[Congressional Record (Bound Edition), Volume 158 (2012), Part 8]
[House]
[Pages 10512-10515]
[From the U.S. Government Publishing Office, www.gpo.gov]




AUTHORIZING COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM TO INITIATE OR 
     INTERVENE IN JUDICIAL PROCEEDINGS TO ENFORCE CERTAIN SUBPOENAS

  Mr. ISSA. Mr. Speaker, pursuant to House Resolution 708, I call up 
the resolution (H. Res. 706) authorizing the Committee on Oversight and 
Government Reform to initiate or intervene in judicial proceedings to 
enforce certain subpoenas.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore (Mr. Bass of New Hampshire). Pursuant to 
House Resolution 708, the resolution is considered read.
  The text of the resolution is as follows:

                              H. Res. 706

       Resolved, That the Chairman of the Committee on Oversight 
     and Government Reform is authorized to initiate or intervene 
     in judicial proceedings in any Federal court of competent 
     jurisdiction, on behalf of the Committee on Oversight and 
     Government Reform, to seek declaratory judgments affirming 
     the duty of Eric H. Holder, Jr., Attorney General, U.S. 
     Department of Justice, to comply with any subpoena that is a 
     subject of the resolution accompanying House Report 112-546 
     issued to him by the Committee as part of its investigation 
     into the United States Department of Justice operation known 
     as ``Fast and Furious'' and related matters, and to seek 
     appropriate ancillary relief, including injunctive relief.
       Sec. 2.  The Committee on Oversight and Government Reform 
     shall report as soon as practicable to the House with respect 
     to any judicial proceedings which it initiates or in which it 
     intervenes pursuant to this resolution.
       Sec. 3.  The Office of General Counsel of the House of 
     Representatives shall, at the authorization of the Speaker, 
     represent the Committee on Oversight and Government Reform in 
     any litigation pursuant to this resolution. In giving that 
     authorization, the Speaker shall consult with the Bipartisan 
     Legal Advisory Group established pursuant to clause 8 of rule 
     II.

  The SPEAKER pro tempore. The gentleman from California (Mr. Issa) and 
the gentleman from Maryland (Mr. Cummings) each will control 10 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. ISSA. Mr. Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Lungren).
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, we've just had a 
very important vote and some would ask what this second vote is about.
  This second vote is a simple authorization for the committee involved 
to be able to essentially hire counsel that would allow us to go into 
court to seek a declaratory judgment by the Federal court to enforce 
the subpoenas that have been presented by this committee to the 
Attorney General of the United States. It's a simple, straightforward 
resolution.
  Why is it important? One of our obligations under the Constitution is 
to provide oversight of the executive branch. There are those in this 
body who have been here and engaged in debate with respect to important 
items such as the PATRIOT Act and FISA. One of the things that we've 
attempted to assure our constituents was that we would ensure that the 
constitutional rights of Americans would not be trampled upon as we 
carry out the appropriate responsibility of protecting this country and 
our constituents against terrorist attack. That requires us to provide 
active oversight over the executive branch.
  Similarly, in this case, we have an obligation to stand in the shoes 
of those we represent, to oversee the operations of the executive 
branch--in this case, the Department of Justice--to ensure that they 
are following the law.

