[Congressional Record Volume 153, Number 77 (Thursday, May 10, 2007)]
[House]
[Pages H4787-H4794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page H4787]]

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                        House of Representatives

 PROVIDING FOR CONSIDERATION OF H.R. 2082, INTELLIGENCE AUTHORIZATION 
                  ACT FOR FISCAL YEAR 2008--Continued
                              {time}  1430

  Mr. HASTINGS of Washington. Let me say, then, Mr. Speaker, I will be 
asking for my colleagues to defeat the previous question so we will 
have an opportunity to vote on the merits of this amendment.
  Mr. Speaker, I ask unanimous consent to insert the text of the 
amendment and extraneous material immediately prior to the vote on the 
previous question.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 6 
minutes to the ranking member of the Intelligence Committee (Mr. 
Hoekstra).
  Mr. HOEKSTRA. I thank the gentleman for yielding.
  Mr. Speaker, I just need to clarify that the process that was used 
for the earmarks on this bill did not follow all of the rules that we 
had agreed upon in the committee and perhaps inconsistent with the 
Rules of the House. But I do know that they were inconsistent with the 
agreement that we have in the Intelligence Committee, which is that on 
a bipartisan basis the chairman and the ranking member would review 
earmarks, their content, the Member, and would sign off on the 
appropriateness of each of those earmarks.
  With the filing of the bill to the Rules Committee, there was at 
least one earmark that was never brought to my attention and for which 
I never received a copy of the request from the Member identifying the 
earmark or a statement from the Member indicating that there was no 
financial interest along with the earmark. Now, that does not say the 
earmark is bad. It does not say it was wrong. It is just a process foul 
in terms of what we had agreed to.
  Mr. REYES. Will the gentleman yield?
  Mr. HOEKSTRA. I yield to the chairman.
  Mr. REYES. I thank you for yielding, because one of the fundamental 
points I want to make is that we wanted to err on the side of 
transparency. Staff tells me that the issue of that particular earmark, 
weeks before we marked up the bill, was fully discussed on a bipartisan 
basis. I know it was discussed when we marked it up because there were 
a number of amendments that were brought to the markup.
  Mr. HOEKSTRA. It is clear that there may be some confusion as to 
exactly what was or what was not discussed, but the process between 
staff, the process that is outlined in the committee is clearly that 
the chairman and the ranking member will go through and review those 
items that are identified as earmarks, and we will agree on them, and 
we will agree upon their inclusion in the bill.
  The bill that was submitted and filed with Rules had at least one, I 
don't know about the full details, but had at least one earmark that 
the chairman and myself never discussed and also that, as a ranking 
member, I had never received what would have been identified as the 
paperwork that went along with it. The chairman knows that that 
particular earmark was one that was not discussed as an earmark. I 
don't think the inclusion and the identification of it as being an 
earmark in committee when we debated this specific provision was 
brought up.
  And so it is a cause of concern. And building on what happened with 
my colleague from Arizona (Mr. Flake), where the Rules Committee did 
not identify the earmarks that were part of that bill until 5 hours 
after the deadline for the Rules Committee, for Members to submit 
amendments.
  Mr. REYES. Will the gentleman yield?
  Mr. HOEKSTRA. I will yield.
  Mr. REYES. Those are two different issues. The time was an issue of 
Government Printing Office error. That is a different issue.
  I would just hope that my good friend and colleague and ranking 
member would agree that we sat down and agreed to bring transparency so 
that the issues that came up when the gentleman was the chair of the 
committee would not recur.
  Mr. HOEKSTRA. That is exactly the point, that whatever abuses, 
whatever we wanted transparency, these were guidelines and rules that 
we agreed upon in the previous Congress, where I am glad that they were 
carried over into this Congress. I am disappointed that they were not 
followed the way that they were outlined in the committee process.
  Mr. REYES. If the gentleman would yield.
  Mr. HOEKSTRA. I will yield.
  Mr. REYES. I would just again take issue with that point because we 
followed the process. Staff consulted on a bipartisan basis.
  Mr. HOEKSTRA. Reclaiming my time.
  Mr. Chairman, no, that does not follow. The measure that we had, you 
and I sat in a conference room; we went through the list with staff 
discussing specifically each and every earmark. And that earmark was 
not part of that process. When we got the report that accompanied this 
bill to the Rules Committee, all of a sudden there was a new earmark 
that you and I had not gone through. You can talk to staff and those 
types of things. I was never aware and neither were they that it was an 
earmark.
  Mr. HASTINGS of Washington. Mr. Speaker, I am going to once again 
urge

[[Page H4788]]

my colleagues to vote ``no'' on the previous question so the House can 
consider the amendment that I submitted from Heather Wilson of New 
Mexico.
  Mr. Speaker, with that, I yield back the balance of my time.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield myself the remaining 
portion of my time.
  I am fascinated by my colleagues' arguments on the other side. We did 
have a Rules Committee hearing on this matter, and there are four 
members of the Rules Committee on the minority, none of whom raised any 
of the issues that we have heard here today on the floor; understanding 
full well that Mr. Flake comes now and says that we should have a 
special session.
  I also know that here on the floor I offered to Mr. Flake an 
opportunity, by unanimous consent, to offer any amendment he may have, 
and he didn't have an amendment at that time. I assume his argument is 
that we would need to be in what he says a ``secret session.''
  But one thing I do know, being one of the few Members that does serve 
on the Rules Committee and on the Intelligence Committee, and that is 
that everyone knew the funding level of the issue that is being 
discussed. Mr. Flake may not have, but I can assure you that the 
remaining Members on the Intelligence Committee knew that the mark was 
included in our draft and the Community Management Account making that 
minority staff certainly aware at the time between the chairman and Mr. 
Hoekstra.
  Now, today more than ever, we must make the creation of a strong and 
flexible intelligence apparatus one of the highest, highest priorities 
of this body. The terrorist attacks of September 11, combined with the 
continuing threat of further attacks, underscore the importance of this 
legislation.
  When the American people elected Democrats to the majority, they sent 
a very clear message that ``business as usual'' is no longer accepted. 
They said to all of us, Republican and Democrat alike, that there are 
problems in the way we operate, and we need to change how we do 
business. We must, in my opinion, congratulate our intelligence 
community for its successes, but we also must hold them accountable for 
their failures. Rubber-stamping the administration's every action is 
not acceptable. Democrats are working every day, as are Republicans, to 
make America a safer place for all.
  I genuinely urge my colleagues to support this measure.
  I heard arguments about the climate change requirements put forward 
for there to be a national intelligence estimate in that regard. And 
there are arguments against it. I do not quite understand those 
arguments. We made it clear that much of the information is collectable 
by analysts at this time and that it would help prevent future 
terrorist developments. And the way the argument has been couched on 
the minority is as if this largest ever intelligence budget, largest in 
the history of the Congress, is not doing everything that is needed to 
be done because someone requested that there be a national intelligence 
estimate with reference to climate change. One day, some people in this 
body are going to get their head out of the sand and understand that 
something is changing in this climate of ours, in this world and that 
we all owe it as much as we can afford to make sure that we pass on a 
safe environment to all our children.
  With that, Mr. Speaker, I urge my colleagues to support the rule. I 
urge a ``yes'' vote on the previous question.
  The material previously referred to by Mr. Hastings of Washington is 
as follows:

                        Amendment to H. Res. 388

                 Offered by Rep. Hastings of Washington

       At the end of the resolution, add the following:
       Sec. 3. Notwithstanding any other provision of this 
     resolution, the amendment printed in section 4 shall be in 
     order as though printed as the last amendment in the report 
     of the Committee on Rules if offered by Representative Wilson 
     of New Mexico or a designee. That amendment shall be 
     debatable for 30 minutes equally divided and controlled by 
     the proponent and an opponent.
       Sec. 4. The amendment referred to in section 3 is as 
     follows:
       At the end of the bill, add the following new title:

            TITLE VI--ELECTRONIC SURVEILLANCE MODERNIZATION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Electronic Surveillance 
     Modernization Act''.

     SEC. 602. FISA DEFINITIONS.

       (a) Agent of a Foreign Power.--Subsection (b)(1) of section 
     101 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801) is amended--
       (1) in subparagraph (B), by striking ``; or'' and inserting 
     ``;''; and
       (2) by adding at the end the following:
       ``(D) is reasonably expected to possess, control, transmit, 
     or receive foreign intelligence information while such person 
     is in the United States, provided that the official making 
     the certification required by section 104(a)(7) deems such 
     foreign intelligence information to be significant; or''.
       (b) Electronic Surveillance.--Subsection (f) of such 
     section is amended to read as follows:
       ``(f) `Electronic surveillance' means--
       ``(1) the installation or use of an electronic, mechanical, 
     or other surveillance device for acquiring information by 
     intentionally directing surveillance at a particular known 
     person who is reasonably believed to be in the United States 
     under circumstances in which that person has a reasonable 
     expectation of privacy and a warrant would be required for 
     law enforcement purposes; or
       ``(2) the intentional acquisition of the contents of any 
     communication under circumstances in which a person has a 
     reasonable expectation of privacy and a warrant would be 
     required for law enforcement purposes, if both the sender and 
     all intended recipients are reasonably believed to be located 
     within the United States.''.
       (c) Minimization Procedures.--Subsection (h) of such 
     section is amended--
       (1) in paragraph (2), by striking ``importance;'' and 
     inserting ``importance; and'';
       (2) in paragraph (3), by striking ``; and'' and inserting 
     ``.''; and
       (3) by striking paragraph (4).
       (d) Wire Communication and Surveillance Device.--Subsection 
     (l) of such section is amended to read as follows:
       ``(l) `Surveillance device' is a device that allows 
     surveillance by the Federal Government, but excludes any 
     device that extracts or analyzes information from data that 
     has already been acquired by the Federal Government by lawful 
     means.''.
       (e) Contents.--Subsection (n) of such section is amended to 
     read as follows:
       ``(n) `Contents', when used with respect to a 
     communication, includes any information concerning the 
     substance, purport, or meaning of that communication.''.

     SEC. 603. AUTHORIZATION FOR ELECTRONIC SURVEILLANCE AND OTHER 
                   ACQUISITIONS FOR FOREIGN INTELLIGENCE PURPOSES.

       (a) In General.--The Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801 et seq.) is further amended by 
     striking section 102 and inserting the following:


 ``AUTHORIZATION FOR ELECTRONIC SURVEILLANCE FOR FOREIGN INTELLIGENCE 
                                PURPOSES

       ``Sec. 102.  (a) In General.--Notwithstanding any other 
     law, the President, acting through the Attorney General, may 
     authorize electronic surveillance without a court order under 
     this title to acquire foreign intelligence information for 
     periods of up to one year if the Attorney General certifies 
     in writing under oath that--
       ``(1) the electronic surveillance is directed at--
       ``(A) the acquisition of the contents of communications of 
     foreign powers, as defined in paragraph (1), (2), or (3) of 
     section 101(a), or an agent of a foreign power, as defined in 
     subparagraph (A) or (B) of section 101(b)(1); or
       ``(B) the acquisition of technical intelligence, other than 
     the spoken communications of individuals, from property or 
     premises under the open and exclusive control of a foreign 
     power, as defined in paragraph (1), (2), or (3) of section 
     101(a); and
       ``(2) the proposed minimization procedures with respect to 
     such surveillance meet the definition of minimization 
     procedures under section 101(h);

     if the Attorney General reports such minimization procedures 
     and any changes thereto to the Permanent Select Committee on 
     Intelligence of the House of Representatives and the Select 
     Committee on Intelligence of the Senate at least 30 days 
     prior to the effective date of such minimization procedures, 
     unless the Attorney General determines immediate action is 
     required and notifies the committees immediately of such 
     minimization procedures and the reason for their becoming 
     effective immediately.
       ``(b) Minimization Procedures.--An electronic surveillance 
     authorized by this subsection may be conducted only in 
     accordance with the Attorney General's certification and the 
     minimization procedures. The Attorney General shall assess 
     compliance with such procedures and shall report such 
     assessments to the Permanent Select Committee on Intelligence 
     of the House of Representatives and the Select Committee on 
     Intelligence of the Senate under the provisions of section 
     108(a).
       ``(c) Submission of Certification.--The Attorney General 
     shall immediately transmit under seal to the court 
     established under section 103(a) a copy of his certification. 
     Such certification shall be maintained under security 
     measures established by the Chief Justice with the 
     concurrence of the Attorney General, in consultation with the 
     Director of National Intelligence, and shall remain sealed 
     unless--

