[Congressional Record Volume 156, Number 83 (Friday, May 28, 2010)]
[House]
[Pages H4194-H4199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011
The SPEAKER pro tempore. Pursuant to House Resolution 1404 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. 5136.
{time} 1501
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. 5136) to authorize appropriations for fiscal year 2011
for military activities of the Department of Defense, to prescribe
military personnel strengths for such fiscal year, and for other
purposes, with Mr. Serrano (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,
May 27, 2010, a request for a recorded vote on amendments en bloc No.
9, printed in House Report 111-498, offered by the gentleman from
Missouri (Mr. Skelton) had been postponed.
Mr. SKELTON. Mr. Chairman, I ask unanimous consent that the demand
for a recorded vote on amendment No. 81 be withdrawn.
The Acting CHAIR. Is there objection to the request of the gentleman
from Missouri?
There was no objection.
The Acting CHAIR. The amendment is adopted pursuant to the earlier
voice vote.
Amendments En Bloc No. 9 Offered by Mr. Skelton
The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendments en bloc, as modified, offered by the
gentleman from Missouri (Mr. Skelton) on which further proceedings were
postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
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 416,
noes 1, not voting 20, as follows:
[Roll No. 333]
AYES--416
Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cole
Conaway
Connolly (VA)
[[Page H4195]]
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Critz
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
DeLauro
Dent
Deutch
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Djou
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
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
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
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
Pierluisi
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Quigley
Radanovich
Rahall
Rangel
Rehberg
Reichert
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)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Stearns
Sullivan
Sutton
Tanner
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
Westmoreland
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOES--1
Paul
NOT VOTING--20
Barton (TX)
Bordallo
Boren
Brown-Waite, Ginny
Christensen
Cohen
Davis (AL)
Davis (KY)
Delahunt
Faleomavaega
Graves
Hastings (FL)
Jones
Latta
Melancon
Myrick
Ryan (WI)
Sablan
Shuler
Stupak
Announcement by the Acting Chair
The Acting CHAIR. There is 1 minute remaining in the vote.
{time} 1519
So the amendments en bloc were agreed to.
The result of the vote was announced as above recorded.
Stated for:
Ms. BORDALLO. Mr. Chair, I was absent from the Chamber today, Friday,
May 28, 2010, due to the travel schedule for my return to my district
on account of official business. Had I been present for the one
rollcall vote taken today in the Committee of the Whole House on the
State of the Union on the amendments that were offered to H.R. 5136--
National Defense Authorization Act for Fiscal Year 2011, I would have
voted as follows: ``aye'' on the En Bloc Amendments, as modified, No. 9
offered by Chairman Skelton of Missouri (rollcall vote 333).
Mr. COHEN. Mr. Chair, I was detained from voting and missed one vote
on Friday, May 28, 2010. If present, I would have voted ``yea'' on the
following rollcall vote: Rollcall 333.
The Acting CHAIR. The question is on the committee amendment in the
nature of a substitute, as amended.
The amendment was agreed to.
The Acting CHAIR. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Jackson of Illinois) having assumed the chair, Mr. Serrano, 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. 5136) to authorize appropriations for fiscal year 2011 for
military activities of the Department of Defense, to prescribe military
personnel strengths for such fiscal year, and for other purposes,
pursuant to House Resolution 1404, reported the bill back to the House
with an amendment adopted in the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
The question is on the committee amendment in the nature of a
substitute, as amended.
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
Mrs. BACHMANN. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Mrs. BACHMANN. Yes, in its current form.
Mr. SKELTON. Mr. Speaker, I reserve a point of order against the
motion to recommit.
The SPEAKER pro tempore. The point of order is reserved.
The Clerk will report the motion to recommit.
The Clerk read as follows:
Mrs. Bachmann moves to recommit the bill back to the
Committee on Armed Services with instructions to report the
same back to the House forthwith with the following
amendment:
At the end of the bill, add the following new title:
TITLE__--PAY FREEZE
SEC._01. PAY FREEZE.
