[Congressional Record Volume 151, Number 100 (Thursday, July 21, 2005)]
[House]
[Pages H6293-H6309]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005
The Committee resumed its sitting.
Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, this provides mandatory minimums, which we have
frequently said if it had come up in committee we would have a letter
ready from the Judicial Conference reminding us that mandatory minimums
violate common sense, because if the penalty makes sense, it can be
imposed; if it does not make sense, it has to be imposed anyway.
This amendment is unnecessarily confusing and duplicative of current
law. It is already a crime punishable by 20 years in prison, or life in
prison in some circumstances, to provide material support of any kind
to a terrorist organization or to support a person in carrying out
terrorist acts regardless of how the money came about, whether it was
from drug proceeds or otherwise.
If anyone is engaged in drug trafficking of any significance in order
to support terrorism, they can already be charged with both a drug
offense and the material support of terrorism.
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This might, unfortunately, bring in some small-time dealer that did
not know what he was doing and all of a sudden he is subjected to 20-
year mandatory minimums when he was not much of a dealer at all.
This new crime would substantially broaden the Federal death penalty
in ways that might actually violate the Constitution. For example,
indirect offenses like conspiracy are generally not death eligible, but
financing is more analogous to conspiracy than the direct crimes like
hijacking, bombing or murder by drug king, which are already death
eligible. Drug trafficking and terrorism crimes already carry numerous
penalties for the most egregious offenses, so we do not need them anew
in this case.
Mr. Chairman, I hope we defeat this amendment. We did not put it into
the bill in committee when we would have had an opportunity to ensure
it did not conflict with various other provisions of the law or was
unnecessarily duplicative.
Mr. Chairman, I reserve the balance of my time.
Mr. HYDE. Mr. Chairman, I yield 3 minutes to the gentleman from
Indiana (Mr. Souder).
Mr. SOUDER. Mr. Chairman, I thank the distinguished chairman of the
Committee on International Relations for yielding me this time and for
his continued leadership on narcotics issues as we tackle these
questions at the international level.
The preceding speaker said that some of these amounts might be fairly
small. Well, in Madrid it probably was fairly small. Spanish
authorities have said that the Muslim militant cell exchanged for
hashish and cash to fund it. I do not know how much it was. It probably
was not a truckload of hashish. It may not have been a big thing, but
there are a lot of people dead.
The link between narcotics and terrorism is growing, as the
distinguish chairman pointed out; and we have heard the same thing in
the drug policy subcommittee, and that is anywhere from slightly below
half to slightly over half of the major terrorist organizations in the
world are funded by drugs, most likely heroin and hashish, but also
cocaine.
As we get better at driving them underground, we are going to see an
increase in narcotrafficking and terrorism around the world, as we will
see in human trafficking, as well, as we drive this underground.
As far as mandatory minimums, I hope there are mandatory minimums on
people funding direct terrorist attacks on the United States. If you
are selling drugs, and even inadvertently, and these groups often are
hear no evil, see no evil, and they pretend like they are not involved
in narcotics trafficking, but as they swap with different cells and
work with these cells around the world, I hope they have a mandatory
minimum, if they blow up and terrorize America, terrorize London and
terrorize Spain. We need stiff penalties.
We need to look for these gaps and these holes so we can go after
these groups and break them up. We have had multiple efforts around the
world where we see some of these terrorist organizations starting to
interact with each other. We need to have conspiracy clauses that
enable us, as they start to interconnect from South America, Asia and
the Middle Eastern gangs as they swap cocaine for other things and
convert and move in the underground market. We need to stay up with how
the terrorists are working.
As they start to interconnect, we need laws that can address this,
and I commend the chairman from the Committee on International
Relations with trying to address this rapidly growing threat in all
regions of the world.
I urge this Congress to send a strong message that this needs to be
part of the PATRIOT Act as we look at the international efforts and the
international connection in the funding of terrorism.
Mr. SCOTT of Virginia. Mr. Chairman, I reserve the balance of my
time.
Mr. HYDE. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Daniel E. Lungren).
Mr. DANIEL E. LUNGREN of California. Mr. Chairman, the Hyde amendment
recognizes a new reality in a very real danger that is growing: the
deadly mix of drug trafficking and terrorism. It has now been estimated
that nearly half of the designated foreign terrorist organizations are
involved in the trafficking of illegal drugs. That is illegal drugs
that end up on the streets of our cities, the cities of our allies,
poisoning the fabric of their society and our society.
