[Congressional Record Volume 156, Number 26 (Friday, February 26, 2010)]
[House]
[Pages H942-H951]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 1105 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 2701.

                              {time}  1013


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 2701) to authorize appropriations for fiscal year 2010 
for intelligence and intelligence-related activities of the United 
States Government, the Community Management Account, and the Central 
Intelligence Agency Retirement and Disability System, and for other 
purposes, with Mr. Rahall (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Thursday,

[[Page H943]]

February 25, 2010, a request for a recorded vote on amendment No. 12 
printed in House Report 111-419, offered by the gentleman from Michigan 
(Mr. Schauer), had been postponed.
  Pursuant to House Resolution 1113, amendment No. 1 shall be 
considered as modified by striking the matter proposed to be inserted 
as section 506.
  The text of the amendment, as modified, is as follows:

       Amendment No. 1 offered by Mr. Reyes:
       Page 9, line 21, strike ``$672,812,000'' and insert 
     ``$643,252,000''.
       Page 23, line 14, strike ``a grant program'' and insert 
     ``grant programs''.
       Page 23, line 15, strike ``subsection (b)'' and insert 
     ``subsections (b) and (c)''.
       Page 24, after line 10, insert the following:
       ``(c) Grant Program for Historically Black Colleges and 
     Universities.--(1) The Director of National Intelligence may 
     provide grants to historically black colleges and 
     universities to provide programs of study in educational 
     disciplines identified under subsection (a)(2) or described 
     in paragraph (2).
       ``(2) A grant provided under paragraph (1) may be used to 
     provide programs of study in the following educational 
     disciplines:
       ``(A) Foreign languages, including Middle Eastern and South 
     Asian dialects.
       ``(B) Computer science.
       ``(C) Analytical courses.
       ``(D) Cryptography.
       ``(E) Study abroad programs.''.
       Page 24, line 11, strike ``(3) An'' and insert ``(d) 
     Application.--An''.
       Page 24, line 15, strike ``(4) An'' and insert ``(e) 
     Reports.--An''.
       Page 25, line 1, strike ``(c)'' and insert ``(f)''.
       Page 25, line 4, strike ``(d)'' and insert ``(g)''.
       Page 25, line 10, strike the quotation mark and the second 
     period.
       Page 25, after line 10, insert the following:
       ``(3) Analytical courses.--The term `analytical courses' 
     mean programs of study involving--
       ``(A) analytic methodologies, including advanced 
     statistical, polling, econometric, mathematical, or 
     geospatial modeling methodologies;
       ``(B) analysis of counterterrorism, crime, and 
     counternarcotics;
       ``(C) economic analysis that includes analyzing and 
     interpreting economic trends and developments;
       ``(D) medical and health analysis, including the assessment 
     and analysis of global health issues, trends, and disease 
     outbreaks;
       ``(E) political analysis, including political, social, 
     cultural, and historical analysis to interpret foreign 
     political systems and developments; or
       ``(F) psychology, psychiatry, or sociology courses that 
     assess the psychological and social factors that influence 
     world events.
       ``(4) Computer science.--The term `computer science' means 
     a program of study in computer systems, computer science, 
     computer engineering, or hardware and software analysis, 
     integration, and maintenance.
       ``(5) Cryptography.--The term `cryptography' means a 
     program of study on the conversion of data into a scrambled 
     code that can be deciphered and sent across a public or 
     private network, and the applications of such conversion of 
     data.
       ``(6) Historically black college and university.--The term 
     `historically black college and university' means an 
     institution of higher education that is a part B institution, 
     as such term is defined in section 322 of the Higher 
     Education Act of 1965 (20 U.S.C. 1061).
       ``(7) Study abroad program.--The term `study abroad 
     program' means a program of study that--
       ``(A) takes places outside the geographical boundaries of 
     the United States;
       ``(B) focuses on areas of the world that are critical to 
     the national security interests of the United States and are 
     generally underrepresented in study abroad programs at 
     institutions of higher education, including Africa, Asia, 
     Central and Eastern Europe, Eurasia, Latin American, and the 
     Middle East; and
       ``(C) is a credit or noncredit program.''.
       Page 30, strike lines 10 through 12.
       Page 30, line 13, strike ``(C)'' and insert ``(B)''.
       Page 30, line 16, strike ``(D)'' and insert ``(C)''.
       Page 30, line 19, strike ``(E)'' and insert ``(D)''.
       Page 31, line 1, strike ``any information'' and all that 
     follows through ``dissenting legal views'' and insert ``the 
     legal authority under which the intelligence activity is 
     being or was conducted''.
       Page 31, line 11, strike ``any information'' and all that 
     follows through ``legal views'' and insert ``the legal 
     authority under which the covert action is being or was 
     conducted''.
       Page 31, strike line 18 and all that follows through line 8 
     on page 32 and insert the following:
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``in writing'' after 
     ``be reported'';
       (B) in paragraph (2), by striking ``If the President'' and 
     inserting ``Subject to paragraph (5), if the President''; and
       (C) by adding at the end the following new paragraph:
       ``(5)(A) The President may only limit access to a finding 
     in accordance with this subsection or a notification in 
     accordance with subsection (d)(1) if the President submits to 
     the Members of Congress specified in paragraph (2) a 
     certification that it is essential to limit access to such 
     finding or such notification to meet extraordinary 
     circumstances affecting vital interests of the United States.
       ``(B) Not later than 180 days after a certification is 
     submitted in accordance with subparagraph (A) or this 
     subparagraph, the Director of National Intelligence shall--
       ``(i) provide access to the finding or notification that is 
     the subject of such certification to all members of the 
     congressional intelligence committees; or
       ``(ii) submit to the Members of Congress specified in 
     paragraph (2) a certification that it is essential to limit 
     access to such finding or such notification to meet 
     extraordinary circumstances affecting vital interests of the 
     United States.'';
       Page 32, strike lines 12 through 15 and insert the 
     following:
       (B) in paragraph (1), as designated by subparagraph (A) of 
     this paragraph, by inserting ``in writing'' after 
     ``notified''; and
       Page 33, line 13, insert ``or to the limiting of access to 
     such finding or such notice'' after ``notice''.
       Page 33, line 13, strike ``48 hours'' and insert ``seven 
     days''.
       Page 33, line 22, strike ``on the content of'' and insert 
     ``regarding''.
       Page 34, strike lines 14 through 20.
       Strike section 334 (Page 41, line 8 and all that follow 
     through line 25 on page 44) and insert the following new 
     section:

     SEC. 334. REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE 
                   INTELLIGENCE COMMUNITY.

