Terrorist Attacks Upon the 
     United States. Participants: Thomas Kean, Commission 
     Chairman; Lee Hamilton, Commission Co-Chairman.)
       Question. The Associated Press is reporting this morning 
     that President Bush has disputed your finding that there was 
     no collaborative relationship between Saddam Hussein and al 
     Qaeda. Would you like to comment on that?
       Mr. Kean. Well, what we're going on is the evidence we have 
     found. What we have found is that, were there contacts 
     between al Qaeda and Iraq? Yes. Some of it is shadowy, but 
     there's no question they were there. That is correct. What 
     our staff statement found is there is no credible evidence 
     that we can discover, after a long investigation, that Iraq 
     and Saddam Hussein in any way were part of the attack on the 
     United States.
       Mr. Hamilton. I must say I have trouble understanding the 
     flack over this. The vice president is saying, I think, that 
     there were connections between al Qaeda and Saddam Hussein's 
     government. We don't disagree with that. What we have said is 
     what the governor just said, we don't have any evidence of a 
     cooperative, or a corroborative relationship between Saddam 
     Hussein's government and these al Qaeda operatives with 
     regard to the attacks on the United States. So it seems to me 
     the sharp differences that the press has drawn, the media has 
     drawn, are not that apparent to me.
                                  ____

  Mr. KUCINICH. Mr. Chairman, I yield myself such time as I may 
consume.
  I want to thank the gentleman from Illinois for helping to 
demonstrate the very reason why it is important to have an Inspector 
General's audit because of all the conflicting information. So I 
appreciate his presenting his side.
  Mr. Chairman, I yield 1 minute to the gentlewoman from California 
(Ms. Harman), our ranking member.
  Ms. HARMAN. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  I believe that having the CIA Inspector General conduct an impartial 
independent audit of the intelligence reporting on this matter is a 
good idea, and I support his amendment.
  Let me just mention something that I do not believe has come up the 
debate, and that is that there is a real difference pre-war and post-
war. From my review of the sources provided to our committee on the 
nature of this relationship, I have concluded that pre-war there were 
contacts but no operational relationship. Post-war is a different 
story. Post-war there is an operational relationship between terrorists 
and folks on the ground in Iraq. Saddam Hussein is no longer there, but 
there is a massive both recruiting and enabling effort in Iraq for 
terrorists around the world. Iraq has now become fly paper.
  Let me just suggest to the amendment's sponsor that the results of 
the audit should be made public. I think that might help eradicate some 
of the confusion that has been discussed.
  I think his amendment is a public service, and I support it.
  Mr. GOSS. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Chairman, I do not oppose the amendment, but I 
resent the implication that the President did something wrong. And I 
would like to read.
  ``That's why I supported the Iraq thing. There was a lot of stuff 
unaccounted for. I thought the President had an absolute responsibility 
to go to the U.N. and say, 'Look, guys, after 9-11 you have got to 
demand that Saddam Hussein lets us finish the inspection process. I 
supported what he did going into Iraq. What I was far more worried 
about was that he'd sell this stuff or give it away. Same thing I've 
always been worried about North Korea's nuclear and al Qaeda, as well 
as North Korea giving away nuclear components.''
  This is President Bill Clinton. And al Qaeda was there in Iraq. Al 
Qaeda had significant ties to that. Saddam Hussein paid people to blow 
themselves up in Israel and kill American citizens. So the implication 
that al Qaeda was not in Iraq I oppose. But I do not oppose going in 
and researching exactly what those were.

                  [From Time Magazine, June 28, 2004]

       You know, I have repeatedly defended President Bush against 
     the left on Iraq, even though I think he should have waited 
     until the U.N. inspections were over. I don't believe he went 
     in there for oil. We didn't go in there for imperialist or 
     financial reasons. We went in there because he bought the 
     Wolfowitz-Cheney analysis that the Iraqis would be better 
     off, we could shake up the authoritarian Arab regimes in the 
     Middle East, and our leverage to make peace between the 
     Palestinians and Israelis would be increased.
       At the moment the U.N. inspectors were kicked out in 1998, 
     this is the proper language: there were substantial 
     quantities of botulinum and aflatoxin, as I recall, some 
     bioagents, I believe there were those, and VX and ricin, 
     chemical agents, unaccounted for. Keep in mind, that's all we 
     ever had to work on. We also thought there were a few 
     missiles, some warheads, and maybe a very limited amount of 
     nuclear laboratory capacity.
       After 9/11, let's be fair here, if you had been President, 
     you'd think, Well, this fellow bin Laden just turned these 
     three airplanes full of fuel into weapons of mass 
     destruction, right? Arguably they were super-powerful 
     chemical weapons. Think about it that way. So, you're sitting 
     there as President, you're reeling in the aftermath of this, 
     so, yeah, you want to go get bin Laden and do Afghanistan and 
     all that. But you also have to say, Well, my first 
     responsibility now is to try everything possible to make sure 
     that this terrorist network and other terrorist networks 
     cannot reach chemical and biological weapons or small amounts 
     of fissile material. I've got to do that.
       That's why I supported the Iraq thing. There was a lot of 
     stuff unaccounted for. So I thought the President had an 
     absolute responsibility to go to the U.N. and say, ``Look, 
     guys, after 9/11, you have got to demand that Saddam Hussein 
     lets us finish the inspection process. You couldn't 
     responsibly ignore [the possibility that] a tyrant had these 
     stocks. I never really thought he'd [use them]. What I was 
     far more worried about was that he'd sell this stuff or give 
     it away. Same thing I've always been worried about North 
     Korea's nuclear and missile capacity. I don't expect North 
     Korea to bomb South Korea, because they know it would be the 
     end of their country. But if you can't feed yourself, the 
     temptation to sell this stuff is overwhelming. So that's why 
     I thought Bush did the right thing to go back. When you're 
     the President, and your country has just been through what we 
     had, you want everything to be accounted for.


              on whether the Iraq war was worth the costs

       It's a judgment that no one can make definitively yet. I 
     would not have done it until after Hans Blix finished his 
     job. Having said that, over 600 of our people have died since 
     the conflict was over. We've got a big stake now in making it 
     work. I want it to have been worth it, even though I didn't 
     agree with the timing of the attack. I think if you have a 
     pluralistic, secure, stable Iraq, the people of Iraq will be 
     better off, and it might help the process of internal reform 
     in Saudi Arabia and elsewhere. I think right now, getting rid 
     of Saddam's tyranny, ironically, has made Iraq more 
     vulnerable to terrorism coming in from the outside. But any 
     open society is going to be more vulnerable than any tyranny 
     to that.
  Mr. KUCINICH. Mr. Chairman, I yield 45 seconds to the gentleman from 
Texas (Mr. Reyes).
  Mr. REYES. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  I rise in support of this amendment, and I appreciate the remarks of 
our colleagues on the other side of the aisle because it is important 
to set the record straight, let the facts come out and see where 
everything was.
  I would remind everybody that for a whole year, post-9-11, when 
intelligence people would come and brief our committee, I would ask 
what was the connection between al Qaeda and Saddam Hussein, and 
repeatedly their answer was none. In one case, one individual said 
there might have been, if we stretch it, one instance. But I think it 
is important that we get to the bottom of this. This is a right way to 
do it. This is something that the whole House should support, and I 
applaud the gentleman for offering it.
  Mr. KUCINICH. Mr. Chairman, I yield myself such time as I may 
consume.
  I just want to thank all my colleagues for their perspectives as to 
why

[[Page H4866]]

this is a necessary amendment and comment that today that Admiral 
Stansfield Turner has also endorsed this amendment. I want to thank the 
chairman and ranking member for supporting it.
  Mr. KUCINICH. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Kucinich).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. KUCINICH. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Ohio (Mr. Kucinich) will 
be postponed.
  It is now in order to consider amendment No. 9 printed in House 
Report 108-561.


                 Amendment No. 9 Offered by Mr. Simmons

  Mr. SIMMONS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Simmons:
       At the end of title III (page 11, after line 8), insert the 
     following new section:

     SEC. 304. REPORT ON USE OF OPEN SOURCE INTELLIGENCE.

       Not later than 6 months after the date of the enactment of 
     this Act, the Director of Central Intelligence shall submit 
     to Congress an unclassified report on progress made by the 
     intelligence community with respect to the use of Open Source 
     Intelligence (OSINT).

  The CHAIRMAN. Pursuant to House Resolution 686, the gentleman from 
Connecticut (Mr. Simmons) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Connecticut (Mr. Simmons).