Terrorists, like old organized crime syndicates from the past, have
recognized that illegally drug trafficking is a valuable source of
financing and just another way to threaten our country. The evidence
linking these two criminal activities is overwhelming. Terrorists in
Afghanistan are now infiltrating and controlling the cultivation of
poppy and ultimately heroin. The deadly bombings in Spain were financed
through drug money. Hezbollah has been linked to drug trafficking from
South America to the Middle East; and of course the Revolutionary Armed
Forces of Colombia has long-standing drug trafficking operations which
fund their deadly activities.
The Hyde amendment simply creates a new Federal crime for the
trafficking of controlled substances which are intended to benefit a
foreign terrorist organization or any other terrorist organization and
imposes a stiff mandatory minimum penalty of 20 years. It is a serious
crime and one that needs to be stopped, and this amendment would do the
job.
I would say that those who have some question about mandatory minimum
penalties, this is hardly the place to object to them. This is really
seriously two crimes: the one of drug trafficking connected with
terrorism. It seems to me this would be precisely the place we would
support mandatory minimum penalties.
I think we should be thanking the gentleman from Illinois (Mr. Hyde)
for bringing this to our attention. Let us remember that since most of
the Afghan heroin goes to Europe and not here to the United States, our
Justice Department and hard-pressed DEA are very limited in going after
the drug dealers and drug lords who facilitate terrorism directed at
our troops. They need some nexus to the drugs coming to the USA.
Please join me in supporting the Hyde amendment. It makes sense. Yes,
it is tough; but we need to be tough in this circumstance.
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Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I would like to respond to the suggestion about
mandatory minimums. This may be a crime where high sentences may be
appropriate; and if they are appropriate in the individual case, they
can be applied.
What the mandatory minimum imposes, whether it makes any sense or
not, whether it violates common sense, it still has to be applied. That
is why we get a letter from the Judicial Conference every time we have
a bill before us with mandatory minimums in it, they remind us that the
mandatory minimums violate common sense.
We also have the opportunity to review the studies that we have seen
that show that mandatory minimums waste taxpayer money, as opposed to
other ways that you can sentence.
Mr. Chairman, I reserve the balance of my time.
Mr. HYDE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, very briefly, a mandatory minimum sentence covers two
crimes. It covers dealing narcotics and facilitating and enabling
terrorism. It seems to me a modest sentence of 20 years for those two
heinous crimes.
There is a definite link between the illicit narcotics trade and the
financing of terrorism. We have taken a focused look at that link, and
this is an attempt to disrupt it and destroy it.
The gentleman from Virginia uses the term ``common sense.'' I think
it is the utmost of common sense for us to address the flourishing of
illicit drug trade and its link with narcoterrorism, so I respectfully
hope that the Members will support this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my
time.
The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment
offered by the gentleman from Illinois (Mr. Hyde).
The amendment was agreed to.
The Acting CHAIRMAN. It is now in order to consider amendment No. 17
printed in House Report 109-178.
Mr. SCOTT of Virginia. Mr. Chairman, a Democratic amendment was
scheduled next, but I believe that amendment is not going to be
offered.
The Acting CHAIRMAN. It is now in order to consider amendment No. 18
printed in House Report 109-178.
Amendment No. 18 Offered by Mr. Sessions
Mr. SESSIONS. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 18 offered by Mr. Sessions:
Add at the end the following:
SEC. 17. INTERFERING WITH THE OPERATION OF AN AIRCRAFT.
Section 32 of title 18, United States Code, is amended--
(1) in subsection (a), by redesignating paragraphs (5),
(6), and (7) as paragraphs (6), (7), and (8) respectively;
(2) by inserting after paragraph (4) of subsection (a), the
following:
``(5) interferes with or disables, with intent to endanger
the safety of any person or with a reckless disregard for the
safety of human life, anyone engaged in the authorized
operation of such aircraft or any air navigation facility
aiding in the navigation of any such aircraft;'';
(3) in subsection (a)(8), by striking ``paragraphs (1)
through (6)'' and inserting``paragraphs (1) through (7)'';
and
(4) in subsection (c), by striking ``paragraphs (1) through
(5)'' and inserting ``paragraphs (1) through (6)''.
The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman
from Texas (Mr. Sessions) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas (Mr. Sessions).
Mr. SESSIONS. Mr. Chairman, I yield myself such time as I may
consume.
I offer a thanks to the gentleman from Wisconsin (Mr. Sensenbrenner),
chairman of the Committee on the Judiciary, and the gentleman from
California (Mr. Dreier), chairman of the Committee on Rules, who made
in order my request for an amendment.