                              {time}  1650

  One manner in which that can be frustrated is by a department--in 
this case, the Department of Justice--that refuses to respond to lawful 
subpoenas and give us the information so that we can do that oversight. 
That is what we were talking about.
  This Congress, this House of Representatives, was misled. I don't 
know whether it was intentional or not. I do know we were misled by a 
representation from the Justice Department in an official response to 
an inquiry by the Congress of the United States. That was not corrected 
for 10 months.
  You can look at it a couple of ways. One is that there was an attempt 
to slow-walk the Congress so that it could not carry out its 
constitutional responsibility. There is a lot of talk on this floor by 
both Democrats and Republicans as to how we have an obligation to 
oversee the executive branch. In fact, one of the genius points of our 
Founding Fathers' Constitution is that conflict between or among the 
three branches of government, that natural tension. But that natural 
tension cannot exist and we cannot do that which we are called upon 
under the Constitution to do faithfully if we are denied information to 
oversee the operations of the Department of Justice.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. ISSA. I yield the gentleman an additional 30 seconds.
  Mr. DANIEL E. LUNGREN of California. So all we are doing simply is 
asking for the authorization so that this committee can have the 
representation of counsel to see that these subpoenas are carried out. 
Since we have been given every sense from the Justice Department that 
it would be folly, in a sense, to suggest that they would carry out the 
actions that we just voted upon against the Attorney General, this is 
the method by which we can achieve that which we are required to do; 
that is, to carry out oversight responsibility against the executive 
department, including the Department of Justice.
  Mr. CUMMINGS. I yield 2 minutes to the gentlelady from the District 
of Columbia (Ms. Norton).
  Ms. NORTON. I thank the gentleman for yielding.
  I have come back from walking out of this proceeding to address the 
serious, baseless charge of a coverup. No one in the majority has been 
able to charge that the Attorney General or his top lieutenants knew 
about the gunwalking initiated in the Bush administration because there 
is no evidence of that after 16 months of investigation.
  This contempt resolution stems from a letter from the Justice 
Department correcting the record resulting from a prior letter written 
in the Legislative Affairs section of the Justice Department that there 
was no gunwalking. That letter relied on statements of ATF officials 
and Justice Department officials who this Justice Department then fired 
and did its own investigation. So what you have is contempt for 
correcting the record.
  What the Justice Department did was the opposite of a coverup. But it 
is alleged that if the Department has nothing to hide, it would simply 
turn over everything in its possession. The other side has gone so far 
as to say that when the President invoked executive privilege, he too 
was implicated in a coverup. But the Supreme Court itself has said that 
while the privilege is not absolute--and here I am quoting--human 
experience teaches us that those who expect public dissemination of 
their remarks may well temper candor with concerns for appearances. 
Thus, Presidents have repeatedly asserted executive privilege to 
protect confidential executive branch deliberative materials from 
congressional subpoena.

[[Page 10513]]

  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. CUMMINGS. I yield the gentlelady 30 additional seconds.
  Ms. NORTON. The last leg of today's weak reed of contempt is the 
claim that the President asserted executive privilege too late. Why not 
from the beginning?
  The President, like every President before him, did not assert the 
privilege until negotiations broke down. But the committee proceeded 
without even examining the basis for the privilege, as prior Chairs of 
our committee have done. A coverup is the most irresponsible allegation 
of this debate because no evidence of a coverup has been submitted.
  This subpoena is so partisan and political that I expect any court to 
do just what our committee should have done--compel the parties to sit 
down and negotiate.
  Mr. ISSA. Mr. Speaker, it's amazing that people would say there's no 
evidence of a coverup when somebody says, No, we didn't do what we did, 
and then hides it for an additional 10 months. By any normal American 
standard, that would be a coverup.
  With that, I yield 2 minutes to the gentleman from Texas (Mr. 
Farenthold).
  Mr. FARENTHOLD. I thank the chair for yielding.
  I rise today in support of the motion for civil contempt so we can 
get an attorney to proceed.
  Normally under contempt, what happens is, we vote, like we just did, 
to hold someone in contempt, and it's turned over to the Department of 
Justice--in fact, the U.S. attorney for the District of Columbia--to 
pursue in district court. Unfortunately, the U.S. attorney is an 
employee and reports to the Attorney General, who was just found in 
contempt. And I am concerned that past history of stonewalling delays 
that are associated with getting us information and cooperating with us 
on Fast and Furious will continue and, in fact, there will be no 
prosecution of the contempt resolution we just voted out. So it is 
absolutely critical that the committee be given the authority to pursue 
this on their own if the Justice Department is not responsive.
  I, therefore, urge all of my colleagues to join me in support of this 
civil contempt resolution.
  Mr. CUMMINGS. I yield 2 minutes to the gentleman from Virginia (Mr. 
Scott).
  Mr. SCOTT of Virginia. I thank the gentleman for yielding.
  The contempt citation pending against Attorney General Holder is 
unfounded, unfair, and unwise. All of this involves questions about 
gunwalking. And we know that the Attorney General has handed over 
thousands of documents in response to multiple subpoenas. So we know 
that the gunwalking policy began under the Bush administration. We know 
that President Bush's Attorney General, Michael Mukasey, was briefed on 
the policy, and it continued. We know that when Attorney General Holder 
found out about it, he shut the program down and called for an 
investigation.
  If we want to know why the policy started, we should ask officials 
who served when it started during the Bush administration. If we want 
to know what Attorney General Holder knew about Fast and Furious, we 
should call the former Acting Director of the ATF, Ken Melson, who is 
on the record as saying that he would have been the one to have 
informed the Attorney General, but even he didn't know about Fast and 
Furious. But unfortunately, requests from the Democratic members of the 
House Committee on Oversight and Government Reform to call these 
witnesses have been rejected.
  At this point, there has been no articulation of any useful 
information about the origins of gunwalking in Fast and Furious or the 
death of Agent Brian Terry that can be learned from the narrow set of 
documents still at issue, nor has there been any articulation of any 
legitimate legislative purpose that can be achieved. And, in fact, 
Chairman Issa has silenced whistleblowers who testified about 
legislation to strengthen law enforcement tools on our southwestern 
boarder.
  If the Speaker now insists on holding Attorney General Holder in 
contempt for failing to respond to more subpoenas, the Speaker should 
articulate with clarity what general purpose will be served by the 
response. If nothing legitimately useful is to be learned nor any 
legislative purpose is to be achieved with continued responses to these 
subpoenas, then it is time for the Attorney General to get back to 
work, along with the Members of the House.
  Mr. ISSA. Mr. Speaker, I'm not sure if I heard the gentleman right 
when he said that I ``silenced whistleblowers'' in order to keep them 
from talking about gun control.
  Is the gentleman disparaging and falsely claiming that I did 
something that I know for a fact I did not?
  Mr. CUMMINGS. Will the gentleman yield?
  Mr. ISSA. Of course.
  Mr. CUMMINGS. I will tell you what you did. When you called the 
whistleblowers in, and the whistleblowers, who are ATF agents, and you 
know this----
  Mr. ISSA. Reclaiming my time, it's pretty clear you are disparaging 
me, and you are disparaging me by making a claim that's untrue.
  The bottom line is, in committee, witnesses were told that they need 
not answer questions that were not the subject of the hearing and, in 
fact, those witnesses were allowed and did answer questions by the 
minority having to do with gun control, an issue they prefer to talk 
about rather than the cause of Brian Terry's death.
  With that, I yield 2 minutes to the gentleman from Texas (Mr. 
McCaul).

