[Congressional Record (Bound Edition), Volume 153 (2007), Part 21]
[House]
[Pages 29817-29822]
[From the U.S. Government Publishing Office, www.gpo.gov]




                QUESTION OF THE PRIVILEGES OF THE HOUSE

  Mr. KUCINICH. Mr. Speaker, I call up the question of the privileged 
resolution noticed earlier today.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 799

       Resolved, That Richard B. Cheney, Vice President of the 
     United States, is impeached for high crimes and misdemeanors, 
     and that the following articles of impeachment be exhibited 
     to the United States Senate:
       Articles of impeachment exhibited by the House of 
     Representatives of the United States of America in the name 
     of itself and of the people of the United States of America, 
     against Richard B. Cheney, Vice President of the United 
     States of America, in maintenance and support of its 
     impeachment against him for high crimes and misdemeanors.


                               Article I

       In his conduct while Vice President of the United States, 
     Richard B. Cheney, in violation of his constitutional oath to 
     faithfully execute the office of Vice President of the United 
     States and, to the best of his ability, preserve, protect, 
     and defend the Constitution of the United States, and in 
     violation of his constitutional duty to take care that the 
     laws be faithfully executed, has purposely manipulated the 
     intelligence process to deceive the citizens and Congress of 
     the United States by fabricating a threat of Iraqi weapons of 
     mass destruction to justify the use of the United States 
     Armed Forces against the nation of Iraq in a manner damaging 
     to our national security interests, to wit:
       (1) Despite all evidence to the contrary, the Vice 
     President actively and systematically sought to deceive the 
     citizens and Congress of the United States about an alleged 
     threat of Iraqi weapons of mass destruction:
       (A) `We know they have biological and chemical weapons.' 
     March 17, 2002, Press Conference by Vice President Dick 
     Cheney and His Highness Salman bin Hamad Al Khalifa, Crown 
     Prince of Bahrain at Shaikh Hamad Palace.
       (B) `. . . and we know they are pursuing nuclear weapons.' 
     March 19, 2002, Press Briefing by Vice President Dick Cheney 
     and Israeli Prime Minister Ariel Sharon in Jerusalem.
       (C) `And he is actively pursuing nuclear weapons at this 
     time . . .' March 24, 2002, CNN Late Edition interview with 
     Vice President Cheney.
       (D) `We know he's got chemicals and biological and we know 
     he's working on nuclear.' May 19, 2002, NBC Meet the Press 
     interview with Vice President Cheney.
       (E) `But we now know that Saddam has resumed his efforts to 
     acquire nuclear weapons . . . Simply stated, there is no 
     doubt that Saddam Hussein now has weapons of mass 
     destruction. There is no doubt that he is amassing them to 
     use against our friends, against our allies, and against us.' 
     August 26, 2002, Speech of Vice President Cheney at VFW 103rd 
     National Convention.
       (F) `Based on intelligence that's becoming available, some 
     of it has been made public, more of it hopefully will be, 
     that he has indeed stepped up his capacity to produce and 
     deliver biological weapons, that he has reconstituted his 
     nuclear program to develop a nuclear weapon, that there are 
     efforts under way inside Iraq to significantly expand his 
     capability.' September 8, 2002, NBC Meet the Press interview 
     with Vice President Cheney.
       (G) `He is, in fact, actively and aggressively seeking to 
     acquire nuclear weapons.' September 8, 2002, NBC Meet the 
     Press interview with Vice President Cheney.
       (H) `And we believe he has, in fact, reconstituted nuclear 
     weapons.' March 16, 2003, NBC Meet the Press interview with 
     Vice President Cheney.
       (2) Preceding the March 2003 invasion of Iraq the Vice 
     President was fully informed that no legitimate evidence 
     existed of weapons of mass destruction in Iraq. The Vice 
     President pressured the intelligence community to change 
     their findings to enable the deception of the citizens and 
     Congress of the United States.
       (A) Vice President Cheney and his Chief of Staff, Lewis 
     Libby, made multiple trips to the CIA in 2002 to question 
     analysts studying Iraq's weapons programs and alleged links 
     to al Qaeda, creating an environment in which analysts felt 
     they were being pressured to make their assessments fit with 
     the Bush administration's policy objectives accounts.
       (B) Vice President Cheney sought out unverified and 
     ultimately inaccurate raw intelligence to prove his 
     preconceived beliefs. This strategy of cherry picking was 
     employed to influence the interpretation of the intelligence.
       (3) The Vice President's actions corrupted or attempted to 
     corrupt the 2002 National Intelligence Estimate, an 
     intelligence document issued on October 1, 2002, and 
     carefully considered by Congress prior to the October 10, 
     2002, vote to authorize the use of force. The Vice 
     President's actions prevented the necessary reconciliation of 
     facts for the National Intelligence Estimate which resulted 
     in a high number of dissenting opinions from technical 
     experts in two Federal agencies.
       (A) The State Department's Bureau of Intelligence and 
     Research dissenting view in the October 2002 National 
     Intelligence Estimate stated `Lacking persuasive evidence 
     that Baghdad has launched a coherent effort to reconstitute 
     it's nuclear weapons program INR is unwilling to speculate 
     that such an effort began soon after the departure of UN 
     inspectors or to project a timeline for the completion of 
     activities it does not now see happening. As a result INR is 
     unable to predict that Iraq could acquire a nuclear device or 
     weapon.'.
       (B) The State Department's Bureau of Intelligence and 
     Research dissenting view in the October 2002 National 
     Intelligence Estimate also stated that `Finally, the claims 
     of Iraqi pursuit of natural uranium in Africa are, in INR's 
     assessment, highly dubious.'.
       (C) The State Department's Bureau of Intelligence and 
     Research dissenting view in the October 2002 National 
     Intelligence Estimate references a Department of Energy 
     opinion by stating that `INR accepts the judgment of 
     technical experts at the US Department of Energy (DOE) who 
     have concluded that the tubes Iraq seeks to acquire are 
     poorly suited for use in gas centrifuges to be used for 
     uranium enrichment and finds unpersuasive the arguments 
     advanced by others to make the case that they are intended 
     for that purpose.'.
       The Vice President subverted the national security 
     interests of the United States by setting the stage for the 
     loss of more than 3800 United States servicemembers; the loss 
     of more than 1 million innocent Iraqi citizens since the 
     United States invasion; the loss of approximately $500 
     billion in war costs which has increased our Federal debt; 
     the loss of military readiness within the United States Armed 
     Services due to overextension, lack of training and lack of 
     equipment; the loss of United States credibility in world 
     affairs; and the decades of likely blowback created by the 
     invasion of Iraq.
       In all of this, Vice President Richard B. Cheney has acted 
     in a manner contrary to his trust as Vice President, and 
     subversive of constitutional government, to the prejudice of 
     the cause of law and justice and the manifest injury of the 
     people of the United States. Wherefore, Vice President 
     Richard B. Cheney, by such conduct, is guilty of an 
     impeachable offense warranting removal from office.