[[Page H4789]]

       ``(1) an application for a court order with respect to the 
     surveillance is made under section 104; or
       ``(2) the certification is necessary to determine the 
     legality of the surveillance under section 106(f).


  ``AUTHORIZATION FOR ACQUISITION OF FOREIGN INTELLIGENCE INFORMATION

       ``Sec. 102A.  (a) In General.--Notwithstanding any other 
     law, the President, acting through the Attorney General may, 
     for periods of up to one year, authorize the acquisition of 
     foreign intelligence information concerning a person 
     reasonably believed to be outside the United States if the 
     Attorney General certifies in writing under oath that--
       ``(1) the acquisition does not constitute electronic 
     surveillance;
       ``(2) the acquisition involves obtaining the foreign 
     intelligence information from or with the assistance of a 
     wire or electronic communications service provider, 
     custodian, or other person (including any officer, employee, 
     agent, or other specified person of such service provider, 
     custodian, or other person) who has access to wire or 
     electronic communications, either as they are transmitted or 
     while they are stored, or equipment that is being or may be 
     used to transmit or store such communications;
       ``(3) a significant purpose of the acquisition is to obtain 
     foreign intelligence information; and
       ``(4) the proposed minimization procedures with respect to 
     such acquisition activity meet the definition of minimization 
     procedures under section 101(h).
       ``(b) Specific Place Not Required.--A certification under 
     subsection (a) is not required to identify the specific 
     facilities, places, premises, or property at which the 
     acquisition of foreign intelligence information will be 
     directed.
       ``(c) Submission of Certification.--The Attorney General 
     shall immediately transmit under seal to the court 
     established under section 103(a) a copy of a certification 
     made under subsection (a). Such certification shall be 
     maintained under security measures established by the Chief 
     Justice of the United States and the Attorney General, in 
     consultation with the Director of National Intelligence, and 
     shall remain sealed unless the certification is necessary to 
     determine the legality of the acquisition under section 102B.
       ``(d) Minimization Procedures.--An acquisition under this 
     section may be conducted only in accordance with the 
     certification of the Attorney General and the minimization 
     procedures adopted by the Attorney General. The Attorney 
     General shall assess compliance with such procedures and 
     shall report such assessments to the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate under 
     section 108(a).


``DIRECTIVES RELATING TO ELECTRONIC SURVEILLANCE AND OTHER ACQUISITIONS 
                  OF FOREIGN INTELLIGENCE INFORMATION

