[Congressional Record Volume 160, Number 68 (Wednesday, May 7, 2014)]
[House]
[Pages H3919-H3922]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   RECOMMENDING THAT LOIS G. LERNER BE FOUND IN CONTEMPT OF CONGRESS

  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of House Resolution 574 will now resume.
  The Clerk read the title of the resolution.


                            Motion to Refer

  Mr. CUMMINGS. Mr. Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. The Clerk will report the motion to refer.
  The Clerk read as follows:

       Mr. Cummings moves to refer the resolution H. Res. 574 to 
     the Committee on Oversight and Government Reform with 
     instructions that the Committee carry out the following:
       (1) Conduct a bipartisan public hearing with testimony from 
     legal and constitutional experts on whether Lois Lerner 
     waived her Fifth Amendment rights when she professed her 
     innocence during a hearing before the Committee on May 22, 
     2013, and whether Chairman Darrell E. Issa complied with the 
     procedures required by the Constitution to hold Ms. Lerner in 
     contempt.
       (2) As part of that public hearing and in relationship to 
     Ms. Lerner's profession of innocence in her testimony before 
     the Committee, consider and release publicly the full 
     transcripts of the following 39 interviews conducted by 
     Committee staff of employees of the Internal Revenue Service 
     and the Department of the Treasury, who discussed the actions 
     that occurred within the Exempt Organizations Division that 
     Ms. Lerner supervised and who identified no White House 
     involvement or political motivation in the screening of tax 
     exempt applicants, with appropriate redactions as determined 
     by Chairman Darrell E. Issa in consultation with Ranking 
     Minority Member Elijah E. Cummings:
       (A) Screening Agent, Exempt Organizations, Determinations 
     Unit, Internal Revenue Service (May 30, 2013).
       (B) Screening Group Manager, Exempt Organizations, 
     Determinations Unit, Internal Revenue Service (June 6, 2013).
       (C) Determinations Specialist I, Exempt Organizations, 
     Determinations Unit, Internal Revenue Service (May 31, 2013).
       (D) Determinations Specialist II, Exempt Organizations, 
     Determinations Unit, Internal Revenue Service (June 13, 
     2013).
       (E) Determinations Specialist III, Exempt Organizations, 
     Determinations Unit, Internal Revenue Service (June 19, 
     2013).
       (F) Group Manager I, Exempt Organizations, Determinations 
     Unit, Internal Revenue Service (June 4, 2013).
       (G) Group Manager II, Exempt Organizations, Determinations 
     Unit, Internal Revenue Service (June 12, 2013).
       (H) Program Manager for Exempt Organizations, 
     Determinations Unit, Internal Revenue Service (June 28, 
     2013).
       (I) Tax Law Specialist I, Exempt Organizations, Technical 
     Unit, Internal Revenue Service (July 10, 2013).
       (J) Tax Law Specialist II, Exempt Organizations, Technical 
     Unit, Internal Revenue Service (June 14, 2013).
       (K) Tax Law Specialist III, Exempt Organizations, Technical 
     Unit, Internal Revenue Service (July 2, 2013).
       (L) Tax Law Specialist IV, Exempt Organizations, Technical 
     Unit, Internal Revenue Service (July 31, 2013).
       (M) Group Manager, Exempt Organizations, Technical Unit, 
     Internal Revenue Service (June 21, 2013).
       (N) Manager I, Exempt Organizations, Technical Unit, 
     Internal Revenue Service (July 16, 2013).
       (O) Manager II, Exempt Organizations, Technical Unit, 
     Internal Revenue Service (July 11, 2013).
       (P) Director of Rulings and Agreements, and Director of 
     Employee Plans Division, Tax Exempt Government Entities, 
     Internal Revenue Service (Aug. 21, 2013).
       (Q) Director of Rulings and Agreements and Technical Unit 
     Manager, Exempt Organizations, Internal Revenue Service (May 
     21, 2013).
       (R) Technical Advisor to the Division Commissioner, Tax 
     Exempt and Government Entities, Internal Revenue Service 
     (July 23, 2013).
       (S) Senior Technical Advisor to the Director of Exempt 
     Organizations I, Tax Exempt Government Entities, Internal 
     Revenue Service (Oct. 29, 2013).
       (T) Senior Technical Advisor to the Director of Exempt 
     Organizations II, Tax Exempt Government Entities, Internal 
     Revenue Service (Sept. 5, 2013).
       (U) Former Senior Technical Advisor to the Division 
     Commissioner, Tax Exempt Government Entities, Internal 
     Revenue Service (Oct. 8, 2013).
       (V) Counsel I, Office of Chief Counsel, Tax Exempt 
     Government Entities, Internal Revenue Service (Aug. 9, 2013).
       (W) Counsel II, Office of Chief Counsel, Tax Exempt 
     Government Entities, Internal Revenue Service (July 26, 
     2013).
       (X) Senior Counsel, Office of Chief Counsel, Tax Exempt 
     Government Entitles, Internal Revenue Service (July 12, 
     2013).
       (Y) Deputy Division Counsel and Deputy Associate Chief 
     Counsel, Office of Chief Counsel, Tax Exempt Government 
     Entities, Internal Revenue Service (Aug. 23, 2013).