                               Article II

       In his conduct while Vice President of the United States, 
     Richard B. Cheney, in violation of his constitutional oath to 
     faithfully execute the office of Vice President of the United 
     States and, to the best of his ability, preserve, protect, 
     and defend the Constitution of the United States, and in 
     violation of his constitutional duty to take care that the 
     laws be faithfully executed, purposely manipulated the 
     intelligence process to deceive the citizens and Congress of 
     the United States about an alleged relationship between Iraq 
     and al Qaeda in order to justify the use of the United States 
     Armed Forces against

[[Page 29818]]

     the nation of Iraq in a manner damaging to our national 
     security interests, to wit:
       (1) Despite all evidence to the contrary, the Vice 
     President actively and systematically sought to deceive the 
     citizens and the Congress of the United States about an 
     alleged relationship between Iraq and al Qaeda:
       (A) `His regime has had high-level contacts with Al Qaeda 
     going back a decade and has provided training to Al Qaeda 
     terrorists.' December 2, 2002, Speech of Vice President 
     Cheney at the Air National Guard Senior Leadership 
     Conference.
       (B) `His regime aids and protects terrorists, including 
     members of Al Qaeda. He could decide secretly to provide 
     weapons of mass destruction to terrorists for use against 
     us.' January 30, 2003, Speech of Vice President Cheney to 
     30th Political Action Conference in Arlington, Virginia.
       (C) `We know he's out trying once again to produce nuclear 
     weapons and we know that he has a long-standing relationship 
     with various terrorist groups, including the Al Qaeda 
     organization.' March 16, 2003, NBC Meet the Press interview 
     with Vice President Cheney.
       (D) `We learned more and more that there was a relationship 
     between Iraq and Al Qaeda that stretched back through most of 
     the decade of the '90s, that it involved training, for 
     example, on biological weapons and chemical weapons . . .' 
     September 14, 2003, NBC Meet the Press interview with Vice 
     President Cheney.
       (E) `Al Qaeda had a base of operation there up in 
     Northeastern Iraq where they ran a large poisons factory for 
     attacks against Europeans and U.S. forces.' October 3, 2003, 
     Speech of Vice President Cheney at Bush-Cheney '04 Fundraiser 
     in Iowa.
       (F) `He also had an established relationship with Al Qaeda 
     providing training to Al Qaeda members in areas of poisons, 
     gases, and conventional bombs.' October 10, 2003, Speech of 
     Vice President Cheney to the Heritage Foundation.
       (G) `Al Qaeda and the Iraqi intelligence services have 
     worked together on a number of occasions.' January 9, 2004, 
     Rocky Mountain News interview with Vice President Cheney.
       (H) `I think there's overwhelming evidence that there was a 
     connection between Al Qaeda and the Iraqi government.' 
     January 22, 2004, NPR: Morning Edition interview with Vice 
     President Cheney.
       (I) `First of all, on the question of--of whether or not 
     there was any kind of relationship, there clearly was a 
     relationship. It's been testified to; the evidence is 
     overwhelming.' June 17, 2004, CNBC: Capital Report interview 
     with Vice President Cheney.
       (2) Preceding the March 2003 invasion of Iraq the Vice 
     President was fully informed that no credible evidence 
     existed of a working relationship between Iraq and al Qaeda, 
     a fact articulated in several official documents, including:
       (A) A classified Presidential Daily Briefing ten days after 
     the September 11, 2001, attacks indicating that the United 
     States intelligence community had no evidence linking Saddam 
     Hussein to the September 11th attacks and that there was 
     `scant credible evidence that Iraq had any significant 
     collaborative ties with Al Qaeda'.
       (B) Defense Intelligence Terrorism Summary No. 044-02, 
     issued in February 2002 by the United States Defense 
     Intelligence Agency, which challenged the credibility of 
     information gleaned from captured al Qaeda leader al-Libi. 
     The DIA report also cast significant doubt on the possibility 
     of a Saddam Hussein-al-Qaeda conspiracy: `Saddam's regime is 
     intensely secular and is wary of Islamic revolutionary 
     movements. Moreover, Baghdad is unlikely to provide 
     assistance to a group it cannot control.'.
       (C) A January 2003 British intelligence classified report 
     on Iraq that concluded that `there are no current links 
     between the Iraqi regime and the al-Qaeda network'.
       The Vice President subverted the national security 
     interests of the United States by setting the stage for the 
     loss of more than 3,800 United States service members; the 
     loss of more than 1 million innocent Iraqi citizens since the 
     United States invasion; the loss of approximately $500 
     billion in war costs which has increased our Federal debt; 
     the loss of military readiness within the United States Armed 
     Services due to overextension, lack of training and lack of 
     equipment; the loss of United States credibility in world 
     affairs; and the decades of likely blowback created by the 
     invasion of Iraq.
       In all of this, Vice President Richard B. Cheney has acted 
     in a manner contrary to his trust as Vice President, and 
     subversive of constitutional government, to the prejudice of 
     the cause of law and justice and the manifest injury of the 
     people of the United States. Wherefore, Vice President 
     Richard B. Cheney, by such conduct, is guilty of an 
     impeachable offense warranting removal from office.


                              Article III