Mr. Chairman, the PATRIOT Act currently makes it a Federal crime to
interfere with any person operating a mass transportation vehicle with
the intent to endanger any passenger or with a reckless disregard for
the safety of human life.
While this clearly applies to passenger aircraft, it fails to protect
other aircraft. The consequences of this oversight were recently
exposed by a widely reported New Jersey laser beam incident. On two
separate occasions, an individual directed a laser beam at the cockpit
of a small passenger airplane and at a Port Authority Police Department
helicopter. Such conduct is extremely dangerous, putting aircraft at
tremendous risk by startling, distracting, and even blinding pilots.
However, when apprehended, this individual was charged only in
connection with the airplane. Although equally in danger, the police
helicopter did not qualify for mass transportation vehicle protection.
Unfortunately, the New Jersey incident was not an isolated instance.
Similar occurrences have happened in Ohio, Texas, Colorado, and Oregon.
Pilots nationwide increasingly are reporting laser-beam interference
during landing approaches, and although no reports have been terrorist-
related to date, there is evidence that terrorists are exploring the
use of similar laser tactics as weapons.
Regardless of intent, we must communicate to the public that aircraft
interference of any kind is unacceptable and will not be tolerated. It
is our duty to give law enforcement the tools it needs to protect
pilots, passengers, and civilians on the ground. The PATRIOT Act has
taken a first step, and now we must tie up these loose ends.
This amendment would simply extend the existing PATRIOT Act passenger
aircraft protections to all aircraft. Just as it is entirely
unacceptable to interfere with the pilot of a passenger aircraft, it is
equally unacceptable to interfere with a pilot of a government or
private aircraft.
Additionally, this amendment would ensure the protection of everyone
engaged in the operation of an aircraft from those in the air to those
navigating on the ground.
Mr. Chairman, this is a commonsense amendment that will improve
aircraft safety. A gap has been exposed in the current law, and now we
have an opportunity to fill that gap.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. SESSIONS. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, let me say that I think the
gentleman from Texas (Mr. Sessions) has spotted a loophole in our
current law and the vulnerability for aircraft that are not passenger
aircraft in nature.
An aircraft that is brought down by a laser will kill people just as
dead if they have passengers on it or if it is a cargo plane or general
aviation aircraft or a government plane. I think people who shine
lasers into cockpits of planes should have to face the music with
criminal charges whether the planes are carrying passengers or not, and
I think the amendment is a good one and ought to be adopted.
Mr. SESSIONS. Mr. Chairman, reclaiming my time, I appreciate the kind
words of the gentleman from Wisconsin and also his words about the need
for this body to adopt this amendment.
Mr. Chairman, we owe it to the pilots to offer them every extension
of protection possible, and I am asking all of my colleagues to protect
aviation in America by supporting this amendment.
Mr. Chairman, I reserve the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Chairman, I ask unanimous consent
to claim the time in opposition, although I do not oppose the
amendment.
The Acting CHAIRMAN. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, although I plan to support this amendment to protect
aircraft in U.S. airspace, I do want to rise and express my
disappointment that the majority refused to accept an amendment that I
offered in committee to further protect civilian aircraft.
In committee, I offered an amendment that would punish those who sell
dangerous 50 caliber sniper rifles to known terrorists. Unfortunately,
some in the majority viewed this as a gun control measure, but it is
not. This is a national security issue.
[[Page H6295]]
Mr. Chairman, 50 caliber anti-armor sniper rifles are an ideal tool
for terrorists because civil aircraft may be vulnerable to them. In
fact, even early promotional materials for the 50 caliber rifle
reference their threat to civilian aircraft. The promotional material
states that the weapon could ``target the compression section of jet
engines making it capable of destroying multimillion aircraft with a
single hit delivered to a vital area.''
The rifle's brochure goes on to say: ``The cost-effectiveness of the
50 caliber cannot be overemphasized when a round of ammunition
purchased for less than $10 can be used to destroy or disable a modern
jet aircraft.''
{time} 1945
Since 9/11 our country has made great efforts to secure our civilian
airplanes and airports. Terrorists will obviously adapt to our tactics;
so it is vital that we plan and think ahead.
It does not take a rocket scientist to figure out that if we make it
difficult to get weapons on a plane or into an airport, terrorists may
look to destroy airplanes from longer distances. That is what the 50
caliber rifle is designed to do. These rifles are accurate at ranges of
at least 1,000 yards and even further in the hands of a trained
marksman. In essence, these weapons could give a terrorist the ability
to take a shot at an aircraft from beyond most airports' security
perimeter.