[[Page H3920]]

       (Z) Division Counsel and Associate Chief Counsel, Office of 
     Chief Counsel Tax Exempt Government Entities, Internal 
     Revenue Service (Aug. 29, 2013).
       (AA) Chief Counsel, Internal Revenue Service (Nov. 6, 
     2013).
       (BB) Commissioner of the Tax-Exempt and Government Entities 
     Division until December 2010, Internal Revenue Service (Sept. 
     23, 2013).
       (CC) Commissioner of the Tax Exempt and Government Entities 
     Division, December 2010-2013, Internal Revenue Service (Sept. 
     25, 2013).
       (DD) Chief of Staff to the Commissioner, 2008-2012, 
     Internal Revenue Service (Nov. 21, 2013).
       (EE) Chief of Staff to the Commissioner, 2012-2013, 
     Internal Revenue Service (Oct. 22, 2013).
       (FF) Commissioner, 2008-2012, Internal Revenue Service 
     (Dec, 4, 2013).
       (GG) Deputy Commissioner of Services and Enforcement and 
     Acting Commissioner, Internal Revenue Service (Nov. 13, 
     2013).
       (HH) Attorney Advisor, Office of Tax Policy, Department of 
     the Treasury (Feb. 3, 2014).
       (II) Assistant Secretary for Tax Policy, Office of Tax 
     Policy, Department of the Treasury (Jan. 16, 2014).
       (JJ) Deputy Chief of Staff, Department of the Treasury 
     (Feb. 11, 2014).
       (KK) Chief of Staff, 2009-2013, Department of the Treasury 
     (Feb. 4, 2014).
       (LL) Chief of Staff, 2013, Department of the Treasury (Mar. 
     27, 2014).
       (MM) General Counsel, Department of the Treasury (Feb. 26, 
     2014).