       ``Sec. 102B.  (a) Directive.--With respect to an 
     authorization of electronic surveillance under section 102 or 
     an authorization of an acquisition under section 102A, the 
     Attorney General may direct a person to--
       ``(1) immediately provide the Government with all 
     information, facilities, and assistance necessary to 
     accomplish the acquisition of foreign intelligence 
     information in such a manner as will protect the secrecy of 
     the electronic surveillance or acquisition and produce a 
     minimum of interference with the services that such person is 
     providing to the target; and
       ``(2) maintain under security procedures approved by the 
     Attorney General and the Director of National Intelligence 
     any records concerning the electronic surveillance or 
     acquisition or the aid furnished that such person wishes to 
     maintain.
       ``(b) Compensation.--The Government shall compensate, at 
     the prevailing rate, a person for providing information, 
     facilities, or assistance pursuant to subsection (a).
       ``(c) Failure to Comply.--In the case of a failure to 
     comply with a directive issued pursuant to subsection (a), 
     the Attorney General may petition the court established under 
     section 103(a) to compel compliance with the directive. The 
     court shall issue an order requiring the person or entity to 
     comply with the directive if it finds that the directive was 
     issued in accordance with section 102(a) or 102A(a) and is 
     otherwise lawful. Failure to obey an order of the court may 
     be punished by the court as contempt of court. Any process 
     under this section may be served in any judicial district in 
     which the person or entity may be found.
       ``(d) Review of Petitions.--(1) In General.--(A) 
     Challenge.--A person receiving a directive issued pursuant to 
     subsection (a) may challenge the legality of that directive 
     by filing a petition with the pool established under section 
     103(e)(1).
       ``(B) Assignment of Judge.--The presiding judge designated 
     pursuant to section 103(b) shall assign a petition filed 
     under subparagraph (A) to one of the judges serving in the 
     pool established by section 103(e)(1). Not later than 24 
     hours after the assignment of such petition, the assigned 
     judge shall conduct an initial review of the directive. If 
     the assigned judge determines that the petition is frivolous, 
     the assigned judge shall deny the petition and affirm the 
     directive or any part of the directive that is the subject of 
     the petition. If the assigned judge determines the petition 
     is not frivolous, the assigned judge shall, within 72 hours, 
     consider the petition in accordance with the procedures 
     established under section 103(e)(2) and provide a written 
     statement for the record of the reasons for any determination 
     under this subsection.
       ``(2) Standard of Review.--A judge considering a petition 
     to modify or set aside a directive may grant such petition 
     only if the judge finds that such directive does not meet the 
     requirements of this section or is otherwise unlawful. If the 
     judge does not modify or set aside the directive, the judge 
     shall affirm such directive, and order the recipient to 
     comply with such directive.
       ``(3) Directives Not Modified.--Any directive not 
     explicitly modified or set aside under this subsection shall 
     remain in full effect.
       ``(e) Appeals.--The Government or a person receiving a 
     directive reviewed pursuant to subsection (d) may file a 
     petition with the court of review established under section 
     103(b) for review of the decision issued pursuant to 
     subsection (d) not later than 7 days after the issuance of 
     such decision. Such court of review shall have jurisdiction 
     to consider such petitions and shall provide for the record a 
     written statement of the reasons for its decision. On 
     petition by the Government or any person receiving such 
     directive for a writ of certiorari, the record shall be 
     transmitted under seal to the Supreme Court, which shall have 
     jurisdiction to review such decision.
       ``(f) Proceedings.--Judicial proceedings under this section 
     shall be concluded as expeditiously as possible. The record 
     of proceedings, including petitions filed, orders granted, 
     and statements of reasons for decision, shall be maintained 
     under security measures established by the Chief Justice of 
     the United States, in consultation with the Attorney General 
     and the Director of National Intelligence.
       ``(g) Sealed Petitions.--All petitions under this section 
     shall be filed under seal. In any proceedings under this 
     section, the court shall, upon request of the Government, 
     review ex parte and in camera any Government submission, or 
     portions of a submission, which may include classified 
     information.
       ``(h) Liability.--No cause of action shall lie in any court 
     against any person for providing any information, facilities, 
     or assistance in accordance with a directive under this 
     section.
       ``(i) Use of Information.--Information acquired pursuant to 
     a directive by the Attorney General under this section 
     concerning any United States person may be used and disclosed 
     by Federal officers and employees without the consent of the 
     United States person only in accordance with the minimization 
     procedures required by section 102(a) or 102A(a). No 
     otherwise privileged communication obtained in accordance 
     with, or in violation of, the provisions of this section 
     shall lose its privileged character. No information from an 
     electronic surveillance under section 102 or an acquisition 
     pursuant to section 102A may be used or disclosed by Federal 
     officers or employees except for lawful purposes.
       ``(j) Use in Law Enforcement.--No information acquired 
     pursuant to this section shall be disclosed for law 
     enforcement purposes unless such disclosure is accompanied by 
     a statement that such information, or any information derived 
     from such information, may only be used in a criminal 
     proceeding with the advance authorization of the Attorney 
     General.
       ``(k) Disclosure in Trial.--If the Government intends to 
     enter into evidence or otherwise use or disclose in any 
     trial, hearing, or other proceeding in or before any court, 
     department, officer, agency, regulatory body, or other 
     authority of the United States, against an aggrieved person, 
     any information obtained or derived from an electronic 
     surveillance conducted under section 102 or an acquisition 
     authorized pursuant to section 102A, the Government shall, 
     prior to the trial, hearing, or other proceeding or at a 
     reasonable time prior to an effort to disclose or use that 
     information or submit it in evidence, notify the aggrieved 
     person and the court or other authority in which the 
     information is to be disclosed or used that the Government 
     intends to disclose or use such information.
       ``(l) Disclosure in State Trials.--If a State or political 
     subdivision of a State intends to enter into evidence or 
     otherwise use or disclose in any trial, hearing, or other 
     proceeding in or before any court, department, officer, 
     agency, regulatory body, or other authority of a State or a 
     political subdivision of a State, against an aggrieved 
     person, any information obtained or derived from an 
     electronic surveillance authorized pursuant to section 102 or 
     an acquisition authorized pursuant to section 102A, the State 
     or political subdivision of such State shall notify the 
     aggrieved person, the court, or other authority in which the 
     information is to be disclosed or used and the Attorney 
     General that the State or political subdivision intends to 
     disclose or use such information.
       ``(m) Motion to Exclude Evidence.--(1) In General.--Any 
     person against whom evidence obtained or derived from an 
     electronic surveillance authorized pursuant to section 102 or 
     an acquisition authorized pursuant to section 102A is to be, 
     or has been, used or disclosed in any trial, hearing, or 
     other proceeding in or before any court, department, officer, 
     agency, regulatory body, or other authority of the United 
     States, a State, or a political subdivision thereof, may move 
     to

[[Page H4790]]

     suppress the evidence obtained or derived from such 
     electronic surveillance or such acquisition on the grounds 
     that--
       ``(A) the information was unlawfully acquired; or
       ``(B) the electronic surveillance or acquisition was not 
     properly made in conformity with an authorization under 
     section 102(a) or 102A(a).
       ``(2) Timing.--A person moving to suppress evidence under 
     paragraph (1) shall make the motion to suppress the evidence 
     before the trial, hearing, or other proceeding unless there 
     was no opportunity to make such a motion or the person was 
     not aware of the grounds of the motion.
       ``(n) Review of Motions.--If a court or other authority is 
     notified pursuant to subsection (k) or (l), a motion is made 
     pursuant to subsection (m), or a motion or request is made by 
     an aggrieved person pursuant to any other statute or rule of 
     the United States or any State before any court or other 
     authority of the United States or any State--
       ``(1) to discover or obtain an Attorney General directive 
     or other materials relating to an electronic surveillance 
     authorized pursuant to section 102 or an acquisition 
     authorized pursuant to section 102A, or
       ``(2) to discover, obtain, or suppress evidence or 
     information obtained or derived from an electronic 
     surveillance authorized pursuant to section 102 or an 
     acquisition authorized pursuant to section 102A,

