[Congressional Record: May 27, 2010 (House)]
[Page H4025-H4064]


                              {time}  1745
   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011--Continued


                 Amendment No. 42 Offered by Ms. Eshoo

  The Acting CHAIR. It is now in order to consider amendment No. 42
printed in House Report 111-498.
  Ms. ESHOO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 42 offered by Mr. Eshoo:
       At the end of subtitle C of title IX, add the following new
     section:

     SEC. 923. AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT
                   ACCOUNTABILITY OFFICE.

       (a) Audits.--Title V of the National Security Act of 1947
     (50 U.S.C. 413 et seq.) is amended by adding at the end the
     following new section:


 ``audits of intelligence community by government accountability office

       ``Sec. 508.  (a) In General.--Except as provided in
     subsection (b), the Director of National Intelligence shall
     ensure that personnel of the Government Accountability Office
     designated by the Comptroller General are provided with
     access to all information in the possession of an element of
     the intelligence community that the Comptroller General
     determines is necessary for such personnel to conduct an
     analysis, evaluation, or investigation of a program or
     activity of an element of the intelligence community that is
     requested by one of the congressional intelligence
     committees.
       ``(b) Audits of Programs Involving Sources and Methods.--
     (1) If the Director of National Intelligence determines that
     a portion of an analysis, evaluation, or investigation to be
     conducted by the Comptroller General that is requested by a
     committee of Congress with jurisdiction over the subject of
     such analysis, evaluation, or investigation involves a matter
     that is subject to the reporting requirements of section 503
     or intelligence sources or methods, such portion may be
     redacted from such analysis, evaluation, or investigation and
     provided exclusively to the congressional intelligence
     committees.
       ``(2) If the Director of National Intelligence redacts a
     portion of an analysis, evaluation, or investigation under
     paragraph (1), the Director shall inform the committee of
     Congress that requested such analysis, evaluation, or
     investigation of the redaction.

[[Page H4033]]

       ``(c) Notice of Analysis, Evaluation, or Investigation and
     Procedures.--Not later than 15 days before initiating an
     analysis, evaluation, or investigation of an element of the
     intelligence community, the Comptroller General shall submit
     to the congressional intelligence committees a notice that
     includes--
       ``(1) a description of the analysis, evaluation, or
     investigation to occur and the purposes of such analysis,
     evaluation, or investigation;
       ``(2) the names of the personnel who will conduct such
     analysis, evaluation, or investigation and the level of
     security clearance possessed by such personnel; and
       ``(3) the procedures to be used in the course of such
     analysis, evaluation, or investigation for examining
     classified information, including a description of all
     facilities and materials that will be used.
       ``(d) Discussion of Procedures.--(1) Prior to initiating an
     analysis, evaluation, or investigation of an element of the
     intelligence community, the Comptroller General, in
     consultation with the congressional intelligence committees,
     shall discuss with the Director of National Intelligence the
     procedures for conducting such analysis, evaluation, or
     investigation.
       ``(2) Not later than five days after the discussion
     referred to in paragraph (1), the Director of National
     Intelligence may submit to the Comptroller General a written
     comment suggesting any changes or modifications to the
     procedures referred to in paragraph (1).
       ``(e) Confidentiality.--The Comptroller General shall
     maintain the same level of confidentiality for a record made
     available during the course of an analysis, evaluation, or
     investigation involving sources or methods as is required of
     the head of the element of the intelligence community from
     which such record is obtained. An officer or employee of the
     Government Accountability Office shall be subject to the same
     statutory penalties for unauthorized disclosure or use of a
     record as an officer or employee of the element of the
     intelligence community that provided the Comptroller General
     or such officer or employee of the Government Accountability
     Office with access to such record.
       ``(f) Workpapers.--All workpapers of the Comptroller
     General and all records and property of any element of the
     intelligence community that the Comptroller General uses
     during the course of an analysis, evaluation, or
     investigation involving sources or methods shall remain in
     facilities provided by the element of the intelligence
     community providing such records and property.
       ``(g) Provision of Supplies.--The head of each element of
     the intelligence community that is a subject of an analysis,
     evaluation, or investigation by the Comptroller General
     involving sources or methods shall provide the Comptroller
     General with suitable and secure offices and furniture,
     telephones, and access to copying facilities, for purposes of
     such analysis, evaluation, or investigation.
       ``(h) Procedures for Protection of Information.--The
     Comptroller General, in consultation with the congressional
     intelligence committees, shall establish procedures to
     protect from unauthorized disclosure all classified and other
     sensitive information furnished to the Comptroller General in
     the course of conducting an analysis, evaluation, or
     investigation involving sources and methods.
       ``(i) Submission of Names of Personnel Conducting Analysis,
     Evaluation, or Investigation.--Prior to initiating an
     analysis, evaluation, or investigation involving sources and
     methods, the Comptroller General shall provide the Director
     of National Intelligence and the head of each element of the
     intelligence community that is a subject of such analysis,
     evaluation, or investigation with the name of each officer
     and employee of the Government Accountability Office who has
     obtained appropriate security clearance and to whom, upon
     proper identification, the head of such element shall make
     available records and information during the course of such
     analysis, evaluation, or investigation.
       ``(j) Cooperation.--The head of each element of the
     intelligence community that is a subject of an analysis,
     evaluation, or investigation shall cooperate fully with the
     Comptroller General and provide timely responses to requests
     by the Comptroller General for documentation and information
     made pursuant to this section.
       ``(k) Rule of Construction.--Except as provided in
     subsection (b), nothing in this section or any other
     provision of law shall be construed to restrict or limit the
     authority of the Comptroller General to audit, evaluate, or
     obtain access to the records of an element of the
     intelligence community absent specific statutory language
     restricting or limiting such audits, evaluations, or access
     to records.''.