  Mr. ISSA (during the reading). Mr. Speaker, I ask unanimous consent 
we dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to House Resolution 568, the 
gentleman from Maryland (Mr. Cummings) and the gentleman from 
California (Mr. Issa) each will control 5 minutes.
  The Chair recognizes the gentleman from Maryland.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in support of the motion to refer this matter back to 
committee.
  Sixty years ago, the Supreme Court of the United States announced 
that the waiver of Fifth Amendment rights is ``not lightly to be 
inferred.''
  That is exactly what happened when the Oversight Committee held a 
party line vote finding that Lois Lerner waived her Fifth Amendment 
privilege without holding even one hearing with one legal expert.
  Experts who have reviewed the record before the committee conclude 
that Ms. Lerner did not waive her Fifth Amendment rights by declaring 
her innocence.
  Now, more than 30 independent legal experts have also come forward to 
conclude that the chairman, Chairman Issa, botched the contempt 
procedure when he abruptly ended our committee hearing and cut off my 
microphone before any Democratic members had a chance to utter a single 
syllable.
  In other words, these experts say a judge will likely throw this case 
out of court.
  Let me be clear that I am not defending Lois Lerner's mismanagement 
at the IRS; but as a Member of Congress, I have sworn, like my 
colleagues, to protect every citizen's rights under the Constitution of 
the United States of America, and I do not take that obligation 
lightly.
  I believe that it is irresponsible to move forward today without ever 
having held a single hearing to hear from a single legal expert on this 
constitutional question.
  I asked for this hearing more than 9 months ago, but my request was 
rejected, so this motion would require the Oversight Committee to do 
what it should have done a long time ago.
  This motion also would direct the committee to release publicly the 
full transcripts from all the interviews of the IRS and Treasury 
employees that our committee staff conducted during the investigation.
  These 39 transcripts show that there is no evidence of any White 
House involvement or any political motivation in the IRS' review of 
these tax-exempt applicants.
  I remind the Speaker that these 39 witnesses are witnesses that were 
called by the majority. They are the ones who sat down with a 
bipartisan group of employees from the majority and the minority and 
went through the questioning.
  Instead, these interviews show exactly how the employees in 
Cincinnati first developed the inappropriate criteria. They tell the 
story. They tell the story. They show how Lois Lerner failed to 
discover these criteria for more than a year and that, when she learned 
of them, she immediately ordered them to stop being used.
  In June of last year, Chairman Issa promised on national television 
that, at some point, he would release all of the transcripts. That 
needs to be done sooner, rather than later; but the chairman has 
repeatedly blocked my efforts to do so, even with his own redactions.
  You may hear him say that he does not want to release transcripts now 
because they would provide a roadmap to our questions to future 
witnesses. I can understand that. I have made the same arguments myself 
on many occasions.
  With all due respect, he crossed that bridge a long, long, long time 
ago. He has released selected excerpts from these transcripts on more 
than a dozen occasions, and he has allowed reporters to come into his 
committee offices to review some transcripts in their entirety.
  It is time to put out the whole story, so the American people can 
read the facts for themselves, instead of just cherry-picking pieces 
leaked to further a political narrative.
  I urge my colleagues to vote in favor of the motion.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ISSA. Mr. Speaker, I rise in opposition to the motion and seek 
recognition in opposition.
  The SPEAKER pro tempore. The gentleman from California is recognized 
for 5 minutes.
  Mr. ISSA. Mr. Speaker, I yield 1 minute to the gentleman from Ohio 
(Mr. Jordan).
  Mr. JORDAN. Mr. Speaker, I thank the gentleman for yielding.
  Let me just, in response to the ranking member, it is not 39 
interviews; it is 40. We just did another one yesterday, and that is 
going to lead to another one because we learned information in that 
interview yesterday.
  The minority staff has released parts of every single one of those 
depositions. We will release them all when we hear from Lois Lerner. We 
want to get to the truth. That is what this resolution is all about.
  Here is what we did learn yesterday. In the 40th, Richard Pilger, 
from the Department of Justice said this:
  In the fall of 2010, at the direction of the chief of the Public 
Integrity Section, Jack Smith, I contacted Lois Lerner at the IRS.
  So we know now Justice and the IRS were working together back in 
2010, all the more reason why we need to hear from Lois Lerner; and the 
only way to make that happen, the only way to get to the truth is 
through the House of Representatives using every tool we have to compel 
Ms. Lerner to come talk to us because we know the fix is in with the 
Justice Department's investigation.
  The fix is in. We all know that. The only route to the truth on 
something as fundamental as your free speech rights--First Amendment 
rights to exercise speech in a political fashion--is through the House 
of Representatives.
  Mr. CUMMINGS. Mr. Speaker, I reserve the balance of my time.
  Mr. ISSA. Mr. Speaker, can I inquire as to whether the minority is 
prepared to close?
  Mr. CUMMINGS. Yes, we are.
  Mr. Speaker, about how much time do I have?
  The SPEAKER pro tempore. The gentleman from Maryland has 25 seconds 
remaining. The gentleman from California has 4 minutes remaining.
  Mr. ISSA. I am prepared to close.
  Mr. CUMMINGS. I am prepared to close.
  Again, Mr. Speaker, there is nothing to hide. We need to release the 
transcripts, and just as significantly, we need to hear from the 
experts.
  This is a very, very serious issue, and I think that Members of 
Congress deserve to have the expertise presented before them, so that 
they can make a judgment. A lot of our Members are laypersons, and I 
think that it is only appropriate, under these circumstances, that they 
be given this opportunity.
  I would ask the Members to vote in favor of my motion.
  Mr. Speaker, I yield back the balance of my time.
  Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.

[[Page H3921]]

  I will close in the calmest possible way that I can. For more than 
3\1/2\ years, I have tried to get cooperation from the minority. For 
more than 3 years, I have tried to get the cooperation of the minority, 
and I haven't gotten it.
  I get it on things which don't lead to the President or to a Cabinet 
officer or to an administrative branch. This leads to an administrative 
branch under the Secretary of the Treasury.
  When the minority says that if you would just refer this back and we 
just have an opinion, quite frankly, they produced these opinions. They 
sought out 30 people to rubberstamp the same basic opinion again and 
again, many of whom provided nothing other than we agree. I didn't say 
anything about that during debate. That is their right.
  The ranking member says if we will just release those 39 documents--
if he wants to destroy this investigation, he can release them. If he 
wants to show a roadmap, he can release them. These are not documents 
that are exclusive. They are documents that either one of us could 
choose to release.
  Good practice is, as we continue investigating--and the questions and 
the answers from witnesses not be in their entirety released to create 
a roadmap, that is practice of good counsel, and the ranking member 
himself said he would have done the same thing in some cases.
  We only learned, a matter of days ago, that people working in the 
office of the President had withheld, until a court ordered them to 
release the documents, showing that they invented, out of thin air, a 
false narrative as to what happened at Benghazi and why, asserting a 
video that, in fact, was not supported by the facts; and for a long 
time, since September 11, 2012, we had been misled.
  In an ongoing investigation, one in which they would have you believe 
that Lois Lerner would have testified if she just had a week more, they 
have had months to see if they could get Lois Lerner back to testify. 
Of course, they can't. She never intended to testify.
  This has all been a game of catch me if you can; I say I will, I say 
I won't.
  Our evidence, as the ranking member said, does not lead to the Oval 
Office. At this point, it leads to Lois Lerner. At this point, Lois 
Lerner attempted to assert the President's position as to Citizens 
United, using her power to stop these 501(c)(4)'s from their free 
speech.