     the United States district court or, where the motion is made 
     before another authority, the United States district court in 
     the same district as the authority, shall, notwithstanding 
     any other law, if the Attorney General files an affidavit 
     under oath that disclosure or an adversary hearing would harm 
     the national security of the United States, review in camera 
     and ex parte the application, order, and such other materials 
     relating to such electronic surveillance or such acquisition 
     as may be necessary to determine whether such electronic 
     surveillance or such acquisition authorized under this 
     section was lawfully authorized and conducted. In making this 
     determination, the court may disclose to the aggrieved 
     person, under appropriate security procedures and protective 
     orders, portions of the directive or other materials relating 
     to the acquisition only where such disclosure is necessary to 
     make an accurate determination of the legality of the 
     acquisition.
       ``(o) Determinations.--If, pursuant to subsection (n), a 
     United States district court determines that the acquisition 
     authorized under this section was not lawfully authorized or 
     conducted, it shall, in accordance with the requirements of 
     law, suppress the evidence which was unlawfully obtained or 
     derived or otherwise grant the motion of the aggrieved 
     person. If the court determines that such acquisition was 
     lawfully authorized and conducted, it shall deny the motion 
     of the aggrieved person except to the extent that due process 
     requires discovery or disclosure.
       ``(p) Binding Orders.--Orders granting motions or requests 
     under subsection (m), decisions under this section that an 
     electronic surveillance or an acquisition was not lawfully 
     authorized or conducted, and orders of the United States 
     district court requiring review or granting disclosure of 
     directives, orders, or other materials relating to such 
     acquisition shall be final orders and binding upon all courts 
     of the United States and the several States except a United 
     States court of appeals and the Supreme Court.
       ``(q) Coordination.--(1) In General.--Federal officers who 
     acquire foreign intelligence information may consult with 
     Federal law enforcement officers or law enforcement personnel 
     of a State or political subdivision of a State, including the 
     chief executive officer of that State or political 
     subdivision who has the authority to appoint or direct the 
     chief law enforcement officer of that State or political 
     subdivision, to coordinate efforts to investigate or protect 
     against--
       ``(A) actual or potential attack or other grave hostile 
     acts of a foreign power or an agent of a foreign power;
       ``(B) sabotage, international terrorism, or the development 
     or proliferation of weapons of mass destruction by a foreign 
     power or an agent of a foreign power; or
       ``(C) clandestine intelligence activities by an 
     intelligence service or network of a foreign power or by an 
     agent of a foreign power.
       ``(2) Certification Required.--Coordination authorized 
     under paragraph (1) shall not preclude the certification 
     required by section 102(a) or 102A(a).
       ``(r) Retention of Directives and Orders.--A directive made 
     or an order granted under this section shall be retained for 
     a period of not less than 10 years from the date on which 
     such directive or such order is made.''.
       (b) Table of Contents.--The table of contents in the first 
     section of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et seq.) is amended by inserting after the 
     item relating to section 102 the following:

``102A. Authorization for acquisition of foreign intelligence 
              information.
``102B. Directives relating to electronic surveillance and other 
              acquisitions of foreign intelligence information.''.

     SEC. 604. JURISDICTION OF FISA COURT.

       Section 103 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1803) is amended by adding at the end the 
     following new subsection:
       ``(g) Applications for a court order under this title are 
     authorized if the President has, by written authorization, 
     empowered the Attorney General to approve applications to the 
     court having jurisdiction under this section, and a judge to 
     whom an application is made may, notwithstanding any other 
     law, grant an order, in conformity with section 105, 
     approving electronic surveillance of a foreign power or an 
     agent of a foreign power for the purpose of obtaining foreign 
     intelligence information.''.

     SEC. 605. APPLICATIONS FOR COURT ORDERS.

       Section 104 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1804) is amended--
       (1) in subsection (a)--
       (A) in paragraph (6), by striking ``detailed description'' 
     and inserting ``summary description'';
       (B) in paragraph (7)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``or officials designated'' and all that follows through 
     ``consent of the Senate'' and inserting ``designated by the 
     President to authorize electronic surveillance for foreign 
     intelligence purposes'';
       (ii) in subparagraph (C), by striking ``techniques;'' and 
     inserting ``techniques; and'';
       (iii) by striking subparagraph (D); and
       (iv) by redesignating subparagraph (E) as subparagraph (D);
       (C) in paragraph (8), by striking ``a statement of the 
     means'' and inserting ``a summary statement of the means'';
       (D) in paragraph (9)--
       (i) by striking ``a statement'' and inserting ``a summary 
     statement''; and
       (ii) by striking ``application;'' and inserting 
     ``application; and'';
       (E) in paragraph (10), by striking ``thereafter; and'' and 
     inserting ``thereafter.''; and
       (F) by striking paragraph (11).
       (2) by striking subsection (b);
       (3) by redesignating subsections (c) through (e) as 
     subsections (b) through (d), respectively; and
       (4) in paragraph (1)(A) of subsection (d), as redesignated 
     by paragraph (3), by striking ``or the Director of National 
     Intelligence'' and inserting ``the Director of National 
     Intelligence, or the Director of the Central Intelligence 
     Agency''.

     SEC. 606. ISSUANCE OF AN ORDER.

       Section 105 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1805) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1); and
       (B) by redesignating paragraphs (2) through (5) as 
     paragraphs (1) through (4), respectively;
       (2) in subsection (c)(1)--
       (A) in subparagraph (D), by striking ``surveillance;'' and 
     inserting ``surveillance; and'';
       (B) in subparagraph (E), by striking ``approved; and'' and 
     inserting ``approved.''; and
       (C) by striking subparagraph (F);
       (3) by striking subsection (d);
       (4) by redesignating subsections (e) through (i) as 
     subsections (d) through (h), respectively;
       (5) in subsection (d), as redesignated by paragraph (4), by 
     amending paragraph (2) to read as follows:
       ``(2) Extensions of an order issued under this title may be 
     granted on the same basis as an original order upon an 
     application for an extension and new findings made in the 
     same manner as required for an original order and may be for 
     a period not to exceed one year.'';
       (6) in subsection (e), as redesignated by paragraph (4), to 
     read as follows:
       ``(e) Notwithstanding any other provision of this title, 
     the Attorney General may authorize the emergency employment 
     of electronic surveillance if the Attorney General--
       ``(1) determines that an emergency situation exists with 
     respect to the employment of electronic surveillance to 
     obtain foreign intelligence information before an order 
     authorizing such surveillance can with due diligence be 
     obtained;
       ``(2) determines that the factual basis for issuance of an 
     order under this title to approve such electronic 
     surveillance exists;
       ``(3) informs a judge having jurisdiction under section 103 
     at the time of such authorization that the decision has been 
     made to employ emergency electronic surveillance; and
       ``(4) makes an application in accordance with this title to 
     a judge having jurisdiction under section 103 as soon as 
     practicable, but not more than 168 hours after the Attorney 
     General authorizes such surveillance.