  The Acting CHAIR. Pursuant to House Resolution 1404, the gentlewoman
from California (Ms. Eshoo) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentlewoman from California.
  Ms. ESHOO. Mr. Chairman, I rise to offer my amendment No. 42 to this
National Defense Authorization Act.
  Mr. Chairman, what brings me to the floor is something that I think
should concern every single Member of the House. We all know that our
number one obligation as Members of Congress is to secure our country.
And as a member of the House Intelligence Committee, it matters not
Republican or Democrat, we stand shoulder to shoulder. We may debate
different things. We all know, and the full House knows, that this is
our first and top obligation. In order to carry that obligation out,
that duty done well, as a member of the House Intelligence Committee we
must do effective oversight. We have to do investigations. It is the
way we do our work.
  The reason I offer this amendment is because, unlike all the rest of
the committees of the House who can use the GAO, dispatch the
Government Accountability Office into the executive branch to make the
kinds of determinations on financial issues, financial management,
personnel, acquisitions, information technology, whatever it might be,
the House Intelligence Committee is not allowed to do that. And in
attempting to do it, it has drawn the ire of the administration.
  Now, I am a Democrat. We have a Democratic administration. I think
the administration is ill-advised in this. These are the prerogatives
of the Congress and the jurisdictions of our committees. I think that
we need to be able to have the tools that the GAO has, with all of the
safeguards in place relative to sources and methods and those things
that are the most sensitive in the intelligence community. But I don't
believe that the executive branch should be telling the legislative
branch what tools we should have and to make that decision for us. That
speaks to the separation of powers, and it also speaks to what we, as
Members of Congress, in terms of our duty have to carry out and to do.
  So my amendment really corrects this flaw, and I think it's an
important provision that would restore the GAO's role in congressional
oversight. I don't think this is a question of whether the information
is too sensitive for the GAO. They have the security clearances. They
have dealt with things before, and nothing has ever happened.
  So as I said, I believe this issue goes directly to the heart of one
of the most important functions of the Congress, and that is effective
oversight. That's what this amendment is about.
  I want to thank, in particular, Chairman Howard Berman for his work
on this issue from the House Foreign Affairs Committee, and also my
colleagues from the House Intelligence Committee who are sponsoring
this amendment: Congressman Holt, Congressman Tierney of Massachusetts,
Congressman Thompson of California, and Congresswoman Schakowsky of
Illinois.
  I rise to offer my amendment #42, to the FY2011 National Defense
Authorization Act. This Amendment would require the Director of
National Intelligence to cooperate with GAO inquiries initiated by
committees of jurisdiction.
  Oversight of matters in the intelligence community--including
financial management, personnel systems, acquisitions, and information
technology--is a fundamental prerogative of Congress. GAO plays a
critical role helping committees examine the functions of government
agencies in an objective, thorough manner.
  But despite this expertise, the intelligence community refuses to
allow GAO in the door, even when the intelligence committees--the
committees that have jurisdiction over them--have asked them to
investigate. The Administration has even threatened to veto the
Intelligence Authorization Bill because it contained a provision that
would restore GAO's role in Congressional oversight.
  The co-sponsors of this amendment have joined me in rejecting the
Administration's flawed legal analysis that would exempt the
intelligence community from GAO's review--even though they review every
other federal agency.
  This is not a question of whether the information is too sensitive
for GAO. GAO has evaluated a number of national security programs,
including ones that have sensitive intelligence implications like
Intelligence Surveillance and Reconnaissance programs which are known
as ISR platforms. GAO has issued classified reports on the Iraq war and
parts of the Comprehensive National Cybersecurity Initiative. Their
personnel have the appropriate security clearances and they know how to
safeguard sensitive information.
  In an abundance of caution, the amendment lays out additional
safeguards that GAO must follow to be able to have access to our
nation's intelligence information.