There is already evidence that terrorists have sought these weapons.
According to the Violence Policy Center, al Qaeda bought twenty-five 50
caliber anti-armor sniper rifles in the 1980s.
My amendment in the Committee on the Judiciary simply said that if
someone sells a 50 caliber sniper rifle to someone who they know is a
member of al Qaeda they have broken the law. That amendment was
defeated, and I think it is a shame. We should have passed my amendment
and made it more difficult for terrorists to get ahold of these
weapons. Unfortunately, we did not do so.
I will certainly support the gentleman's amendment but with regret
that we did not do more.
Mr. Chairman, I reserve the balance of my time.
Mr. SESSIONS. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I want to thank the gentlewoman from California for not
only her words in support of this amendment but also thank this body
for carefully looking at the provisions and amendments adding to this
PATRIOT Act to help keep America safe. I am very proud of this product
that we are working on. I would like to ask all my colleagues to
support the Sessions amendment.
Mr. Chairman, I yield back the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Chairman, I yield back the balance
of my time.
The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment
offered by the gentleman from Texas (Mr. Sessions).
The agreement was agreed to.
The Acting CHAIRMAN. It is now in order to consider amendment No. 19
printed in House Report 109-178.
Amendment No. 19 Offered by Mr. Paul
Mr. PAUL. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 19 offered by Mr. Paul:
Add at the end the following:
SEC. 17. SENSE OF CONGRESS RELATING TO LAWFUL POLITICAL
ACTIVITY.
It is the sense of Congress that the Federal Government
should not investigate an American citizen for alleged
criminal conduct solely on the basis of the citizen's
membership in a non-violent political organization or the
fact that the citizen was engaging in other lawful political
activity.
The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman
from Texas (Mr. Paul) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas (Mr. Paul).
Mr. PAUL. Mr. Chairman, I yield myself 2\1/2\ minutes.
Mr. Chairman, this is a straightforward amendment intended to
modestly improve the PATRIOT Act, and let me just state exactly what it
does. ``It is the sense of Congress that the Federal government should
not investigate any American citizen for alleged criminal conduct
solely on the basis of citizen's membership in a nonviolent political
organization or the fact that the citizen was engaging in other lawful
political activity.''
It seems like this should go without saying. I cannot imagine anybody
disagreeing with this. But our history shows that there has been abuse
in this area. As far back as the Civil War, World War I, and World War
II, very often speaking out on political issues were met with law
enforcement officials actually charging them with crimes and even
having individuals imprisoned. In the 1960s we remember that there was
wiretapping of Martin Luther King and other political organizations. In
the 1970s we know about the illegal wiretapping and other activities
associated with Watergate, and also in the 1990s we are aware of IRS
audits of a political and religious organization based only on the fact
that they were religious and political.
So this is a restatement of a fundamental principle that should be in
our minds and in our law, but I think it is worthwhile to restate. And
I do recognize that in the PATRIOT Act they recognize that the first
amendment should be protected, and in this case I think it is an
additional statement that we should be respectful of people's rights to
speak out and not be singled out for political or religious viewpoints.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. PAUL. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Chairman, I thank the gentleman from Texas for
yielding.
I support this amendment. I think it merely restates the fact that
people who are not involved in criminal or terrorist activities have
nothing to fear from the PATRIOT Act. The first amendment protects free
speech. It protects political association. As long as the political
association is not involved in criminal terrorist activities, we ought
to encourage it even if their views are something that we disagree
with.
The gentleman from Texas has done a very good service to this bill
with this amendment, and I hope it is adopted overwhelmingly.
Mr. PAUL. Mr. Chairman, I reserve the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Chairman, I ask unanimous consent
to claim the time in opposition, although I do not oppose the
amendment.
The Acting CHAIRMAN. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time
as I may consume.
I support the amendment. No American should be investigated solely
for membership in a nonviolent political organization or for engaging
in other lawful political activity. This is important to all of us, but
I wanted to note that in California we recently learned of the danger
of not living up to the standard.
It has been reported by several media sources that the California
National Guard was spying on the Mothers of Dead Soldiers and a group
called the Raging Grannies, who are average age 75 years old, who were
having a peaceful demonstration on the grounds of the State Capital on
Mother's Day. I requested hearings in the Committee on Homeland
Security. I have written to the California National Guard regarding
this very serious allegation of a breach of first amendment protected
activity. Federal funds may have been used.
I will vote for this amendment. It is the right thing, but we also
need to have very aggressive investigative action when we hear about
allegations of misconduct.