       In his conduct while Vice President of the United States, 
     Richard B. Cheney, in violation of his constitutional oath to 
     faithfully execute the office of Vice President of the United 
     States and, to the best of his ability, preserve, protect, 
     and defend the Constitution of the United States, and in 
     violation of his constitutional duty to take care that the 
     laws be faithfully executed, has openly threatened aggression 
     against the Republic of Iran absent any real threat to the 
     United States, and done so with the United States' proven 
     capability to carry out such threats, thus undermining the 
     national security of the United States, to wit:
       (1) Despite no evidence that Iran has the intention or the 
     capability of attacking the United States and despite the 
     turmoil created by United States' invasion of Iraq, the Vice 
     President has openly threatened aggression against Iran as 
     evidenced by the following:
       (A) `For our part, the United States is keeping all options 
     on the table in addressing the irresponsible conduct of the 
     regime. And we join other nations in sending that regime a 
     clear message: We will not allow Iran to have a nuclear 
     weapon.' March 7, 2006, Speech of Vice President Cheney to 
     American Israel Public Affairs Committee 2006 Policy 
     Conference.
       (B) `But we've also made it clear that all options are on 
     the table.' January 24, 2007, CNN Situation Room interview 
     with Vice President Cheney.
       (C) `When we--as the President did, for example, recently--
     deploy another aircraft carrier task force to the Gulf, that 
     sends a very strong signal to everybody in the region that 
     the United States is here to stay, that we clearly have 
     significant capabilities, and that we are working with 
     friends and allies as well as the international organizations 
     to deal with the Iranian threat.' January 29, 2007, Newsweek 
     interview with Vice President Cheney.
       (D) `But I've also made the point and the President has 
     made the point that all options are still on the table.' 
     February 24, 2007, Vice President Cheney at Press Briefing 
     with Australian Prime Minister in Sydney, Australia.
       (2) The Vice President, who repeatedly and falsely claimed 
     to have had specific, detailed knowledge of Iraq's alleged 
     weapons of mass destruction capabilities, is no doubt fully 
     aware of evidence that demonstrates Iran poses no real threat 
     to the United States as evidenced by the following:
       (A) `I know that what we see in Iran right now is not the 
     industrial capacity you can [use to develop a] bomb.' Mohamed 
     ElBaradei, Director General of International Atomic Energy 
     Agency, February 19, 2007.
       (B) Iran indicated its `full readiness and willingness to 
     negotiate on the modality for the resolution of the 
     outstanding issues with the IAEA, subject to the assurances 
     for dealing with the issues in the framework of the Agency, 
     without the interference of the United Nations Security 
     Council'. IAEA Board Report, February 22, 2007.
       (C) `. . . so whatever they have, what we have seen today, 
     is not the kind of capacity that would enable them to make 
     bombs.' Mohamed El Baradei, Director General of International 
     Atomic Energy Agency, February 19, 2007.
       (3) The Vice President is fully aware of the actions taken 
     by the United States towards Iran that are further 
     destabilizing the world as evidenced by the following:
       (A) The United States has refused to engage in meaningful 
     diplomatic relations with Iran since 2002, rebuffing both 
     bilateral and multilateral offers to dialogue.
       (B) The United States is currently engaged in a military 
     buildup in the Middle East that includes the increased 
     presence of the United States Navy in the waters near Iran, 
     significant United States Armed Forces in two nations 
     neighboring to Iran, and the installation of anti-missile 
     technology in the region.
       (C) News accounts have indicated that military planners 
     have considered the B61-11, a tactical nuclear weapon, as one 
     of the options to strike underground bunkers in Iran.
       (D) The United States has been linked to anti-Iranian 
     organizations that are attempting to destabilize the Iranian 
     government, in particular the Mujahideen-e Khalq (MEK), even 
     though the state department has branded it a terrorist 
     organization.
       (E) News accounts indicate that United States troops have 
     been ordered into Iran to collect data and establish contact 
     with anti-government groups.
       (4) In the last three years the Vice President has 
     repeatedly threatened Iran. However, the Vice President is 
     legally bound by the U.S. Constitution's adherence to 
     international law that prohibits threats of use of force.
       (A) Article VI of the United States Constitution states, 
     `This Constitution, and the Laws of the United States which 
     shall be made in Pursuance thereof; and all Treaties made, or 
     which shall be made, under the Authority of the United 
     States, shall be the supreme Law of the Land.' Any provision 
     of an international treaty ratified by the United States 
     becomes the law of the United States.
       (B) The United States is a signatory to the United Nations 
     Charter, a treaty among the nations of the world. Article II, 
     Section 4 of the United Nations Charter states, `All Members 
     shall refrain in their international relations from the 
     threat or use of force against the territorial integrity or 
     political independence of any state, or in any other manner 
     inconsistent with the Purposes of the United Nations.' The 
     threat of force is illegal.