(a) In General.--Notwithstanding any other provision of
law, for purposes of computing compensation for service
performed during fiscal year 2011 and the first quarter of
fiscal year 2012, the rate of salary or basic pay for any
office or position within the civil service, as defined by
section 2101 of title 5, United States Code, shall be deemed
to be equal to the rate of salary or basic pay payable for
such office or position as of September 30, 2010.
(b) Congressional Pay Freeze.--Notwithstanding any other
provision of law, no adjustment shall be made under section
601(a) of the Legislative Reorganization Act of 1946 (2
U.S.C. 31) (related to the Compensation of Members of
Congress) during fiscal year 2011 and the first quarter of
fiscal year 2012.
(c) Rule for New Positions.--For purposes of subsection
(a), the rate of salary or basic pay payable as of September
30, 2010, for any office or position which was not in
existence on such date shall be deemed to be the rate of
salary or basic pay payable to individuals in comparable
offices or positions on such date.
(d) Rule of Construction.--Nothing in this section shall be
considered to apply with respect to any office or position
within the uniformed services, as defined by section 2101 of
title 5, United States Code.
Mrs. BACHMANN (during the reading). Mr. Speaker, I ask unanimous
consent to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Minnesota?
Mr. SKELTON. I object.
The SPEAKER pro tempore. Objection is heard.
The reading will continue.
The Clerk continued to read.
Mr. SKELTON (during the reading). Mr. Speaker, I ask unanimous
consent to dispense with the continuing of the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
[[Page H4196]]
There was no objection.
Point of Order
Mr. SKELTON. Mr. Speaker, I make a point of order against this motion
as it is not germane, and I insist on that point of order.
Mrs. BACHMANN. Mr. Speaker, I ask to be heard on the point of order.
The SPEAKER pro tempore. The gentlewoman from Minnesota is
recognized.
Mrs. BACHMANN. Mr. Speaker, the motion to recommit proposes to add a
new amendment to the bill freezing the rate of pay for ourselves,
Members of Congress, and for the non-uniformed Federal employees. The
amendment relies on the definition of civil service provided in title V
of the United States Code which covers positions in the executive, the
judicial, and the legislative branches.
The bill before us contains numerous and repeated references to title
V of the United States Code, yet the gentleman makes the point of order
that this amendment is not germane to the bill.
Mr. Speaker, the bill before us includes provisions, such as the
recently adopted Sarbanes amendment, that affect the policies of all
executive branch agencies, not just the Department of Defense. And on
that basis, I believe that the Chair will find the provisions of the
amendment limiting pay for civilian executive branch employees germane.
I also believe that the bill is broad enough to cover judicial
employees as well.
So, Mr. Speaker, that then leaves the question of ourselves, our pay,
and that of non-uniformed Federal employees, legislative branch
employees. So, therefore, Mr. Speaker, I believe it would be improper
for the Chair to use a point of order for the purpose of protecting the
employees of the legislative branch and for the purpose of protecting
and shielding us Members of Congress from the pay freeze herein being
proposed. And it would otherwise be in order for employees of the
executive branch.
And so, Mr. Speaker, I ask the question: Do we really want to go on
record saying that the rules of this House should not be used to shield
our own Members of Congress' salaries and also those of the legislative
salaries of the non-uniformed branch from being fiscally irresponsible?
So, Mr. Speaker, I urge you not to sustain the point of order because
when the average wage and benefit package of government workers is
double that of private employees, then we should not use--
Mr. SKELTON. Mr. Speaker, I insist on my point of order.
Mrs. BACHMANN. I am speaking on the point of order, Mr. Speaker.
The SPEAKER pro tempore. The gentlewoman is reminded to confine her
remarks to the point of order.
Mrs. BACHMANN. Yes, Mr. Speaker.
We should not use the arcane rules to somehow exempt ourselves as a
Member of Congress from our own pay increases and that of the non-
uniformed Federal offices under the responsibility of tightening our
belt.
