the Senate ~~ CONGRESS 6/18 ~~ the House

The Senate stands adjourned until 9:30am on Wednesday, June 18, 2014.

Following any Leader remarks, the Senate will resume consideration of the motion to proceed to H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill, which will be the legislative vehicle used for the Commerce, Science, and Justice (CJS); Transportation, HUD (THUD); and the Agriculture appropriations bills.

All time during the adjournment will count post-cloture on the motion to proceed to H.R.4660. We hope to begin consideration of the bill during Wednesday’s session. Senators will be notified when votes are scheduled.

11:03am The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #740 Salvador Mendoza, Jr., of Washington, to be United States District Judge for the Eastern District of Washington;

Confirmed: 92-4.

The remaining votes in this series will be 10 minute votes.

Confirmation of Executive Calendar #741 Staci Michelle Yandle, of Illinois, to be United States District Judge for the Southern District of Illinois,
Confirmation of Executive Calendar #778 Darrin P. Gayles, of Florida, to be United States District Judge for the Southern District of Florida,
Cloture on Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General. If cloture is invoked on the Kazik nomination, there would be up to 8 hours for debate equally divided prior to a vote on confirmation of the nomination.

11:34am The Senate began a 10 minute roll call vote on confirmation of Calendar #741 Staci Michelle Yandle, of Illinois, to be United States District Judge for the Southern District of Illinois.

Confirmed: 52-44

At 11:54am, the Senate began a 10-minute roll call vote on confirmation of Executive Calendar #778 Darrin P. Gayles, of Florida, to be United States District Judge for the Southern District of Florida.

Confirmed: 98-0

At 12:10pm, the Senate began a 10-minute roll call vote on the motion to invoke cloture on Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General.

Invoked: 54-43

Cloture was invoked on the Kadzik nomination by a vote of 54-43. There is now up to 8 hours for debate equally divided and controlled prior to a vote on confirmation of the nomination. Following the remarks of Senators Murray and Thune, the Senate will recess until 2:15pm to allow for the weekly caucus meetings. The time during the recess will count post-cloture on the Kadzik nomination and the time during the recess will be equally divided.

When a vote on confirmation of the Kadzik nomination is set, another message will be sent.

This afternoon, Senator Portman asked unanimous consent the Armed Services Committee be discharged from further consideration of S.Res.469, the Senate proceed to its consideration , the preamble be agreed to and the resolution be agreed to.

S.Res.469 is a resolution expressing the sense of the Senate on May 31, 2014, transfer of five detainees from the detention facility at United States Naval Station, Guantanamo Bay, Cuba. (Portman and others)

Senator Levin objected to the request.

The unofficial transcript of the exchange is below.

MR. PORTMAN: I RISE TODAY TO PUT THE SENATE ON RECORD ON

SOMETHING VERY IMPORTANT AND THAT IS SPEAKING TO THE DECISION

BY THE OBAMA ADMINISTRATION TO RELEASE FIVE TOP TALIBAN LEADERS

FROM GUANTANAMO BAY WITHOUT CONSULTING CONGRESS, AS REQUIRED BY

LAW. A DECISION THAT I BELIEVE ENDANGERS THE LIVES OF AMERICAN

PERSONNEL, NOT TO MENTION THE COUNTLESS AFGHANS AND THE SUCCESS

OF OUR MISSION IN AFGHANISTAN. IT’S BEEN WELL REPORTED IN THE

PRESS THAT THIS RELEASE WAS DONE WITHOUT CONSULTING CONGRESS OR

CONGRESSIONAL LEADERS ON EITHER SIDE OF THE AISLE, REPUBLICAN OR

BEFORE SUCH ACTION IS TAKEN, A REQUIREMENT THAT’S CONTAINED

BOTH IN AN AUTHORIZATION BILL CALLED THE 2004 NATIONAL DEFENSE

AUTHORIZATION ACT, AND A SPENDING BILL, THE CONSOLIDATED

APPROPRIATIONS ACT OF 2014, BOTH OF WHICH, BY THE WAY, MR.

PRESIDENT, PASSED CONGRESS WITH BIG BIPARTISAN MAJORITIES, BOTH

WERE BIPARTISAN BILLS AND THERE WAS A BIPARTISAN CONSENSUS

ABOUT HAVING THIS NOTIFICATION. DESPITE CEPHAL CHOSED-DOOR

BRIEFINGS AND PUBLIC COMMENTS FROM THE ADMINISTRATION SINCE WE

LEARNED OF THE RELEASE, THE ADMINISTRATION HAS BEEN UNABLE TO

PROVIDE ANY LEGITIMATE JUSTIFICATION FOR VIOLATING THE

REQUIREMENT AND FOR FAILING TO CONSULT WITH CONGRESS. I BELIEVE

THE PRESIDENT’S CONDUCT RAISES A LOT OF QUESTIONS AND QUESTIONS

WHICH SHOULD CONCERN EVERY MEMBER OF THIS BODY, BOTH SIDES OF

THE AISLE. IT’S NOT A PARTISAN ISSUE, NOR IS IT ABOUT WHAT KIND

OF SOLDIER SERGEANT BOW BERGDAHL MAY HAVE BEEN. THAT’S NOT WHAT

THIS IS B I

–THAT’S NOT WHAT THIS IS ABOUT. I TRUST THE ARMY WILL HANDLE

THAT MATTER. THIS IS ABOUT OUR ROLE IN THE U.S. CONGRESS AND

ABOUT OUR NATIONAL SECURITY. IT IS ABOUT PROTECTING OUR MEN AND

WOMEN IN AFGHANISTAN AND IRAQ. IT IS ABOUT MAKING SURE OUR

GAINS WILL NOT BE SQUANDERED, AS WE’RE SEEING TODAY IN THE

COUNTRY OF IRAQ. CONGRESS ENACTED THE BIPARTISAN NOTICE

REQUIREMENT TO SECURE THOSE INTERESTS AND PREVENT THE RELEASE

OF DANGEROUS TERRORISTS WHO WERE HIKELY TO REJOIN — LIKELY TO

REJOIN THE FIGHT. IT REQUIRES THE PRESIDENT TO GIVE A DETAILED

JUSTIFICATION FOR THE RELEASE OF DETAINEES FROM GUANTANAMO BAY.

WHY SUCH A RELEASE IS IN THE COUNTRY’S NATIONAL SECURITY

INTERESTS, WHAT ACTIONS THE ADMINISTRATION WILL TAKE TO NOTIFY

US AND PROVIDE A JUSTIFICATION FOR THE RELEASE AND THE

CONDITIONS OF THAT RELEASE. I BELIEVE HAD THE PRESIDENT

FOLLOWED THE LAW, MADE THE DANGERS — MAYBE THE DANGERS IMPOSED

BY THIS DECISION MAY HAVE BEEN AVOIDED ALTOGETHER. CONCERNS

WERE MADE ON BOTH SIDES OF THE AISLE. BECAUSE MAKE NO MISTAKE

THESE FIVE MEN WHO WERE RELEASED ARE DANGEROUS. DON’T TAKE MY

WORD FOR IT. THIS IS WHAT THE ADMINISTRATION HAS SAID

REPEATEDLY. I WAS THERE IN A HEARING BEFORE THE SENATE ARMED

SERVICES COMMITTEE IN 2012. I WAS A MEMBER OF THE COMMITTEE AT

THAT TIME. CHAIRMAN LEVIN, WHO IS HERE WITH US TODAY, ASKED

SOME VERY GOOD QUESTIONS, INCLUDING QUESTIONS TO JAMES CLAPPER. WHAT DID MR. CLEARP SAY?