[[Page 29819]]

       (C) Article 51 lays out the only exception, `Nothing in the 
     present Charter shall impair the inherent right of individual 
     or collective self-defense if an armed attack occurs against 
     a Member of the United Nations, until the Security Council 
     has taken measures necessary to maintain international peace 
     and security.' Iran has not attacked the United States; 
     therefore any threat against Iran by the United States is 
     illegal.
       The Vice President's deception upon the citizens and 
     Congress of the United States that enabled the failed United 
     States invasion of Iraq forcibly altered the rules of 
     diplomacy such that the Vice President's recent belligerent 
     actions towards Iran are destabilizing and counterproductive 
     to the national security of the United States.
       In all of this, Vice President Richard B. Cheney has acted 
     in a manner contrary to his trust as Vice President, and 
     subversive of constitutional government, to the prejudice of 
     the cause of law and justice and the manifest injury of the 
     people of the United States. Wherefore Richard B. Cheney, by 
     such conduct, warrants impeachment and trial, and removal 
     from office.

  The SPEAKER pro tempore. The resolution presents a question of 
privilege.


                  Motion to Table Offered by Mr. Hoyer

  Mr. HOYER. Mr. Speaker, I move that the resolution be laid on the 
table.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. KUCINICH. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to table will be followed by 5-minute votes 
on motions to suspend the rules with regard to H. Con. Res. 162, by the 
yeas and nays; H.R. 3997, by the yeas and nays; and H.R. 3495, by the 
yeas and nays.
  The vote was taken by electronic device, and there were--yeas 162, 
nays 251, not voting 19, as follows:

                            [Roll No. 1037]

                               YEAS--162

     Ackerman
     Altmire
     Andrews
     Arcuri
     Baird
     Barrow
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Brown, Corrine
     Brown-Waite, Ginny
     Cardoza
     Carnahan
     Carney
     Castle
     Castor
     Chabot
     Clyburn
     Coble
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Cuellar
     Davis (AL)
     Davis (CA)
     Davis, Lincoln
     DeGette
     Delahunt
     DeLauro
     Dingell
     Donnelly
     Edwards
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Fattah
     Frank (MA)
     Giffords
     Gilchrest
     Gonzalez
     Gordon
     Hall (NY)
     Hall (TX)
     Harman
     Hastert
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinojosa
     Holden
     Hoyer
     Hunter
     Israel
     Jefferson
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Kagen
     Kennedy
     Kildee
     Kind
     Kirk
     Klein (FL)
     Lamborn
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Levin
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCrery
     McIntyre
     McNerney
     Meek (FL)
     Melancon
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Neal (MA)
     Obey
     Olver
     Paul
     Peterson (MN)
     Pomeroy
     Porter
     Rahall
     Ramstad
     Regula
     Renzi
     Reyes
     Rodriguez
     Rogers (MI)
     Ross
     Rothman
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schiff
     Schwartz
     Scott (GA)
     Sestak
     Shuler
     Sires
     Skelton
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Spratt
     Tanner
     Tauscher
     Taylor
     Thompson (MS)
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Visclosky
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waxman
     Wilson (OH)
     Wilson (SC)
     Wolf
     Young (AK)