Mr. Chairman, I yield 3 minutes to the gentlewoman from Florida (Ms.
Wasserman Schultz), a member of our committee.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I thank the gentlewoman from
California for yielding me this time.
I rise in support of the Paul amendment and, in addition, in
reluctant opposition to H.R. 3199 for several reasons.
Following the terrorist attacks of September 11, I watched as Members
of
[[Page H6296]]
Congress came together in a bipartisan effort to craft legislation
which would, it was argued, strengthen law enforcement's hand in
fighting terrorists. Americans from across the political spectrum were
willing to sacrifice some of the freedoms we cherish to immediately
address security concerns, with the understanding that many provisions
would be revisited and the civil liberty protections that we all hold
so dear would be addressed.
But by making these provisions permanent, without mandatory
congressional review, we placed the very democracy that we hold so dear
in jeopardy. When restricting civil liberties, we should be extremely
careful about forfeiting those freedoms without reviewing the ongoing
need to continue to restrict them.
In these contemporary times, it may be difficult for us to conceive
of the barbarous proceedings of the Salem witch trials. Indeed, they
continue to perplex and horrify those of us who came later. But imagine
if those perceptions and resulting actions were somehow a permanent
part of our society today without an opportunity for review as to their
validity?
If they were, under the PATRIOT Act's intrusive infringement on
America's book purchases and library records, when the most recent
episode in the Harry Potter Book series was released last Friday, we
would have had hundreds of thousands of children ``burned at the
stake.''
And I know this analogy might seem a bit extreme, but that is just
how extreme things can become without proper checks and balances when
restricting our civil liberties and freedoms, which is why we should
support the Paul amendment, because true freedom of expression is an
important thing to preserve.
I am hopeful that when this legislation comes back from conference
that we will have a product that we can all embrace, but today I will
vote for freedom. I will support the Paul amendment and I will vote
against final passage of this version of the bill.
Mr. PAUL. Mr. Chairman, I yield myself such time as I may consume.
I appreciate the support for the amendment on both sides. I would
like to emphasize the fact that there are real reasons for this
concern. There have been reports in the paper of different times when
the FBI has actually intimidated some people at national conventions.
We are aware of the fact that there are at least reports that federal
officials have encouraged local police to actually monitor certain
political groups, and we also are aware of the fact that, because of
political activity, they have been placed on no-fly lists.
But I think this is all reason for concern because we do not want to
give any encouragement to overzealous law enforcement officials. At the
same time we do want to have enforcement of the law.
But very briefly, I would like to say that the full thrust of this
bill bothers me in the fact that I think we are treating a symptom and
we are really not doing dealing with the core problem of why there are
suicide terrorists willing to attack us, and I think as long as that is
ignored we could pass 10 PATRIOT Acts stronger than ever and it will
not solve the problem unless we eventually get to the bottom of what is
the cause.
And, quite frankly, I do not believe the cause is because we are free
and democratic and wealthy. There is no evidence whatsoever to show
that that is the motivation of terrorist attacks. And for us to
continue to believe that is the sole reason for attacks, I think we are
misled. And we are driven to want to protect our people, which I
understand it is well motivated, but it will not solve the problem
unless we eventually address that subject of why does it happen. It is
not because we are free. And, ironically, in many ways we are making
ourselves less free with some of the provisions in this bill.
So I would suggest that ultimately we will have to have another
solution because this will not solve all of our problems.
Mr. Chairman, the USA PATRIOT Act and Terrorism Prevention Act (H.R.
3199) in no way brings the PATRIOT Act into compliance with the
Constitution or allays concerns that the powers granted to the
government in the act will be used to abuse the rights of the people.
Much of the discussion surrounding this bill has revolved around the
failure of the bill to extend the sunset clauses.
However, simply sunsetting troublesome provisions does not settle the
debates around the PATRIOT Act. If the PATRIOT Act is constitutional
and needed, as its proponents swear, why were sunset provisions
included at all? If it is unconstitutional and pernicious, why not
abolish it immediately?
The sunset clauses do perform one useful service in that they force
Congress to regularly re-examine the PATRIOT Act. As the people's
representatives, it is our responsibility to keep a close eye on the
executive branch to ensure it does not abuse its power. Even if the
claims of H.R. 3199's supporters that there have been no abuses of
PATRIOT Act powers under this administration are true, that does not
mean that future administrations will not abuse these powers.