       Not later than one year after the date of the enactment of 
     this Act, and annually thereafter for four years, the 
     Director of National Intelligence shall submit to the 
     congressional intelligence committees and the Committees on 
     Armed Services of the House of Representatives and the Senate 
     a report on the proficiency in foreign languages and, as 
     appropriate, in foreign dialects, of each element of the 
     intelligence community, including--
       (1) the number of positions authorized for such element 
     that require foreign language proficiency and the level of 
     proficiency required;
       (2) an estimate of the number of such positions that each 
     element will require during the five-year period beginning on 
     the date of the submission of the report;
       (3) the number of positions authorized for such element 
     that require foreign language proficiency that are filled 
     by--
       (A) military personnel; and
       (B) civilian personnel;
       (4) the number of applicants for positions in such element 
     in the preceding fiscal year that indicated foreign language 
     proficiency, including the foreign language indicated and the 
     proficiency level;
       (5) the number of persons hired by such element with 
     foreign language proficiency, including the foreign language 
     and proficiency level;
       (6) the number of personnel of such element currently 
     attending foreign language training, including the provider 
     of such training;
       (7) a description of the efforts of such element to 
     recruit, hire, train, and retain personnel that are 
     proficient in a foreign language;
       (8) an assessment of methods and models for basic, 
     advanced, and intensive foreign language training;
       (9) for each foreign language and, as appropriate, dialect 
     of a foreign language--
       (A) the number of positions of such element that require 
     proficiency in the foreign language or dialect;
       (B) the number of personnel of such element that are 
     serving in a position that requires proficiency in the 
     foreign language or dialect to perform the primary duty of 
     the position;
       (C) the number of personnel of such element that are 
     serving in a position that does not require proficiency in 
     the foreign language or dialect to perform the primary duty 
     of the position;
       (D) the number of personnel of such element rated at each 
     level of proficiency of the Interagency Language Roundtable;
       (E) whether the number of personnel at each level of 
     proficiency of the Interagency Language Roundtable meets the 
     requirements of such element;
       (F) the number of personnel serving or hired to serve as 
     linguists for such element that are not qualified as 
     linguists under the standards of the Interagency Language 
     Roundtable;
       (G) the number of personnel hired to serve as linguists for 
     such element during the preceding calendar year;
       (H) the number of personnel serving as linguists that 
     discontinued serving such element during the preceding 
     calendar year;
       (I) the percentage of work requiring linguistic skills that 
     is fulfilled by an ally of the United States; and
       (J) the percentage of work requiring linguistic skills that 
     is fulfilled by contractors;
       (10) an assessment of the foreign language capacity and 
     capabilities of the intelligence community as a whole;
       (11) an identification of any critical gaps in foreign 
     language proficiency with respect to such element and 
     recommendations for eliminating such gaps;
       (12) recommendations for eliminating required reports 
     relating to foreign-language proficiency that the Director of 
     National Intelligence considers outdated or no longer 
     relevant; and
       (13) an assessment of the feasibility of employing foreign 
     nationals lawfully present in

[[Page H944]]

     the United States who have previously worked as translators 
     or interpreters for the Armed Forces or another department or 
     agency of the Federal Government in Iraq or Afghanistan to 
     meet the critical language needs of such element.
       Page 45, beginning on line 18, strike ``one of the 
     congressional intelligence committees'' and insert ``a 
     committee of Congress with jurisdiction over such program or 
     activity''.
       Page 46, beginning on line 8, strike ``the congressional 
     intelligence committees'' and insert ``each committee of 
     Congress with jurisdiction over the program or activity that 
     is the subject of the analysis, evaluation, or investigation 
     for which the Director restricts access to information under 
     such paragraph''.
       Page 46, line 13, strike ``report'' and insert 
     ``statement''.
       Page 46, line 16, strike ``report'' and insert 
     ``statement''.
       Page 46, beginning on line 17, strike ``the congressional 
     intelligence committees any comments on a report of which the 
     Comptroller General has notice under paragraph (3)'' and 
     insert ``each committee of Congress to which the Director of 
     National Intelligence submits a statement under paragraph (2) 
     any comments on the statement''.
       Page 46, line 21, strike the closing quotation mark and the 
     final period.
       Page 46, after line 21, insert the following:
       ``(c) Confidentiality.--(1) The Comptroller General shall 
     maintain the same level of confidentiality for information 
     made available for an analysis, evaluation, or investigation 
     referred to in subsection (a) as is required of the head of 
     the element of the intelligence community from which such 
     information is obtained. Officers and employees of the 
     Government Accountability Office are subject to the same 
     statutory penalties for unauthorized disclosure or use of 
     such information as officers or employees of the element of 
     the intelligence community that provided the Comptroller 
     General or officers and employees of the Government 
     Accountability Office with access to such information.
       ``(2) The Comptroller General shall establish procedures to 
     protect from unauthorized disclosure all classified and other 
     sensitive information furnished to the Comptroller General or 
     any representative of the Comptroller General for conducting 
     an analysis, evaluation, or investigation referred to in 
     subsection (a).
       ``(3) Before initiating an analysis, evaluation, or 
     investigation referred to in subsection (a), the Comptroller 
     General shall provide the Director of National Intelligence 
     and the head of each relevant element of the intelligence 
     community with the name of each officer and employee of the 
     Government Accountability Office who has obtained appropriate 
     security clearance and to whom, upon proper identification, 
     records and information of the element of the intelligence 
     community shall be made available in conducting such 
     analysis, evaluation, or investigation.''.
       Page 48, line 15, strike ``Biannual'' and insert 
     ``Biennial''.
       Page 48, line 19, strike ``biannually'' and insert 
     ``biennially''.
       Page 62, line 14, strike ``NATIONAL INTELLIGENCE ESTIMATE'' 
     and insert ``REPORT''.
       Page 62, beginning on line 18, strike ``National 
     Intelligence Estimate or National Intelligence Assessment'' 
     and insert ``report''.
       Page 62, strike line 20 and insert the following: ``supply 
     chain and global provision of services to determine whether 
     such supply chain and such services pose''.
       Page 62, line 21, strike ``counterfeit''.
       Page 62, line 22, strike ``defective'' and insert 
     ``counterfeit, defective,''.
       Page 62, line 23, insert ``or services that may be managed, 
     controlled, or manipulated by a foreign government or a 
     criminal organization'' after ``organization''.
       Page 63, beginning on line 5, strike ``counterfeit''.
       Page 63, line 6, strike ``defective'' and insert 
     ``counterfeit, defective,''.
       Page 63, line 8, insert ``or services that may be managed, 
     controlled, or manipulated by a foreign government or a 
     criminal organization'' after ``organization''.
       Page 63, at the end of line 8 insert the following: ``Such 
     review shall include an examination of the threat posed by 
     State-controlled and State-invested enterprises and the 
     extent to which the actions and activities of such 
     enterprises may be controlled, coerced, or influenced by a 
     foreign government.''.
       Strike section 353 (Page 67, line 20 and all that follows 
     through line 25 on page 68).
       Page 69, beginning on line 5, strike ``Federal Bureau of 
     Investigation'' and insert ``Federal Bureau of Investigation, 
     in consultation with the Secretary of State,''.
       Insert after section 354 (Page 69, after line 15) the 
     following new sections:

     SEC. 355. REPORT ON QUESTIONING AND DETENTION OF SUSPECTED 
                   TERRORISTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with the Attorney General, shall submit to 
     Congress a report containing--
       (1) a description of the strategy of the Federal Government 
     for balancing the intelligence collection needs of the United 
     States with the interest of the United States in prosecuting 
     terrorist suspects; and
       (2) a description of the policy of the Federal Government 
     with respect to the questioning, detention, trial, transfer, 
     release, or other disposition of suspected terrorists.

     SEC. 356. REPORT ON DISSEMINATION OF COUNTERTERRORISM 
                   INFORMATION TO LOCAL LAW ENFORCEMENT AGENCIES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall submit 
     to Congress a report on the dissemination of critical 
     counterterrorism information from the intelligence community 
     to local law enforcement agencies, including recommendations 
     for improving the means of communication of such information 
     to local law enforcement agencies.

     SEC. 357. REPORT ON INTELLIGENCE CAPABILITIES OF STATE AND 
                   LOCAL LAW ENFORCEMENT AGENCIES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall submit 
     to Congress a report on the intelligence capabilities of 
     State and local law enforcement agencies. Such report shall 
     include--
       (1) an assessment of the ability of State and local law 
     enforcement agencies to analyze and fuse intelligence 
     community products with locally gathered information;
       (2) a description of existing procedures of the 
     intelligence community to share with State and local law 
     enforcement agencies the tactics, techniques, and procedures 
     for intelligence collection, data management, and analysis 
     learned from global counterinsurgency and counterterror 
     operations;
       (3) a description of current intelligence analysis training 
     provided by elements of the intelligence community to State 
     and local law enforcement agencies;
       (4) an assessment of the need for a formal intelligence 
     training center to teach State and local law enforcement 
     agencies methods of intelligence collection and analysis; and
       (5) an assessment of the efficiently of co-locating such an 
     intelligence training center with an existing intelligence 
     community or military intelligence training center.

     SEC. 358. INSPECTOR GENERAL REPORT ON OVER-CLASSIFICATION.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Inspector General of the 
     Intelligence Community shall submit to Congress a report 
     containing an analysis of the problem of over-classification 
     of intelligence and ways to address such over-classification, 
     including an analysis of the importance of protecting sources 
     and methods while providing law enforcement and the public 
     with as much access to information as possible.
       (b) Form.--The report under subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 359. REPORT ON THREAT FROM DIRTY BOMBS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with the Nuclear Regulatory Commission, shall 
     submit to Congress a report summarizing intelligence related 
     to the threat to the United States from weapons that use 
     radiological materials, including highly dispersible 
     substances such as cesium-137.

     SEC. 360. REPORT ON ACTIVITIES OF THE INTELLIGENCE COMMUNITY 
                   IN ARGENTINA.

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate congressional 
     committees a report containing the following:
       (1) A description of any information in the possession of 
     the intelligence community with respect to the following 
     events in the Republic of Argentina:
       (A) The accession to power by the military of the Republic 
     of Argentina in 1976.
       (B) Violations of human rights committed by officers or 
     agents of the Argentine military and security forces during 
     counterinsurgency or counterterror operations, including by 
     the State Intelligence Secretariat (Secretaria de 
     Inteligencia del Estado), Military Intelligence Detachment 
     141 (Destacamento de Inteligencia Militar 141 in Cordoba), 
     Military Intelligence Detachment 121 (Destacamento Militar 
     121 in Rosario), Army Intelligence Battalion 601, the Army 
     Reunion Center (Reunion Central del Ejercito), and the Army 
     First Corps in Buenos Aires.
       (C) Operation Condor and Argentina's role in cross-border 
     counterinsurgency or counterterror operations with Brazil, 
     Bolivia, Chile, Paraguay, or Uruguay.
       (2) Information on abductions, torture, disappearances, and 
     executions by security forces and other forms of repression, 
     including the fate of Argentine children born in captivity, 
     that took place at detention centers, including the 
     following:
       (A) The Argentine Navy Mechanical School (Escuela Mecanica 
     de la Armada).
       (B) Automotores Orletti.
       (C) Operaciones Tacticas 18.
       (D) La Perla.
       (E) Campo de Mayo.
       (F) Institutos Militares.
       (3) An appendix of declassified records reviewed and used 
     for the report submitted under this subsection.
       (4) A descriptive index of information referred to in 
     paragraph (1) or (2) that is classified, including the 
     identity of each document that is classified, the reason for 
     continuing the classification of such document, and an 
     explanation of how the release of the document would damage 
     the national security interests of the United States.