                              {time}  1945

  Mr. SIMMONS. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, I rise today to urge my colleagues to support my 
amendment, and I thank the Committee on Rules and the distinguished 
chairman of the Permanent Select Committee on Intelligence for 
endorsing this amendment. It is quite simple. It directs the Director 
of Central Intelligence to prepare over a 6-month period a report on 
the progress of open sources of intelligence.
  Open-source intelligence refers to an intelligence discipline based 
on information collected from open sources, generally available to the 
public.
  In the mid-1990s, it was my honor to command the 434th Military 
Intelligence Detachment, a U.S. Army reserve unit affiliated with Yale 
University and located in New Haven, Connecticut. With the active 
participation of Chief Warrant Officer Tompkins and Sergeant Eliot 
Jardines, our unit wrote the first handbook for open-source 
intelligence for the U.S. Army.
  Today, Mr. Jardines has provided me with some interesting photographs 
that at first look like highly classified aerial photographs of the 
uranium enrichment facility in Iran, and it shows here the enrichment 
facility being built; and then in this photograph, it has been covered 
with dirt, and you can see a large security or perimeter fence around 
it.
  A closer look at this aerial image again shows the construction of 
the enrichment facility and then how it has been buried in Iran, 
presumably to keep it a secret from the rest of the world.
  These are not classified. These images were obtained from open 
sources; and the beauty of open source in this particular instance, Mr. 
Chairman, is that these images can be e-mailed around the country and 
around the world for others to look at them and to assist in the 
analysis process.
  Why is open source so important? It is important because there is a 
vast amount of information available in the public sector. It can be 
shared. It can be shared with other countries. It can be transported 
without concern about classification.
  Recently, the Joint Military Intelligence Training Center published 
an open-source exploitation guide. A few years previously, the ``Open-
source Quarterly'' published additional information on how we can 
enhance our intelligence capabilities with open source, but this May 
the U.S. Army distributed FM 2-0 on intelligence, and they left open 
source out altogether. That is unfortunate, at a time when our 
intelligence performance is being questioned.
  At a time when every scrap of information is needed to piece together 
the puzzle presented by terrorist operations, there could be no better 
time than to incorporate the value of OSINT to our overall intelligence 
product and make it available to our policymakers and our military 
forces.
  I ask my colleagues to join me in supporting this important 
amendment.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. Who seeks time in opposition to the amendment?
  Ms. HARMAN. Mr. Chairman, I do not oppose the amendment, but I will 
control the time on this.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from California?
  There was no objection.
  Ms. HARMAN. Mr. Chairman, I yield myself such time as I may consume, 
and I want the gentleman to know that I support his amendment.
  For years the Permanent Select Committee on Intelligence has extolled 
the virtues of open-source reporting, as he calls it, OSINT. Often they 
are the most reliable form of intelligence available, as his charts 
illustrate. Yet, in spite of this, I believe the intelligence community 
has not invested sufficiently in open sources of information, and I am 
pleased that this amendment is being offered, and I think it improves 
the bill we are debating.
  On that subject, Mr. Chairman, let me just return to an earlier 
conversation about full funding of counterterrorism. While we have been 
spending the last 4 hours on the floor, a letter was received from the 
DCI, George Tenet. It was addressed to me and to the gentleman from 
Florida (Chairman Goss), and he states in his letter that he is 
planning to release it. It is a comment on the majority report language 
to the bill, and I just want to quote in part.
  He says, this is a letter dated today: ``I find it hard to accept 
that any serious observer would believe, as the committee apparently 
does, that there is an unhealthy emphasis on counterterrorism and 
counterproliferation efforts or that we are placing too much emphasis 
supporting the Nation's Iraq effort at the CIA. I am deeply 
disappointed at the way the report has chosen to question the 
leadership and capabilities of the clandestine service.''
  Now, these are the opinions of DCI George Tenet. I would just point 
out at this point in the debate that the minority was never consulted 
about the majority report. We filed our own report, and I would just 
like the record to reflect that these are the reactions of DCI George 
Tenet to portions of the majority report.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SIMMONS. Mr. Chairman, I yield 1 minute to my friend and 
distinguished colleague, the gentleman from Illinois (Mr. Kirk), who is 
also a naval intelligence officer.
  Mr. KIRK. Mr. Chairman, I rise in support of the Simmons amendment. 
Unlike some other amendments in this bill that are offered for partisan 
advantage, this amendment is offered by a former CIA officer with 
detailed knowledge of how the U.S. intelligence community works. To my 
knowledge, there are only three current Members of Congress who work 
with the CIA: our chairman, the gentleman from Florida (Mr. Goss), the 
author of this amendment; the gentleman from Connecticut (Mr. Simmons); 
and me, who is detailed to the CIA from navy intelligence.
  This amendment seeks to change our intelligence culture to become 
more effective in the age of the Internet. Today, every two-bit terror 
organization in the world has a Web site broadcasting information on 
its activities. Internet news, political parties, and foreign 
government sites all offer new material to our intelligence community.
  For years in the cold war, our enemies collected open-source data on 
us, but we were forced to collect secret data on them. That is now 
changing. There is a wealth of open-source data on our adversaries. 
Every analyst in the community should be encouraged to use as much 
current and accurate

[[Page H4867]]

open-source data as possible; and I applaud the gentleman, who knows 
the CIA so well, for offering this amendment to keep our culture up to 
date with the current technology.
  Ms. HARMAN. Mr. Chairman, how much time is remaining on our side?
  The CHAIRMAN. The gentlewoman from California (Ms. Harman) has 3 
minutes remaining. The gentleman from Connecticut (Mr. Simmons) has 1 
minute remaining.
  Ms. HARMAN. Mr. Chairman, I yield 2 minutes to the gentleman from New 
Jersey (Mr. Holt), a member of our committee.
  Mr. HOLT. Mr. Chairman, I rise in strong support of the Simmons 
amendment. To set the record straight, there is on this side an alumnus 
of the intelligence community. I also used to work in the intelligence 
community, and I can assure my colleagues that the agencies make much 
less use of the wealth of open-source information than they could.
  Open sources mean more than searching the Internet for printed 
material or extending the reach of the foreign broadcast information 
service. There are now commercial companies with high-quality imagery 
from satellites. There is mature technology for using commercial radio 
and television broadcasts as illumination sources to passively detect 
and track aircraft. These techniques could be used to augment air 
surveillance, for example. The Internet, as we are all aware, could be 
exploited for many intelligence purposes and so on.
  There is much we could do. Last year, I sponsored in this very 
authorization bill a provision that required the intelligence community 
to report to us on how new approaches of open-source intelligence would 
be incorporated into intelligence products. Although that report is, I 
am told, in final coordination now, we still have not received it. So I 
think it is appropriate to put this language into the bill, not just 
report language, so that the intelligence community will make full use 
of open-source information.
  Mr. Chairman, I commend my colleague once again this evening for his 
statement and offer strong support for the Simmons amendment.
  Mr. SIMMONS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I thank the gentleman from New Jersey for his very 
appropriate comments, and I am glad to hear that we share a mutual 
interest.
  In closing, I would simply like to draw attention to a book called 
``The New Craft of Intelligence,'' which focuses on open source. The 
distinguished chairman of the Senate committee made the comment in the 
preface, ``Secret intelligence alone cannot protect America.''
  This amendment is designed to address that issue.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
Florida (Mr. Goss), the distinguished chairman of the committee.
  The CHAIRMAN. The gentleman from Florida is recognized for 30 
seconds.
  Mr. GOSS. Mr. Chairman, I rise in support, and associate myself with 
a distinguished member of the Permanent Select Committee on 
Intelligence who knows his stuff.
  All-source intelligence sometimes gets confused with open-source 
intelligence. I think it is important to know that a huge percentage of 
all-source intelligence is open-source intelligence and is very 
valuable in the filters and the proper analysis. So I support the 
amendment.
  Mr. Chairman, I also want to give notice that I am going to put at 
the proper time a statement of the Speaker of the House in the Record 
in support of this bill.
  Ms. HARMAN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I want to reiterate my support for this amendment and 
point out one of the ironies, which is that our committee has been 
learning much of what it needs to do its oversight from open sources, 
rather than from the regular channels. I am glad we have open sources. 
Otherwise, we would have very little information. So that is just 
another reason why the gentleman's amendment is so useful, and I 
strongly support it.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Connecticut (Mr. Simmons).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. SIMMONS. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Connecticut (Mr. 
Simmons) will be postponed.
  It is now in order to consider amendment No. 10, printed in House 
Report 108-561.


                 Amendment No. 10 Offered by Mr. Reyes

  Mr. REYES. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Mr. Reyes:
       At the end of title III, insert the following new section:

     SEC. 304. REQUIREMENT FOR IMMEDIATE SUBMITTAL OF DOCUMENTS 
                   RELATING TO DETAINEES OF THE UNITED STATES.