HE REITERATED A 2010 ADMINISTRATION ASSESSMENT THAT THESE FIVE

TALIBAN LEADERS, THESE SAME FIVE WHO WERE JUST RELEASED, POSED

A HIGH RISK OF RETURNING TO THE FIGHT. ON THIS VERY POINT,

DIRECTOR CLAPPER DID NOT EQUIVOCATE SAYING, “I DO NOT THINK

ANYONE HARBORS ANY ILLUSIONS ABOUT THESE FIVE TALIBAN MEMBERS

WHANGDZ THEY MIGHT DO IF THEY WERE TRANSFERRED.” THIS WAS SWORN

TESTIMONY BEFORE OUR COMMITTEE. EVEN IF HE PRESIDENT ADMITS

THAT THERE IS, AS HE HAS SAID, “ABSOLUTELY A RISK THAT THESE

MEN WILL RETURN TO THE BATTLEFIELD” — THE PRESIDENT SAYS THAT

NOW — THESE MEN WERE SENIOR MEMBERS OF THE TALIBAN. THEY

INCLUDE THE TALIBAN DEPUTY DEFENSE MINISTER, THE DEPUTY

MINISTER OF THE INTERIOR, SOME WERE CLOSELY ASSOCIATED WITH

OSAMA BIN LADEN OR AL QAEDA. TWO WERE WANTED BY THE UNITED

NATIONS FOR WAR CRIMES. YET DESPITE THESE RED FLASHINGS WHICH

ACCORDING TO REPORTS IN THE PRESS WERE REITERATED DURING

INTERNAL WHITE HOUSE DEBATES OVER THE TRANSFER, PRESIDENT OBAMA

RELEASED THESE MEN ANYWAY WITHOUT FOLLOWING THE NOTICE PROVIDED

UNDER THE LAW. WE NEED TO KNOW WHY. WE NEED TO KNOW WHAT

SECURITY RISKS THESE FIVE INDIVIDUALS POSE. WE NEED TO KNOW

WHAT MEASURES WERE PUT IN PLACE TO MITIGATE THAT RISK. I DON’T

KNOW WHY ANY MEMBER OF THIS BODY WOULD OPPOSE GOING ON RECORD

SAYING THAT THE LAW WAS VIOLATED AND SEEKING ANSWERS TO THESE

GOOD QUESTIONS. I AM GOING TO ASK FOR UNANIMOUS CONSENT ON A

RESOLUTION THAT I HAVE OFFERED AND THAT MANY OF MY COLLEAGUES

HAVE COSPONSORED CALLING ON CONGRESS THROUGH REGULAR ORDER TO

INVESTIGATE THE DECISION TO AUTHORIZE THIS RELEASE. THIS

RESOLUTION HAS A VERY NARROW PURPOSE. IT ONLY SEEKS TO ENSURE

THAT WHEN CONGRESS SPEAKS — AND I REMIND YOU, THIS PROVISION

ON GUANTANAMO PASSED IN ON OVERWHELMING BIPARTISAN MANNER –

THAT WHEN THE CONGRESS SPEAKS, THE PRESIDENT LISTENS. NO MATTER

WHAT PARTY THE PRESIDENT IS FROM, OUR ENTIRE CONSTITUTIONAL

BALANCE DEPENDS ON ADHERENCE TO THE RULE OF LAW. BUT THIS IS

ABOUT MORE THAN THE PRESIDENT IGNORING CONGRESS. THE AMERICAN

PEOPLE ARE THE ONES WHO DESERVE THESE ANSWERS. WE’RE THEIR

REPRESENTATIVES. THAT’S WHY THAT PROVISION WAS PUT IN PLACE. SO

THAT WE REPRESENTING THEM COULD GIVE THE PRESIDENT BETTER

ADVICE. BUT THE AMERICAN PEOPLE DESERVE THESE ANSWERS. SOCIETY

DO, BY THE WAY, OUR — SO DO, BY THE WAY, OUR MEN AND WOMEN IN

UNIFORM WHO CONTINUE TO THOUGHT THEIR LIVES ON THE LINE EVERY

DAY. ALREADY SINCE THE RELEASE OF THESE DETAINEES EIGHT

AMERICAN SERVICEMEN HAVE LOST THEIR LIVES IN AFGHANISTAN. WE

STILL HAVE OVER 30,000 TROOPS IN THE THEATER, 30,000 AMERICANS

PUTTING THEIR LIVES ON THE LINE FOR US EVERY DAY. I THINK A LOT

OF THEM ARE WONDERING, WHAT WAS THE JUSTIFICATION?

WHY?

WHAT EFFECT WOULD IT HAVE ON THEM AND THEIR SAFETY?

ONE CAN HARDLY DOUBT THAT THE ADMINISTRATION’S DECISION TO

RELEASE THESE TALIBAN LEADERS WILL PUT EVEN MORE AMERICANS AT

RISK. AND WE SHOULD BE UNDER NO ILLUSIONS. IF WE TAKE NO

ACTION, I DO NOT BELIEVE THIS WILL BE THE LAST UNLAWFUL

TRANSFER OF DETAINEES FROM GUANTANAMO BAY. IF WE DON’T SPEAK

AND GO ON THE RECORD AND SAY, WAIT A MINUTE, WE HAVE A LAW

HERE, THIS IS WRONG, WE NEED A JUSTIFICATION, I THINK THE WRONG

MESSAGES WILL BE SENT TO THE ADMINISTRATION. CONGRESS DIDN’T

SEEM TO CARE THAT WE VIOLATED THE APPROPRIATIONS BILL, THE

AUTHORIZATION BILL AND WENT AHEAD. PRESIDENT OBAMA HAS MADE IT

CLEAR THAT CLOSING GUANTANAMO IS ONE OF HIS TOP PRIORITIES. I

UNDERSTAND THAT. BUT HE’S PROVIDED NO SUCH CLARITY ON WHAT HE

INTENDS TO DO WITH THE DANGEROUS MEN WHO ARE HOUSED THERE. MEN

LIKE KHALID SHEIKH MOHAMMED, HE’S THERE. WILL HE BE RELEASED?

INTO WHO’S CUSTODY?

THE TERRORIST KNOWN AS HUMBALI. RAM DID I BIN AL SHAH ABOUT A,

A HIGH-RANKING OPERATIVE. WE ALSO NEED TO REMEMBER WHY WE WENT

TO AFGHANISTAN IN THE FIRST PLACE. OF COURSE, UNDER 9/11, THE

COUNTRY HAD BECOME A HAVEN FOR AL QAEDA, A POWER BASE FOR OSAMA

BIN LADEN, AND A PLACE FROM WHICH TO PLAN AND LAUNCH ATTACKS

AGAINST US, AGAINST THE UNITED STATES AND OUR ALLIES. WE WENT

TO AFGHANISTAN TO SEEK JUSTICE FOR THOSE WHO DIED ON SEPTEMBER

11, BUT WE ALSO WENT TO REMOVE THE TALIBAN FROM POWER, TO FREE

THE AFGHAN PEOPLE AND MAKE SURE THAT IT NEVER BECOME A BASE FOR

TERRORISM. WE MUST NOT BE BLIND TO THE FACT THAT THE TALIBAN

AIMS TO REGAIN AS MUCH POWER AS THEY CAN IN AFGHANISTAN AND

PAKISTAN. THAT MEANS A RETURN TO THE SUPPRESSION OF WOMEN’S

RIGHTS AND MOST IMPORTANT THROIS AND OUR NATIONAL SECURITY, THE

COMPLICIT HARBORING OF AL QAEDA. WE HAVE JUST RETURNED TO THEM

THE LEADERSHIP TEAM TO HELP THEM ACHIEVE THAT GOAL. PRESIDENT

OBAMA TELLS US THE WAR IN AFGHANISTAN IS COMING TO AN END. WE

NEED TO ENSURE THAT THAT END IS ONE OF SUSTAINABLE VICTORY, NOT

DEFEAT. THE DETERIORATING SITUATION WE SEE UNFOLDING BEFORE US

ON OUR TV SETS IN IRAQ TODAY DEMONSTRATES WHAT CAN HAPPEN WITH

WE RUSH TO THE EXITS WITHOUT PREPARING FOR AN APPROPRIATE EXIT.