H.R. 3199 continues to violate the constitution by allowing searches
and seizures of American citizens and their property without a warrant
issued by an independent court upon a finding of probable cause. The
drafters of the Bill of Rights considered this essential protection
against an overreaching government. For example, Section 215 of the
PATRIOT Act, popularly known as the libraries provision, allows Foreign
Intelligence Surveillance Courts, whose standards hardly meet the
constitutional requirements of the Fourth Amendment, to issue warrants
for individual records, including medical and library records. H.R.
3199 does reform this provision by clarifying that it can be used to
acquire the records of an American citizen only during terrorist
investigations. However, this marginal change fails to bring the
section up to the constitutional standard of probable cause.
Requiring a showing of probable cause before a warrant may be issued
will in no way hamper terrorist investigations. For one thing, federal
authorities would still have numerous tools available to investigate
and monitor the activities of non-citizens suspected of terrorism.
Second, restoring the Fourth Amendment protections would in no way
interfere with the provisions of the PATRIOT Act that removed the
firewalls that prevented the government's law enforcement and
intelligence agencies from sharing information.
The probable cause requirements will not delay a terrorist
investigation. Preparations can be made for the issuance of a warrant
in the event of an emergency and allowances can be made for cases where
law enforcement does not have time to obtain a warrant. In fact, a
requirement that law enforcement demonstrate probable cause may help
law enforcement focus their efforts on true threats, thus avoiding the
problem of information overload that is handicapping the government's
efforts to identify sources of terrorists' financing.
The requirement that law enforcement demonstrate probable cause
before a judge preserves the Founders' system of checks and balances
that protects against one branch gathering too much power. The Founders
recognized that one of the chief dangers to liberty was the
concentration of power in a few hands, which is why they carefully
divided power among the three branches. I would remind those of my
colleagues who will claim that we must set aside the constitutional
requirements during war that the founders were especially concerned
about the consolidation of power during times of war and national
emergencies. My colleagues should also keep in mind that PATRIOT Act
powers have already been used in non-terrorism related cases, most
notably in a bribery investigation in Nevada.
Mr. Chairman, H.R. 3199 does take some positive steps toward
restoring respect for constitutional liberties and checks and balances
that the original PATRIOT Act stripped away. However, it still leaves
in place large chunks of legislation that threaten individual liberty
by giving law enforcement power to snoop into American citizens' lives
without adequate oversight. This power is unnecessary to effectively
fight terrorism. Therefore, I urge my colleagues to reject this bill.
Mr. Chairman, I yield back the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time
as I may consume.
Although the gentleman from Texas (Mr. Paul) and I do not always vote
together, I think he speaks wisdom this evening on the need to move
beyond the narrow confines of this act. Clearly we do need to and we
have broken down the walls between law enforcement and the intelligence
community so that we can piece together the full picture and connect
the dots. We need to do a much better job of protecting America from
terrorists by taking those steps we can. He is right to offer this
sense of the Congress amendment. We need to have more vigorous action
in addition to the sense of the Congress activity.
All of us believe we ought to fight terrorism. Many of us are
concerned that we have failed to do the balance of
[[Page H6297]]
privacy and the Constitution in some parts of the 16 provisions that
are before us this evening.
As we know, most of the PATRIOT Act is actually not before the House
of Representatives this evening. It is only 16 provisions, and of those
16 provisions, there are concerns about a few of them. But those are
serious concerns, and we believe that those concerns can be dealt with.
We are hopeful that, as this process moves forward, that the Senate
that has taken these issues of civil liberties more to heart on a
bipartisan and I would add unanimous basis may in the end prevail so
that those who are troubled by the failure to really deal with some of
the constitutional issues will in the end be able to support a bill at
least at the end of a conference process.
But I do commend the gentleman for offering his amendment. It does
not solve the other problems, but it is the right thing to do, and I
look forward to supporting it.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. Paul).
The amendment was agreed to.
The Acting CHAIRMAN. It is now in order to consider amendment No. 20
printed in House Report 109-178.
Amendment No. 20 Offered by Mrs. Lowey
Mrs. LOWEY. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 20 offered by Mrs. Lowey:
At the end of the bill, insert the following new sections:
SECTION 10. REPEAL OF FIRST RESPONDER GRANT PROGRAM.
Section 1014 of the USA PATRIOT ACT is amended by striking
subsection (c).
SEC. 11. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General.--The Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by adding at
the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``1801. Definitions.
``1802. Faster and Smarter Funding for First Responders.
``1803. Covered grant eligibility and criteria.
``1804. Risk-based evaluation and prioritization.
``1805. Task Force on Terrorism Preparedness for First Responders.
``1806. Use of funds and accountability requirements.