       (a) Withholding of 25 Percent of Funding for Certain 
     Programs.--25 percent of amounts otherwise available to carry 
     out the functions or duties under the following programs may 
     not be obligated or expended until the date on which all of 
     the documents described in subsection (b) are submitted to 
     the appropriate congressional committees:
       (1) The Central Intelligence Agency Program.
       (2) The Army Tactical Intelligence and Related Activities 
     Program.
       (3) The General Defense Intelligence Program.
       (4) The Joint Military Intelligence Program.
       (b) Documents Described.--The documents referred to in 
     subsection (a) are all documents, including reports, 
     correspondence, legal memoranda, and electronic 
     communications related to the handling and treatment of 
     detainees under the custody and control of the United States 
     or individuals held on behalf of the United States in Iraq, 
     Afghanistan, Guantanamo Bay, Cuba, and elsewhere.
       (c) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means the 
     following:
       (1) The Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate.
       (2) The Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on 
     Appropriations of the House of Representatives.

  The CHAIRMAN. Pursuant to House Resolution 686, the gentleman from 
Texas (Mr. Reyes) and a Member opposed each will control 10 minutes.
  The Chair recognizes the gentleman from Texas (Mr. Reyes).
  Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I offer an amendment to the Intelligence authorization 
bill aimed at getting the full story on the prisoner abuse issue at 
places such as Abu Ghraib and Afghanistan.
  The abuses of Iraqi detainees at Abu Ghraib were reprehensible; I 
think we can all agree on that. Colleagues on both sides of the aisle 
have agreed on that, particularly after reviewing the now-infamous 
photos behind closed doors that were made available to us on Capitol 
Hill.
  I am equally disturbed by the indictment of CIA contractor David 
Passaro, who allegedly assaulted a detainee at a detention facility in 
Afghanistan. This indictment is yet another sobering reminder that the 
detainee abuses were not limited to the Abu Ghraib prison.
  Make no mistake: interrogations are critical to the war on terrorism. 
I know that; I respect that. They are one way of generating dots that 
might lead to the intelligence community, providing information on the 
next terrorist plot.
  But the prisoner abuse issue and the broader issue of our 
interrogation policy is one that cries out for stronger congressional 
oversight. Congress has got to get that straight and has got to get the 
story and understand how interrogations may have gone off track. 
Anything short of that would be a breach of faith with the American 
public which expects us to conduct vigorous oversight on issues of 
importance such as this.
  The intelligence community has been trying to get the straight story 
on Abu Ghraib. We have had five hearings thus far. But, frankly, the 
witnesses that have appeared before our committee have not been very 
forthcoming, in my opinion. Nor up until last night has the

[[Page H4868]]

Department of Defense been very forthright with key documents for the 
committee, documents that we have requested, including documents from 
the Defense Department, which they promised to provide to our 
committee.
  Our sixth hearing was to be an all-day affair, the majority's chosen 
topic that day: the value of interrogations. While that is a legitimate 
area of inquiry, it is not what I would call hard-hitting oversight, 
nor would it have enhanced our understanding of the events that 
occurred at Abu Ghraib.
  My amendment would strengthen oversight in the Intelligence 
authorization bill. It would hold the executive branch's feet to the 
fire by fencing a large sum of money until the committee received all 
the documents related to the handling and the treatment of detainees in 
Iraq, Afghanistan, Guantanamo Bay, and elsewhere. It is intended to 
underscore the seriousness of the prisoner abuse issue and the 
committee's determination to get the straight story. It will take the 
Department of Defense little time at all to comply with this request 
from our committee.
  I offered this amendment during the committee's consideration of this 
bill. Although the amendment was defeated on straight party lines, I am 
pleased to report that yesterday the Department of Defense finally, 
finally, sent over a large batch of documents on interrogation policy.
  It included many of the documents that the Permanent Select Committee 
on Intelligence was seeking, but not all of them. For example, it did 
not include the standard operating procedures for Guantanamo Bay which 
Major General Jeff Miller promised the committee; and it did not 
include documents related to interrogation policy in Iraq, signed by 
Lieutenant General Sanchez.

                              {time}  2000

  Nor does it include Brigadier General Karpinski's December 2003 
response to the Red Cross.
  This authorization bill needs to be stronger on oversight. We need to 
do our job properly. We should not fall for the administration's 
selective provision of documents simultaneously released to us and to 
the media.
  The majority's report language called this amendment a petty action 
masquerading as a good gesture. Petty or not, this amendment and other 
actions generated pressure that yielded results, which is more than a 
few hearings have accomplished to date.
  I believe that there is more to the interrogation story, like the 
revelation last week that Secretary Rumsfeld ghosted a detainee at the 
request of CIA Director Tenet in direct conflict of testimony presented 
to our Permanent Select Committee on Intelligence.
  For this and many other reasons that we have well documented, I urge 
my colleagues to support this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GOSS. Mr. Chairman, I seek time in opposition.
  The CHAIRMAN. The gentleman from Florida (Mr. Goss) is recognized for 
10 minutes.
  Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
  This particular amendment was given very careful consideration in the 
committee, and it was voted down. We will have some reasons, and I am 
going to yield in a few minutes to the gentleman from Nevada (Mr. 
Gibbons), not yet, to explain some of them, as the chairman of our 
Subcommittee on Human Intelligence, Analysis, and Counterintelligence.
  But I think its it is important to note that our committee has really 
led, I think, very responsibly in the area of oversight. We have had, I 
believe it is five hearings now; we have something like close to 7,000 
pages in seven or eight different categories. We are getting full 
cooperation. I do not understand exactly why it is there is a feeling 
that we need to go forward and shut down the money to the people who 
are carrying the war on terrorism because we feel they we are not 
getting enough cooperation. If we got much more cooperation, I would 
not have any staff available to prepare this bill, we have so many 
documents to work with. So there is no question that the oversight is 
being done.
  I think to say this was a petty gesture posing as a grand gesture or 
whatever the language was is not off-base. It is unnecessary. I think 
we hashed this out in our committee, and I am sorry it has come back 
again. We are doing our job.
  Now, before I yield to the gentleman from Nevada (Mr. Gibbons), I do 
need to point out that, indeed, I just received the mail, my mail 
apparently does not come in quite as rapidly, but I too got the letter 
from Director Tenet; and it appears that Director Tenet is also having 
a problem with his mail, because he is referring here to language in a 
draft that is no longer relevant in making a complaint about language 
that does not exist.
  It is true that in our report, and I will be happy to read on page 23 
the offending language. The offending language is this: ``The CIA must 
collect against all types of targets needed to gain the insights and 
the plans and intentions of our adversaries, be they terrorists, 
political, economic, military in nature. Countering the threat from 
terrorism is, of course, and should be at the top of the CIA's list of 
collection priorities, but the Central Intelligence Agency must 
continue to be much more than just a ``central counterterrorism 
agency'' if America is to be truly secure, prosperous, and free.
  I do not think anybody disagrees with that. We have weapons of 
proliferation, we have counternarcotics efforts, we have racketeering, 
things going on. What we are saying here is what every member of the 
committee knows, that we have insufficiency of capability in the 
intelligence community to do all the tasks we need to protect America 
from all of the threats that are out there. And I quite agree that that 
is a matter that we have all expressed concern on, and that is what we 
have done.
  I think for the Director to come back and suggest that there is an 
unhealthy emphasis on counterterrorism is a stretch; and I think he has 
had bad staff work, and I hope he takes care of it.
  The second thing I would point out in the same letter is something 
that we have reported on today, and I am quoting: ``The damage done by 
inattention to the clandestine service during the first half of the 
1990s cannot be repaired in the blink of an eye.''
  We all know that. We all know we have an insufficiency problem, and 
we all understand that we have a threat that is serious and that we are 
trying to deal with it, and this bill builds back capability to deal 
with it.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Mr. Chairman, I thank the chairman for yielding me this 
time.
  I rise in strong opposition to the amendment of my good friend, the 
gentleman from Texas (Mr. Reyes), not only for what it says, but for 
what it does as well.
  This amendment would withhold funding to the men and women of the 
intelligence community at the very time when they are engaged in the 
global war on terror. Let us be clear, Mr. Chairman, about what this 
amendment really does. They say it fences, but it really cuts, and I 
will explain that in a minute, it cuts vital intelligence funding. This 
is not just another innocuous document request.
  This amendment cuts 25 percent of the funding going to our most 
critical intelligence program until Congress receives all of the 
documents relating to detainees in Iraq, Afghanistan, Guantanamo Bay, 
and elsewhere. The amendment does not name which documents; it just 
says all of the documents. That is as open-ended a question as any 
request could be, and I dare say that it would be impossible to ever 
satisfy that request.
  What is really happening here is an attempt to play politics with 
intelligence funding at a time when we are at war. It is stunning to me 
to see this sort of thing happening. It is not right, and it should not 
happen. We should not be cutting off the funds for these agencies.
  This is not the time to play politics or to be withholding 
intelligence funding. The ranking member says she is for more 
intelligence funding, and I believe that; yet she and her colleagues 
supported this measure in committee. It seems to me that if they were 
serious about the funding of the war on terrorism, they would not be 
offering this amendment.