     If the Attorney General authorizes such emergency employment 
     of electronic surveillance, the Attorney General shall 
     require that the minimization procedures required by this 
     title for the issuance of a judicial order be followed. In 
     the absence of a judicial order approving such electronic 
     surveillance, the surveillance shall terminate when the 
     information sought is obtained, when the application for the 
     order is denied, or after the expiration of 168 hours from 
     the time of authorization by the Attorney General, whichever 
     is earliest. In the event that such application for approval 
     is denied, or in any other case where the electronic 
     surveillance is terminated and no order is issued approving 
     the surveillance, no information obtained or evidence derived 
     from such surveillance shall be received in evidence or 
     otherwise disclosed in any trial, hearing, or other 
     proceeding in or before any court, grand jury, department,

[[Page H4791]]

     office, agency, regulatory body, legislative committee, or 
     other authority of the United States, a State, or political 
     subdivision thereof, and no information concerning any United 
     States person acquired from such surveillance shall 
     subsequently be used or disclosed in any other manner by 
     Federal officers or employees without the consent of such 
     person, except with the approval of the Attorney General if 
     the information indicates a threat of death or serious bodily 
     harm to any person. A denial of the application made under 
     this subsection may be reviewed as provided in section 
     103.'';
       (7) in subsection (h), as redesignated by paragraph (4)--
       (A) by striking ``a wire or'' and inserting ``an''; and
       (B) by striking ``physical search'' and inserting 
     ``physical search or in response to a certification by the 
     Attorney General or a designee of the Attorney General 
     seeking information, facilities, or technical assistance from 
     such person under section 102B''; and
       (8) by adding at the end the following new subsection:
       ``(i) In any case in which the Government makes an 
     application to a judge under this title to conduct electronic 
     surveillance involving communications and the judge grants 
     such application, the judge shall also authorize the 
     installation and use of pen registers and trap and trace 
     devices to acquire dialing, routing, addressing, and 
     signaling information related to such communications and such 
     dialing, routing, addressing, and signaling information shall 
     not be subject to minimization procedures.''.

     SEC. 607. USE OF INFORMATION.

       Section 106(i) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1806(i)) is amended--
       (1) by striking ``radio communication'' and inserting 
     ``communication''; and
       (2) by striking ``contents indicates'' and inserting 
     ``contents contain significant foreign intelligence 
     information or indicate''.

     SEC. 608. CONGRESSIONAL OVERSIGHT.

       (a) Electronic Surveillance Under FISA.--Section 108 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1808) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) the authority under which the electronic surveillance 
     is conducted.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) On a semiannual basis, the Attorney General 
     additionally shall fully inform the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate on 
     electronic surveillance conducted without a court order.''.
       (b) Intelligence Activities.--The National Security Act of 
     1947 (50 U.S.C. 401 et seq.) is amended--
       (1) in section 501 (50 U.S.C. 413)--
       (A) by redesignating subsection (f) as subsection (g); and
       (B) by inserting after subsection (e) the following new 
     subsection:
       ``(f) The Chair of each of the congressional intelligence 
     committees, in consultation with the ranking member of the 
     committee for which the person is Chair, may inform--
       ``(1) on a bipartisan basis, all members or any individual 
     members of such committee, and
       ``(2) any essential staff of such committee,

     of a report submitted under subsection (a)(1) or subsection 
     (b) as such Chair considers necessary.'';
       (2) in section 502 (50 U.S.C. 414), by adding at the end 
     the following new subsection:
       ``(d) Informing of Committee Members.--The Chair of each of 
     the congressional intelligence committees, in consultation 
     with the ranking member of the committee for which the person 
     is Chair, may inform--
       ``(1) on a bipartisan basis, all members or any individual 
     members of such committee, and
       ``(2) any essential staff of such committee,

     of a report submitted under subsection (a) as such Chair 
     considers necessary.''; and
       (3) in section 503 (50 U.S.C. 415), by adding at the end 
     the following new subsection:
       ``(g) The Chair of each of the congressional intelligence 
     committees, in consultation with the ranking member of the 
     committee for which the person is Chair, may inform--
       ``(1) on a bipartisan basis, all members or any individual 
     members of such committee, and
       ``(2) any essential staff of such committee,

     of a report submitted under subsection (b), (c), or (d) as 
     such Chair considers necessary.''.

     SEC. 609. INTERNATIONAL MOVEMENT OF TARGETS.

       (a) Electronic Surveillance.--Section 105(d) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)), as 
     redesignated by section 606(4), is amended by adding at the 
     end the following new paragraph:
       ``(4) An order issued under this section shall remain in 
     force during the authorized period of surveillance 
     notwithstanding the absence of the target from the United 
     States, unless the Government files a motion to extinguish 
     the order and the court grants the motion.''.
       (b) Physical Search.--Section 304(d) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1824(d)) is 
     amended by adding at the end the following new paragraph:
       ``(4) An order issued under this section shall remain in 
     force during the authorized period of surveillance 
     notwithstanding the absence of the target from the United 
     States, unless the Government files a motion to extinguish 
     the order and the court grants the motion.''.

     SEC. 610. COMPLIANCE WITH COURT ORDERS AND ANTITERRORISM 
                   PROGRAMS.