TODAY THE BLACK FLAG OF RADICAL ISLAM FLIES OVER THE

SECOND-LARGEST CITY IN IRAQ AND OUR MILL AT THAT POINTS ARE

ADVANCING ON BAGHDAD, PROCLAIMING VICTORY IN IRAQ DID NOT MAKE

IT SO. MANY MADE IT CLEAR THAT IF WE FAILED TO MAINTAIN

APPROPRIATE FORCES IN IRAQ TO HELP THE GOVERNMENT TRANSITION

AND ESTABLISH ITS AUTHORITY, THE LONG-TERM STABILITY OF IRAQ

WOULD BE OPEN TO THREATS BY RADICAL GROUPS. WE CHOSE NOT TO

COMPLETE A STATUS OF FORCES AGREEMENT WITH THE MALIKI

GOVERNMENT. PRESIDENT OBAMA DID NOT HEED THE WARPINGS FROM

THOSE WHO SAW THESE THREATS AND UNFORTUNATELY WE’RE SEEING SOME

OF THESE PREDICTIONS COME TRUE. WHATEVER WE DO IN AFGHANISTAN,

I HOPE WE LEARN FROM THE LESSONS OF IRAQ. THE DECISIONS TO

RELEASE HIGH-RANK MEMBERS OF THE TALIBAN WHILE THE FIGHT

AGAINST TALIBAN CONTINUES TO THIS DAY HAS SHAKEN THE TRUST OF

THE AMERICAN PEOPLE, THE TRUST. AFGHAN PEOPLE, AND IT OPENS THE

FACT THAT WHAT WE’RE SEEING IN IRAQ MAY BE A FORESHADOWING OF

AFGHANISTAN’S FUTURE. CONGRESS HAS THE RESPONSIBILITY TO GET TO

THE BOTTOM OF HOW THIS RELEASE HAPPENED AND TO ENSURE THAT IT

DOESN’T HAPPEN AGAIN. HYPOCRITE MY COLLEAGUES ON BOTH SIDES OF

THE AISLE WILL SUPPORT THE RESOLUTION THAT I’VE INTRODUCED SO

THAT WE CAN FULFILL THAT RESPONSIBILITY. MR. PRESIDENT, I SAID

THAT I WAS GOING TO OFFER A UNANIMOUS CONSENT RESOLUTION. I

WILL DO SO NOW. I ASK UNANIMOUS CONSENT THAT THE ARMED SERVICES

COMMITTEE BE DISCHARGED FROM FURTHER CONSIDERATION OF S. RES.

469, THAT THE SENATE PROCEED TO ITS CONSIDERATION, THAT THE

RESOLUTION BE AGREED TO, THE PREAMBLE BE AGREED TO, AND THE

MOTIONS TO RECONSIDER BE LAID ON THE TABLE, WITH NO INTERVENING

ACTION OR DEBATE.

THE PRESIDING OFFICER: IS IS THERE OBJECTION?

THE SENATOR FROM MICHIGAN.

MR. LEVIN: MR. PRESIDENT, AND I DO INTEND TO OBJECT TO THIS

RESOLUTION. IT PREJUDGES THE VERY CONCLUSION THAT THE

RESOLUTION SAYS AND WANTS AN INVESTIGATION TO DETERMINE, CALLS

FOR AN INVESTIGATION BUT THEN IT ALREADY CONCLUDES THAT THE

PRESIDENT VIOLATED THE LAW. THAT IS NOT WHAT I CALL AN

IMPARTIAL INVESTIGATION. THAT’S A RESOLUTION WHICH REACHES A

CONCLUSION WHICH IS PREJUDGING THE VERY INVESTIGATION THAT IT

CALLS FOR. NOW, THERE’S OTHER PROBLEMS HERE AS WELL. MY GOOD

FRIEND FROM OHIO HAS SAID THAT THE PRESIDENT VIOLATED THE LAW

BECAUSE HE DIDN’T GIVE 30 DAYS NOTICE TO THE CONGRESS. INDEED,

THE NATIONAL DEFENSE AUTHORIZATION ACT PROVIDES FOR 30 DAYS

NOTICE. BUT IT ALSO AS A MATTER OF FACT THE PRESIDENT SAID WHEN

HE SIGNED THE NATIONAL DEFENSE AUTHORIZATION ACT THAT IF THERE

WERE NECESSARY CIRCUMSTANCES WHERE THERE WERE NEGOTIATIONS

GOING ON WITH FOREIGN COUNTRIES OR FOREIGN PEOPLE IN TERMS OF

PRESERVING OR SAVING AN AMERICAN LIFE, THAT HE’S NOT GOING TO

BE BOUND BY 30 DAYS’ NOTICE. HE SAID THAT AT THE SIGNING

CEREMONY. NOW, YOU CAN’T CHANGE LAW OF A SIGNING CEREMONY. BUT

WHAT YOU CAN DO AT A SIGNING CEREMONY IS WHAT THIS PRESIDENT

DID. AT THE VERY SIGNING CEREMONY FOR THE VERY ACT THAT THE

PRESIDENT IS RELYING ON, THE PRESIDENT PUT US ON NOTICE THAT

THERE MIGHT BE CIRCUMSTANCES UNDER WHICH HE COULD NOT GIVE 30

DAYS’ NOTICE TO THE CONGRESS. NOW, WHEN HE DID NOT GIVE 30

DAYS’ NOTICE IN THIS CIRCUMSTANCE, HE DID IT ON THE ADVICE OF

COUNSEL, THE DEPARTMENT OF JUSTICE TOLD HIM THAT HE HAS POWERS

AS COMMANDER IN CHIEF UNDER ARTICLE 2. THAT’S PART OF THE LAW

OF THIS LAND. THE LAW OF THIS LAND INCLUDES THE NATIONAL

DEFENSE AUTHORIZATION ACT. AS A MATTER OF FACT, THE PRESIDING

OFFICER IS VERY MUCH AWAY OF THE FACT THAT THE NATIONAL DEFENSE

AUTHORIZATION ACT OF WHICH HE IS SO IMPORTANT A PART IS PART OF

THE LAW OF THIS LAND. SO IS ARTICLE 2 OF THE CONSTITUTION,

WHICH GIVES THE COMMANDER IN CHIEF CERTAIN POWERS. AND THE

DEPARTMENT OF JUSTICE SAID THAT HE COULD USE THOSE POWERS TO

NOT GIVE 30 DAYS’ NOTICE BECAUSE IT COULD JEOPARDIZE THE LIFE

OF AN AMERICAN CITIZEN. NOW, MAYBE THERE’S THOSE THAT ARGUE

THAT’S OKAY. FOLLOW THE AUTHORIZATION LAW INSTEAD OF ARTICLE 2

BECAUSE THE AUTHORIZATION LAW SOMEHOW OR OTHER HAS PRECEDENCE

OVER ARTICLE 2, WHICH IT DOESN’T. ARTICLE 2 IS PART OF THE

CONSTITUTION. BUT THE AUTHORIZATION ACT ITSELF WAS SAID TO BE

SUBJECT TO ARTICLE 2 POWERS OF THE PRESIDENT WHEN HE SIGNED THE

VERY ACT. AND SO WHAT HAPPENED?

THE PRESIDENT DECIDED, BECAUSE OF THE EX-INCH ENSIS OF THESE

CIRCUMSTANCES, WHETHER YOU AGREE TO OR DON’T AGREE WITH THE

DETAILS OF THE DEAL — THAT’S ONE ISSUE. PEOPLE WITH DISAGREE

WITH THAT ALL THEY WANT. ONCE THE PRESIDENT DECIDED HE WAS

GOING TO MAKE THAT DEAL AND SAVE THAT LIFE AND NOT JEOPARDIZE

THAT LIFE BY WAITING 30 DAYS, AT THAT POINT THE QUESTION IS,

WAS THAT ILLEGAL?