Mr. SKELTON. Mr. Speaker, I insist on my point of order. It is not
germane.
The SPEAKER pro tempore. The Chair will rule.
The gentleman from Missouri makes the point of order that the
instructions proposed in the motion to recommit offered by the
gentlewoman from Minnesota are not germane. The bill broaches a range
of subject matters related to both national defense and to general
operations of the Federal Government. This range of subject matters
implicates the jurisdiction of several committees.
The instructions proposed in the motion to recommit seek to prohibit
certain future increases in pay for Members of Congress and employees
across the Federal Government. This prohibition, by addressing the
legislative branch, involves the jurisdiction of the Committee on House
Administration.
One of the fundamental principles of germaneness is that an amendment
must confine itself to matters within the jurisdiction of the
committees with jurisdiction over the pending text. To the Chair's
knowledge, the underlying bill is devoid of subject matter within the
jurisdiction of the Committee on House Administration. Thus, the motion
offered by the gentlewoman from Minnesota is not germane. The point of
order is sustained. The motion is not in order.
Mrs. BACHMANN. Mr. Speaker, I appeal the ruling of the Chair.
The SPEAKER pro tempore. The question is, Shall the decision of the
Chair stand as the judgment of the House?
Motion to Table
Mr. SKELTON. Mr. Speaker, I move to table the appeal of the ruling of
the Chair.
The SPEAKER pro tempore. The question is on the motion to lay the
appeal on the table.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mrs. BACHMANN. 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 tabling the appeal will be followed by 5-
minute votes on passage of H.R. 5136 and adoption of H. Res. 407,
unless sooner followed by further proceedings in recommittal.
The vote was taken by electronic device, and there were--ayes 227,
noes 183, not voting 21, as follows:
[Roll No. 334]
AYES--227
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
Davis (TN)
DeLauro
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Grijalva
Hall (NY)
Hare
Harman
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kissell
Klein (FL)
Kratovil
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McMahon
McNerney
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
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)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shadegg
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Sutton
Tanner
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wilson (OH)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
NOES--183
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Bright
Broun (GA)
Brown (SC)
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carter
Cassidy
Castle
Chaffetz
Childers
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Dahlkemper
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Djou
Dreier
Duncan
Ehlers
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Goodlatte
Granger
Griffith
Guthrie
[[Page H4197]]
Hall (TX)
Halvorson
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hodes
Hoekstra
Holden
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kline (MN)
Kosmas
Lamborn
Lance
Latham
LaTourette
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McMorris Rodgers
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Mitchell
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Nye
Olson
Paul
Paulsen
Pence
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Radanovich
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Royce
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Stearns
Sullivan
Taylor
Teague
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Titus
Turner
Upton
Walden
Wamp
Westmoreland
Whitfield
Wilson (SC)
Wittman
Young (FL)
NOT VOTING--21
Bishop (UT)
Boren
Brown-Waite, Ginny
Chu
Davis (AL)
Davis (KY)
DeFazio
DeGette
Delahunt
Engel
Graves
Gutierrez
Hastings (FL)
Jones
Latta
Melancon
Mica
Rogers (MI)
Ryan (WI)
Shuler
Stupak
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Two minutes remain in this
vote.
{time} 1545
Mr. FLAKE changed his vote from ``aye'' to ``no.''
Messrs. OBERSTAR and DOGGETT changed their vote from ``no'' to
``aye.''
So the motion to table was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated Against:
Mr. MICA. Mr. Speaker, on rollcall No. 334, Motion to Table, I was
unavoidably detained. Had I been present, I would have voted ``no.''
Motion to Recommit
Mr. FORBES. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. FORBES. I am, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Forbes moves to recommit the bill H.R. 5136 to the
Committee on Armed Services with instructions to report the
same back to the House forthwith, with the following
amendment:
Strike section 1032 and insert the following:
SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER
OR RELEASE OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
None of the funds authorized to be appropriated by this Act
may be used to transfer, release, or assist in the transfer
or release to or within the United States, its territories,
or possessions of Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
In section 1037(a)(1)(C), strike ``within the exclusive
investigative jurisdiction of the Inspector General of the
Department of Defense'' and insert ``of the United States''.
