[Congressional Record Volume 153, Number 82 (Thursday, May 17, 2007)]
[House]
[Pages H5347-H5348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                  Amendment No. 32 Offered by Mr. Holt

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New Jersey 
(Mr. Holt) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

                 Amendment No. 32 offered by Mr. Holt:

       At the end of subtitle E of title X, add the following new 
     section:

     SEC. 1055. REQUIREMENT FOR VIDEOTAPING RECORDINGS OF 
                   STRATEGIC INTERROGATIONS AND OTHER PERTINENT 
                   INTERACTIONS AMONG DETAINEES OR PRISONERS IN 
                   THE CUSTODY OF OR UNDER THE EFFECTIVE CONTROL 
                   OF THE UNITED STATES AND MEMBERS OF THE ARMED 
                   FORCES, INTELLIGENCE OPERATIVES OF THE UNITED 
                   STATES, AND CONTRACTORS OF THE UNITED STATES.

       (a) In General.--In accordance with the Geneva Conventions 
     of 1949, the International Covenant on Civil and Political 
     Rights, the Convention Against Torture and Other Cruel, 
     Inhuman, or Degrading Treatment or Punishment, and 
     prohibitions against any cruel, unusual, and inhuman 
     treatment or punishment under the Fifth, Eighth, and 
     Fourteenth Amendments to the Constitution of the United 
     States, the President shall take such actions as are 
     necessary to ensure that any strategic interrogation or other 
     pertinent interaction between an individual who is a detainee 
     or prisoner in the custody or under the effective control of 
     the Armed Forces pursuant to a strategic interrogation, or 
     other pertinent interaction, for the purpose of gathering 
     intelligence and a member of the Armed Forces, an 
     intelligence operative of the United States, or a contractor 
     of the United States, is videotaped.
       (b) Commencement of Requirement.--The videotaping 
     requirement under subsection (a) shall be applicable to any 
     strategic interrogation of an individual that takes place on 
     or after the earlier of--
       (1) the day on which the individual is confined in a 
     facility owned, operated or controlled, in whole or in part, 
     by the United States, or any of its representatives, 
     agencies, or agents; or
       (2) 7 days after the day on which the individual is taken 
     into custody by the United States or any of its 
     representatives, agencies, or agents.
       (c) Classification of Information.--The President shall 
     provide for the appropriate classification to protect United 
     States national security and the privacy of detainees or 
     prisoners held by the United States, of video tapes referred 
     to in subsection (a). Videotapes shall be made available, 
     under seal if appropriate, to both prosecution and defense to 
     the extent they are material to any military or civilian 
     criminal proceeding.
       (d) Strategic Interrogation Defined.--For purposes of this 
     section, the term ``strategic interrogation'' means an 
     interrogation of a detainee or prisoner at--
       (1) a corps or theater-level detention facility, as defined 
     in the Army Field Manual on Human Intelligence Collector 
     Operations (FM 2-22.3, September 2006); or   
       (2) a detention facility outside of the area of operations 
     (AOR) where the detainee or prisoner was initially captured, 
     including--
       (A) a detention facility owned, operated, borrowed, or 
     leased by the United States Government; and
       (B) a detention facility of a foreign government at which 
     United States Government personnel, including contractors, 
     are permitted to conduct interrogations by the foreign 
     government in question.
       (e) Access to Prisoners and Detainees of the United States 
     to Ensure Independent Monitoring and Transparent 
     Investigations.--Consistent with the obligations of the 
     United States under international law and related protocols 
     to which the United States is a party, the President shall 
     take such actions as are necessary to ensure that 
     representatives of the following organizations are granted 
     access to detainees or prisoners in the custody or under the 
     effective control of the Armed Forces:
       (1) The International Federation of the International 
     Committee of the Red Cross and the Red Crescent.
       (2) The United Nations High Commissioner for Human Rights.
       (3) The United Nations Special Rapporteur on Torture.
       (f) Guidelines for Videotape Recordings.--
       (1) Development of guidelines.--The Judge Advocates General 
     (as defined in section 801(1) of title 10, United States 
     Code, (Article 1 of the Uniform Code of Military Justice)) 
     shall jointly develop uniform guidelines designed to ensure 
     that the videotaping required under subsection (a) is 
     sufficiently expansive to prevent any abuse of detainees and 
     prisoners referred to in subsection (a) and violations of law 
     binding on the United States, including treaties specified in 
     subsection (a).
       (2) Submittal to congress.--Not later than 30 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to Congress a report containing the 
     guidelines developed under paragraph (1).


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 199, 
noes 229, not voting 9, as follows:

                             [Roll No. 371]

                               AYES--199

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Bartlett (MD)
     Bean
     Becerra
     Berman
     Berry
     Bishop (NY)
     Blumenauer
     Bordallo
     Boswell
     Boucher
     Boyd (FL)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Castle
     Castor
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Costa
     Costello
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Emanuel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Giffords
     Gilchrest
     Gillibrand
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Peterson (MN)
     Price (NC)
     Rahall
     Rangel
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Solis
     Spratt

[[Page H5348]]


     Stark
     Stupak
     Sutton
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NOES--229

     Aderholt
     Akin
     Alexander
     Altmire
     Arcuri
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Barton (TX)
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Boyda (KS)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Chabot
     Chandler
     Coble
     Cole (OK)
     Conaway
     Cooper
     Cramer
     Crenshaw
     Cuellar
     Culberson
     Davis (AL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     Dent
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Ellsworth
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hobson
     Hoekstra
     Holden
     Hulshof
     Hunter
     Issa
     Jindal
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     Mica
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Ortiz
     Pearce
     Pence
     Perlmutter
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Roskam
     Ross
     Royce
     Ruppersberger
     Ryan (WI)
     Sali
     Sanchez, Loretta
     Saxton
     Schmidt
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Snyder
     Souder
     Space
     Stearns
     Sullivan
     Tancredo
     Tanner
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Wamp
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Baird
     Cubin
     Davis, Jo Ann
     Engel
     Faleomavaega
     Jones (OH)
     McMorris Rodgers
     Miller (FL)
     Shays


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised there is 1 
minute remaining in this vote.

                              {time}  1201

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

                          ____________________