THAT’S WHAT A COURT COULD DECIDE, IF IT SO CHOSE, AS TO WHETHER

OR NOT A PRESIDENT COULD USE ARTICLE 2 POWERS IN ORDER TO ACT

QUICKLY TO SAVE AN AMERICAN LIFE. AND SO I THINK THAT

PREJUDGING THIS KIND OF AN ISSUE WITH THE KIND OF INVESTIGATION

THAT WOULD PREJUDGE IT — BECAUSE THAT’S PART OF THE RESOLUTION

ITSELF — IS NOT WHAT THIS SENATE SHOULD BE DOING. AND, BY THE

WAY, DURING THAT 30-DAY PERIOD, THE PRESIDENT WOULD HAVE HAD TO

OF NOT JUST WAITED 30 DAYS, HE WOULD HAVE ALSO HAD TO MADE ALL

KINDS OF DETAILED AND SUBSTANTIVE CLASSIFIED NOTEIFICATIONS. HE

WOULD HAVE HAD TO HAVE MADE CERTAIN KINDS OF FINDINGS, A

DETAILED STATEMENT OF THE BASIS FOR THE TRANSFER OF RELEASE, AN

EXPLANATION OF WHY THE TRANSFERS OF RELEASE IS IN THE NATIONAL

SECURITY INTERESTS OF THE UNITED STATES, A DESCRIPTION OF ANY

ACTIONS TAKEN TO MITIGATE THE RISKS. HE WOULD HAVE HAD TO HAVE

DONE ALL OF THAT BEFORE HE WAS ABLE TO EXECUTE THE TRANSFER OF

AN AMERICAN CITIZEN FOR THE SAFETY OF THIS COUNTRY. NOW, THE

PRESIDENT DID DO ALL OF THOSE THINGS IMMEDIATELY AFTER HE MADE

THE DECISION TO AFNLGT SO WE GOT ALL OF THAT NOTIFICATION. THAT

IS REQUIRED BY LAW. BUT WE DIDN’T GET IT 30 DAYS IN ADVANCE.

BECAUSE OF THE JEEP DHAI WOULD HAVE BEEN CREATED TO AN AMERICAN

LIFE. AND AGAIN PEOPLE ARE GOING TO DISAGREE AS TO WHETHER OR

NOT THIS AGREEMENT SHOULD HAVE BEEN

BUT THAT’S A VERY DIFFERENT ISSUE AS TO WHETHER OR NOT WE

SHOULD PREJUDGE AS TO WHETHER OR NOT THE PRESIDENT, WHO ACTED

UNDER HIS ARTICLE 2 POWERS AND TOLD US HE MIGHT WHEN HE SIGNED

THIS BILL, ACTED ILLEGALLY. AND THAT’S WHAT THIS RESOLUTION

SAYS HAPPENED. THE PRESIDENT ACTED ILLEGALLY AND PREJUDGES AN

INVESTIGATION. AND I THINK FOR A NUMBER OF REASONS IT IS

INAPPROPRIATE FOR US TO ADOPT THIS RESOLUTION, AND SO I WILL

OBJECT.

MR. PORTMAN: MR. PRESIDENT?

THE PRESIDING OFFICER: THE SENATOR FROM OHIO.

MR. PORTMAN: IT IS UNFORTUNATE WE CAN’T FIND AT LEAST AT THIS

POINT BIPARTISAN AGREEMENT ON SOMETHING AS STRAIGHTFORWARD AS

THIS. TO MY FRIEND FROM MICHIGAN, I WOULD SAY A COUPLE OF

THINGS. ONE, THIS RESOLUTION DOES NOT PREJUDGE THE

INVESTIGATION. THE RESOLUTION DOES NOT TALK ABOUT THE

PRESIDENT’S ARTICLE 2 POWERS. IT VERY CLEARLY SAYS THE

TRANSFERS OF THESE DETAINEES VIOLATED THE NATIONAL DEFENSE

AUTHORIZATION ACT LEGISLATION THAT YOU BROUGHT TO THE FLOOR AND

THE APPROPRIATIONS BILL. THAT’S WHAT IT SAYS. SO THAT IS CLEAR

BY THE VERY LANGUAGE IN THOSE BILLS, THAT IT DOES VIOLATE THOSE

BILLS. IT DOESN’T TALK ABOUT THE CONSTITUTIONAL AUTHORITIES THE

PRESIDENT MAY HAVE. IT DOES SAY THAT IT VIOLATES THE CLEAR

TERMS OF THIS LEGISLATION. IT DOES NOT PREJUDGE THE

INVESTIGATION, WHICH IS INTO WHY. WITH AGAIN THE INTENT OF

TRYING TO KEEP THIS FROM HAPPENING AGAIN. AND I DO THINK THE

PRESIDENT COULD HAVE USED REASONED JUDGMENT FROM PEOPLE WHO

HAVE BEEN AROUND FOR AWHILE, MAYBE EVEN SENATOR LEVIN, WHO HAS

STRONG VIEWS ON THESE NATIONAL SECURITY MATTERS AND WAS

INVOLVED EARLIER IN HEARINGS THAT I WAS IN WHERE UNDER OATH

ADMINISTRATION OFFICIALS TALKED ABOUT HOW DANGEROUS THESE VERY

MEN WERE. SECOND, SENATOR LEVIN IS CORRECT WHEN HE SAYS THE

PRESIDENT CAN’T CHANGE THE LAW, AND THAT’S WHAT WE’RE SAYING.

HE CAN’T CHANGE THE LAW. IF HE DIDN’T BELIEVE THAT THIS LAW WAS

APPROPRIATE, HE SHOULD HAVE VETOED IT. AND HE’S DONE THAT IN

THE PAST, AS HAVE OTHER PRESIDENTS, VETOED LEGISLATION THEY

DIDN’T AGREE WITH. I DO BELIEVE THAT UNDER ARTICLE 2, THAT

CHAIRMAN LEVIN IS CORRECT THAT THE PRESIDENT DOES HAVE CERTAIN

AUTHORITIES. AND THAT’S WHY WE WERE VERY CAREFUL WHEN WE

DRAFTED THIS LEGISLATION, THIS RESOLUTION, TO SAY THIS SAYS

THAT THE CONGRESS SHALL GO ON RECORD ESTABLISHING THAT UNDER

THE CLEAR TERMS OF THESE TWO LAWS THAT WERE PASSED BY THE

CONGRESS, SIGNED INTO LAW BY THE PRESIDENT, THE PRESIDENT DID

NOT FOLLOW THE TERMS OF THOSE LAWS. THAT’S CLEAR. THE

INVESTIGATION THEN IS INTO WHY. AND THE ARMED SERVICES

COMMITTEE WOULD HAVE THE ABILITY TO DO THAT. BY THE WAY, TODAY

I KNOW MANY ARE CELEBRATING THE CAPTURE OF AHMED ABU KHATALLA,

ONE OF THE TERRORISTS WHO ATTACKED THE AMERICAN COMPOUND IN

BENGHAZI. AND I AM GLAD TO HEAR THAT WE HAVE CAPTURED HIM AND

UNDERSTAND HE MIGHT BE ON HIS WAY BACK TO THE UNITED STATES OF

AMERICA. IT’S INTERESTING BECAUSE WE GOT NOTICE. I DON’T KNOW

IF THE CHAIRMAN WAS NOTIFIED. THAT WASN’T REQUIRED BY LAW, BY

THE WAY. IT’S JUST COMMON PRACTICE THAT THAT HAPPENS WHEN YOU

HAVE A RELATIONSHIP BETWEEN THE ADMINISTRATION AND CONGRESS

THAT IT’S CONFIDENTIAL. WE WERE NOTIFIED OF COURSE WITH REGARD

TO THE BIN LADEN CAPTURE. I CAN’T IMAGINE THE BIN LADEN CAPTURE

WAS ANY LESS SENSITIVE OR ANY DIFFERENT IN KIND TO MAKE IT

SOMETHING THAT WE COULD DO NOTIFICATION ON AND COULDN’T DO IT

ON THE RELEASE OF THESE FIVE DETAINEES FROM GUANTANAMO. SO THIS

IS SOMETHING THAT I THINK IS VERY REASONABLE. WE’RE ASKING FOR

JUSTIFICATION NOT AFTER THE DECISION IS MADE. THAT’S NOT WHAT

THE LEGISLATION SAYS. IT SAYS BEFORE THE DECISION IS MADE SO

THAT CONGRESS CAN HAVE THE OPPORTUNITY TO DISCUSS THIS WITH THE

PRESIDENT AND TO MAKE SURE THAT IN FACT WE ARE PROCEEDING

APPROPRIATELY WITH THESE VERY DANGEROUS DETAINEES AT

GUANTANAMO. I WOULD AGAIN MAKE THE POINT THAT SOME OF THESE

DETAINEES WERE — DETAINEES AT GUANTANAMO RIGHT NOW ARE PEOPLE

WHO LIKE IN THE CASE OF THESE FIVE TALIBAN ARE CONSIDERED TO BE

EXTREMELY DANGER. I WOULD ASK THE QUESTION, IF CONGRESS IS ON

RECORD SAYING WE EXPECT THE LAW TO BE FOLLOWED HERE AND THE

PRESIDENT OUGHT TO NOTIFY CONGRESS BEFORE WE RELEASE THESE

PEOPLE, WHAT’S GOING TO HAPPEN WITH KHALID SHEIK HUMID?