In section 1037, strike subsection (b).
In section 1037(f), strike paragraph (2).
The SPEAKER pro tempore. The gentleman from Virginia is recognized
for 5 minutes.
Mr. FORBES. Mr. Speaker, sometimes things are not as complex as we
try to make them here in Washington. In fact, sometimes our best
decisions come down to simple truths. One of those truths is that
Americans are safer when our government fights to keep terrorists off
U.S. soil rather than when it fights to bring them here.
Mr. Speaker, in January 2009, 17 months ago, the worst terrorists who
had ever attacked the United States were on the verge of conviction in
Guantanamo. The most experienced and best prosecutor the U.S. had
against terrorists and a full prosecution team had been prosecuting
these terrorists for almost 2 years. They had handled over 56 motions,
countless hearings, and, according to them, would have had guilty pleas
out of all five of the 9/11 defendants within 6 months; in other words,
June a year ago.
But this administration issued an order 17 months ago that destroyed
all the work that prosecutor had done, all the work his entire team had
done, every motion they had won, done away with every hearing, for
nothing, and forced us as a nation to begin this prosecution anew
sometime, somewhere.
Today, 17 months later, there is not a single individual in this
Chamber that has a clue as to when, where, how, or even if these
terrorists will be prosecuted. All we know is that we are now 3\1/2\
more years down the road and the clock is still ticking while the
Attorney General continues to debate whether we should prosecute them
here or we should prosecute them there.
Now, while the victims of 9/11 have been waiting, the ACLU has not.
They have moved forward with the John Adams Project to robustly defend
these terrorists who, by the way, have admitted their guilt. And while
the victims of 9/11 have been waiting, there are allegations that the
identities of key military and intelligence personnel have been passed
to the 9/11 defendants more than a year ago, and allegations that such
passage could have come from the attorneys involved in the case. There
are further allegations that the passage of this information could have
been a criminal act and could have jeopardized the safety of some of
the individuals involved.
Finally, Mr. Speaker, there have been concerns that the Secretary of
Defense and the Attorney General have failed to timely and adequately
investigate these matters.
So what is the difference between our motion to recommit and this
bill? First, we say, enough is enough; try the terrorists in
Guantanamo. And we therefore prohibit the transfer of the detainees to
the United States. Simple, straightforward, no more wobbling.
The majority's position in the bill, Mr. Speaker, is that the
President can continue to take all the time he wants to determine if,
when, where, and how he will prosecute the terrorists and where he will
house them until he does, and all he has to do is file a plan when and
if he ultimately decides to do so.
Now, my good friend, the chairman of the committee, loves to tell us,
just read the bill. Well, if you just read the bill, you will find that
the bill prohibits the Department of Defense from spending any money to
reinforce security or other facilities, but it does not stop them from
coming. It just stops us from preparing for them to come.
Secondly, Mr. Speaker, this motion to recommit says that the
inspector general shall investigate as to whether or not there has been
a crime from any of these allegations of distributing this information
about military personnel and intelligence personnel. The current bill
only allows him to investigate matters within the Department of
Defense.
This bill makes sure that if any crime has been committed, he can
investigate it, but the bill gives two get-out-of-jail-free cards. If
the Secretary of Defense or the Attorney General decides that this
would impair or interfere with an investigation, they can stop it--the
same Secretary of Defense who has punted the investigation for a year,
the same Attorney General who has not prosecuted these terrorists.
Mr. Speaker, I would just say if the Attorney General won't prosecute
the terrorists, he is not going to investigate the attorneys that are
representing them.
Mr. Speaker, let me say this in conclusion. The bottom line is, we
can't stop every terrorist from coming to the United States, but we can
stop the ones that are coming from Guantanamo. This motion to recommit
does that. We can't protect all of our military and intelligence
personnel from terrorists, but we can help the ones involved in this
case. And that is what this motion to recommit does.