[[Page H945]]

       (b) Review of Classified Documents.--Not later than two 
     years after the date on which the report required under 
     subsection (a) is submitted, the Director of National 
     Intelligence shall review information referred to in 
     paragraph (1) or (2) of subsection (a) that is classified to 
     determine if any of such information should be declassified.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Permanent Select Committee on Intelligence and the 
     Committee on Appropriations of the House of Representatives 
     and the Select Committee on Intelligence and the Committee on 
     Appropriations of the Senate.

     SEC. 361. REPORT ON NATIONAL SECURITY AGENCY STRATEGY TO 
                   PROTECT DEPARTMENT OF DEFENSE NETWORKS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of the National Security Agency shall 
     submit to Congress a report on the strategy of the National 
     Security Agency with respect to securing networks of the 
     Department of Defense within the intelligence community.

     SEC. 362. REPORT ON CREATION OF SPACE INTELLIGENCE OFFICE.

       Not later than one year after the date of the enactment of 
     this Act, the Director of National Intelligence shall submit 
     to Congress a report on the feasibility and advisability of 
     creating a national space intelligence office to manage 
     space-related intelligence assets and access to such assets.

     SEC. 363. PLAN TO SECURE NETWORKS OF THE INTELLIGENCE 
                   COMMUNITY.

       (a) Plan.--Not later than 180 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     a plan to secure the networks of the intelligence community. 
     Such plan shall include strategies for--
       (1) securing the networks of the intelligence community 
     from unauthorized remote access, intrusion, or insider 
     tampering;
       (2) recruiting, retaining, and training a highly-qualified 
     cybersecurity intelligence community workforce and include--
       (A) an assessment of the capabilities of such workforce;
       (B) an examination of issues of recruiting, retention, and 
     the professional development of such workforce, including the 
     possibility of providing retention bonuses or other forms of 
     compensation;
       (C) an assessment of the benefits of outreach and training 
     with both private industry and academic institutions with 
     respect to such workforce; and
       (D) an assessment of the impact of the establishment of the 
     Department of Defense Cyber Command on personnel and 
     authorities of the intelligence community;
       (3) making the intelligence community workforce and the 
     public aware of cybersecurity best practices and principles;
       (4) coordinating the intelligence community response to a 
     cybersecurity incident;
       (5) collaborating with industry and academia to improve 
     cybersecurity for critical infrastructure, the defense 
     industrial base, and financial networks;
       (6) addressing such other matters as the President 
     considers necessary to secure the cyberinfrastructure of the 
     intelligence community; and
       (7) reviewing procurement laws and classification issues to 
     determine how to allow for greater information sharing on 
     specific cyber threats and attacks between private industry 
     and the intelligence community.
       (b) Updates.--Not later than 90 days after the date on 
     which the plan referred to in subsection (a) is submitted to 
     Congress, and every 90 days thereafter until the President 
     submits the certification referred to in subsection (c), the 
     President shall report to Congress on the status of the 
     implementation of such plan and the progress towards the 
     objectives of such plan.
       (c) Certification.--The President may submit to Congress a 
     certification that the objectives of the plan referred to in 
     subsection (a) have been achieved.

     SEC. 364. REPORT ON MISSILE ARSENAL OF IRAN.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall submit 
     to the congressional intelligence committees a report 
     assessing the threat posed by the missile arsenal of Iran to 
     allies and interests of the United States in the Persian 
     Gulf.

     SEC. 365. STUDY ON BEST PRACTICES OF FOREIGN GOVERNMENTS IN 
                   COMBATING VIOLENT DOMESTIC EXTREMISM.

       (a) Study.--The Director of National Intelligence shall 
     conduct a study on the best practices of foreign governments 
     (including the intelligence services of such governments) to 
     combat violent domestic extremism.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit to the congressional intelligence committees a 
     report containing the results of the study conducted under 
     subsection (a).

     SEC. 366. REPORT ON INFORMATION SHARING PRACTICES OF JOINT 
                   TERRORISM TASK FORCE.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of the Federal Bureau of Investigation 
     shall submit to Congress a report on the best practices or 
     impediments to information sharing in the Federal Bureau of 
     Investigation-New York Police Department Joint Terrorism Task 
     Force, including ways in which the combining of Federal, 
     State, and local law enforcement resources can result in the 
     effective utilization of such resources.

     SEC. 367. REPORT ON TECHNOLOGY TO ENABLE INFORMATION SHARING.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall submit 
     to Congress and the President a report describing the 
     improvements to information technology needed to enable 
     elements of the Federal Government that are not part of the 
     intelligence community to better share information with 
     elements of the intelligence community.

     SEC. 368. REPORT ON THREATS TO ENERGY SECURITY OF THE UNITED 
                   STATES.

       Not later than one year after the date of the enactment of 
     this Act, the Director of National Intelligence shall submit 
     to Congress a report in unclassified form describing the 
     future threats to describing the future threats to the 
     national security of the United States from continued and 
     increased dependence of the United States on oil sources from 
     foreign nations.
       Page 70, strike lines 1 through 7.
       Page 74, line 16, strike ``includes'' and insert ``means''.
       Page 75, line 24, strike the closing quotation mark and the 
     final period.
       Page 75, after line 24, insert the following:
       ``(D) Terrorist screening purpose.--The term `terrorist 
     screening purpose' means--
       ``(i) the collection, analysis, dissemination, and use of 
     terrorist identity information to determine threats to the 
     national security of the United States from a terrorist or 
     terrorism; and
       ``(ii) the use of such information for risk assessment, 
     inspection, and credentialing.''.
       Page 86, line 11, strike ``the congressional defense 
     committees'' and insert ``Congress''.
       Page 87, line 17, strike ``the''.
       At the end of subtitle E of title III (Page 88, after line 
     18), add the following new section:

     SEC. 369. SENSE OF CONGRESS ON MONITORING OF NORTHERN BORDER 
                   OF THE UNITED STATES.