WHAT’S GOING TO HAPPEN — KHALID SHAKE MUHAMMAD?

WHAT’S GOING TO HAPPEN WITH HUMBALI?

THESE ARE ALSO PEOPLE WHO ARE AT GUANTANAMO. THE PRESIDENT SAYS

HE WANTS TO SHUT IT DOWN. I THINK THE LEGISLATION THAT SENATOR

LEVIN AND OTHERS DRAFTED WHICH, BY THE WAY, WAS LEGISLATION

THAT CHANGED OVER TIME. IT EVOLVED. THE TPHOEUFGS — THE

NOTIFICATION WAS A SLIGHT REQUIREMENT ON THE PRESIDENT COMPARED

TO THE PREVIOUS LEGISLATION WHEN I WAS ON THE ARMED SERVICES

COMMITTEE WITH CHAIRMAN LEVIN. THIS WAS SOMETHING THAT WE

THOUGHT ABOUT. WE DECIDED NOTIFICATION WAS APPROPRIATE.

NOTIFYING CONGRESS AND PROVIDING DETAILED JUSTIFICATION, IT’S

NOT TOO MUCH TO ASK. AGAIN, MR. PRESIDENT, WE REQUIRE THE

PRESIDENT TO CONSULT WITH CONGRESS BEFORE RELEASING GUANTANAMO

DETAINEES. WE SPOKE WITH ONE VOICE HERE IN THE UNITED STATES

CONGRESS. THE PRESIDENT IGNORED THAT LEGAL REQUIREMENT. HE

IGNORED THE VOICE OF CONGRESS, IGNORED THE LAW. IF WE’RE NOT

GOING TO HOLD HIM ACCOUNTABLE, I DON’T KNOW WHO WILL. AGAIN,

WHAT DOES IT SAY ABOUT THE SEPARATION OF POWERS ENSHRINED IN

OUR CONSTITUTION, WHICH SIMPLY SAYS CONGRESS HAS A ROLE AS ONE

OF THE BRANCHES OF GOVERNMENT. NO DECLARATION, NO

INVESTIGATION, NO RECOURSE. I DON’T THINK THAT’S GOING TO BE

HELPFUL IN TERMS OF ENSURING THAT BALANCE OF POWER CONTINUES

AND THAT, AGAIN, WE DON’T HAVE THIS SITUATION RECUR AS THE

PRESIDENT IS TALKING ABOUT SHUTTING DOWN GUANTANAMO BAY AND

RELEASING OTHER DETAINEES. I HOPE MY FRIENDS ON THE OTHER SIDE

OF THE AISLE WILL RECONSIDER THEIR COURSE OF ACTION TODAY AND

TAKE A CAREFUL LOOK AT THIS RESOLUTION WHICH WAS CAREFULLY

DRAFTED INCLUDING NOT TO IMPINGE ON THE PRESIDENT’S

CONSTITUTIONAL POWERS UNDER ARTICLE 2. I THINK THE STAKES ARE

SIMPLY TOO HIGH TO DO OTHERWISE. I YIELD BACK MY TIME.

THE PRESIDING OFFICER: THE SENATOR FROM MICHIGAN.

MR. LEVIN: MR. PRESIDENT, THANK YOU. AND I THANK MY FRIEND FROM

OHIO. MR. PRESIDENT, FIRST OF ALL, WHAT THE RESOLUTION SAYS,

LET ME READ THE RESOLUTION. “CONGRESS SHOULD INVESTIGATE THE

ACTIONS TAKEN BY PRESIDENT OBAMA AND HIS ADMINISTRATION THAT

LED TO THE UNLAWFUL TRANSFER OF SUCH DETAINEES.” SO WHEN MY

FRIEND SAYS IT DOESN’T SAY, DOESN’T PREJUDGE THAT IT WAS

UNLAWFUL, BY ITS VERY TERMS IT SAYS “INVESTIGATE THE ACTIONS

TAKEN BY PRESIDENT OBAMA THAT LED TO THE UNLAWFUL TRANSFER OF

SUCH DETAINEES.” THAT’S WHAT THE RESOLUTION SAYS. SECONDLY, THE

POINT THAT THE RESOLUTION MAKES NO REFERENCE TO ARTICLE 2. MY

FRIEND SAYS THAT, AND HE’S ACCURATE IN THAT REGARD. THAT’S THE

PROBLEM. WHAT’S MISSING IS WHAT THE PRESIDENT WAS ADVISED HE

COULD DO, ACT UNDER HIS ARTICLE 2 POWERS, AND WHAT THE

PRESIDENT SAID HE WOULD DO WHEN HE SIGNED THIS BILL. THIRD, THE

FACT THAT WE WERE NOTIFIED OF BIN LADEN’S CAPTURE, I DON’T KNOW

HOW MANY OF US WERE NOTIFIED, BUT IT SURE WASN’T 30 DAYS BEFORE

HE WAS CAPTURED IF IT WAS AT ALL. THAT’S THE ISSUE HERE. NOT

WHETHER OR NOT THE PRESIDENT SHOULD HAVE NOTIFIED. AND, BY THE

WAY, I THINK HE COULD HAVE DONE A BETTER JOB OF NOTIFYING

CONGRESS. THAT’S NOT THE QUESTION. THE QUESTION IS WHETHER OR

NOT HE HE ACTED ILLEGALLY, AS THE RESOLUTION SAYS HE DID,

BECAUSE HE DIDN’T FOLLOW THE 30-DAY NOTICE REQUIREMENT WHICH,

IN HIS JUDGMENT AND I THINK A LOT OF OTHER PEOPLE’S JUDGMENTS,

INCLUDING MINE, WOULD HAVE JEOPARDIZED THE LIFE OF AN AMERICAN

CITIZEN. SO HE ACTED UNDER ARTICLE 2 POWERS TO AVOID THAT

JEOPARDY. AND THERE IS NO REFERENCE TO ARTICLE 2 IN HERE. THERE

IS NO REFERENCE TO THE FACT THAT THE DEPARTMENT OF JUSTICE

INFORMED THE PRESIDENT HE COULD ACT WITHOUT ABIDING BY A 30-DAY

PROVISION IF HE ACTED UNDER HIS ARTICLE 2 POWER TO SAVE THE

LIFE OF AN AMERICAN CITIZEN. THERE ARE MANY REASONS THAT THIS

RESOLUTION — THERE’S MANY PROBLEMS THAT IT SEEMS TO ME THIS

RESOLUTION DOES NOT FAIRLY ADDRESS OR RESOLVE, AND THAT IS THE

REASON THAT I OBJECT. ONE OTHER THING, AND THAT IS MY FRIEND

FROM OHIO MADE REFERENCE TO JAMES CLAPPER WHO IS THE DIRECTOR

OF NATIONAL INTELLIGENCE. DIRECTOR CLAPPER SUPPORTS THE DEAL

THAT WAS MADE RELATIVE TO THIS TRANSFER, AS DOES GENERAL

DEMSEY, THE CHAIRMAN OF THE JOINT CHIEF OF STAFFS; AND ADMIRAL

WINIFELD, THE VICE CHAIRMAN OF THE JOINT CHIEFS. I YIELD THE

FLOOR.

At 4:45pm today, there will be a series of 2 roll call votes on the following items:

Confirmation of Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General; and
Cloture on the motion to proceed to Calendar #428, H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill, which will be the legislative vehicle used for the Commerce, Science, and Justice (CJS); Transportation, HUD (THUD); and the Agriculture appropriations bills.

4:47pm The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #572 Peter Joseph Kadzik, of New York, to be an Assistant Attorney General;

Confirmed: 55-43

Cloture on the motion to proceed to Calendar #428, H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill, which will be the legislative vehicle used for the Commerce, Science, and Justice (CJS); Transportation, HUD (THUD); and the Agriculture appropriations bills.