[[Page H4034]]

  I believe this issue is one that goes directly to the heart of one of
the most important functions of the Congress, and that is oversight.
This also goes to the very core of the principle of Separation of
Powers.
  My amendment would make clear to the intelligence community that they
cannot bar the door to Congressional oversight, and it is Congress, not
the Executive branch that determines which tools we get to use.
  In particular, I'd like to thank Chairman Berman of the House Foreign
Affairs Committee and HPSCI members Representatives Holt, Tierney,
Thompson of California, and Schakowsky for co-sponsoring this
amendment. I urge the adoption of the amendment.
  At this point I would like to yield to Mr. Berman, my trusted and
distinguished colleague from California.
  The Acting CHAIR. The gentleman is recognized for the 1\1/2\ minutes
remaining in favor of the amendment.
  Mr. BERMAN. Mr. Chairman, the Eshoo amendment cuts right to the heart
of our constitutional authority: Congressional oversight of matters, in
this case, within the intelligence community--basic functions,
financial management, acquisitions, information technology--a
fundamental prerogative of this body, a prerogative that should not be
limited to the intelligence committees.
  Bottom line, GAO plays a critical role in helping the committees
examine day-to-day functions of government agencies within their
jurisdiction, and its expertise needs to be brought to bear on the
intelligence community. This is particularly true after the 2004
reforms that established the ODNI. There is no community that has
undergone more bureaucratic overhaul and tumult, any agency within the
Federal Government, than within the intelligence community.
  The notion that committees of appropriate jurisdiction are blocked
from investigating areas within their domain for oversight purposes,
having nothing to do--we clearly exempt the sources and methods issues
from this oversight--makes no sense. It is an insult to the
prerogatives of the Congress. And to the extent that the administration
argues this should be solely within their prerogative, they don't fully
understand our institutional role in Congress.
  I don't understand how anyone in this body who is interested in
dealing with waste, with fraud, with duplication would want to limit
the GAO's authority to go into appropriate areas within the
intelligence community.
  I urge an ``aye'' vote.