       (a) Finding.--Congress finds that suspected terrorists have 
     attempted to enter the United States through the 
     international land and maritime border of the United States 
     and Canada.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the intelligence community should devote sufficient 
     resources, including technological and human resources, to 
     identifying and thwarting potential threats at the 
     international land and maritime border of the United States 
     and Canada; and
       (2) the intelligence community should work closely with the 
     Government of Canada to identify and apprehend suspected 
     terrorists before such terrorists enter the United States.
       Page 96, line 14, insert after the period the following: 
     ``Nothing in this paragraph shall prohibit a personnel action 
     with respect to the Inspector General otherwise authorized by 
     law, other than transfer or removal.''.
       At the end of subtitle A of title IV (Page 116, after line 
     6), add the following new section:

     SEC. 407. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR 
                   REVIEWS OF INTERNATIONAL TRAFFIC IN ARMS 
                   REGULATIONS AND EXPORT ADMINISTRATION 
                   REGULATIONS.

       The Director of National Intelligence may provide support 
     for any review conducted by a department or agency of the 
     Federal Government of the International Traffic in Arms 
     Regulations or Export Administration Regulations, including a 
     review of technologies and goods on the United States 
     Munitions List and Commerce Control List that may warrant 
     controls that are different or additional to the controls 
     such technologies and goods are subject to at the time of 
     such review.
       Strike section 411 (Page 116, line 9 and all that follows 
     through line 2 on page 118) and insert the following new 
     section:

     SEC. 411. REVIEW OF COVERT ACTION PROGRAMS BY INSPECTOR 
                   GENERAL OF THE CENTRAL INTELLIGENCE AGENCY.

       Section 17 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 403q) is amended--
       (1) in subsection (b)(4)--
       (A) by striking ``(4) If'' and inserting ``(4)(A) If''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) The Director may waive the requirement to submit the 
     statement required under subparagraph (A) within seven days 
     of prohibiting an audit, inspection, or investigation under 
     paragraph (3) if such audit, inspection, or investigation is 
     related to a covert action program. If the Director waives 
     such requirement in accordance with this subparagraph, the 
     Director shall submit the statement required under 
     subparagraph (A) as soon as practicable, along with an 
     explanation of the reasons for delaying the submission of 
     such statement.'';
       (2) in subsection (d)(1)--
       (A) by redesignating subparagraphs (E) and (F) as 
     subsections (F) and (G), respectively; and
       (B) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) a list of the covert actions for which the Inspector 
     General has not completed an audit within the preceding 
     three-year period;''; and

[[Page H946]]

       (3) by adding at the end the following new subsection:
       ``(h) Covert Action Defined.--In this section, the term 
     `covert action' has the meaning given the term in section 
     503(e) of the National Security Act of 1947 (50 U.S.C. 
     413b(e)).''.
       Strike section 426 (Page 128, line 21 and all that follows 
     through line 15 on page 129).
       Strike section 427 (Page 129, lines 16 through 25).
       Strike section 502 (Page 133, line 1 and all that follow 
     through line 10 on page 134).
       At the end of subtitle A of title V (Page 135, after line 
     12), add the following new section:

     SEC. 505. CYBERSECURITY TASK FORCE.

       (a) Establishment.--There is established a cybersecurity 
     task force (in this section referred to as the ``Task 
     Force'').
       (b) Membership.--
       (1) In general.--The Task Force shall consist of the 
     following members:
       (A) One member appointed by the Attorney General.
       (B) One member appointed by the Director of the National 
     Security Agency.
       (C) One member appointed by the Director of National 
     Intelligence.
       (D) One member appointed by the White House Cybersecurity 
     Coordinator.
       (E) One member appointed by the head of any other agency or 
     department that is designated by the Attorney General to 
     appoint a member to the Task Force.
       (2) Chair.--The member of the Task Force appointed pursuant 
     to paragraph (1)(A) shall serve as the Chair of the Task 
     Force.
       (c) Study.--The Task Force shall conduct a study of 
     existing tools and provisions of law used by the intelligence 
     community and law enforcement agencies to protect the 
     cybersecurity of the United States.
       (d) Report.--
       (1) Initial.--Not later than one year after the date of the 
     enactment of this Act, the Task Force shall submit to 
     Congress a report containing guidelines or legislative 
     recommendations to improve the capabilities of the 
     intelligence community and law enforcement agencies to 
     protect the cybersecurity of the United States. Such report 
     shall include guidelines or legislative recommendations on--
       (A) improving the ability of the intelligence community to 
     detect hostile actions and attribute attacks to specific 
     parties;
       (B) the need for data retention requirements to assist the 
     intelligence community and law enforcement agencies;
       (C) improving the ability of the intelligence community to 
     anticipate nontraditional targets of foreign intelligence 
     services; and
       (D) the adequacy of existing criminal statutes to 
     successfully deter cyber attacks, including statutes 
     criminalizing the facilitation of criminal acts, the scope of 
     laws for which a cyber crime constitutes a predicate offense, 
     trespassing statutes, data breach notification requirements, 
     and victim restitution statutes.
       (2) Subsequent.--Not later than one year after the date on 
     which the initial report is submitted under paragraph (1), 
     and annually thereafter for two years, the Task Force shall 
     submit to Congress an update of the report required under 
     paragraph (1).
       (e) Termination.--The Task Force shall terminate on the 
     date that is 60 days after the date on which the last update 
     of a report required under subsection (d)(2) is submitted.