[[Page H4869]]

  American intelligence collectors and soldiers are under constant fire 
in Iraq, Afghanistan, and yes, elsewhere; and American civilians are 
being kidnapped and beheaded in gruesome videotaped ceremonies, and all 
the while this is happening, the opposition wants to withhold 
intelligence funding.
  Mr. Chairman, the idea that someone is trying to hide documents from 
Congress or that the administration is stonewalling and is not 
providing the documents is foolishness. The committee has received 
excellent cooperation to date from the Defense Department and the CIA. 
This is just petty politics masquerading, as they say, as a grand 
gesture.
  Here are the facts: earlier this month, the committee made an 
official request to Secretary Rumsfeld for the documents. That request, 
which was signed by both the HPSCI chairman and ranking member, is 
being honored. We have received thousands upon thousands of pages of 
documents, including the Miller report, the Ryder report, the Taguba 
report, and the Army's official interrogation manual.
  Just yesterday, we received hundreds of pages of documents that 
included Presidential memos on al Qaeda and Taliban detainees, and 
internal DOD memoranda and Justice Department legal documents. We are 
getting the documents as fast as they can be gathered and forwarded to 
us.
  The committee has held five, yes, five full committee meetings thus 
far on the detainee hearing. Our sixth hearing, the most substantial we 
have planned for to date, was scheduled for the same day as the Reagan 
funeral, so we had to reschedule it for July 13, 2004. But that hearing 
is going forward and will be an all-day affair, with three separate 
panels and some very senior people to talk to us about the detainee 
policy and procedures.
  Mr. Chairman, we are getting the documents we requested. Let me also 
add that, as I said before, we have had a total of 63 different 
hearings on this between the Senate and the House on this issue. I 
think we are getting excellent cooperation. If we ask much more of 
these people on this issue, they will not be able to fight the war on 
terrorism; they will have to be here defending their position on this 
issue day in and day out.
  This amendment is unnecessary, and it would only hurt the brave men 
and women who are out there trying to protect us.
  Mr. Chairman, I ask all Members to oppose this amendment.
  Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
  I would remind my colleague that we have provided a specific list of 
documents that we required that have not been complied with. And as to 
giving them to us as quickly as they possibly can, how long does it 
take to have somebody copy the interrogation procedures of Guantanamo 
Bay and provide them to the committee? It takes at the most maybe a 
day, so they have not been forthcoming.
  Mr. GOSS. Mr. Chairman, will the gentleman yield?
  Mr. REYES. I yield to the gentleman from Florida.
  Mr. GOSS. Mr. Chairman, what is the list the gentleman is referring 
to? The letter that the gentlewoman from California (Ms. Harman) and I 
have written we have had response to, and we are getting more response. 
What list is the gentleman referring to, may I ask?
  Mr. REYES. Mr. Chairman, we have a comprehensive list of documents 
that have been put together. I will be glad to furnish it to the 
chairman.
  Mr. GOSS. Mr. Chairman, if the gentleman will yield, is this a list 
that the committee has taken action on that has not been responded to?
  Mr. REYES. Mr. Chairman, this was a list that we compiled of 
documents that were promised to us through the hearing process.
  Mr. GOSS. May I ask who compiled the list? Who signed this request?
  Mr. REYES. It was signed by the committee staff based on questions 
that we had and documents that had been provided.
  If I may reclaim my time, Mr. Chairman, I yield 3 minutes to the 
gentleman from Washington (Mr. Dicks), my good friend and colleague and 
the former ranking member of this committee.
  Mr. DICKS. Mr. Chairman, first of all, I want to rise in support of 
the Reyes amendment. I wanted to go back to the Rogers amendment just 
for a second, and I wanted to compliment the ranking member for 
opposing it.
  Mr. Chairman, I served on the committee from 1990 to 1998. There was 
an understanding at the end of the Cold War, this was during the first 
Bush administration, that we were going to cut Defense by about 30 
percent, 33 percent, but intelligence would be protected and held at 
about a 10 percent cut. It was believed that everything within this 
Defense budget should be reduced at that point in time.
  So this was the policy laid down by Dick Cheney and Colin Powell. 
This created the base for us, and when the new administration came into 
office in 1993, Jim Woolsey was the head of the CIA, and he felt that 
they had to make some contribution. But we protected Intelligence. We 
protected it at the time.
  So the gentleman's information, the gentleman from Michigan's 
information, here is inaccurate; and I think it is too bad, really, 
that this is in these findings, because we all want to support the 
intelligence community tonight. But I could not support these findings. 
I could not ask one single Member of the Democratic Party to support 
these findings, because they are inaccurate. They are not correct, and 
they are distorted. Also, I thought we had a rule around here that we 
are not supposed to disclose intelligence information. I guess 
percentages do not count, but saying that the budget was cut a certain 
percentage, I think, is a mistake, and to acknowledge that publicly is 
a mistake.
  So I just wanted to stand up here tonight and say this: the Reyes 
amendment is about not getting to the bottom of this. I remember when 
my good friend, the gentleman from Florida (Mr. Goss), and I were on 
the committee together. We had every investigation imaginable into the 
Clinton administration. One could not think up something that we did 
not investigate. We went along with that, because we felt that doing 
the investigations was the right thing.
  Now, on this one, guys, if we do not get to the bottom of this 
Guantanamo Bay and Iraqi prison thing, and if we do not insist that we 
get the information, I will be up here with a resolution of inquiry to 
demand that these Departments disclose this information.
  Mr. GOSS. Mr. Chairman, will the gentleman yield?
  Mr. DICKS. I yield to the gentleman from Florida.
  Mr. GOSS. Mr. Chairman, I thank my distinguished friend and colleague 
for yielding. I guarantee, if the gentleman came up and took a look at 
the record of what we are doing, have done and are continuing to do, 
you would be proud that the committee is doing oversight properly.
  Now, I would also like, if the gentleman will allow me, to quote from 
the Director of Central Intelligence a letter.
  Mr. DICKS. Mr. Chairman, I want to take back my time. The gentleman 
has time on his own now, and he can use his own time.
  The CHAIRMAN. The gentleman's time has expired. The gentleman from 
Texas (Mr. Reyes) has 1 minute remaining and the gentleman from Florida 
(Mr. Goss) has 1\1/2\ minutes remaining.
  Mr. REYES. Mr. Chairman, who has the right to close?
  The CHAIRMAN. The gentleman from Florida has the right to close.
  Mr. REYES. Mr. Chairman, I yield 45 seconds to the gentlewoman from 
California (Ms. Harman), the distinguished ranking member.
  Ms. HARMAN. Mr. Chairman, I thank the gentleman for yielding me this 
time. I strongly support his amendment. I supported it in committee; I 
support it now.
  We have not had full cooperation from the administration. We have not 
had candid testimony from witnesses. I would not say that this is a 
petty gesture. I think it is a profound gesture to insist that the 
oversight prerogative of our committee be respected and that the rule 
of law always apply to the interrogation of prisoners.

                              {time}  2015

  Mr. REYES. Mr. Chairman, in closing I would like to remind our 
colleagues that Members on both sides of the aisle were exasperated 
many, many times

[[Page H4870]]

because if we did not ask the right question or just the exact 
question, we were not provided the information that was requested.
  Secondly, how many times have we held hearings and the day or weekend 
later we open up the newspaper and there is a conflicting story in 
there about information that we had been provided in the meeting.
  So it is about our responsibility to do our oversight, it is about 
our responsibility to do this job right. I urge all Members to support 
this amendment.
  Mr. Chairman, I yield back my time.
  Mr. GOSS. Mr. Chairman, I want to respond just to my good friend the 
gentleman from Washington (Mr. Dicks) by giving you a statement that we 
just received from the Director of Central Intelligence. I just saw it. 
I read it a minute ago. ``The damage done by inattention to the 
clandestine service during the first half of the 1990s cannot be 
repaired in the blink of an eye. It was severe.''
  Now, the problem is you want it both ways. You said it was protected. 
Actually, the administration did a pretty good job of trying to protect 
the administration. It was the democratically controlled Congress that 
cut the budget as we have pointed out earlier in this debate.
  I will not defend or get involved in the Rogers amendment right now 
because we are talking about another amendment. But I will hold this up 
because this is why the problem exists. The promise was broken.
  I quote, ``Now that that struggle, the Cold War, is over, why is it 
that our vast intelligence apparatus continues to grow?'' Now, that 
kind of statement just before no votes on supporting the intelligence 
community happens to have been made by such distinguished Members of 
the Congress as Senator John Kerry. That was in May of 1997 from the 
Record. I got books full of that stuff. There is no doubt where the 
Record is. The Democratic party did not support the intelligence 
community.
  If I said anything incorrect, I would be very happy to allow my 
colleague the opportunity on some other time to correct it, because he 
did not allow me to correct that.
  But I will say that I think that we have covered the point that the 
gentleman from Texas (Mr. Reyes) has asked. Is the letter that he is 
referring to is the letter that was signed only by minority Members? Is 
that the letter my colleague is referring to?