                              {time}  1830

  Mr. THORNBERRY. Mr. Chairman, I seek the time in opposition.
  The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
  Mr. THORNBERRY. Mr. Chairman, I think the first and probably most
important point to make on this amendment is that it does not belong on
this bill and it imperils the whole bill.
  This issue about whether to expand GAO's authority to be able to
investigate the intelligence community, which has been an issue in the
fiscal year 2010 intelligence authorization bill, has been the subject
of veto threats from the administration and is one of, if not the
reason, here 4 months before the end of the fiscal year we still do not
have an intelligence authorization bill.
  So it does not belong here. This is the DOD authorization bill. It is
being discussed in another forum where it should, the intelligence
authorization bill, and if it gets added to the DOD authorization bill,
it puts in danger this entire bill because just today, the
administration sent another email which confirmed the veto threat over
this provision.
  So however Members feel about the particular issue one way or
another, I would suggest that you ought to be very careful about
endangering the whole bill over this provision.
  Second point I'd make is this is not a change to be taken lightly. As
the gentlelady, my colleague on the Intelligence Committee mentioned,
the GAO has not had this power, authority before since the modern
intelligence community has existed. Congress after Congress of both
parties, President after President of both parties have rejected this,
I would suggest, for some very good reasons.
  So this is not a step to be taken lightly.
  I think the only argument one can make is that the current
intelligence committees are incapable of performing their oversight
responsibilities and therefore they have to get this other entity, GAO,
in to help them do that. I don't agree with that position. I think the
intelligence committees in the House and the Senate are capable of
performing their job. Now, I get frustrated. I don't agree with
everything that the majority chooses to do, but I believe that the
committee is perfectly capable of oversight of the intelligence
community as we were tasked to do in the House rules and by statute.
  These committees were created in the 1970s to fill a very unique
role, and to undermine them by saying they are incapable of performing
their job which, without bringing GAO and investigators and so forth, I
think is a mistake.
  I also believe, Mr. Chairman, that this amendment may undermine the
role of the DNI at a time that is very sensitive for the role of the
DNI. Because if you look at the amendment itself, it says the
Comptroller General decides what he needs access to, has control over
how these investigations will be conducted. Now, the amendment says
that you can have discussions with the DNI, but the decision is with
the Comptroller General, further undermining the DNI's control over
classified material. I think that's a mistake.
  There are other flaws, in my view, in this amendment. But the bottom
line is it undermines the bill. It does not belong here. And it is a
step that previous Congresses, previous Presidents have not chosen to
take because of the sensitivity of the material and the unique role
that the select committees on intelligence play.
  Therefore, I hope my colleagues on both sides of the aisle will
reject this amendment. I urge them to do so.
  I yield back the balance of my time.
  The Acting CHAIR. All time for debate on the amendment has expired.
  Mr. ANDREWS. Is it in order to propound a unanimous consent request
at this point?
  The Acting CHAIR. Any request to extend time must be congruent on
both sides.
  Mr. ANDREWS. I would make a unanimous consent request to extend for
each side 1 minute.
  The Acting CHAIR. Is there objection to the request of the gentleman
from New Jersey?
  There was no objection.
  Mr. ANDREWS. I would yield 1 minute to the Speaker of the House, the
gentlewoman from California (Ms. Pelosi).
  Ms. PELOSI. I thank the gentleman for yielding and his leadership on
this important bill before us.
  I commend Congresswoman Eshoo for her attention to this important
matter, her leadership in bringing this amendment to the floor.
  Mr. Chairman, as you all know, protecting American people is our
first responsibility. Their security is what we take an oath to uphold,
protect, and defend. In order to do that, we recognize the importance
of intelligence gathering to preventing violence and to protecting the
American people, especially in this age when we're fighting terrorism
at home and abroad.
  The issue before us is if the responsibilities of Congress can be
honored without the knowledge that we are entitled to. This is a very
important issue. We all recognize, as the gentleman said, the
importance of having information be kept secret when it's in our
national security interest to do so. Not to overdo that to the extent
of having Congress not have the information it needs to do its job of
proper oversight to protect the American people.
  We are preventing harm. And if we're going to prevent harm, we have
to have information to do so. And the members of the Intelligence
Committee have a responsibility to hold that information close. This
doesn't apply to every piece of information of intelligence that comes
to the committee, but it does say that the GAO has a proven track
record of conducting thorough and professional investigations. Their
work has informed the Congress and led to significant changes that have
enhanced our government's effectiveness. GAO staff are professionals
who protect information held by the intelligence community. A vote for
this amendment is a vote for enhancing intelligence oversight. It is a
vote for Congress.

[[Page H4035]]