       (a) In General.--Notwithstanding any other provision of 
     law, and in addition to the immunities, privileges, and 
     defenses provided by any other provision of law, no action, 
     claim, or proceeding shall lie or be maintained in any court, 
     and no penalty, sanction, or other form of remedy or relief 
     shall be imposed by any court or any other body, against any 
     person for an activity arising from or relating to the 
     provision to an element of the intelligence community of any 
     information (including records or other information 
     pertaining to a customer), facilities, or assistance during 
     the period of time beginning on September 11, 2001, and 
     ending on the date that is 60 days after the date of the 
     enactment of this Act, in connection with any alleged 
     communications intelligence program that the Attorney General 
     or a designee of the Attorney General certifies, in a manner 
     consistent with the protection of State secrets, is, was, or 
     would be intended to protect the United States from a 
     terrorist attack. This section shall apply to all actions, 
     claims, or proceedings pending on or after the effective date 
     of this Act.
       (b) Jurisdiction.--Any action, claim, or proceeding 
     described in subsection (a) that is brought in a State court 
     shall be deemed to arise under the Constitution and laws of 
     the United States and shall be removable pursuant to section 
     1441 of title 28, United States Code.
       (c) Definitions.--In this section:
       (1) Intelligence community.--The term ``intelligence 
     community'' has the meaning given the term in section 3(4) of 
     the National Security Act of 1947 (50 U.S.C. 401a(4)).
       (2) Person.--The term ``person'' has the meaning given the 
     term in section 2510(6) of title 18, United States Code.

     SEC. 611. REPORT ON MINIMIZATION PROCEDURES.

       (a) Report.--Not later than two years after the date of the 
     enactment of this Act, and annually thereafter until December 
     31, 2012, the Director of the National Security Agency, in 
     consultation with the Director of National Intelligence and 
     the Attorney General, shall submit to the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate a report 
     on the effectiveness and use of minimization procedures 
     applied to information concerning United States persons 
     acquired during the course of a communications activity 
     conducted by the National Security Agency.
       (b) Requirements.--A report submitted under subsection (a) 
     shall include--
       (1) a description of the implementation, during the course 
     of communications intelligence activities conducted by the 
     National Security Agency, of procedures established to 
     minimize the acquisition, retention, and dissemination of 
     nonpublicly available information concerning United States 
     persons;
       (2) the number of significant violations, if any, of such 
     minimization procedures during the 18 months following the 
     effective date of this Act; and
       (3) summary descriptions of such violations.
       (c) Retention of Information.--Information concerning 
     United States persons shall not be retained solely for the 
     purpose of complying with the reporting requirements of this 
     section.

     SEC. 612. AUTHORIZATION OF ELECTRONIC SURVEILLANCE DUE TO 
                   IMMINENT THREAT.

       The Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801 et seq.) is further amended--
       (1) by adding at the end of title I the following new 
     section:


                 ``AUTHORIZATION DUE TO IMMINENT THREAT

       ``Sec. 113.  (a) In General.--Notwithstanding any other 
     provision of law, but subject to the provisions of this 
     section, the President, acting through the Attorney General, 
     may authorize electronic surveillance without an order under 
     this title to acquire foreign intelligence information for a 
     period not to exceed 90 days if the President submits to the 
     congressional leadership, the congressional intelligence 
     committees, and the Foreign Intelligence Surveillance Court a 
     written notification that the President has determined that 
     there exists an imminent threat of attack likely to cause 
     death, serious injury, or substantial economic damage to the 
     United States. Such notification--
       ``(1) shall be submitted as soon as practicable, but in no 
     case later than 5 days after the date on which the President 
     authorizes electronic surveillance under this section;
       ``(2) shall specify the entity responsible for the threat 
     and any affiliates of the entity;
       ``(3) shall state the reason to believe that the threat of 
     imminent attack exists;
       ``(4) shall state the reason the President needs broader 
     authority to conduct electronic surveillance in the United 
     States as a result of the threat of imminent attack;
       ``(5) shall include a description of the foreign 
     intelligence information that will be collected and the means 
     that will be used to

[[Page H4792]]

     collect such foreign intelligence information; and
       ``(6) may be submitted in classified form.
       ``(b) Subsequent Certifications.--At the end of the 90-day 
     period described in subsection (a), and every 90 days 
     thereafter, the President may submit a subsequent written 
     notification to the congressional leadership, the 
     congressional intelligence committees, the other relevant 
     committees, and the Foreign Intelligence Surveillance Court 
     that the circumstances of the threat for which the President 
     submitted a written notification under subsection (a) require 
     the President to continue the authorization of electronic 
     surveillance under this section for an additional 90 days. 
     The President shall be authorized to conduct electronic 
     surveillance under this section for an additional 90 days 
     after each such subsequent written notification.
       ``(c) Electronic Surveillance of Individuals.--The 
     President, or an official designated by the President to 
     authorize electronic surveillance, may only conduct 
     electronic surveillance of a person under this section if the 
     President or such official determines that--
       ``(1) there is a reasonable belief that such person is 
     communicating with an entity or an affiliate of an entity 
     that is reasonably believed to be responsible for imminent 
     threat of attack; and
       ``(2) the information obtained from the electronic 
     surveillance may be foreign intelligence information.
       ``(d) Minimization Procedures.--The President may not 
     authorize electronic surveillance under this section until 
     the Attorney General approves minimization procedures for 
     electronic surveillance conducted under this section.
       ``(e) United States Persons.--Notwithstanding subsections 
     (a) and (b), the President may not authorize electronic 
     surveillance of a United States person under this section 
     without an order under this title for a period of more than 
     60 days unless the President, acting through the Attorney 
     General, submits a certification to the congressional 
     intelligence committees that--
       ``(1) the continued electronic surveillance of the United 
     States person is vital to the national security of the United 
     States;
       ``(2) describes the circumstances that have prevented the 
     Attorney General from obtaining an order under this title for 
     continued surveillance;
       ``(3) describes the reasons for believing the United States 
     person is affiliated with or in communication with an entity 
     or an affiliate of an entity that is reasonably believed to 
     be responsible for imminent threat of attack; and
       ``(4) describes the foreign intelligence information 
     derived from the electronic surveillance conducted under this 
     section.
       ``(f) Use of Information.--Information obtained pursuant to 
     electronic surveillance under this subsection may be used to 
     obtain an order authorizing subsequent electronic 
     surveillance under this title.
       ``(g) Definitions.--In this section:
       ``(1) Congressional intelligence committees.--The term 
     `congressional intelligence committees' means the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives and the Select Committee on Intelligence of 
     the Senate.
       ``(2) Congressional leadership.--The term `congressional 
     leadership' means the Speaker and minority leader of the 
     House of Representatives and the majority leader and minority 
     leader of the Senate.
       ``(3) Foreign intelligence surveillance court.--The term 
     `Foreign Intelligence Surveillance Court' means the court 
     established under section 103(a).
       ``(4) Other relevant committees.--The term `other relevant 
     committees' means the Committees on Appropriations, the 
     Committees on Armed Services, and the Committees on the 
     Judiciary of the House of Representatives and the Senate.''; 
     and
       (2) in the table of contents in the first section, by 
     inserting after the item relating to section 111 the 
     following new item:

``Sec. 112. Authorization due to imminent threat.''.

     SEC. 613. TECHNICAL AND CONFORMING AMENDMENTS.

       The Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801 et seq.) is further amended--
       (1) in section 105(a)(4), as redesignated by section 
     606(1)(B)--
       (A) by striking ``104(a)(7)(E)'' and inserting 
     ``104(a)(7)(D)''; and
       (B) by striking ``104(d)'' and inserting ``104(c)'';
       (2) in section 106(j), in the matter preceding paragraph 
     (1), by striking ``105(e)'' and inserting ``105(d)''; and
       (3) in section 108(a)(2)(C), by striking ``105(f)'' and 
     inserting ``105(e)''.

       (The information contained herein was provided by 
     Democratic Minority on multiple occasions throughout the 
     109th Congress.)

        The Vote on the Previous Question: What It Really Means

       This vote, the vote on whether to order the previous 
     question on a special rule, is not merely a procedural vote. 
     A vote against ordering the previous question is a vote 
     against the Democratic majority agenda and a vote to allow 
     the opposition, at least for the moment, to offer an 
     alternative plan. It is a vote about what the House should be 
     debating.
       Mr. Clarence Cannon's Precedents of the House of 
     Representatives, (VI, 308-311) describes the vote on the 
     previous question on the rule as ``a motion to direct or 
     control the consideration of the subject before the House 
     being made by the Member in charge.'' To defeat the previous 
     question is to give the opposition a chance to decide the 
     subject before the House. Cannon cites the Speaker's ruling 
     of January 13, 1920, to the effect that ``the refusal of the 
     House to sustain the demand for the previous question passes 
     the control of the resolution to the opposition'' in order to 
     offer an amendment. On March 15, 1909, a member of the 
     majority party offered a rule resolution. The House defeated 
     the previous question and a member of the opposition rose to 
     a parliamentary inquiry, asking who was entitled to 
     recognition. Speaker Joseph G. Cannon (R-Illinois) said: 
     ``The previous question having been refused, the gentleman 
     from New York, Mr. Fitzgerald, who had asked the gentleman to 
     yield to him for an amendment, is entitled to the first 
     recognition.''
       Because the vote today may look bad for the Democratic 
     majority they will say ``the vote on the previous question is 
     simply a vote on whether to proceed to an immediate vote on 
     adopting the resolution . . . [and] has no substantive 
     legislative or policy implications whatsoever.'' But that is 
     not what they have always said. Listen to the definition of 
     the previous question used in the Floor Procedures Manual 
     published by the Rules Committee in the 109th Congress, (page 
     56). Here's how the Rules Committee described the rule using 
     information from Congressional Quarterly's ``American 
     Congressional Dictionary'': ``If the previous question is 
     defeated, control of debate shifts to the leading opposition 
     member (usually the minority Floor Manager) who then manages 
     an hour of debate and may offer a germane amendment to the 
     pending business.''
       Deschler's Procedure in the U.S. House of Representatives, 
     the subchapter titled ``Amending Special Rules'' states: ``a 
     refusal to order the previous question on such a rule [a 
     special rule reported from the Committee on Rules] opens the 
     resolution to amendment and further debate.'' (Chapter 21, 
     section 21.2) Section 21.3 continues: Upon rejection of the 
     motion for the previous question on a resolution reported 
     from the Committee on Rules, control shifts to the Member 
     leading the opposition to the previous question, who may 
     offer a proper amendment or motion and who controls the time 
     for debate thereon.''
       Clearly, the vote on the previous question on a rule does 
     have substantive policy implications. It is one of the only 
     available tools for those who oppose the Democratic 
     majority's agenda and allows those with alternative views the 
     opportunity to offer an alternative plan.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield back the balance of my 
time, and I move the previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken, and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. HASTINGS of Florida. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on 
ordering the previous question will be followed by 5-minute votes on 
adopting House Resolution 388, if ordered; ordering the previous 
question on House Resolution 387; and adopting House Resolution 387, if 
ordered.
  The vote was taken by electronic device, and there were--yeas 223, 
nays 199, not voting 10, as follows:

                             [Roll No. 324]

                               YEAS--223

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Eshoo
     Etheridge
     Farr
     Filner
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy

[[Page H4793]]


     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NAYS--199

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

                             NOT VOTING--10

     Brady (PA)
     Engel
     Fattah
     Frank (MA)
     McCrery
     McMorris Rodgers
     Rangel
     Souder
     Waters
     Watson

                              {time}  1506

  Mrs. CUBIN changed her vote from ``yea'' to ``nay.''
  Mr. CONYERS and Mr. RUSH changed their vote from ``nay'' to ``yea.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. HASTINGS of Florida. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 226, 
noes 198, not voting 8, as follows:

                             [Roll No. 325]

                               AYES--226

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

                               NOES--198

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

[[Page H4794]]



                             NOT VOTING--8

     Brady (PA)
     Engel
     Fattah
     McMorris Rodgers
     Sensenbrenner
     Souder
     Waters
     Watson


                Announcement by the Speaker Pro Tempore

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

                              {time}  1518

  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________