[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 Chairman, I ask unanimous consent that the demand for a recorded vote on amendment No. 81 be withdrawn.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.'' ____________________