                               NAYS--251

     Abercrombie
     Aderholt
     Akin
     Alexander
     Allen
     Baca
     Bachmann
     Bachus
     Baker
     Baldwin
     Barrett (SC)
     Bartlett (MD)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Carter
     Clarke
     Clay
     Cleaver
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Crenshaw
     Crowley
     Culberson
     Cummings
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     DeFazio
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Ehlers
     Ellison
     Emerson
     English (PA)
     Everett
     Fallin
     Farr
     Feeney
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hare
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hinchey
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holt
     Honda
     Hooley
     Hulshof
     Inglis (SC)
     Inslee
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Jones (OH)
     Jordan
     Kanjorski
     Kaptur
     Keller
     Kilpatrick
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lee
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     LoBiondo
     Loebsack
     Lucas
     Lungren, Daniel E.
     Mack
     Maloney (NY)
     Manzullo
     McCarthy (CA)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Meeks (NY)
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy, Tim
     Musgrave
     Myrick
     Napolitano
     Neugebauer
     Nunes
     Ortiz
     Pallone
     Pascrell
     Pearce
     Pence
     Perlmutter
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rangel
     Rehberg
     Reichert
     Reynolds
     Richardson
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Sali
     Saxton
     Schakowsky
     Schmidt
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuster
     Simpson
     Slaughter
     Smith (NE)
     Smith (TX)
     Solis
     Souder
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Terry
     Thompson (CA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Upton
     Velazquez
     Walberg
     Walden (OR)
     Walsh (NY)
     Waters
     Watson
     Watt
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Woolsey
     Wu
     Wynn
     Young (FL)

                             NOT VOTING--19

     Brady (PA)
     Butterfield
     Buyer
     Carson
     Chandler
     Cubin
     Ferguson
     Gillibrand
     Jindal
     Johnson, Sam
     McGovern
     McNulty
     Oberstar
     Pastor
     Payne
     Pryce (OH)
     Tancredo
     Westmoreland
     Yarmuth

                              {time}  1602

  Messrs. BOEHNER, ROGERS of Alabama, McKEON, CAMPBELL of California, 
BLUNT, BILBRAY, McCARTHY of California, KINGSTON, ROSKAM, FEENEY, 
GARRETT of New Jersey, ISSA, SALI, BONNER, FLAKE, DEAL of Georgia, 
CONAWAY, CRENSHAW, EHLERS, KLINE of Minnesota, PETERSON of 
Pennsylvania, CALVERT, BILIRAKIS, INGLIS of South Carolina, REHBERG, 
BROUN of Georgia, BISHOP of Utah, TIAHRT, LUCAS, DOOLITTLE, PEARCE, 
BARRETT of South Carolina, WELLER of Illinois, HASTINGS of Washington, 
DAVID DAVIS of Tennessee, WICKER, NUNES, LEWIS of Kentucky, ADERHOLT, 
SESSIONS, HERGER, LaHOOD, BACHUS, LINDER, FORBES, LaTOURETTE, DAVIS of 
Kentucky, PENCE, TIBERI, REYNOLDS, PUTNAM, HENSARLING, POE, MORAN of 
Kansas, McHUGH, LATHAM, CARTER, ALEXANDER, MACK, PLATTS, BOOZMAN, 
REICHERT, FORTENBERRY, HOEKSTRA, DANIEL E. LUNGREN of California, 
FRANKS of Arizona, GARY G. MILLER of California, HAYES, BOUSTANY, 
PICKERING, THORNBERRY, FOSSELLA, PETRI, GOODE, TIERNEY, WALDEN of 
Oregon, MICA, MARIO DIAZ-BALART of Florida, ROGERS of Kentucky, HONDA, 
SIMPSON, SAXTON, DREIER, YOUNG of Florida, SMITH of Texas, KUHL of New 
York, LINCOLN DIAZ-BALART of Florida, UPTON, BURGESS, GALLEGLY, CANTOR, 
SULLIVAN, RYAN of Wisconsin, KNOLLENBERG, SHIMKUS, GRAVES, CROWLEY, 
WHITFIELD, WALSH of New York, GOODLATTE, NEUGEBAUER, MILLER of Florida, 
EVERETT, CULBERSON, McCAUL of Texas, BROWN of South Carolina, COLE of 
Oklahoma, KELLER of Florida, FRELINGHUYSEN, BUCHANAN, LoBIONDO, BAKER, 
SENSENBRENNER, STEARNS, MANZULLO, CAMP of Michigan, TIM MURPHY of 
Pennsylvania, DENT, ROHRABACHER,