                              {time}  1700

  Mr. McCAUL. Mr. Speaker, as a former Federal prosecutor at the 
Department of Justice, I do not take these proceedings lightly. Above 
all, those at the Department cherish their integrity. Mr. Speaker, that 
integrity has now been impugned.
  This is not about politics. It's about pursuit of the truth and 
justice. The definition of contempt is the willful disobedience to or 
open disrespect for the rules or orders of a court or legislative body. 
This definition falls squarely within the facts here.
  When insiders revealed the government's role in Operation Fast and 
Furious, the Department of Justice falsely told Congress that 
whistleblowers weren't telling the truth. As Congress fulfilled its 
oversight obligations and tried to get to the bottom of how guns were 
put in the hands of Mexican drug cartels, ultimately killing Border 
Patrol Brian Terry, this administration refused to turn over crucial 
documents that would shed light on this. Instead, they asserted 
executive privilege at the eleventh hour, calling into question the 
validity of the privilege itself and at the same time demonstrating 
that communications were held at the highest levels in the government. 
In fact, the wiretaps, we all know, are approved at Main Justice.
  Mr. Speaker, this Attorney General needs to be held accountable. The 
Terry family, the families of the Mexican people who have been slain, 
and the American people deserve no less.
  Mr. CUMMINGS. I yield 2 minutes to the gentleman from Texas (Mr. 
Reyes).
  Mr. REYES. It is indeed a sad day today. As an officer that spent 
26\1/2\ years wearing the United States Border Patrol uniform, it is 
regrettable for me today that we're here under these circumstances.
  I want to acknowledge and thank the chairman and the ranking member 
for inviting me to go with them to Mexico City and visit at the U.S. 
Embassy about the circumstances around what led to the investigation of 
Fast and Furious. And to me, it's regrettable because we are here 
discussing the death of a Border Patrol agent. I went to the memorial 
service for Agent Brian Terry. I visited with his mom and his family 
that day. I went there because as a former Border Patrol agent I wanted 
to express sympathy and support, as I did so many times as a chief for 
agents that were killed in the line of duty.
  So for me, it is particularly troubling that we're here politicizing 
the death of a United States Border Patrol agent. We ought to be about 
getting to the