                              {time}  1830

  At this point, the indication is that Lois Lerner says one thing to 
the Justice Department and a different thing to Congress.
  So as we consider the simple issue of did she waive her rights or not 
and get it, as the gentleman from Vermont suggested, before a judge, 
that is all that is before us today. And the idea that we would 
release, in their entirety, those thousands of pages in order to give a 
road map to those yet to be deposed is wrong and inappropriate, and the 
gentleman knows it or he would have released them himself, which he has 
every right to do. But it would be irresponsible.
  So I ask people to vote for contempt because it takes to an impartial 
Federal judge that question, a question already decided by our 
committee that had a vote, a question that will be voted the same way 
by the ranking member no matter how many experts are listened to. Go 
ahead and have the vote. Send it to a judge. Let a judge decide.
  In the meantime, let's continue with the investigations as to the 
IRS' targeting of conservative groups, something that has been 
documented to have been inappropriate if you were conservative and not 
so much if you were moderate or liberal.
  We have an individual who is at the center of it all. I have never 
alleged that it goes to the President. I have said that the Tea Party 
would clearly and fairly be described as enemies of or adverse to the 
President's policies, and I think that is pretty comfortable to 
understand. And they were targeted by somebody who politics with the 
President and who, quite frankly, was trying to overturn the Supreme 
Court decision in Citizens United in support of the President's 
position using her power.
  And with that, I urge support and yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate on the motion to refer 
has expired.
  Pursuant to House Resolution 568, the previous question is ordered on 
the motion to refer.
  The question is on the motion to refer.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. CUMMINGS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to refer will be followed by 5-
minute votes on the motion to recommit, if offered, adoption of House 
Resolution 574, and adoption of House Resolution 565.
  The vote was taken by electronic device, and there were--yeas 191, 
nays 224, not voting 16, as follows:

                             [Roll No. 202]

                               YEAS--191

     Barber
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Caardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Ellison
     Engel
     Enyart
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutieerrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Holt
     Honda
     Horsford
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujaan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Ryan (OH)
     Saanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velaazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                               NAYS--224

     Aderholt
     Amash
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barrow (GA)
     Barton
     Benishek
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Byrne
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Herrera Beutler
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McAllister
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica

[[Page H3922]]


     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                             NOT VOTING--16

     Bentivolio
     Boustany
     Clark (MA)
     Coble
     Crawford
     Duffy
     Eshoo
     Griffin (AR)
     Hinojosa
     Hurt
     Johnson (GA)
     Kingston
     Nunnelee
     Pelosi
     Rush
     Schwartz

                              {time}  1855

  Messrs. YOUNG of Indiana, SESSIONS, TERRY, McKINLEY, CANTOR, and 
KELLY of Pennsylvania changed their vote from ``yea'' to ``nay.''
  Ms. LORETTA SANCHEZ of California, Ms. BROWN of Florida, Messrs. 
THOMPSON of Mississippi, GRIJALVA, FARR, and BARBER changed their vote 
from ``nay'' to ``yea.''
  So the motion to refer was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. HURT. Mr. Speaker, I was not present for rollcall vote No. 202, 
on referring the resolution on H. Res. 574 to Government Operations. 
Had I been present, I would have voted ``nay.''
  Mr. BENTIVOLIO. Mr. Speaker, on rollcall No. 202 I was unavoidably 
detained. Had I been present, I would have voted ``no.''
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. CUMMINGS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 231, 
nays 187, not voting 13, as follows:

                             [Roll No. 203]

                               YEAS--231

     Aderholt
     Amash
     Amodei
     Bachmann
     Bachus
     Barber
     Barletta
     Barr
     Barrow (GA)
     Barton
     Benishek
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Byrne
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Herrera Beutler
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McAllister
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (FL)
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Peterson
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Rahall
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                               NAYS--187

     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Caardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutieerrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Holt
     Horsford
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujaan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters (CA)
     Peters (MI)
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rangel
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Ryan (OH)
     Saanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velaazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--13

     Bentivolio
     Clark (MA)
     Coble
     Crawford
     Duffy
     Griffin (AR)
     Hinojosa
     Honda
     Kingston
     Nunnelee
     Pelosi
     Rush
     Schwartz

                              {time}  1902

  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. BENTIVOLIO. Mr. Speaker, on rollcall No. 203, I was unavoidably 
detained. Had I been present, I would have voted ``yes.''

                          ____________________