[[Page 29820]]

HELLER of Nevada, JORDAN of Ohio, GERLACH, AKIN, BURTON of Indiana, 
SHERMAN, CLEAVER, DICKS, HOLT, PALLONE, RUSH, ALLEN, RANGEL, WATT, 
PRICE of North Carolina, PERLMUTTER, HODES, ORTIZ, GENE GREEN of Texas, 
MILLER of North Carolina, PITTS, GINGREY, CANNON, AL GREEN of Texas, 
DUNCAN, WALBERG, Mrs. SCHMIDT, Mrs. BLACKBURN, Mrs. BIGGERT, Mrs. 
MUSGRAVE, Mrs. DRAKE, Mrs. EMERSON, Mrs. BONO, Mrs. MYRICK, Mrs. 
CAPITO, Mrs. McMORRIS RODGERS, Mrs. WILSON of New Mexico, Mrs. MILLER 
of Michigan, Mrs. BACHMANN, Ms. FOXX, Ms. SHEA-PORTER, Ms. GRANGER, Ms. 
VELAZQUEZ, Ms. McCOLLUM of Minnesota, Ms. ROYBAL-ALLARD, and Ms. MOORE 
of Wisconsin changed their vote from ``yea'' to ``nay.''
  Messrs. COBLE, HASTINGS of Florida, WAXMAN, BOSWELL, FATTAH, 
McNERNEY, RAHALL, JONES of North Carolina, ISRAEL, Ms. CASTOR, and Ms. 
LINDA T. SANCHEZ of California changed their vote from ``nay'' to 
``yea.''
  So the motion to table was rejected.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.


                  Motion to Refer Offered by Mr. Hoyer

  Mr. HOYER. Mr. Speaker, I move that the resolution be referred to the 
Committee on the Judiciary.


                         Parliamentary Inquiry

  Mr. KUCINICH. Mr. Speaker, parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman from Ohio may state his 
parliamentary inquiry.
  Mr. KUCINICH. Mr. Speaker, if this motion to refer fails, does my 
privileged resolution remain on the floor for an hour of debate and a 
final vote?
  The SPEAKER pro tempore. The resolution would remain pending.
  Mr. KUCINICH. Would it be subject to a vote, then, on the floor?
  The SPEAKER pro tempore. The resolution would remain pending.
  Mr. KUCINICH. Mr. Speaker, I ask for a recorded vote on the motion to 
refer to committee.
  Mr. HOYER. Mr. Speaker, I move the previous question.
  I am sorry, I may have misunderstood the gentleman. You asked for a 
recorded vote on the motion to refer to committee?
  I withdraw my motion. He wants to have a vote. I call the question.
  The SPEAKER pro tempore. Does the gentleman ask that the motion to 
refer be withdrawn?
  Mr. HOYER. No. I moved that the resolution be referred to the 
Judiciary Committee. The gentleman then posed a parliamentary inquiry. 
He then asked that the votes be tallied on the motion.