                Preferential Motion Offered by Mr. Dicks

  Mr. DICKS. Mr. Chairman, I offer a preferential motion.
  The Clerk read as follows:

       Mr. Dicks moves that the Committee do now rise and report 
     the bill back to the House with the recommendation that the 
     enacting clause be stricken.

  The CHAIRMAN. The gentleman from Washington is recognized for 5 
minutes in support of his preferential motion.
  Mr. DICKS. Mr. Chairman, I want to take very strong exception to what 
the chairman of this committee, who I consider to be a personal friend, 
said to attack the Democrats in this House. And I was the ranking 
member of this committee for 4 years from 1994 to 1998. And we had 
bipartisan support for intelligence. And I think this is wrong to try 
to go back now and say after the Cold War was over, and there were some 
efforts, and it was first by the Bush administration, to reduce the 
money for defense. I mean, Dick Cheney was one of the biggest budget 
hawks and cutters on defense. He cut the B-2, he tried to get rid of 
the V-22, the F-15, F-16. One can go right down the list.
  Colin Powell was the chairman of the Joint Chiefs. They had what they 
called the base force which was one-third less than the size of the 
existing force. And as part of this downsizing, the intelligence 
community was cut by 10 percent.
  That was the policy of the first Bush administration that was 
inherited by the Clinton administration. And I must say during the 
years that I was on the committee under Dan Glickman as chairman and 
Larry Combest and the gentleman from Florida (Mr. Goss) as chairman, we 
were able to work on a bipartisan basis. And we supported intelligence. 
Now, we did not throw money at it. We tried to make sure that we 
invested wisely. We had to modernize all of our national technical 
means. But this was done on a bipartisan basis.
  I am very sorry to see this breakdown this year, for the first time 
to see the partisanship enter into this. Because I do not think it is 
in the best interest of our Congress or our national security, and 
especially at a time when we are in a war-time situation. But to attack 
the Democrats, I say to the gentleman from Florida (Mr. Goss), I think 
is uncalled for.
  Ms. HARMAN. Mr. Chairman, will the gentleman yield?
  Mr. DICKS. I yield to the gentlewoman from California.
  Ms. HARMAN. Mr. Chairman, I commend his service to the Congress and 
to the other body when we were both staffers. And I share his heat. I 
was standing on this floor just half an hour ago or so saying we all 
got it wrong. Mentioning the fact that starting in the first Bush 
administration and continuing in the early part of the Clinton 
administration, unfortunately, we disinvested in some critical parts of 
our intelligence and defense because we thought the world was safer.
  And to see the chairman of this committee, my friend, the gentleman 
from Florida (Mr. Goss), distort the record on the floor of the House 
is really surprising to me, stunning to me. I do not believe we on this 
side have done that. I think we have fairly shared across many 
administrations the mistakes that were made.
  As my colleague from Florida has pointed out many times, Mr. 
Chairman, what changed at 9/11 was the audience. Then, finally, there 
was the political will to act in ways that many of us on a bipartisan 
basis thought were the correct ways way before 9/11. I commend the 
gentleman from Florida for thinking they were correct before 9/11. But, 
sadly, four hours of debate is reaching a very sorry end here.
  The facts are the facts. The record should be accurate. And we on 
this side are trying to create an accurate record. And one of the 
things we have been urging is full funding of counterintelligence in 
this budget and that counterintelligence, the facts will show, is not 
fully funded.
  Mr. DICKS. Mr. Chairman, I have to use the time. Again, I just want 
to say that during the time I was on the committee, we tried to do the 
best we could for the Permanent Select Committee on Intelligence and 
the intelligence community, we supported it. I am very proud of the 
record that was achieved, was done on a bipartisan basis. I hope we can 
go back to that.
  I know it is painful when your person is in the White House and you 
have to defend the administration and you want to fend off all these 
investigations, I can just tell my colleague this, we investigated 
everything under the sun when Bill Clinton was at the White House 
because the majority party insisted on it. Now, when it is their person 
as President of the United States, they are not so excited about 
investigations and getting all this information. But I think it is 
important for the American people that we do get the information, that 
we do find out about these detainees, and that we do get in information 
in a timely way.
  If they are going to stonewall, then we will have to use other 
tactics like a resolution of inquiry to get the information from the 
Department of Defense.
  The CHAIRMAN. Does any Member claim time in opposition to the motion?
  The gentleman from Florida (Mr. Goss) is recognized for 5 minutes.
  Mr. GOSS. Mr. Chairman, I did not make any comment or hold up this 
quote from the Congressional Record that indicates that Senator Kerry 
had doubts about intelligence to be combative or confrontational or to 
be insensitive or to in any way offend my colleagues on the other side.
  Obviously, people like the gentleman from Washington (Mr. Dicks) have 
done a fabulous job over the years on a bipartisan basis. When he was 
in the majority he did that, and I am certain to say that. My comment 
is that when there was opposition to intelligence and year after year 
efforts to cut the intelligence budget, they did come from the 
Democratic side through the period of the 1990s.
  I have the material here. I do not want to bore my colleague with it 
or embarrass him with it, but vote after vote after vote. If he would 
like to see it, come on over. If he wants me to

[[Page H4871]]

read it into the Record, I will read it into the Record, however he 
likes.
  The fact is that all the people who knew about intelligence worked 
together to make it work. And we succeeded. And that was a good thing. 
We did not succeed well enough.
  Now, we can argue all day long and say because it was the Democratic 
leadership in the House or the Republican leadership in the House or so 
forth or because it was President Clinton did not care or did care, 
however you are going to characterize it, we could debate that all day 
long.
  The facts are that the cutting amendments to intelligence came from 
the Democratic side of the aisle and were supported over the decade of 
the 1990s by large numbers of Democrats. That is all I am trying to 
convey.
  I thank God for the Democrats who saw the light and supported the 
Intelligence Community, as I do now, and I see no reason why we cannot 
continue. I was trying to refer, perhaps in a hurried way, to the 
Congressional Record. As I say, I am happy to share it. I have no bones 
to pick, and I am not trying to create any kind of a firestorm or throw 
red meat out to the gentleman from Washington. I do not think this 
serves any further purpose. I hope he accepts my explanation.
  The CHAIRMAN. The question is on the preferential motion by the 
gentleman from Washington (Mr. Dicks).
  The preferential motion was rejected.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Reyes).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. REYES. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Texas (Mr. Reyes) will 
be postponed.


          Sequential Votes Postponed In Committee Of The Whole

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed, in the following order: Amendment No. 3, as modified, 
offered by the gentleman from New York (Mr. Boehlert), amendment No. 4 
offered by the gentleman from Texas (Mr. Sam Johnson), amendment No. 5 
offered by the gentleman from Michigan (Mr. Rogers), amendment No. 7 
offered by the gentleman from Connecticut (Mr. Shays), amendment No. 8 
offered by the gentleman from Ohio (Mr. Kucinich), amendment No. 9 
offered by the gentleman from Connecticut (Mr. Simmons), and amendment 
No. 10 offered by the gentleman from Texas (Mr. Reyes).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


         Amendment No. 3, As Modified, Offered by Mr. Boehlert

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment, as modified, offered by the gentleman from New York 
(Mr. Boehlert) 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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 335, 
noes 83, not voting 15, as follows:

                             [Roll No. 291]

                               AYES--335

     Ackerman
     Aderholt
     Akin
     Alexander
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bell
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clyburn
     Coble
     Cole
     Collins
     Cooper
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Fattah
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Ford
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hill
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Lucas (OK)
     Majette
     Manzullo
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meek (FL)
     Menendez
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mollohan
     Moore
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pallone
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sandlin
     Saxton
     Schiff
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Watson
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--83

     Abercrombie
     Allen
     Baldwin
     Becerra
     Berkley
     Blumenauer
     Brown (OH)
     Capps
     Capuano
     Conyers
     Costello
     Cummings
     Davis (IL)
     Delahunt
     DeLauro
     Doggett
     Emanuel
     Farr
     Filner
     Frank (MA)
     Grijalva
     Gutierrez
     Hinchey
     Honda
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jones (OH)
     Kanjorski
     Kilpatrick
     Kleczka
     Kucinich
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lynch
     Maloney
     Markey
     McCollum
     McGovern
     Meehan
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller, George
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pascrell
     Pastor
     Paul
     Payne
     Rahall
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Schakowsky
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Solis
     Stark
     Strickland
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watt
     Waxman
     Woolsey

                             NOT VOTING--15

     Bereuter
     Berman
     Buyer
     Carson (IN)
     Clay
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Israel
     McDermott
     Moran (VA)
     Rangel
     Tauzin
     Weiner


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Kline) (during the vote). Members are 
advised they have 2 minutes remaining in this vote.


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). The Chair would advise Members to 
check their votes on the voting board to rule out a potential 
discrepancy between one of the voting stations and the board.