5:13pm The Senate began a 15 minute roll call vote on the motion to proceed to Calendar #428, H.R.4660, the Commerce, Science, Justice and Related Agencies Appropriations bill;

Invoked: 95-3

Cloture was invoked on the motion to proceed to H.R.4660, CJS appropriations, by a vote of 95-3. There will now be up to 30 hours of post-cloture debate on the motion to proceed. We hope to be able to yield back some of the post-cloture debate time and begin consideration of the bill tomorrow. There will be no further roll call votes today.

WRAP UP

No Roll Call Votes

Legislative items

Passed S.1237, the Omnibus Territories Act with a committee-reported substitute amendment and a Murkowski amendment.

Began the Rule 14 process of S.2491, To protect the Medicare program under title XVIII of the Social Security Act with respect to reconciliation involving changes to the Medicare program (Pryor) in order to place the bill on the Legislative Calendar.

No Executive items

=====================================================

Last Floor Action:6/17
7:23:44 P.M. – The House adjourned.

The next meeting is scheduled for 10:00 a.m. on June 18, 2014.

10:00:20 A.M.		The House convened, starting a new legislative day.
10:00:43 A.M.		The Speaker designated the Honorable Doug LaMalfa to act as Speaker pro tempore for today.
10:00:55 A.M.		MORNING-HOUR DEBATE – The House proceeded with Morning-Hour Debate. At the conclusion of Morning-Hour, the House will recess until 12:00 p.m. for the start of legislative business.
10:30:07 A.M.		The Speaker announced that the House do now recess. The next meeting is scheduled for 12:00 P.M. today.
12:00:49 P.M.		The House convened, returning from a recess continuing the legislative day of June 18.
12:01:00 P.M.		Today’s prayer was offered by Rabbi Michael Lotker, Temple Ner Ami, Camarillo, CA.
12:02:03 P.M.		The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved.
12:02:11 P.M.		PLEDGE OF ALLEGIANCE – The Chair designated Mr. Marchant to lead the Members in reciting the Pledge of Allegiance to the Flag.
12:03:12 P.M.		INTRODUCTION OF THE GUEST CHAPLAIN – The Chair recognized Rep. Brownley (CA) for the purpose of introducing the Guest Chaplain.
12:04:13 P.M.		ONE MINUTE SPEECHES – The House proceeded with one minute speeches.
12:21:51 P.M.		The House received a message from the Clerk. Pursuant to the permission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representatives, the Clerk notified the House that she had received the following message from the Secretary of the Senate on June 18, 2014, at 10:37 a.m.: That the Senate concurred in the House amendment to S. 1254.
12:22:07 P.M.	H. Res. 628	Considered as privileged matter. H. Res. 628 — “Providing for consideration of the bill (H.R. 4870) making appropriations for the Department of Defense for the fiscal year ending September 30, 2015, and for other purposes, and providing for consideration of the Senate amendments to the bill (H.R. 3230) making continuing appropriations during a Government shutdown to provide pay and allowances to members of the reserve components of the Armed Forces who perform inactive-duty training during such period.”
12:25:50 P.M.	H. Res. 628	DEBATE – The House proceeded with one hour of debate on H. Res. 628.
12:58:30 P.M.	H. Res. 628	The previous question was ordered without objection.
1:23:34 P.M.	H. Res. 628	On agreeing to the resolution Agreed to by the Yeas and Nays: 244 – 163 (Roll no. 315).
1:23:35 P.M.	H. Res. 628	Motion to reconsider laid on the table Agreed to without objection.
1:28:29 P.M.	H.R. 3230	Mr. Miller (FL) moved that the House concur in the Senate amendment to the title of H.R. 3230 and concur in the Senate amendment to the text of H.R. 3230 with the amendment printed in House Report 113-475.
1:29:29 P.M.	H.R. 3230	DEBATE – The House proceeded with 1 hour of debate on the Miller (FL) motion that the House concur in the Senate amendment to the title of H.R. 3230 and concur in the Senate amendment to the text of H.R. 3230 with the amendment printed in House Report 113-475.
1:30:29 P.M.	H.R. 3230	The previous question was ordered pursuant to the rule.
1:31:29 P.M.	H.R. 3230	On motion to concur in the Senate amendment to the title of H.R. 3230 and concur in the Senate amendment to the text of H.R. 3230 with the amendment printed in House Report 113-475. Agreed to by voice vote.
1:31:30 P.M.	H.R. 3230	Mr. Miller (FL) moved that the House insist upon its amendment to the Senate amendments, and request a conference
1:32:30 P.M.	H.R. 3230	On motion that the House insist upon its amendment to the Senate amendments, and request a conference Agreed to by voice vote.
1:33:05 P.M.	H.R. 3230	Ms. Sinema moved that the House instruct conferees.
1:33:12 P.M.	H.R. 3230	DEBATE – The House proceeded with 1 hour of debate on the Sinema motion to instruct conferees on H.R. 3230. The instructions contained in the motion seek to require the managers on the part of the House to recede from the House amendment and concur in the Senate amendment.
2:15:13 P.M.	H.R. 3230	The previous question was ordered without objection.
2:41:13 P.M.	H.R. 3230	On motion that the House instruct conferees Failed by the Yeas and Nays: (Roll no. 316).
2:42:13 P.M.	H.R. 3230	Speaker appointed conferees for consideration of the House amendment and the Senate amendment, and modifications committed to conference: Miller (FL), Lamborn, Roe (TN), Flores, Benishek, Coffman, Wenstrup, Walorski, Michaud, Brown (FL), Takano, Brownley (CA), Kirkpatrick, and Walz.
2:43:21 P.M.	H.R. 4870	Considered under the provisions of rule H. Res. 628. H.R. 4870 — “Making appropriations for the Department of Defense for the fiscal year ending September 30, 2015, and for other purposes.”
2:43:26 P.M.	H.R. 4870	Rule provides for consideration of Senate amendments to H.R. 3230 to H.R. 4870. After general debate on H.R. 4870, it shall be considered for amendment under the five-minute rule. It shall also be in order to consider the Senate amendments to H.R. 3230.
2:43:42 P.M.	H.R. 4870	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 628 and Rule XVIII.
2:43:42 P.M.	H.R. 4870	The Speaker designated the Honorable Chris Collins to act as Chairman of the Committee.
2:43:56 P.M.	H.R. 4870	GENERAL DEBATE – The Committee of the Whole proceeded with one hour of general debate on H.R. 4870.