                         Parliamentary Inquiry

  Mr. BOEHNER. Mr. Speaker, parliamentary inquiry.
  The SPEAKER pro tempore. The minority leader may state his 
parliamentary inquiry.
  Mr. BOEHNER. Mr. Speaker, the gentleman from Maryland moved the 
previous question before he engaged in debate. Under the rules, I think 
there are 40 minutes to be divided by both sides.
  The SPEAKER pro tempore. The previous question has not been ordered 
yet.
  Does the gentleman from Maryland ask to withdraw the motion?
  Mr. HOYER. No, I move to refer the bill to the committee. This matter 
is a matter of very serious import.
  Mr. UDALL of Colorado. Mr. Speaker, I do not think the House should 
take up today the question of whether we will exercise our 
Constitutional authority to impeach the Vice President and to ask the 
Senate to try him on charges that, if proved, would result in his 
removal from office.
  That does not mean I support the policies advocated by Vice President 
Cheney or that I think his official conduct has been above reproach. On 
the contrary, I think that he has helped create many of the most 
serious problems our country now faces and that he is continuing to 
advocate policies that would make those problems worse and bring 
further difficulties upon us.
  With President Bush, the vice president spearheaded the unfortunately 
successful effort to persuade Congress to authorize a rush to war in 
Iraq--which I opposed. He also was among those in the Bush 
Administration who refused to listen to the many well-informed people 
who argued that it was imperative that adequate measures be taken to 
prevent the disintegration of Iraq's social and governmental fabric 
that otherwise predictably would follow the equally predictable 
successful military action to remove the Saddam Hussein regime. And now 
he clearly is among those who seem to prefer again rushing to use 
military force--this time to respond to the potential danger of a 
nuclear-armed Iran--before other options have been exhausted. I 
strongly oppose that, and have introduced legislation--H.R. 3119--to 
prohibit funds from being obligated or expended for military operations 
or activities within or above Iran's territory or within Iran's 
territorial waters except pursuant to a new, specific congressional 
authorization.
  But the question now before the House is not whether we think the 
vice president's actions have been helpful to the national interest, as 
his supporters presumably would contend, or whether they have had or 
could have adverse consequences--as I myself think. Instead, we are 
being asked whether we should now, today, proceed to charge that the 
vice president has violated his constitutional oath to faithfully 
execute the duties of his office and to defend the Constitution and 
thus should be impeached.
  The resolution sets forth what its author says are the specific 
statements and actions of the vice president that constitute violations 
of his oath. I agree that those statements and actions are deeply 
troubling and raise serious questions about the way the vice president 
has used his position, both in communicating with the American people 
and in participating in the shaping of Bush Administration policies. 
But at this moment I am not prepared to say that there are adequate 
grounds to conclude that those statements and actions in fact 
constitute grounds for impeachment--and I do not think that Members of 
the House should be called upon to reach that conclusion today.
  I think that before the House is asked to reach that conclusion, the 
vice president should have an opportunity to respond to the 
resolution's charges and the statements and actions it cites in support 
of those charges. I also think that before we are asked to vote on the 
resolution, we should have the benefit of hearing from appropriate 
legal experts and other qualified witnesses and that the Judiciary 
Committee should prepare a report that will provide the basis for any 
debate here on the floor of the House.
  Impeachment is not entirely a legal question. It is partly political, 
which is why the Constitution entrusts it to Congress and not the 
courts. But I think it is essential that any decision to impeach any 
federal official should come only through a careful, thorough process 
that provides adequate due process for the accused and that will lay 
the proper foundation for a sound decision. I think to do otherwise, as 
the author of this resolution seeks to do, would further weaken the 
civility toward our colleagues and respect for those with whom we 
disagree that should be the basis for our service in Congress and would 
only add to the polarization and rancor that are all too prevalent in 
the Nation's political debates.
  For these reasons, Mr. Speaker, I must oppose consideration of this 
resolution at this time.
  Mr. UDALL of New Mexico. Mr. Speaker, the framers of our Constitution 
empowered the U.S. House of Representatives to impeach the President in 
cases of ``treason, bribery, or other high crimes and misdemeanors.'' 
They gave Congress a sacred responsibility to check the power of the 
President in order to preserve the liberty of the American people. With 
this responsibility came an equally important obligation to use 
congressional power only to advance the interests of the Nation. I am 
not convinced that an impeachment proceeding is in America's best 
interests at this time. That is why I recently voted to give the House 
Judiciary Committee time to substantively consider the articles of 
impeachment before bringing them before the full House for debate and a 
vote. At a time when Congress has so much work to do to repair the 
damage caused by this administration, Congress will best serve the 
American people by focusing our efforts on ending the war in Iraq, 
protecting civil liberties from executive overreaching and passing 
needed legislation to move America in a new direction.
  With a little over a year left in office, attempting to bring 
impeachment charges against President Bush, or Vice-President Cheney, 
at this point, would prove counterproductive to the aggressive agenda 
our new majority in Congress has put forth. With many issues needing 
attention, Congress should focus on implementing the agenda the 
American people elected us to pursue.
  As part of the new agenda, the 110th Congress has begun to do what 
the previous Congressional leadership would not do, and what

[[Page 29821]]