``1807. National standards for first responder equipment and
training.''.
(2) by adding at the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``SEC. 1801. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the First Responder
Grants Board established under section 1804.
``(2) Covered grant.--The term `covered grant' means any
grant to which this title applies under section 1802.
``(3) Directly eligible tribe.--The term `directly eligible
tribe' means any Indian tribe or consortium of Indian tribes
that--
``(A) meets the criteria for inclusion in the qualified
applicant pool for Self-Governance that are set forth in
section 402(c) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bb(c));
``(B) employs at least 10 full-time personnel in a law
enforcement or emergency response agency with the capacity to
respond to calls for law enforcement or emergency services;
and
``(C)(i) is located on, or within 5 miles of, an
international border or waterway;
``(ii) is located within 5 miles of a facility designated
as high-risk critical infrastructure by the Secretary;
``(iii) is located within or contiguous to one of the 50
largest metropolitan statistical areas in the United States;
or
``(iv) has more than 1,000 square miles of Indian country,
as that term is defined in section 1151 of title 18, United
States Code.
``(4) Elevations in the threat alert level.--The term
`elevations in the threat alert level' means any designation
(including those that are less than national in scope) that
raises the homeland security threat level to either the
highest or second highest threat level under the Homeland
Security Advisory System referred to in section 201(d)(7).
``(5) Emergency preparedness.--The term `emergency
preparedness' shall have the same meaning that term has under
section 602 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195a).
``(6) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence
of emergency personnel, planning, training, and equipment
across a variety of disciplines needed to effectively and
efficiently prevent, prepare for, respond to, and recover
from acts of terrorism consistent with established practices.
``(7) First responder.--The term `first responder' shall
have the same meaning as the term `emergency response
provider'.
``(8) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaskan Native village or regional
or village corporation as defined in or established pursuant
to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601
et seq.), which is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``(9) Region.--The term `region' means--
``(A) any geographic area consisting of all or parts of 2
or more contiguous States, counties, municipalities, or other
local governments that have a combined population of at least
1,650,000 or have an area of not less than 20,000 square
miles, and that, for purposes of an application for a covered
grant, is represented by 1 or more governments or
governmental agencies within such geographic area, and that
is established by law or by agreement of 2 or more such
governments or governmental agencies in a mutual aid
agreement; or
``(B) any other combination of contiguous local government
units (including such a combination established by law or
agreement of two or more governments or governmental agencies
in a mutual aid agreement) that is formally certified by the
Secretary as a region for purposes of this Act with the
consent of--
``(i) the State or States in which they are located,
including a multi-State entity established by a compact
between two or more States; and
``(ii) the incorporated municipalities, counties, and
parishes that they encompass.
``(10) Task force.--The term `Task Force' means the Task
Force on Terrorism Preparedness for First Responders
established under section 1805.
``(11) Terrorism preparedness.--The term `terrorism
preparedness' means any activity designed to improve the
ability to prevent, prepare for, respond to, mitigate
against, or recover from threatened or actual terrorist
attacks.
``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
``(a) Covered Grants.--This title applies to grants
provided by the Department to States, regions, or directly
eligible tribes for the primary purpose of improving the
ability of first responders to prevent, prepare for, respond
to, mitigate against, or recover from threatened or actual
terrorist attacks, especially those involving weapons of mass
destruction, administered under the following:
``(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to
such grant program.
``(3) Law enforcement terrorism prevention program.--The
Law Enforcement Terrorism Prevention Program of the
Department, or any successor to such grant program.
``(b) Excluded Programs.--This title does not apply to or
otherwise affect the following Federal grant programs or any
grant under such a program:
``(1) Nondepartment programs.--Any Federal grant program
that is not administered by the Department.
``(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a).
``(3) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program
and the Urban Search and Rescue Grants program authorized by
title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195 et seq.); the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2000 (113 Stat. 1047 et seq.); and the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
``SEC. 1803. COVERED GRANT ELIGIBILITY AND CRITERIA.
``(a) Grant Eligibility.--Any State, region, or directly
eligible tribe shall be eligible to apply for a covered
grant.
``(b) Grant Criteria.--The Secretary shall award covered
grants to assist States and local governments in achieving,
maintaining, and enhancing the essential capabilities for
terrorism preparedness established by the Secretary.