[[Page 10514]]

circumstances of the investigation led under a U.S. Attorney under 
OCDETF. Both the ranking member and the chairman know that that was the 
controlling entity in this case.
  I don't know except to say that it's pure basic politics that we've 
now spun this up to the level of the Attorney General. Having had the 
experience to supervise my agents that were part of OCDETF 
investigations and having had a number of conversations with my friends 
on the other side of the aisle who were experienced prosecutors, 
everybody here that has that experience knows that those controls don't 
go up to the level of the Attorney General.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. CUMMINGS. I yield the gentleman an additional 30 seconds.
  Mr. REYES. So we're here taking a lot of time when we should be 
discussing things that are a priority to the American people. We're 
here under the worst of circumstances for the Terry family, which all 
they want is closure on the death of a son, on the death of a patriotic 
American citizen, and spinning it in a political sense.
  I really think that this is a sad day for this House of 
Representatives, and we ought to do better for the American people.
  Mr. ISSA. I yield 1 minute to the gentleman from Idaho (Mr. 
Labrador).
  Mr. LABRADOR. Mr. Speaker, once again I sit here and I'm amazed by 
the language that is being used. We've had numerous hearings. We've had 
numerous investigations. We've had a lot of people come before Congress 
and give us false information. And the reality is that I hear again and 
again from the other side that there is no evidence of coverup; there 
is no evidence of coverup.
  But the reality is that we have only received 5 percent of the 
documents that we have requested. There is no way for us to know 
exactly what happened, who knew, and what did they know, unless we 
receive all of the documents. All we're asking the Attorney General to 
do is to provide the documents that we have requested. We wouldn't be 
standing here holding these contempt proceedings if he had given us the 
documents. And that's why I ask everybody in this body to actually vote 
for contempt.
  Mr. CUMMINGS. May I inquire as to how much time is left.
  The SPEAKER pro tempore. The gentleman from Maryland has 3 minutes 
remaining, and the gentleman from California has 1\3/4\ minutes 
remaining.
  Mr. CUMMINGS. I reserve the balance of my time.
  Mr. ISSA. Reserving the right to close, I have no further requests 
for time.
  Mr. CUMMINGS. Mr. Speaker, it's interesting here today, what we just 
did with regard to the criminal contempt. I do believe that it is very 
unfortunate, and let me tell you why. We have an Attorney General who 
is indeed an honorable man. We who practice law look up to the Attorney 
General and any U.S. Attorney. They are folks like us who are well 
educated and who love their country. And Eric Holder, Jr., is no 
exception.
  Over and over again, he has tried to cooperate with this committee. 
And I'm sure that both sides--his side and our side--have become a 
little frustrated at times. But as he said in a meeting a couple of 
weeks ago, he said that he's willing to give the documents, but he was 
asking that at some point his attorneys have an opportunity to get back 
to work.
  Now, Leader Pelosi said something a moment ago that we should not 
lose sight of, Mr. Speaker, when she spoke about the Constitution and 
that it requires Congress and the executive branch to avoid unnecessary 
conflicts and to seek accommodations that serve both of their 
interests. In the words of Attorney General William French Smith, under 
President Reagan:

       It is the obligation of each branch to make a principled 
     effort to acknowledge and, if possible, to meet the 
     legitimate needs of the other branch.

  I believe that this Attorney General has bent over backwards trying 
to accommodate us, trying to provide the information, but at the same 
time, as he has said to us many times, to protect the institution of 
the Attorney General of the United States. And when I say protect the 
institution, I mean protect the institution, the same types of things 
that have assertions of executive privilege, making sure that wiretap 
applications are not made public, making sure that confidential 
informants are not disclosed, making sure that ongoing investigations 
are not interfered with.
  And I'm not sure, but there may be something that happened--we're not 
sure; we're checking on it--happened in this House already today, 
something that may have interfered with the trial already.
  So as I close, I would submit that he has done the very best that he 
could, and now we need to meet him halfway.
  I yield back the balance of my time.
  Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.
  The SPEAKER pro tempore. The gentleman from California is recognized 
for 1\3/4\ minutes.
  Mr. ISSA. Thank you, Mr. Speaker.
  It's been a long day for America, but it's been a longer day for the 
Terry family. I'm going to urge everyone to vote for the ability to 
hire counsel, and that's what the last vote is, and I believe it will 
pass overwhelmingly.
  But I'm going to use this time to pledge to the America people, to 
pledge to the Terry family, and to pledge to my colleagues: this 
investigation has in fact been brought to a halt in one area--and the 
area is the Attorney General's flat refusal to any longer cooperate 
with this committee.