many in this Congress still refuse to do: Stand up to this President. 
Under Representative Henry Waxman, CA, the House Oversight and 
Government Reform Committee has launched more than two dozen 
investigations of Bush administration actions. The committee's 75 
investigators have probed everything from the behavior of contractors 
in Iraq to the politicization of the Federal Government here at home. 
Congress's efforts have already led to needed reforms in a variety of 
executive branch programs.
  You may recall that in late July, it became apparent to me that 
Attorney General Alberto Gonzales's contradictory statements and 
actions raised serious concerns about his integrity and his respect for 
civil liberties. At the same time, Bush administration stonewalling was 
making it impossible for Congress to fully investigate Gonzales and 
restore America's respect for the Justice Department. On July 31, 2007, 
I joined with other former prosecutors serving in the U.S. House in 
calling for an investigation to determine whether Gonzales should be 
impeached. At the time, I believed investigation and, potentially, 
impeachment by the Congress provided the only way to hold Gonzales 
accountable.
  In August, Alberto Gonzales did something he should have done long 
before: He resigned. His resignation provided needed change at the 
Justice Department, but it did not provide the answers that the 
American people demand and deserve. Congress still has an obligation to 
determine the legality of Gonzales's confusing, conflicting and 
misleading actions and statements. Just this week, Representative John 
Conyers, MI, took another step towards getting the truth about the 
Justice Department's actions under Gonzales. Conyers demanded the White 
House release key information regarding the Justice Department's firing 
of Federal prosecutors or face a congressional contempt citation. I and 
my colleagues will do everything in our power to compel the White House 
to cooperate with our investigation. I will continue to work with my 
colleagues to uncover the truth about the Gonzales Justice Department 
and its treatment of Americans' civil liberties, and I will fight to 
hold this administration accountable.
  While Congress exercises its oversight role, we must also support a 
framework of laws that protects Americans from violations of our 
liberties and our right to privacy. I have always defended civil 
liberties. In 2001, I joined just 65 of my colleagues in standing up to 
post-
9/11 fearmongering and voting against the USA PATRIOT ACT. I have 
cosponsored legislation to restore the right of habeas corpus and undo 
the Military Commissions Act. And, most recently, I opposed changes to 
the Foreign Intelligence Surveillance Act, FISA, that would have given 
this administration more power to spy on Americans.
  The Bush administration has done real damage to the United States 
through its policies and its executive actions. Congress must respond 
in the manner that will most effectively protect the American people 
and promote the interests of our country. We have begun to rein in the 
president and restore integrity to the Federal Government. We will 
continue to do so.
  Mr. PAUL. Mr. Speaker, I rise, reluctantly, in favor of the motion to 
table House Resolution 799, Impeaching Richard B. Cheney, Vice 
President of the United States, of high crimes and misdemeanors, and in 
favor of referring that resolution to the House Judiciary Committee for 
full consideration. I voted to table this resolution not because I do 
not share the gentleman from Ohio's desire to hold those responsible 
for the Iraqi debacle accountable; but rather, because I strongly 
believe that we must follow established protocol in matters of such 
importance. During my entire time in Congress, I have been outspoken in 
my opposition to war with Iraq and Iran. I have warned my colleagues 
and the administration against marching toward war in numerous speeches 
over the years, and I have voted against every appropriation to 
continue the war on Iraq.
  I have always been strongly in favor of vigorous congressional 
oversight of the executive branch, and I have lamented our abrogation 
of these Constitutional obligations in recent times. I do believe, 
however, that this legislation should proceed through the House of 
Representatives following regular order, which would require 
investigation and hearings in the House Judiciary Committee before the 
resolution proceeds to the floor for a vote. This time-tested manner of 
moving impeachment legislation may slow the process, but in the long 
run it preserves liberty by ensuring that the House thoroughly 
deliberates on such weighty matters. In past impeachments of high 
officials, including those of Presidents Nixon and Clinton, the 
legislation had always gone through the proper committee with full 
investigation and accompanying committee report.
  I noted with some dismay that many of my colleagues who have long 
supported the war changed their vote to oppose tabling the motion for 
purely political reasons. That move was a disrespectful to the 
Constitutional function of this body and I could not support such 
actions with my vote.
  I was pleased that the House did vote in favor of sending this 
legislation to the Judiciary Committee, which essentially directs the 
committee to examine the issue more closely than it has done to this 
point.
  Mr. HOYER. I move the previous question on the motion to refer.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. KUCINICH. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of adoption of the motion.
  The vote was taken by electronic device, and there were--ayes 218, 
noes 194, not voting 20, as follows:

                            [Roll No. 1038]

                               AYES--218

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Braley (IA)
     Brown, Corrine
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castor
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Frank (MA)
     Giffords
     Gilchrest
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McIntyre
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Paul
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Wynn

                               NOES--194

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Filner
     Flake
     Forbes
     Fortenberry

[[Page 29822]]


     Fossella
     Foxx
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Jordan
     Kaptur
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Waters
     Watson
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--20

     Brady (PA)
     Butterfield
     Buyer
     Carson
     Chandler
     Cubin
     Ferguson
     Franks (AZ)
     Gillibrand
     Johnson, Sam
     McGovern
     McNulty
     Oberstar
     Pastor
     Payne
     Pryce (OH)
     Tancredo
     Thompson (MS)
     Westmoreland
     Yarmuth


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes left on this vote.

                              {time}  1623

  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the motion to refer.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. KUCINICH. 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 218, 
noes 194, not voting 20, as follows:

                            [Roll No. 1039]

                               AYES--218

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Braley (IA)
     Brown, Corrine
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castor
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Frank (MA)
     Giffords
     Gilchrest
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McIntyre
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Paul
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Rogers (MI)
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Wynn

                               NOES--194

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastert
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Jindal
     Johnson (IL)
     Jordan
     Kaptur
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Waters
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--20

     Brady (PA)
     Butterfield
     Buyer
     Carson
     Chandler
     Cubin
     Davis, Lincoln
     Ferguson
     Gillibrand
     Johnson, Sam
     McGovern
     McNulty
     Mollohan
     Oberstar
     Pastor
     Payne
     Pryce (OH)
     Tancredo
     Westmoreland
     Yarmuth


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes left on this vote.

                              {time}  1632

  So the motion to refer was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________