[Congressional Record (Bound Edition), Volume 156 (2010), Part 7]
[House]
[Pages 9951-9956]
[From the U.S. 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for a recorded vote on amendment No. 81 be withdrawn.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)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw

[[Page 9952]]


     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

[[Page 9953]]

to dispense with the continuing of the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  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

[[Page 9954]]


     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
     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.

[[Page 9955]]

  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 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).

[[Page 9956]]

       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:

                             [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.''

                          ____________________