                              {time}  1015


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 111-419 on 
which further proceedings were postponed, in the following order:
  Amendment No. 1, as modified, by Mr. Reyes of Texas.
  Amendment No. 3 by Mr. Hastings of Florida.
  Amendment No. 12 by Mr. Schauer of Michigan.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                  Amendment No. 1 Offered by Mr. Reyes

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment, as modified, offered by the gentleman 
from Texas (Mr. Reyes) on which further proceedings were postponed and 
on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 246, 
noes 166, not voting 26, as follows:

                             [Roll No. 69]

                               AYES--246

     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Cao
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Sutton
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--166

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Crenshaw
     Culberson
     Davis (KY)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Kucinich
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Waters
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--26

     Abercrombie
     Ackerman
     Barrett (SC)
     Bishop (NY)
     Boehner
     Boucher
     Capps
     Deal (GA)
     Dent
     Fallin
     Hall (TX)
     Inslee
     Johnson (GA)
     King (NY)
     Mack
     Moran (KS)
     Paul
     Pierluisi
     Radanovich
     Reichert
     Scalise
     Stark
     Stupak
     Sullivan
     Tanner
     Westmoreland

[[Page H947]]



                              {time}  1047

  Mr. CASSIDY changed his vote from ``aye'' to ``no.''
  Messrs. TAYLOR and WU changed their vote from ``no'' to ``aye.''
  So the amendment, as modified, was agreed to.
  The result of the vote was announced as above recorded.


           Amendment No. 3 Offered by Mr. Hastings of Florida

  The Acting CHAIR (Mr. Cuellar). The unfinished business is the demand 
for a recorded vote on the amendment offered by the gentleman from 
Florida (Mr. Hastings) on which further proceedings were postponed and 
on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 401, 
noes 11, not voting 26, as follows:

                             [Roll No. 70]

                               AYES--401

     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lynch
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Rahall
     Rangel
     Rehberg
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stearns
     Sutton
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NOES--11

     Akin
     Broun (GA)
     Campbell
     Franks (AZ)
     King (IA)
     Lungren, Daniel E.
     McClintock
     Miller, Gary
     Rohrabacher
     Royce
     Young (AK)

                             NOT VOTING--26

     Abercrombie
     Ackerman
     Barrett (SC)
     Bishop (NY)
     Boehner
     Boucher
     Capps
     Deal (GA)
     Dent
     Fallin
     Hall (TX)
     Inslee
     King (NY)
     Mack
     Moran (KS)
     Olver
     Paul
     Pierluisi
     Radanovich
     Reichert
     Scalise
     Stark
     Stupak
     Sullivan
     Tanner
     Westmoreland


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining on 
this vote.

                              {time}  1055

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


                Amendment No. 12 Offered by Mr. Schauer

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Michigan 
(Mr. Schauer) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.


 =========================== NOTE =========================== 

  
  February 26, 2010 on H947 the following appeared: were postponed 
and on which the noes
  
  The online version should be corrected to read: were postponed 
and on which the ayes


 ========================= END NOTE ========================= 

  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 410, 
noes 1, not voting 27, as follows:

                             [Roll No. 71]

                               AYES--410

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes

[[Page H948]]


     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Rahall
     Rangel
     Rehberg
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stearns
     Sutton
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--1

       
     Woolsey
       

                             NOT VOTING--27

     Abercrombie
     Ackerman
     Barrett (SC)
     Bishop (NY)
     Blackburn
     Boehner
     Boucher
     Bright
     Capps
     Deal (GA)
     Dent
     Fallin
     Hall (TX)
     Inslee
     King (NY)
     Mack
     Moran (KS)
     Paul
     Pierluisi
     Radanovich
     Reichert
     Scalise
     Stark
     Stupak
     Sullivan
     Tanner
     Westmoreland


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining on 
this vote.

                              {time}  1102

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. BRIGHT. Madam Chair, on rollcall No. 71, had I been present, I 
would have voted ``yea.''
  The Acting CHAIR. The question is on the committee amendment in the 
nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The Acting CHAIR. Accordingly, under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Serrano) having assumed the chair, Mr. Cuellar, Acting Chair of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2701) to 
authorize appropriations for fiscal year 2010 for intelligence and 
intelligence-related activities of the United States Government, the 
Community Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes, pursuant to 
House Resolution 1105, he reported the bill back to the House with an 
amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. HOEKSTRA. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. HOEKSTRA. Yes, in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Hoekstra moves to recommit the bill, H.R. 2701, to the 
     Permanent Select Committee on Intelligence with instructions 
     to report the same back to the House forthwith with the 
     following amendments:
       At the end of subtitle A of title IV, add the following new 
     section:

     SEC. 407. COORDINATION OF HIGH-VALUE DETAINEE INTERROGATION.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1) is amended by adding at the end the following 
     new subsection:
       ``(s) Interrogation of High-value Detainees.--(1) The 
     Director of National Intelligence shall, in consultation with 
     the heads of departments and agencies of the United States 
     Government containing elements of the intelligence community, 
     the Director of the Central Intelligence Agency, and the 
     Director of the Federal Bureau of Investigation--
       ``(A) coordinate the interrogation of high-value detainees 
     associated with international terrorism captured, held, or 
     questioned by a department or agency that is or contains an 
     element of the intelligence community;
       ``(B) be responsible for any interagency group conducting 
     an interrogation of a high-value detainee associated with 
     international terrorism; and
       ``(C) before an officer or employee of the Federal 
     Government provides the warnings of constitutional rights 
     described in Miranda vs. Arizona, 384 U.S. 436 (U.S. 1966) to 
     a high-value detainee who is suspected of terrorism, 
     associated with terrorists, or believed to have knowledge of 
     terrorists and who is captured, held, or questioned by a 
     department or agency that is or contains an element of the 
     intelligence community, approve the providing of such 
     warnings to such high-value detainee.
       ``(2) Paragraph (1) shall not apply with respect to a 
     detainee who is captured on the battlefield by the Armed 
     Forces of the United States, unless the Director of National 
     Intelligence determines that such detainee is a high-value 
     detainee.
       ``(3) The Director of National Intelligence may not 
     delegate the authority to approve the providing of warnings 
     under paragraph (1)(C).''.
       At the end of subtitle B of title IV, add the following new 
     section:

     SEC. 417. REVIEW OF BRIEFINGS ON COVERT ACTIONS BY THE CIA; 
                   PUBLIC AVAILABILITY OF UNCLASSIFIED VERSIONS OF 
                   DOCUMENTS RELATING TO USE OF ENHANCED 
                   INTERROGATION TECHNIQUES.