With that, Mr. Speaker, I yield back my time.
Mr. SKELTON. Mr. Speaker, I seek time in opposition to the motion to
recommit, although I am not opposed to it.
The SPEAKER pro tempore. Without objection, the gentleman from
Missouri is recognized for 5 minutes.
There was no objection.
Mr. SKELTON. Mr. Speaker, we have dealt with these issues strongly in
the
[[Page H4198]]
committee. This adds to those particular issues, and we are in a
position to accept this motion. I just wish to point out that there is
no difference between the Democrats and Republicans when it comes to
fighting terrorism.
I agree with the motion.
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 ayes appeared to have it.
Recorded Vote
Mr. FORBES. 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. 5136, if ordered, and suspending the
rules and agreeing to House Resolution 407, if ordered.
The vote was taken by electronic device, and there were--ayes 282,
noes 131, not voting 18, as follows:
[Roll No. 335]
AYES--282
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Berkley
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boswell
Boucher
Boustany
Boyd
Brady (TX)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Coble
Coffman (CO)
Cole
Conaway
Connolly (VA)
Cooper
Costa
Costello
Courtney
Crenshaw
Critz
Cuellar
Culberson
Dahlkemper
Davis (TN)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Djou
Donnelly (IN)
Dreier
Driehaus
Duncan
Edwards (TX)
Ehlers
Ellsworth
Emerson
Engel
Etheridge
Fallin
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garamendi
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Grayson
Green, Gene
Griffith
Guthrie
Hall (NY)
Hall (TX)
Halvorson
Harper
Hastings (WA)
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinojosa
Hodes
Hoekstra
Holden
Hunter
Inglis
Israel
Issa
Jackson (IL)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, Sam
Jordan (OH)
Kanjorski
Kind
King (IA)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Lamborn
Lance
Langevin
Latham
LaTourette
Lee (NY)
Lewis (CA)
Lipinski
LoBiondo
Lowey
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Marshall
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Mica
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Minnick
Mitchell
Moore (KS)
Moran (KS)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Myrick
Neugebauer
Nunes
Nye
Olson
Ortiz
Owens
Paulsen
Pence
Perriello
Peters
Peterson
Petri
Pitts
Platts
Poe (TX)
Pomeroy
Posey
Price (GA)
Putnam
Radanovich
Rahall
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Royce
Ruppersberger
Ryan (OH)
Salazar
Scalise
Schauer
Schmidt
Schock
Schrader
Schwartz
Sensenbrenner
Sessions
Shadegg
Shea-Porter
Shimkus
Shuster
Simpson
Sires
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Space
Spratt
Stearns
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Titus
Tonko
Turner
Upton
Visclosky
Walden
Walz
Wamp
Westmoreland
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)
NOES--131
Baird
Baldwin
Becerra
Berry
Blumenauer
Brady (PA)
Braley (IA)
Butterfield
Capps
Capuano
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Crowley
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Doyle
Edwards (MD)
Ellison
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Green, Al
Grijalva
Gutierrez
Hare
Harman
Heinrich
Himes
Hinchey
Hirono
Holt
Honda
Hoyer
Inslee
Jackson Lee (TX)
Johnson, E. B.
Kagen
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kucinich
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Loebsack
Lofgren, Zoe
Lujan
Markey (MA)
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
Meeks (NY)
Michaud
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Murphy (CT)
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor (AZ)
Paul
Payne
Perlmutter
Pingree (ME)
Polis (CO)
Price (NC)
Quigley
Rangel
Rothman (NJ)
Roybal-Allard
Rush
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Sestak
Sherman
Smith (WA)
Snyder
Speier
Stark
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Van Hollen
Velazquez
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Woolsey
Wu
Yarmuth
NOT VOTING--18
Ackerman
Berman
Boren
Brown-Waite, Ginny
Davis (AL)
Davis (KY)
Delahunt
Graves
Hastings (FL)
Jones
King (NY)
Latta
Linder
Melancon
Ryan (WI)
Shuler
Slaughter
Stupak
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Two minutes remain in this
vote.