  I urge our colleagues to support the Eshoo amendment.
  Mr. THORNBERRY. Mr. Chairman, I certainly agree with the
distinguished Speaker about the importance of our role in national
security and the importance of Congress' role in overseeing the
intelligence community. I agree that national security is the first job
of the Federal Government.
  I also agree with both the gentleladies from California that
oversight can be improved from the Congress. As a matter of fact, I've
had legislation, which has not been allowed to be voted on the floor,
to make clear the notification requirements and statute about what any
administration must notify Congress about, the information it must give
us.
  I'd also have to point out that the
9/11 Commission made a number of very important recommendations on how
we can improve oversight in this Congress. Unfortunately, that have not
been adopted. Now, they adopted a kind of a hybrid panel of the
Appropriations Committee, but that was not at all what the 9/11
Commission, the WMD Commission recommend we do to improve oversight.
  I think we should focus on making our committees of oversight more
effective rather than bringing in this other entity, the General
Accounting Office, that has historically never had a role with the
intelligence community, and that the President says he will veto the
bill over if we allow it to happen.
  Let's look at ourselves, improve ourselves first before we start
bringing in others.
  Mr. TOWNS. Mr. Chair, as Chairman of the Oversight and Government
Reform Committee, I support the amendment offered by Ms. Eshoo because
it will strengthen government accountability and enhance critical
oversight of the intelligence community. The amendment provides
necessary clarification regarding the authority of the General
Accountability Office, GAO, to receive information from the
intelligence community. Congress relies on the GAO as a force
multiplier in carrying out the investigative and oversight functions
vested in the Legislative Branch. The GAO helps inform the Congress and
all Executive agencies about areas and programs within the federal
government that are performing well, and those that need to be improved
or are vulnerable to waste, fraud, and abuse.
  This amendment will allow GAO to carry out these vital functions
without unwarranted interference from intelligence community agencies.
As Acting Comptroller General Gene Dodaro previously noted, this
authority does not represent an overhaul of existing oversight
mechanisms for the intelligence community. Instead, ``The proposed
legislative provisions in essence reaffirm GAO's existing authority in
order to address the lack of cooperation GAO has received from certain
elements of the IC [intelligence community] in carrying out work at the
specific request of the intelligence committees, and other committees
of jurisdiction as defined by the rules of the Senate and House.'' The
intelligence community will function more effectively, and better
protect the security of this country if this amendment is adopted.
  Despite my strong support for the amendment and its important goals,
I should note my concern with the way in which the amendment is
drafted. This provision should clearly identify the authority of any
committee of Congress with jurisdiction over the identified subject to
request evaluation or analysis of an intelligence community component,
not only the congressional intelligence committees, except in the case
of matters concerning intelligence sources and methods.
  I thank Ms. Eshoo and the other sponsors of this important amendment
for bringing it before the House, and I urge all Members to support it.
  Mr. THORNBERRY. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Eshoo).
  The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
  Mr. THORNBERRY. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.

[...]
                 Amendment No. 42 Offered by Ms. Eshoo

  The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from
California (Ms. Eshoo) on which further proceedings were postponed and
on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 218,
noes 210, not voting 10, as follows:

                             [Roll No. 315]

                               AYES--218

     Ackerman
     Aderholt
     Adler (NJ)
     Andrews
     Arcuri
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castor (FL)
     Chandler
     Christensen
     Chu
     Clarke
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costa
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutch
     Dingell
     Doggett
     Doyle
     Driehaus
     Duncan
     Edwards (MD)
     Ehlers
     Ellison
     Engel
     Eshoo
     Faleomavaega
     Farr
     Fattah
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gordon (TN)
     Grayson
     Green, Al
     Hall (NY)
     Hare
     Harman
     Heinrich
     Herseth Sandlin
     Higgins
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kingston
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Matheson
     Matsui
     McCarthy (NY)
     McClintock
     McCollum
     McDermott
     McGovern
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Paul
     Payne
     Pelosi
     Perlmutter
     Peters
     Petri
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rangel
     Richardson
     Rodriguez
     Rohrabacher
     Rothman (NJ)
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Slaughter
     Smith (WA)
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Walz
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--210

     Akin
     Alexander
     Altmire
     Austria
     Baca
     Bachmann
     Bachus
     Barrett (SC)
     Bean
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carney
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Clay
     Cleaver
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Costello
     Crenshaw
     Culberson
     Dahlkemper
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Djou
     Donnelly (IN)
     Dreier
     Edwards (TX)
     Ellsworth
     Emerson
     Etheridge
     Fallin
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Granger
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (TX)
     Halvorson
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hill
     Himes
     Hinojosa
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins

[[Page H4062]]


     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     King (IA)
     King (NY)
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McCotter
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Ortiz
     Owens
     Pastor (AZ)
     Paulsen
     Pence
     Perriello
     Peterson
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rahall
     Rehberg
     Reichert
     Reyes
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Roybal-Allard
     Royce
     Salazar
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Sires
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Stearns
     Sullivan
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Visclosky
     Walden
     Wamp
     Watt
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Boren
     Brown-Waite, Ginny
     Davis (AL)
     Davis (KY)
     Graves
     Hastings (FL)
     Melancon
     Pierluisi
     Ryan (WI)
     Sablan


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in
this vote.

                              {time}  2134

  Messrs. LEWIS of California, CLEAVER, BOCCIERI, and DICKS changed
their vote from ``aye'' to ``no.''
  Messrs. MOLLOHAN and CAPUANO changed their vote from ``no'' to
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.