       (a) Review of Briefings.--Not later than 60 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Central Intelligence Agency shall--
       (1) compile any objections raised by a Member of Congress 
     to a covert action (as defined in section 503(e) of the 
     National Security Act of 1947 (50 U.S.C. 413b(e))) on which 
     such Member of Congress was briefed by personnel of the 
     Central Intelligence Agency after September 11, 2001; and
       (2) assess whether the Central Intelligence Agency 
     addressed such objections.
       (b) Public Availability of Unclassified Versions of 
     Documents Relating to Use of Enhanced Interrogation 
     Techniques.--The Director of the Central Intelligence Agency 
     shall make publicly available--
       (1) an unclassified version of all Memoranda for the Record 
     memorializing briefings made to Members of Congress on the 
     use of enhanced interrogation techniques; and
       (2) an unclassified version of finished intelligence 
     products produced after September 11, 2001, assessing the 
     information gained from detainee reporting, including 
     documents dated July 15, 2004, or June 1, 2005.

  Mr. HOEKSTRA (during the reading). I ask unanimous consent that the 
motion be considered as read.
  The SPEAKER pro tempore. Is there objection to dispensing with the 
reading?
  Mr. REYES. I object.
  The SPEAKER pro tempore. Objection is heard.
  The Clerk will continue to read.
  The Clerk continued to read.
  The SPEAKER pro tempore. The gentleman from Michigan is recognized 
for 5 minutes.
  Mr. HOEKSTRA. Thank you, Mr. Speaker.

[[Page H949]]

  Our country and our intelligence community are at a crossroads. Over 
the last 14 months, we've been struggling as to whether we're going to 
be focused on defeating terrorists or whether we're going to be focused 
on a law enforcement approach. This couldn't have been defined more 
clearly than what it was yesterday when the manager of this bill 
brought forward an amendment that would have put our intelligence 
community professionals at risk putting them under criminal statutes 
that you wouldn't even apply to your local sheriff or your local State 
trooper.
  Thankfully, many of our colleagues on the other side of the aisle 
joined with us and forced the majority to go back and rewrite the rule 
and come back and strip that provision from the bill.
  But that move yesterday should not have been a surprise. It was only 
last year that the Attorney General appointed a special prosecutor to 
investigate CIA personnel even though career Justice Department 
officials had already decided that there was no basis for prosecution. 
It appears that the majority wants to investigate and prosecute 
everyone who has been involved in our critical interrogation programs--
except themselves.
  The records of briefings have shown clearly and repeatedly that 
Democratic and Republican leadership of the House were briefed early 
and often on the use of the same techniques that they wanted to 
criminalize yesterday. And they never objected. And while there has 
been a selective release of certain briefing documents over the last 
few days, the record is far from complete because the administration 
and the majority have repeatedly blocked requests and amendments to 
publicly release a full, unclassified briefing of the classified 
records: who knew what and when.
  The motion to recommit would stop the criminalization of our national 
security policy and ensure that Members of Congress would be as 
accountable for their conduct as the majority wants to hold the men and 
women of the CIA.
  The motion would ask the CIA Inspector General to conduct an 
independent review of whether any Member of Congress objected to the 
use of the techniques to review what steps were taken and to require 
the release of all of the briefing memos. If the majority was not 
briefed or raised concerns, it should have nothing to fear from an 
independent and objective review by the facts of the Inspector General.
  And, secondly, the motion would also clarify once and for all that 
the Director of National Intelligence should be in charge of 
coordinating interrogation of terrorists and should ensure we have 
collected all actionable intelligence before reading terrorists their 
Miranda rights.
  This is a proposition that should not be controversial. Why is this 
in here? It was only on Christmas Day that the DNI, the Director of the 
National Counterterrorism Center, and the Secretary of Homeland 
Security all said that they were not consulted before the Christmas Day 
bomber was read his Miranda rights.
  These provisions are fully consistent with all of the other 
authorities that have been given to the DNI to coordinate the 
activities of the intelligence community. It makes no sense for the DNI 
to be in charge of coordinating all other intelligence activities but 
then the Attorney General is in charge of interrogation of foreign 
terrorists.
  This motion would place the emphasis back where it belongs. It would 
align accountability and authority for those who make the decisions 
with the DNI.