3:46:31 P.M.	H.R. 4870	An amendment, offered by Mr. Gohmert, to increase funds for the National Guard Personnel, Army by $41,492,000 and reduce funds for Operation and Maintenance, Defense-Wide by a similar amount.
3:46:40 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Gohmert amendment, pending reservation of a point of order.
3:52:47 P.M.	H.R. 4870	Mr. Frelinghuysen raised a point of order against the Gohmert amendment. Mr. Frelinghuysen stated that the provisions of the amendment provide for a net increase in budget outlays of the bill. The Chair sustained the point of order.
3:53:09 P.M.	H.R. 4870	An amendment, offered by Mr. Gohmert, to increase funds for the National Guard Personnel, Army by $41,492,000 and reduce funds for Operation and Maintenance, Defense-Wide by $57 million.
3:53:20 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Gohmert amendment, pending reservation of a point of order.
3:55:54 P.M.	H.R. 4870	Mr. Frelinghuysen raised a point of order against the Gohmert amendment. Mr. Frelinghuysen stated that the provisions of the amendment provide for a net increase in budget outlays of the bill. The Chair sustained the point of order.
4:01:59 P.M.	H.R. 4870	An amendment, offered by Ms. Lee (CA), to reduce funds for Operation and Maintenance, Defense-Wide by $5,000,000 and increase funds for the Defense Health Program by the same amount.
4:02:02 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Lee (CA) amendment, pending the reservation of a point of order. The point of order was subsequently withdrawn.
4:05:46 P.M.	H.R. 4870	On agreeing to the Lee (CA) amendment; Agreed to by voice vote.
4:06:17 P.M.	H.R. 4870	An amendment, offered by Mr. Lamborn, to redirect funds within the Operation and Maintenance, Defense-Wide account.
4:06:18 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Lamborn amendment.
4:12:56 P.M.	H.R. 4870	On agreeing to the Lamborn amendment; Failed by voice vote.
4:13:10 P.M.	H.R. 4870	An amendment, offered by Ms. Jackson Lee, to reduce funds for Operation and Maintenance, Defense-Wide by $500,000 and increase funds for the Defense Health Program by the same amount.
4:13:14 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment, pending the reservation of a point of order. The point of order was subsequently withdrawn.
4:19:50 P.M.	H.R. 4870	On agreeing to the Jackson Lee amendment; Agreed to by voice vote.
4:20:14 P.M.	H.R. 4870	An amendment, offered by Mr. Lamborn, to reduce funds for Operation and Maintenance, Defense-Wide by $5,000,000 and increase funds for Operation and Maintenance, Army National Guard by the same amount.
4:20:17 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Lamborn amendment.
4:22:30 P.M.	H.R. 4870	On agreeing to the Lamborn amendment; Agreed to by voice vote.
4:22:40 P.M.	H.R. 4870	An amendment, offered by Mr. Jeffries, to reduce funds for Operation and Maintenance, Defense-Wide by $10,000,000 and increase funds for the Defense Health Program by the same amount.
4:22:42 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Jeffries amendment.
4:26:54 P.M.	H.R. 4870	On agreeing to the Jeffries amendment; Agreed to by voice vote.
4:27:11 P.M.	H.R. 4870	An amendment, offered by Mr. McKinley, to redirect funds in the Operation and Maintenance, Defense-Wide account by $21,000,000.
4:27:12 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the McKinley amendment.
4:32:53 P.M.	H.R. 4870	On agreeing to the McKinley amendment; Agreed to by voice vote.
4:33:15 P.M.	H.R. 4870	An amendment, offered by Mr. McGovern, to reduce funds for Operation and Maintenance, Defense-Wide by $3,500,000 and increase funds for the Defense Health Program by the same amount.
4:33:16 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the McGovern amendment.
4:39:02 P.M.	H.R. 4870	On agreeing to the McGovern amendment; Agreed to by voice vote.
4:39:52 P.M.	H.R. 4870	<action_description>An amendment, offered by Mr. Benishek, to reduce funds for Operation and Maintenance, Defense-Wide by $2,000,000 and increase funds for the Defense Health Program by the same amount.
4:39:55 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Benishek amendment.
4:43:14 P.M.	H.R. 4870	On agreeing to the Benishek amendment; Agreed to by voice vote.
4:43:44 P.M.	H.R. 4870	An amendment, offered by Mr. Kildee, to increase funds for Operation and Maintenance, Defense-Wide by $10,000,000 and reduce funds for Aircraft Procurement, Navy by $50,000,000.
4:43:45 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Kildee amendment.
4:46:52 P.M.	H.R. 4870	By unanimous consent, the Kildee amendment was withdrawn.
4:47:21 P.M.	H.R. 4870	An amendment, offered by Mr. Gohmert, to reduce funds for Operation and Maintenance, Defense-Wide by $35,956,000 and increase funds for Drug Interdiction and Counter-Drug Activities, Defense by the same amount.
4:47:24 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Gohmert amendment.
4:57:01 P.M.	H.R. 4870	POSTPONED PROCEEDINGS – At the conclusion of debate on the Gohmert amendment, the Chair put the question on agreeing to the amendment, and by voice vote, announced the noes had prevailed. Mr. Gohmert demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
4:57:34 P.M.	H.R. 4870	Mr. Frelinghuysen moved that the committee rise.
4:57:45 P.M.	H.R. 4870	On motion that the committee rise Agreed to by voice vote.
4:57:55 P.M.	H.R. 4870	Committee of the Whole House on the state of the Union rises leaving H.R. 4870 as unfinished business.
4:58:28 P.M.		Mr. Sessions filed a report from the Committee on Rules on H. Res. 629.
4:59:19 P.M.	H.R. 4870	Considered as unfinished business. H.R. 4870 — “Making appropriations for the Department of Defense for the fiscal year ending September 30, 2015, and for other purposes.”
4:59:28 P.M.	H.R. 4870	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
5:00:24 P.M.	H.R. 4870	An amendment, offered by Mr. Ellison, to redirect funds within the Operation and Maintenance, Defense-Wide account by $10,000,000.
5:00:25 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Ellison amendment.
5:03:50 P.M.	H.R. 4870	On agreeing to the Ellison amendment; Agreed to by voice vote.
5:04:19 P.M.	H.R. 4870	An amendment, offered by Mr. Runyan, to reduce funds for Operation and Maintenance, Defense-Wide by $6,000,000 and increase funds for Other Procurement, Air Force by the same amount.
5:04:20 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Runyan amendment.
5:06:24 P.M.	H.R. 4870	On agreeing to the Runyan amendment; Agreed to by voice vote.
5:06:32 P.M.	H.R. 4870	An amendment, offered by Mr. Delaney, to reduce funds for Operation and Maintenance, Defense-Wide by $24,000,000 and increase funds for a grant to the Fisher House Foundation , Inc. by $16,000,000.
5:06:34 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Delaney amendment.
5:11:04 P.M.	H.R. 4870	On agreeing to the Delaney amendment; Agreed to by voice vote.
5:11:13 P.M.	H.R. 4870	An amendment, offered by Mr. Lowenthal, to redirect funds within the Operation and Maintenance, Defense-Wide account by $5,000,000.
5:11:14 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Lowenthal amendment.
5:15:53 P.M.	H.R. 4870	On agreeing to the Lowenthal amendment; Agreed to by voice vote.
5:16:10 P.M.	H.R. 4870	An amendment, offered by Mr. Grayson, to reduce funds for Operation and Maintenance, Defense-Wide by $10,000,000 and to increase funds for the Defense Health Program by a the same amount.
5:16:31 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Grayson amendment.
5:17:55 P.M.	H.R. 4870	On agreeing to the Grayson amendment; Agreed to by voice vote.
5:19:56 P.M.	H.R. 4870	An amendment, offered by Mr. Murphy (PA), to reduce funds for Environmental Restoration, Air Force by $37,000,000 and increase funds for the Defense Health Program by $10,000,000.
5:19:58 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Murphy (PA) amendment.
5:25:00 P.M.	H.R. 4870	On agreeing to the Murphy (PA) amendment; Agreed to by voice vote.
5:25:27 P.M.	H.R. 4870	An amendment, offered by Mr. Blumenauer, numbered 4 printed in the Congressional Record to increase funding for Environmental Restoration, Formerly Used Defense Sites, by $3,400,000 and reduce funds for Research, Development, Test and Evaluation, Air Force, by the same amount.
5:25:28 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Blumenauer amendment No. 4.
5:33:46 P.M.	H.R. 4870	POSTPONED PROCEEDINGS – At the conclusion of debate on the Blumenauer amendment, the Chair put the question on agreeing to the amendment, and by voice vote, announced the noes had prevailed. Mr. Blumenauer demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
5:36:01 P.M.	H.R. 4870	An amendment, offered by Mr. Kildee, to reduce funds for Aircraft Procurement, Navy by $20,000,000 and increase funds in the Defense Health Program by the same amount.
5:36:02 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Kildee amendment.
5:44:04 P.M.	H.R. 4870	On agreeing to the Kildee amendment; Failed by voice vote.
5:46:57 P.M.	H.R. 4870	An amendment, offered by Ms. Jackson Lee, to reduce funds for Procurement, Defense-Wide by $5,000,000 and to increase funds for the Defense Health Program by the same amount.