{time} 1609
Messrs. PAYNE, AL GREEN of Texas, HOLT, PERLMUTTER, GEORGE MILLER of
California, MICHAUD, and ROTHMAN of New Jersey changed their vote from
``aye'' to ``no.''
So the motion to recommit was agreed to.
The result of the vote was announced as above recorded.
Mr. SKELTON. Mr. Speaker, pursuant to the instructions of the House
in the motion to recommit, I report the bill, H.R. 5136, back to the
House with an amendment.
The SPEAKER pro tempore. The Clerk will report the amendment.
The Clerk read as follows:
Amendment offered by Mr. Skelton:
Strike section 1032 and insert the following:
SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER
OR RELEASE OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
None of the funds authorized to be appropriated by this Act
may be used to transfer, release, or assist in the transfer
or release to or within the United States, its territories,
or possessions of Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
In section 1037(a)(1)(C), strike ``within the exclusive
investigative jurisdiction of the Inspector General of the
Department of Defense'' and insert ``of the United States''.
In section 1037, strike subsection (b).
In section 1037(f), strike paragraph (2).
Mr. SKELTON (during the reading). Mr. Speaker, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
The SPEAKER pro tempore. 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.
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. SKELTON. 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 229,
noes 186, not voting 17, as follows:
[[Page H4199]]
[Roll No. 336]
AYES--229
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Bono Mack
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Cao
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castle
Castor (FL)
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Dahlkemper
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Dent
Deutch
Dicks
Dingell
Djou
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (MD)
Edwards (TX)
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
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Langevin
Larsen (WA)
Larson (CT)
Lewis (GA)
Lipinski
Loebsack
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Matheson
Matsui
McCarthy (NY)
McCollum
McGovern
McMahon
McNerney
Meek (FL)
Meeks (NY)
Miller (NC)
Minnick
Mitchell
Mollohan
Moore (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Pelosi
Perlmutter
Perriello
Peters
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reichert
Reyes
Richardson
Rodriguez
Ros-Lehtinen
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
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Speier
Spratt
Sutton
Tanner
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Weiner
Wilson (OH)
Wu
Yarmuth
NOES--186
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Bartlett
Barton (TX)
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boozman
Boustany
Brady (TX)
Bright
Broun (GA)
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chaffetz
Childers
Chu
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (TN)
Diaz-Balart, L.
Diaz-Balart, M.
Dreier
Duncan
Ehlers
Ellison
Emerson
Fallin
Filner
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey (GA)
Gohmert
Goodlatte
Granger
Griffith
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hirono
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jordan (OH)
King (IA)
Kingston
Kline (MN)
Kucinich
Lamborn
Lance
Latham
LaTourette
Lee (CA)
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lofgren, Zoe
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul
McClintock
McCotter
McDermott
McHenry
McIntyre
McKeon
McMorris Rodgers
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Miller, George
Moore (WI)
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Obey
Olson
Olver
Paul
Paulsen
Payne
Pence
Peterson
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Radanovich
Rehberg
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Roskam
Royce
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Stark
Stearns
Sullivan
Taylor
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Wamp
Watt
Waxman
Welch
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Woolsey
Young (AK)
Young (FL)
NOT VOTING--17
Boren
Brown (SC)
Brown-Waite, Ginny
Conyers
Davis (AL)
Davis (KY)
Delahunt
Graves
Hastings (FL)
Jones
King (NY)
Latta
Levin
Melancon
Ryan (WI)
Shuler
Stupak
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1619
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. LEVIN. Mr. Speaker, earlier today, I was unavoidably absent
during rollcall vote 336, passage of H.R. 5136, the National Defense
Authorization Act. Had I been present, I would have voted ``yea.''
____________________