                              {time}  1115

  The DNI is responsible for collecting intelligence to prevent 
attacks. This is where we need to go.
  We can answer two fundamental questions with this motion to recommit. 
Who knew what, when, on enhanced interrogation techniques. Before we go 
and prosecute people in the intelligence community, let's have a clear 
record of what Members of this body knew and approved, because 
basically the administration and this Congress asked the intelligence 
personnel to do what they did. They were following our orders and 
instructions to keep America safe.
  The second thing is, let's make sure that the DNI, the person with 
the responsibility to keep us safe, has the final decision on when and 
how we will interrogate foreign terrorists to keep America safe. It's 
his job. It's his responsibility. Let's get rid of the confusion. Let's 
get the alignment. Let's do what's necessary to keep America safe and 
to protect and recognize the service of our men and women in the 
intelligence community.
  I yield back the balance of my time.
  Mr. REYES. I rise in opposition to the motion to recommit.
  The SPEAKER pro tempore. The gentleman from Texas is recognized for 5 
minutes.
  Mr. REYES. Mr. Speaker, to me, it seems that the minority would have 
us fight terrorism with one hand tied behind our back. This motion to 
recommit would require that before a Miranda warning can be issued, an 
investigator or a beat cop would have to get permission from a gaggle 
of Cabinet-level officials in Washington. This is simply absurd.
  The minority would put FBI agents who arrest potential terrorists in 
a bitter catch-22. The courts require that Miranda warnings be given in 
certain circumstances. The minority would have an FBI agent ignore 
those rules and shut down the possibility of ever building a criminal 
case, or the agent can stop an interrogation while someone tries to get 
signatures from half of Washington.
  The provision doesn't even include authority for these officials to 
delegate the required certification. This means that if one official 
happens to be traveling, it's just going to take that much longer for 
that beat cop or that FBI agent to start gathering evidence.
  Let's get the facts straight about Miranda. Federal agents are not 
required to Mirandize terrorism suspects when there is an imminent risk 
to public safety. They are free to interrogate suspects on concerns 
about any immediate or ongoing threat to our country. Federal agents 
questioned the Christmas Day bomber without the Miranda warnings under 
this very public safety exemption. Federal agents also don't need to 
give Miranda warnings when an interview is voluntary. The FBI routinely 
secures intelligence from suspected terrorists without Miranda in this 
manner.
  But even when Miranda warnings are given, the record is crystal 
clear; suspected terrorists do not stop talking. Just this week, in the 
case of Najibullah Zazi, who pled guilty to charges of attempting to 
kill innocent civilians on the New York subway, was apprehended by law 
enforcement, given Miranda warnings, and interrogated thoroughly. In 
that questioning, Zazi provided valuable information about the plot and 
now he will be convicted without any fanfare. That is just one example 
among many. The Christmas Day bomber, the shoe bomber, Richard Reid, 
and scores of other suspected terrorists provided valuable intelligence 
after receiving Miranda warnings.
  But this really, today, isn't about Miranda at all. What the minority 
really wants to take away is our ability to use the criminal justice 
system to go after suspected terrorists. I urge my colleagues not to 
make such an irresponsible and reckless decision. Don't support this 
motion to recommit.
  The Federal criminal justice system has proven to be the most 
reliable and effective means we have for putting terrorists behind 
bars. Federal prosecutors, law enforcement officials, and judges know 
better than anybody else how to interrogate, how to try, how to 
convict, and how to hold terrorists.
  In the 10 years since 9/11, the Justice Department has successfully 
convicted more than 300 terrorists in Federal criminal courts. These 
include hardened members of al Qaeda such as the so-called 20th 
hijacker, Zacarias Moussaoui.
  One case in particular on this point, Richard Reid was arrested for 
attempting to ignite a bomb in his shoe while on a flight to Miami in 
December of 2001. Reid was advised of his Miranda rights within 5 
minutes of being removed from the aircraft and was reminded of these 
rights four times within 48 hours and now is serving a life sentence in 
Federal prison. To my knowledge, my Republican friends did not 
criticize the Bush administration for its handling of that case or any 
of the other cases that we have on file.
  This motion to recommit applies to the high-value detainees, so that 
in the

[[Page H950]]

toughest cases, they want us to play by a completely unreasonable set 
of rules that will slow us down and make us weaker. That is why the 
Department of Defense opposes this, the Director of National 
Intelligence opposes this, the Department of Justice opposes this.
  I think this morning, it's time to say enough with the games. It's 
time for us to stop playing politics with our national security. It's 
time for us to create a system that makes those responsible for our 
safety not play it with one hand tied behind their back.
  Let's let our law enforcement professionals do their jobs. Above all, 
let's stop attacking the FBI agents that know what they are doing, know 
how to do it, and let's vote down this motion to recommit. Vote ``no'' 
on the motion to recommit.
  I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. HOEKSTRA. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage of H.R. 2701, if ordered, and the motion to 
suspend the rules on H. Con. Res. 238.
  The vote was taken by electronic device, and there were--ayes 186, 
noes 217, not voting 29, as follows:

                             [Roll No. 72]

                               AYES--186

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Austria
     Bachmann
     Barrow
     Bartlett
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Bonner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Crenshaw
     Culberson
     Dahlkemper
     Davis (KY)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Duncan
     Ehlers
     Emerson
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Halvorson
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Owens
     Paulsen
     Pence
     Peters
     Petri
     Pitts
     Platts
     Poe (TX)
     Pomeroy
     Posey
     Putnam
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--217

     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Blumenauer
     Boccieri
     Boswell
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peterson
     Pingree (ME)
     Polis (CO)
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Speier
     Spratt
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--29

     Abercrombie
     Ackerman
     Bachus
     Barrett (SC)
     Barton (TX)
     Bishop (NY)
     Blackburn
     Blunt
     Boehner
     Boucher
     Capps
     Deal (GA)
     Dent
     Fallin
     Hall (TX)
     Inslee
     King (NY)
     Mack
     Moran (KS)
     Paul
     Price (GA)
     Radanovich
     Reichert
     Scalise
     Stark
     Stupak
     Sullivan
     Tanner
     Westmoreland


                Announcement by the Speaker Pro Tempore

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

                              {time}  1140

  Mr. HODES and Ms. SHEA-PORTER changed their vote from ``aye'' to 
``no.''
  Messrs. DONNELLY of Indiana and PLATTS and Mrs. HALVORSON changed 
their vote from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. McINTYRE. Mr. Speaker, during rollcall vote No. 72 on H.R. 2701, 
I mistakenly recorded my vote as ``no'' when I should have voted 
``yes.''
  I ask unanimous consent that my statement appear in the Record 
immediately following rollcall vote No. 72.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. HOEKSTRA. 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 235, 
noes 168, not voting 29, as follows:

                             [Roll No. 73]

                               AYES--235

     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Cao
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Israel
     Jackson (IL)

[[Page H951]]


     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Langevin
     Larsen (WA)
     Larson (CT)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Perlmutter
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Speier
     Spratt
     Sutton
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Wu
     Yarmuth

                               NOES--168

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Crenshaw
     Culberson
     Davis (KY)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Kucinich
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McDermott
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Payne
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Young (AK)
     Young (FL)

                             NOT VOTING--29

     Abercrombie
     Ackerman
     Barrett (SC)
     Barton (TX)
     Bishop (NY)
     Blackburn
     Blunt
     Boehner
     Boucher
     Capps
     Davis (AL)
     Deal (GA)
     Dent
     Fallin
     Hall (TX)
     Inslee
     King (NY)
     Lynch
     Mack
     Moran (KS)
     Paul
     Radanovich
     Reichert
     Scalise
     Stark
     Stupak
     Sullivan
     Tanner
     Westmoreland


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There is 1 minute 
remaining in this vote.

                              {time}  1149

  Mr. ROYCE changed his vote from ``aye'' to ``no.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________