[[Page H4872]]

                              {time}  2055

  Mrs. MALONEY, Messrs. NADLER, PASTOR, CONYERS, Ms. KILPATRICK, Mrs. 
CAPPS, Messrs. JACKSON of Illinois, ALLEN, NEAL of Massachusetts, 
MICHAUD, Ms. DeLAURO, Messrs. THOMPSON of California, LYNCH, BROWN of 
Ohio, LEVIN, DOGGETT, TOWNS, STRICKLAND, DELAHUNT, LARSON of 
Connecticut, MEEHAN, INSLEE, Ms. WOOLSEY, Mr. RUSH, Mr. WAXMAN, Ms. 
ROYBAL-ALLARD, Messrs. VAN HOLLEN, PASCRELL, Ms. SOLIS, Mrs. 
NAPOLITANO, Messrs. SCOTT of Virginia, RAHALL, EMANUEL, Ms. MILLENDER-
McDONALD, Ms. BERKELEY, and Messrs. DAVIS of Illinois, KANJORSKI and 
KLECZKA changed their vote from ``aye'' to ``no.''
  Messrs. SANDLIN, GRAVES, and BAIRD changed their vote from ``no'' to 
``aye.''
  So the amendment, as modified, was agreed to.
  The result of the vote was announced as above recorded.


          Amendment No. 4 Offered by Mr. Sam Johnson of Texas

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Texas (Mr. Sam Johnson) 
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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 366, 
noes 51, not voting 16, as follows:

                             [Roll No. 292]

                               AYES--366

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clyburn
     Coble
     Cole
     Collins
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Fattah
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Ford
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Issa
     Istook
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Manzullo
     Marshall
     Matheson
     McCarthy (MO)
     McCarthy (NY)
     McCotter
     McCrery
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mollohan
     Moore
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pallone
     Pascrell
     Paul
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schiff
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--51

     Abercrombie
     Baldwin
     Blumenauer
     Capuano
     Conyers
     Cummings
     Delahunt
     DeLauro
     Dicks
     Doggett
     Farr
     Filner
     Frank (MA)
     Grijalva
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kilpatrick
     Kleczka
     Kucinich
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Maloney
     Markey
     Matsui
     McCollum
     Millender-McDonald
     Miller, George
     Nadler
     Owens
     Pastor
     Payne
     Schakowsky
     Scott (VA)
     Serrano
     Slaughter
     Solis
     Stark
     Stupak
     Tauscher
     Thompson (CA)
     Tierney
     Velazquez
     Waters
     Watson
     Watt
     Woolsey

                             NOT VOTING--16

     Bereuter
     Berman
     Buyer
     Carson (IN)
     Clay
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Israel
     Linder
     McDermott
     Moran (VA)
     Rangel
     Tauzin
     Weiner


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 2 minutes remain 
in this vote.

                              {time}  2103

  Mr. PALLONE changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


           Amendment No. 5 Offered by Mr. Rogers of Michigan

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Michigan (Mr. Rogers) 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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 222, 
noes 195, not voting 16, as follows:

                             [Roll No. 293]

                               AYES--222

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof

[[Page H4873]]


     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--195

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Bell
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (OK)
     Case
     Chandler
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--16

     Bereuter
     Berman
     Buyer
     Carson (IN)
     Clay
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Israel
     Kolbe
     McDermott
     Moran (VA)
     Rangel
     Tauzin
     Weiner


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 2 minutes remain 
in this vote.

                              {time}  2110

  Mr. WEXLER changed his vote from ``aye to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. MORAN of Virginia. Mr. Chairman, on rollcall No. 293, I was 
unavoidably detained off the Hill. Had I been present, I would have 
voted ``no.''


                  Amendment No. 7 Offered by Mr. Shays

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Connecticut (Mr. Shays) 
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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 419, 
noes 0, not voting 14, as follows:

                             [Roll No. 294]

                               AYES--419

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clyburn
     Coble
     Cole
     Collins
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher

[[Page H4874]]


     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--14

     Bereuter
     Berman
     Buyer
     Carson (IN)
     Clay
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Israel
     McDermott
     Rangel
     Tauzin
     Weiner


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 2 minutes remain 
in this vote.

                              {time}  2116

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                Amendment No. 8 Offered by Mr. Kucinich

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Ohio (Mr. Kucinich) 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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 343, 
noes 76, not voting 14, as follows:

                             [Roll No. 295]

                               AYES--343

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baldwin
     Bartlett (MD)
     Bass
     Beauprez
     Becerra
     Bell
     Berkley
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Bono
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (OK)
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clyburn
     Coble
     Cole
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Ferguson
     Filner
     Foley
     Forbes
     Ford
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hayes
     Hayworth
     Hefley
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Hulshof
     Inslee
     Isakson
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     Kirk
     Kleczka
     Kline
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McGovern
     McHugh
     McInnis
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shays
     Sherman
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tanner
     Tauscher
     Taylor (MS)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Waters
     Watson
     Watt
     Waxman
     Weldon (PA)
     Weller
     Wexler
     Wicker
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--76

     Aderholt
     Akin
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Barton (TX)
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Boozman
     Brady (TX)
     Burgess
     Cannon
     Cantor
     Carter
     Collins
     Culberson
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Everett
     Feeney
     Flake
     Fossella
     Franks (AZ)
     Garrett (NJ)
     Granger
     Hart
     Hastings (WA)
     Hensarling
     Herger
     Hostettler
     Houghton
     Hunter
     Hyde
     Jenkins
     Johnson, Sam
     Kelly
     King (NY)
     Kingston
     Knollenberg
     Lewis (KY)
     Lucas (OK)
     McCrery
     McKeon
     Mica
     Miller (MI)
     Murphy
     Musgrave
     Neugebauer
     Oxley
     Petri
     Putnam
     Radanovich
     Rogers (AL)
     Ryan (WI)
     Ryun (KS)
     Schrock
     Sensenbrenner
     Shadegg
     Shaw
     Sherwood
     Souder
     Tancredo
     Taylor (NC)
     Thornberry
     Wamp
     Weldon (FL)
     Whitfield
     Wilson (SC)

                             NOT VOTING--14

     Bereuter
     Berman
     Buyer
     Carson (IN)
     Clay
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Israel
     McDermott
     Rangel
     Tauzin
     Weiner


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised that 2 minutes 
remain in this vote.

                              {time}  2123

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 9 Offered by Mr. Simmons

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Connecticut (Mr. 
Simmons) 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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 417, 
noes 1, not voting 15, as follows:

                             [Roll No. 296]

                               AYES--417

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Becerra
     Bell
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clyburn
     Coble
     Cole
     Collins
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr

[[Page H4875]]


     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--1

       
     Abercrombie
       

                             NOT VOTING--15

     Bereuter
     Berman
     Buyer
     Carson (IN)
     Clay
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Israel
     McDermott
     Rangel
     Tauzin
     Terry
     Weiner


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised that 2 minutes 
remain in this vote.

                              {time}  2130

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 10 Offered by Mr. Reyes

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Texas (Mr. Reyes) 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 CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 149, 
noes 270, not voting 14, as follows:

                             [Roll No. 297]

                               AYES--149

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Becerra
     Bell
     Berry
     Bishop (GA)
     Blumenauer
     Brady (PA)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Clyburn
     Conyers
     Cramer
     Crowley
     Cummings
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Emanuel
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Frank (MA)
     Gonzalez
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hinojosa
     Hoeffel
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kilpatrick
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Lewis (GA)
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Markey
     Matsui
     McCarthy (MO)
     McCollum
     McGovern
     McIntyre
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mollohan
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Rahall
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Stark
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                               NOES--270

     Aderholt
     Akin
     Alexander
     Bachus
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Berkley
     Biggert
     Bilirakis
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Coble
     Cole
     Collins
     Cooper
     Costello
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emerson
     English
     Etheridge
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Ford
     Fossella
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hill
     Hinchey
     Hobson
     Hoekstra
     Holden
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Issa
     Istook
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (OK)
     Manzullo
     Marshall
     Matheson
     McCarthy (NY)
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     McNulty
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moore
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller

[[Page H4876]]


     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--14

     Bereuter
     Berman
     Buyer
     Carson (IN)
     Clay
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Israel
     McDermott
     Rangel
     Tauzin
     Weiner


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised 2 minutes remain 
in this vote.

                              {time}  2137

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. There being no other amendments, 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 CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Isakson) having assumed the chair, Mr. Simpson, 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. 4548) to 
authorize appropriations for fiscal year 2005 for intelligence and 
intelligence-related activities of the United States Government, the 
Community Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes, pursuant to 
House Resolution 686, 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 committee 
amendment in the nature of a substitute adopted by the committee of the 
whole?
  Ms. HARMAN. Mr. Speaker, I demand a revote on the Sam Johnson of 
Texas amendment.
  The SPEAKER pro tempore. Is a separate vote demanded on any other 
amendment?


