[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.
____________________