5:46:58 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment.
5:50:06 P.M.	H.R. 4870	On agreeing to the Jackson Lee amendment; Agreed to by voice vote.
5:52:14 P.M.	H.R. 4870	An amendment, offered by Mr. Garamendi, to reduce funds for Research, Development, Test and Evaluation, Air Force by $15,600,000 and increase funds in the spending reduction account by the same amount.
5:52:15 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Garamendi amendment, pending the reservation of a point of order.
5:56:01 P.M.	H.R. 4870	By unanimous consent, the Garamendi amendment was withdrawn.
5:56:21 P.M.	H.R. 4870	An amendment, offered by Mr. Coffman, numbered 5 printed in the Congressional Record to increase funding for Research, Development, Test and Evaluation, Air Force, by $15,722,00 and to apply the savings to the Spending Reduction Account.
5:56:26 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Coffman amendment No. 5.
6:00:48 P.M.	H.R. 4870	On agreeing to the Coffman amendment; Failed by voice vote.
6:01:00 P.M.	H.R. 4870	An amendment, offered by Mr. Nugent, to redirect $10 million within the Air Force Research, Development, Test and Evaluation account from Directed Energy Technology to Advanced Weapons Technology.
6:01:02 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Kildee amendment.
6:07:35 P.M.	H.R. 4870	On agreeing to the Nugent amendment; Agreed to by voice vote.
6:08:01 P.M.	H.R. 4870	An amendment, offered by Mr. Grayson, to reduce the funds for Research, Development, Test and Evaluation, Defense-Wide by $10 million and to increase funds for Defense Health Program, Operation and Maintenance by a similar amount.
6:08:04 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Grayson amendment.
6:10:05 P.M.	H.R. 4870	On agreeing to the Grayson amendment; Agreed to by voice vote.
6:12:40 P.M.	H.R. 4870	An amendment, offered by Mr. Holt, to redirect $1 million in the Defense Health Program, Research, Development, Test and Evaluation account.
6:12:50 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment.
6:14:22 P.M.	H.R. 4870	On agreeing to the Holt amendment; Agreed to by voice vote.
6:14:58 P.M.	H.R. 4870	An amendment, offered by Mr. Langevin, to redirect $30 million in the Defense Health Program, Research, Development, Test and Evaluation account.
6:15:10 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Langevin amendment.
6:20:33 P.M.	H.R. 4870	On agreeing to the Langevin amendment Agreed to by voice vote.
6:22:56 P.M.	H.R. 4870	An amendment, offered by Mr. Holt, redirects $2 million for waste, fraud, and abuse investigations in the Intelligence Community Management Account.
6:23:00 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment.
6:26:30 P.M.	H.R. 4870	On agreeing to the Holt amendment; Agreed to by voice vote.
6:57:11 P.M.	H.R. 4870	An amendment, offered by Mr. Daines, to strike the provisions of Section 8132 which instruct the section continue in effect through the date of enactment of an Act authorizing appropriations for fiscal year 2015 for military activities of the Department of Defense.
6:57:14 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Daines amendment.
7:04:31 P.M.	H.R. 4870	aOn agreeing to the Daines amendment; Agreed to by voice vote.
7:04:43 P.M.	H.R. 4870	An amendment, offered by Mr. Nadler, to strike Section 8132.
7:05:46 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment.
7:08:40 P.M.	H.R. 4870	POSTPONED PROCEEDINGS – At the conclusion of debate on the Nadler amendment, the Chair put the question on agreeing to the amendment, and by voice vote, announced the noes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
7:17:29 P.M.	H.R. 4870	An amendment, offered by Mr. Garamendi, to prohibit use of funds for research, development, test or evaluation for the F-35 Joint Strike Fighter to modify the F-35 Joint Strike Fighter in a manner that provides B-61 delivery capability until the date that a report has been delivered to the Congressional defense committees outlining costs and capabilities.
7:19:41 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Garamendi amendment, pending reservation of a point of order.
7:24:25 P.M.	H.R. 4870	Mr. Frelinghuysen raised a point of order against the Garamendi amendment. Mr. Frelinghuysen stated that the provisions of the Garamendi amendment sought to change existing law and constituted legislation in an appropriations bill. The Chair sustained the point of order.
7:27:09 P.M.	H.R. 4870	An amendment, offered by Mr. Cole, to prohibit use of funds to provide housing on a military installation to an alien (as defined in the Immigration and Nationality Act) who is either an unaccompanied minor or not a dependent of a member of the Armed Forces.
7:27:12 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Cole amendment, pending reservation of a point of order.
7:33:57 P.M.	H.R. 4870	By unanimous consent, the Cole amendment was withdrawn.
7:34:42 P.M.	H.R. 4870	An amendment, offered by Mr. Grayson, to prohibit use of funds to enter into a contract with any offeror that has been convicted of misconduct such as theft, forgery, bribery, or violating Federal criminal tax laws.
7:34:52 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Grayson amendment.
7:36:38 P.M.	H.R. 4870	On agreeing to the Grayson amendment; Agreed to by voice vote.
7:37:34 P.M.	H.R. 4870	An amendment, offered by Mr. Grayson, to prohibit use of funds by an officer, employee, or contractor of the intelligence community to subvert or interfere with the integrity of any cryptographic standard that is proposed, developed, or adopted by the National Institute of Standards and Technology.
7:37:37 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Grayson amendment, pending reservation of a point of order.
7:38:46 P.M.	H.R. 4870	Mr. Frelinghuysen raised a point of order against the Grayson amendment. Mr. Frelinghuysen stated that the provisions of the Grayson amendment sought to change existing law and constituted legislation in an appropriations bill. The Chair sustained the point of order.
7:41:15 P.M.	H.R. 4870	An amendment, offered by Mrs. Walorski, to prohibit use of funds to transfer or release to the Republic of Yemen (or any entity within Yemen) a detainee who is or was held, detained, or otherwise in the custody of DOD on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba.
7:41:20 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Walorski amendment.
7:49:20 P.M.	H.R. 4870	POSTPONED PROCEEDINGS – At the conclusion of debate on the Walorski amendment, the Chair put the question on agreeing to the amendment, and by voice vote, announced the ayes had prevailed. Mr. Visclosky demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
7:50:27 P.M.	H.R. 4870	An amendment, offered by Mr. Nolan, to prohibit use of funds for the “Afghanistan Infrastructure Fund”.
7:50:30 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 268, the Committee of the Whole proceeded with 10 minutes of debate on the Nolan amendment.
7:52:59 P.M.	H.R. 4870	On agreeing to the Nolan amendment; Agreed to by voice vote.
7:53:18 P.M.	H.R. 4870	An amendment, offered by Mrs. Miller (MI), to prohibit use of funds to divest, retire, transfer, or place in storage, or prepare to divest, retire, transfer, or place in storage, any A-10 aircraft, or to disestablish any units of the active or reserve component associated with such aircraft.
7:53:20 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 268, the Committee of the Whole proceeded with 10 minutes of debate on the Miller (MI) amendment.
8:03:32 P.M.	H.R. 4870	POSTPONED PROCEEDINGS – At the conclusion of debate on the Miller (MI) amendment, the Chair put the question on agreeing to the amendment, and by voice vote, announced the ayes had prevailed. Mrs. Miller (MI) demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
8:05:07 P.M.	H.R. 4870	An amendment, offered by Mr. Grayson, to prohibit use of funds to make aircraft (including unmanned aerial vehicles), armored vehicles, grenade launchers, silencers, toxocological agents (including chemical agents, biological agents, associated equipment), launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs, mines or nuclear weapons available to local law enforcement agencies.
8:05:10 P.M.	H.R. 4870	DEBATE – Pursuant to the provisions of H. Res. 628, the Committee of the Whole proceeded with 10 minutes of debate on the Grayson amendment, pending reservation of a point of order.
8:11:16 P.M.	H.R. 4870	Mr. Frelinghuysen raised a point of order against the Grayson amendment. Mr. Frelinghuysen stated that the provisions of the Grayson amendment sought to change existing law and constituted legislation in an appropriations bill. The Chair sustained the point of order.
8:12:23 P.M.	H.R. 4870	Mr. Frelinghuysen moved that the Committee rise.
8:12:39 P.M.	H.R. 4870	On motion that the Committee rise Agreed to by voice vote.
8:13:19 P.M.	H.R. 4870	Committee of the Whole House on the state of the Union rises leaving H.R. 4870 as unfinished business.
8:13:29 P.M.		ONE MINUTE SPEECHES – The House proceeded with further one minute speeches.
8:14:39 P.M.		SPECIAL ORDER SPEECHES – The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.