                         Parliamentary Inquiry

  Mr. SAM JOHNSON of Texas. Mr. Speaker, I have a parliamentary 
inquiry.
  The SPEAKER pro tempore. The gentleman will state his parliamentary 
inquiry.
  Mr. SAM JOHNSON of Texas. Mr. Speaker, even though our soldiers have 
been indicted and the President has released all his records, I would 
like to know if we can compare the votes of those who voted for against 
those who voted against.


                             Point of Order

  Mr. FRANK of Massachusetts. Mr. Speaker, point of order.
  The SPEAKER pro tempore. The gentleman will suspend.
  The Chair recognizes the gentleman from Texas (Mr. Sam Johnson).
  Mr. SAM JOHNSON of Texas. Mr. Speaker, even though the President has 
released all his records, I would like to ask, would we be able to 
compare the votes of those who voted for and those who vote against 
now?


                             Point of Order

  Mr. FRANK of Massachusetts. Point of order, Mr. Speaker.
  The SPEAKER pro tempore. The Chair could not hear due to another 
inquiry being made from the Chair's right. The gentleman from Texas may 
state a parliamentary inquiry.
  Mr. SAM JOHNSON of Texas. Mr. Speaker, can we take a look and compare 
the votes of those who voted for the amendment the first time against 
those who voted for the amendment the second time?
  The SPEAKER pro tempore. Members may take their own cognizance of 
such matters.
  The gentleman from Massachusetts (Mr. Frank) is recognized on his 
point of order.
  Mr. FRANK of Massachusetts. Mr. Speaker, I withdraw the point of 
order, because the point of order no longer lies, the phraseology 
having been withdrawn.
  The SPEAKER pro tempore. The Clerk will redesignate the amendment on 
which a separate vote has been demanded.
  The Clerk redesignated the amendment.
  The text of the amendment is as follows:

       Amendment:
       At the end of title III (page 11, after line 8), insert the 
     following new section:

     SEC. 304. SENSE OF CONGRESS THAT THE APPREHENSION, DETENTION, 
                   AND INTERROGATION OF TERRORISTS ARE FUNDAMENTAL 
                   TO THE SUCCESSFUL PROSECUTION OF THE GLOBAL WAR 
                   ON TERROR.

       (a) Findings.--The Congress finds the following:
       (1) Throughout the 1980s and 1990s, the people of the 
     United States were too often brutalized again and again by 
     deadly terrorist violence, as evidenced by the hundreds of 
     American deaths in the Beirut and Lockerbie bombings, the 
     attack on the World Trade Center in 1993, the destruction of 
     the Khobar Towers military barracks, the bombing of the 
     American embassies in Kenya and Tanzania, and the vicious 
     attacks on the USS Cole in 2000.
       (2) The terrorist violence targeted against the United 
     States became more emboldened after each attack, culminating 
     in the deadly attacks on the World Trade Center and the 
     Pentagon on September 11, 2001, which killed thousands of 
     innocent Americans, including innocent women and children.
       (3) Since September 11, 2001, the citizens of the United 
     States have remained the priority target of terrorist 
     violence, with journalists and employees of non-governmental 
     organizations being held hostage, tortured, and decapitated 
     in the name of terror.
       (4) Congress has authorized the President to use all 
     necessary and appropriate means to defeat terrorism; and on 
     numerous occasions since September 11, 2001, and throughout 
     the Global War on Terror, the interrogation of detainees has 
     yielded valuable intelligence that has saved the lives of 
     American military personnel and American citizens at home and 
     abroad.
       (5) The interrogation of detainees has also provided highly 
     valuable insights into the structure of terrorist 
     organizations, their target selection process, and the 
     identities of key operational and logistical personnel that 
     were previously unknown to the Intelligence Community.
       (6) The lawful interrogation of detainees is consistent 
     with the United States Constitution.
       (7) The abuses against detainees documented at Abu Ghraib 
     prison in Iraq were deplorable aberrations that were not part 
     of United States policy and were not in keeping with the 
     finest traditions of the United States military and the 
     honorable men and women who serve.
       (8) The loss of interrogation-derived information would 
     have a disastrous effect on the Nation's intelligence 
     collection and counterterrorism efforts and would constitute 
     a damaging reversal in the Global War on Terror during this 
     critical time.
       (9) The apprehension, detention, and interrogation of 
     terrorists are essential elements to successfully waging the 
     Global War on Terror.
       (10) The interrogation of detainees can and should continue 
     by the United States within the bounds of the United States 
     Constitution and the laws of the United States of America.
       (b) Sense of Congress.--It is the sense of Congress that 
     the apprehension, detention, and interrogation of terrorists 
     are fundamental to the successful prosecution of the Global 
     War on Terror.
  The SPEAKER pro tempore. The question is on the amendment.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Ms. HARMAN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. The gentleman from Florida (Mr. Weldon).
  Mr. WELDON of Florida. Mr. Speaker, I ask unanimous consent to make 
this a 5-minute vote.
  The SPEAKER pro tempore. The Chair cannot entertain that request.
  The vote was taken by electronic device, and there were--ayes 304, 
noes 116, not voting 14, as follows:

                             [Roll No. 298]

                               AYES--304

     Aderholt
     Akin
     Alexander
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bell
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Coble
     Cole
     Collins
     Cooper
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dooley (CA)
     Doolittle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Emerson
     Engel
     English

[[Page H4877]]


     Etheridge
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Ford
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hill
     Hobson
     Hoekstra
     Holden
     Holt
     Hooley (OR)
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Marshall
     Matheson
     McCarthy (NY)
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moore
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pallone
     Pascrell
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Sanchez, Loretta
     Sandlin
     Saxton
     Schiff
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Upton
     Van Hollen
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Young (AK)
     Young (FL)

                               NOES--116

     Abercrombie
     Ackerman
     Allen
     Baldwin
     Becerra
     Berkley
     Blumenauer
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Clyburn
     Conyers
     Costello
     Cummings
     Davis (AL)
     Davis (IL)
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Emanuel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Frank (MA)
     Grijalva
     Gutierrez
     Harman
     Hinchey
     Hinojosa
     Hoeffel
     Honda
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kilpatrick
     Kleczka
     Kucinich
     Langevin
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Majette
     Maloney
     Markey
     Matsui
     McCarthy (MO)
     McCollum
     McGovern
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mollohan
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pastor
     Payne
     Pelosi
     Rahall
     Rodriguez
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanders
     Schakowsky
     Scott (VA)
     Serrano
     Slaughter
     Solis
     Stark
     Strickland
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Woolsey
     Wynn

                             NOT VOTING--14

     Bereuter
     Berman
     Buyer
     Carson (IN)
     Clay
     DeMint
     Deutsch
     Fossella
     Gephardt
     Hastings (FL)
     Israel
     McDermott
     Rangel
     Tauzin


                Announcement by the Speaker Pro Tempore

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

                              {time}  2157

  Mr. NEY changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. 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 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. Peterson of Minnesota

  Mr. PETERSON of Minnesota. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. PETERSON of Minnesota. I am, in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Peterson of Minnesota moves to recommit the bill H.R. 
     4548 to the Permanent Select Committee on Intelligence with 
     instructions to report the same back to the House forthwith 
     with the following amendment:
       At the end of title I (page 8, after line 4), insert the 
     following new section:

     SEC. 105. INCREASE IN AUTHORIZATION OF APPROPRIATIONS TO 
                   FULLY FUND THE NATIONAL FOREIGN INTELLIGENCE 
                   PROGRAM.

       (a) Increase.--The amounts authorized to be appropriated 
     under section 101 for the conduct of the intelligence and 
     intelligence-related activities of the elements listed in 
     such section for the Contingency Emergency Reserve, as 
     specified in the classified Schedule of Authorizations 
     referred to in section 102, are increased 100 percent, and 
     such classified Schedule of Authorizations is modified 
     accordingly.
       (b) Use for Counterterrorism Activities of the Intelligence 
     Community.--Amounts appropriated pursuant to the increase in 
     authorization of appropriations under subsection (a) may only 
     be used for counterterrorism activities of the intelligence 
     community.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota (Mr. Peterson) is recognized for 5 minutes.
  Mr. PETERSON of Minnesota. Mr. Speaker, I yield 30 seconds to the 
gentlewoman from California (Ms. Harman), the ranking member of the 
committee.
  Ms. HARMAN. Mr. Speaker, I thank my colleague for yielding me this 
time.
  I want to explain to this House my request for a re-vote on the 
Johnson of Texas amendment. Like the gentleman from Texas (Mr. Sam 
Johnson), I believe that interrogations within the rule of law are 
essential to protect American lives. However, clause 7 of his 
amendment, upon rereading, I think was a bit difficult for many of us. 
It says, ``the abuses were not part of United States policy,'' and I 
think that statement is premature until we review all of the documents 
and get additional testimony on the matter. That is why I requested 
another vote.
  Mr. PETERSON of Minnesota. Mr. Speaker, I yield myself such time as I 
may consume.
  The motion to recommit includes the 100 percent funding for 
counterterrorism that we have talked about on this floor probably more 
than some of my colleagues want to hear about. But we are very 
concerned about this, and we are offering that again in this motion to 
recommit.
  I want everybody to be clear what is happening here. We kind of put 
the cart before the horse. Yesterday we passed the Defense 
appropriation bill, which had the money in it for these items. Today we 
are doing the authorization. This is not the way we should be doing 
things. We have the cart before the horse, if you will.
  One of the reasons that we are doing this on this side is because we 
were not really in the loop on these negotiations that took place where 
they made the deal between the different committees to come up with 
these amounts. The staff was involved in some of the discussions, but 
the members were not. We did not get the final thing until about a day 
before the markup, and during this process, our staff had told the 
other side that we wanted 100 percent funding for counterterrorism, and 
it was not in the bill, so we offered this amendment.