                              {time}  1710

  But it doesn't change the fact that in the days and weeks to come, we 
will use what we can in the way of other tools, including some of the 
individuals that the minority has talked about today, to glean 
additional information, to find ways to prove accountability for the 
many people that had to be involved in this OCDETF operation in order 
for those guns to walk. We will continue to do that. We will try to 
find the truth.
  Hopefully in the weeks to come, we also will begin getting 
cooperation from the administration again. But if we don't, I will tell 
the ranking member here today, it has always been my intention to look 
backwards to previous gunwalking programs that we believe were 
certainly poorly designed and resulted in weapons getting out of the 
hands of lawful people and into the hands of criminal elements. That's 
not going to change. It's not going to change because it's our 
obligation to investigate and because this one we cannot let loose 
until the Terry family has been kept a promise that the ranking member 
and I both made.
  So I take the ranking member at his word today that, in fact, he will 
not rest until we get some answers, and I commit the same that I will 
not, and I urge the passage of this resolution.
  I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 708, the previous question is ordered on 
the resolution.
  The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. CUMMINGS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 258, 
nays 95, answered ``present'' 5, not voting 74, as follows:

                             [Roll No. 442]

                               YEAS--258

     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Amash
     Amodei
     Austria
     Bachmann
     Bachus
     Barber
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cravaack
     Crawford
     Crenshaw
     Critz
     Culberson

[[Page 10515]]


     Davis (KY)
     DeFazio
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Hochul
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paul
     Paulsen
     Pearce
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                                NAYS--95

     Andrews
     Baldwin
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Bonamici
     Braley (IA)
     Capps
     Carnahan
     Carney
     Castor (FL)
     Cohen
     Connolly (VA)
     Cooper
     Costello
     Courtney
     Crowley
     Cuellar
     Davis (CA)
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Eshoo
     Farr
     Filner
     Garamendi
     Green, Gene
     Hanabusa
     Heinrich
     Higgins
     Himes
     Hinchey
     Hirono
     Holden
     Holt
     Hoyer
     Keating
     Kildee
     Langevin
     Larsen (WA)
     Loebsack
     Lofgren, Zoe
     Lujan
     Lynch
     Maloney
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Miller, George
     Moran
     Murphy (CT)
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Reyes
     Rothman (NJ)
     Ruppersberger
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Schiff
     Schrader
     Schwartz
     Sherman
     Shuler
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Tierney
     Tonko
     Tsongas
     Velazquez
     Visclosky
     Wasserman Schultz
     Waxman
     Welch

                        ANSWERED ``PRESENT''--5

     Ackerman
     Costa
     Kaptur
     Lipinski
     Towns

                             NOT VOTING--74

     Baca
     Bass (CA)
     Becerra
     Bishop (GA)
     Brady (PA)
     Brown (FL)
     Butterfield
     Capuano
     Cardoza
     Carson (IN)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Conyers
     Cummings
     Davis (IL)
     Edwards
     Ellison
     Engel
     Fattah
     Fortenberry
     Frank (MA)
     Fudge
     Gonzalez
     Green, Al
     Grijalva
     Gutierrez
     Hahn
     Harris
     Hartzler
     Hastings (FL)
     Hinojosa
     Honda
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kucinich
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lowey
     Markey
     Meeks
     Moore
     Nadler
     Napolitano
     Pelosi
     Rangel
     Richardson
     Richmond
     Roybal-Allard
     Rush
     Sarbanes
     Schakowsky
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sires
     Thompson (MS)
     Van Hollen
     Waters
     Watt
     Wilson (FL)
     Woolsey
     Yarmuth

                              {time}  1734

  Mr. SULLIVAN changed his vote from ``nay'' to ``yea.''
  Mr. COSTA changed his vote from ``nay'' to ``present.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. FORTENBERRY. Mr. Speaker, I inadvertently missed the vote on 
rollcall No. 442. My vote would have been ``yes.''

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