                              {time}  2200

  And that is the spirit of what we are trying to accomplish here. And 
folks need to understand that the agencies have come in and asked us 
for a certain amount of money for counterterrorism. And what is in this 
bill is about one-third of what was asked for.
  Now, to go through the list, for example, there is only 5 percent in 
this bill for the NRO, 19 percent for NSA, 26 percent for NGA, and 35 
percent for the

[[Page H4878]]

CIA. So they put the most money into the CIA, but in this bill, it is 
11.1 percent less money in 2005 for the CIA than it was in 2004. So 
that is what is in this bill.
  Now, obviously, everybody is going to know we are going to have a 
supplemental to try to plus that up. But the problem is that these 
agencies only have the money for the first 3 or 4 months, and we are 
not going to get that supplemental done until later. And there is going 
to be a gap. And that is a problem. Because the folks in the country 
expect us to be focused on terrorism, to put our emphasis on 
counterterrorism. And we do not think this bill gets us to where it 
needs to be.
  We do not want to be in this position. We try to work these things 
out. But, frankly, we did not have the opportunity to work it out the 
way it happened through the committee process. So we are here this 
evening, asking your support to fund what the agencies say they need so 
we have 100 percent of the money available for counterterrorism to do 
what needs to be done to protect the people of this country.
  Mr. Speaker, I yield 1 minute to the gentleman from Iowa (Mr. 
Boswell) who has worked with me on this amendment.
  (Mr. BOSWELL asked and was given permission to revise and extend his 
remarks.)
  Mr. BOSWELL. Mr. Speaker, it has been an interesting process. I look 
over there at people I have a lot of confidence in, the gentleman from 
Illinois (Mr. LaHood) and the gentleman from California (Mr. 
Cunningham) and many others, and the gentleman from Florida (Mr. Goss). 
There are things that we have said that we really have wanted to do 
over this process was to plus up the money for counterterrorism, simple 
as that.
  I say to the chairman, I really thought that would go. I realize he 
did not have a lot of warning, but I did not think it took a lot to do. 
When we went to the Committee on Rules yesterday, and we made our 
presentation there, I said clearly, and the ranking member agreed, I 
did not care who got the name on this thing. It did not make any 
difference. If the chairman of the Committee on Rules wanted it, we did 
not care. But we thought for the good of the country we needed to plus-
up the counterterrorism.
  Because the threat is out there. We are told about it all the time. 
We think about three major events that are coming up. And I even shared 
a little bit with one of my grandchildren what I would do if they 
wanted to go to one of those.
  Now, the country is in peril. We got a lot going for us, I do not 
need to start that argument, but all we wanted to do was to plus-up 
counterterrorism and make it more viable and make it happen for the 
safety of this country.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Florida (Mr. Goss) for 5 minutes.
  Mr. GOSS. Mr. Speaker, I hope not to use all my time. It is late. We 
have had a long day. We have a heavy legislative day tomorrow. I simply 
want to give Members my side of this, the committee's side of this.
  We have debated extensively. I guess I will start from the point that 
we have complaints from the other side of the aisle that we are not 
spending enough money in intelligence for the war on terrorism is a 
declaration of success that we have succeeded in getting the message 
across that we have a war on terrorism that we need it to fund and 
intelligence is important.
  Because last year we lost a lot of Democrats on the authorization 
bill. And this year I hope we do not lose any. Because I can tell my 
colleagues about this bill. I rise in opposition to the motion to 
recommit because the bill takes care of our needs. We do provide for 
the funding for the war on terrorism. It exceeds the President's 
February request by 16 percent. It exceeds by hundreds of millions, I 
cannot tell Members the exact number, but hundreds of millions. It is a 
lot of money.
  The intelligence appropriation for 2004, 2004 does not end until 
October. Even when you include in the 2004 the supplemental, it is 
still more. This bill has been coordinated with the House Committee on 
Armed Services. We have had testimony to that effect today from the 
gentleman from California (Mr. Hunter), the chairman, the House 
Committee on Appropriations; we have had testimony today from the 
gentleman from California (Chairman Lewis) and from the gentleman from 
Florida (Chairman Young) of the full committee. Their bills had 
bipartisan support. And, as we all know, the bill of the gentleman from 
California (Mr. Lewis) passed yesterday with strong bipartisan support.
  This bill authorizes more funds than the defense appropriations bill, 
which was voted on yesterday, but not many more. So there is not a 
bunch of hollow dollars in it. There are a few. But I will say that if 
you voted yesterday for the appropriation, there is no excuse not to 
vote for the authorization today.
  Now, when I came out here today, I was a little concerned that my 
biggest problem was going to be selling to some of my colleagues that 
this is the largest intelligence authorization in history. It is the 
largest intelligence authorization in history. It is supported by the 
administration as the right bill, it is coordinated properly. We are 
prepared to do business with the Senate, which has passed their bill on 
a unanimous bipartisan vote. I think we have done our job well. And I 
hope that our colleagues on both sides of the aisle can see that.
  Mr. Speaker, I yield to the distinguished Speaker of the House.
  Mr. HASTERT. Mr. Speaker, I know the gentleman from Florida has made 
his case. And before we go to vote on this and then into final passage 
of this bill, I just wanted to salute the gentleman from Florida. He 
has many great years of service as chairman of this committee.
  This is the last intelligence authorization that the gentleman from 
Florida will handle. He is retiring at the end of this year. We salute 
him as a great Member of this body and a great patriot. We thank him 
for his service.
  Mr. GOSS. I thank the Speaker.
  I am sufficiently embarrassed to say I very much appreciate that and 
I am going to sit down. I hope that the applause on the other side of 
the aisle was for the right reason. And I thank my colleagues, and I 
urge support of the bill and oppose the motion to recommit.
  The SPEAKER pro tempore (Mr. Isakson). 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 noes appeared to have it.
  Mr. PETERSON of Minnesota. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. 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 final passage.
  The vote was taken by electronic device, and there were--yeas 197, 
nays 224, not voting 13, as follows:

                             [Roll No. 299]

                               YEAS--197

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Bell
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (OK)
     Case
     Chandler
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar

[[Page H4879]]


     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NAYS--224

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--13

     Bereuter
     Berman
     Buyer
     Carson (IN)
     Clay
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Israel
     McDermott
     Rangel
     Tauzin


                Announcement by the Speaker Pro Tempore

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

                              {time}  2227

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. LaHOOD. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 360, 
noes 61, not voting 13, as follows:

                             [Roll No. 300]

                               AYES--360

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bell
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardin
     Cardoza
     Carson (OK)
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clyburn
     Coble
     Cole
     Collins
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Etheridge
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Frost
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Issa
     Istook
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Manzullo
     Marshall
     Matheson
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Owens
     Oxley
     Pascrell
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--61

     Abercrombie
     Baldwin
     Becerra
     Blumenauer
     Capps
     Capuano
     Conyers
     Davis (IL)
     DeLauro
     Duncan
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Green (TX)
     Grijalva
     Holt
     Honda
     Jackson (IL)
     Jackson-Lee (TX)
     Jones (OH)
     Kilpatrick
     Kleczka
     Kucinich
     Larson (CT)
     Lee
     Lewis (GA)
     Lofgren
     Markey
     Matsui
     Miller, George
     Mollohan
     Napolitano
     Oberstar
     Obey
     Olver
     Otter
     Pallone
     Pastor
     Paul
     Payne
     Reyes
     Roybal-Allard
     Rush
     Ryan (OH)
     Schakowsky
     Serrano
     Slaughter
     Solis
     Stark
     Tauscher
     Thompson (CA)
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Woolsey

                             NOT VOTING--13

     Bereuter
     Berman
     Buyer
     Carson (IN)
     Clay
     DeMint
     Deutsch
     Gephardt
     Hastings (FL)
     Israel
     McDermott
     Rangel
     Tauzin


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Isakson) (during the vote). There are 2 
minutes remaining in this vote.

[[Page H4880]]

                              {time}  2234

  Ms. JACKSON-LEE of Texas and Mr. MARKEY changed their vote from 
``aye'' to ``no.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________