``(c) State Homeland Security Plans.--
``(1) Submission of plans.--The Secretary shall require
that any State applying to the Secretary for a covered grant
must submit to the Secretary a 3-year State homeland security
plan that--
``(A) describes the essential capabilities that communities
within the State should possess, or to which they should have
access, based upon the terrorism risk factors relevant to
such communities, in order to meet the Department's goals for
terrorism preparedness;
``(B) demonstrates the extent to which the State has
achieved the essential capabilities that apply to the State;
[[Page H6298]]
``(C) demonstrates the needs of the State necessary to
achieve, maintain, or enhance the essential capabilities that
apply to the State;
``(D) includes a prioritization of such needs based on
threat, vulnerability, and consequence assessment factors
applicable to the State;
``(E) describes how the State intends--
``(i) to address such needs at the city, county, regional,
tribal, State, and interstate level, including a precise
description of any regional structure the State has
established for the purpose of organizing homeland security
preparedness activities funded by covered grants;
``(ii) to use all Federal, State, and local resources
available for the purpose of addressing such needs; and
``(iii) to give particular emphasis to regional planning
and cooperation, including the activities of
multijurisdictional planning agencies governed by local
officials, both within its jurisdictional borders and with
neighboring States;
``(F) with respect to the emergency preparedness of first
responders, addresses the unique aspects of terrorism as part
of a comprehensive State emergency management plan; and
``(G) provides for coordination of response and recovery
efforts at the local level, including procedures for
effective incident command in conformance with the National
Incident Management System.
``(2) Consultation.--The State plan submitted under
paragraph (1) shall be developed in consultation with and
subject to appropriate comment by local governments and first
responders within the State.
``(3) Approval by secretary.--The Secretary may not award
any covered grant to a State unless the Secretary has
approved the applicable State homeland security plan.
``(4) Revisions.--A State may revise the applicable State
homeland security plan approved by the Secretary under this
subsection, subject to approval of the revision by the
Secretary.
``(d) Consistency With State Plans.--The Secretary shall
ensure that each covered grant is used to supplement and
support, in a consistent and coordinated manner, the
applicable State homeland security plan or plans.
``(e) Application for Grant.--
``(1) In general.--Except as otherwise provided in this
subsection, any State, region, or directly eligible tribe may
apply for a covered grant by submitting to the Secretary an
application at such time, in such manner, and containing such
information as is required under this subsection, or as the
Secretary may reasonably require.
``(2) Deadlines for applications and awards.--All
applications for covered grants must be submitted at such
time as the Secretary may reasonably require for the fiscal
year for which they are submitted. The Secretary shall award
covered grants pursuant to all approved applications for such
fiscal year as soon as practicable, but not later than March
1 of such year.
``(3) Availability of funds.--All funds awarded by the
Secretary under covered grants in a fiscal year shall be
available for obligation through the end of the subsequent
fiscal year.
``(4) Minimum contents of application.--The Secretary shall
require that each applicant include in its application, at a
minimum--
``(A) the purpose for which the applicant seeks covered
grant funds and the reasons why the applicant needs the
covered grant to meet the essential capabilities for
terrorism preparedness within the State, region, or directly
eligible tribe to which the application pertains;
``(B) a description of how, by reference to the applicable
State homeland security plan or plans under subsection (c),
the allocation of grant funding proposed in the application,
including, where applicable, the amount not passed through
under section 1806(g)(1), would assist in fulfilling the
essential capabilities for terrorism preparedness specified
in such plan or plans;
``(C) a statement of whether a mutual aid agreement applies
to the use of all or any portion of the covered grant funds;
``(D) if the applicant is a State, a description of how the
State plans to allocate the covered grant funds to regions,
local governments, and Indian tribes;
``(E) if the applicant is a region--
``(i) a precise geographical description of the region and
a specification of all participating and nonparticipating
local governments within the geographical area comprising
that region;
``(ii) a specification of what governmental entity within
the region will administer the expenditure of funds under the
covered grant; and
``(iii) a designation of a specific individual to serve as
regional liaison;
``(F) a capital budget showing how the applicant intends to
allocate and expend the covered grant funds;
``(G) if the applicant is a directly eligible tribe, a
designation of a specific individual to serve as the tribal
liaison; and
``(H) a statement of how the applicant intends to meet the
matching requirement, if any, that applies under section
1806(g)(2).
``(5) Regional applications.--
``(A) Relationship to state applications.--A regional
application--
``(i) shall be coordinated with an application submitted by
the State or States of which such region is a part;
``(ii) shall supplement and avoid duplication with such
State application; and
``(iii) shall address the unique regional aspects of such
region's terrorism preparedness needs beyond those provided
for in the application of such State or States.
``(B) State review and submission.--To ensure the
consistency required under subsection (d) and the
coordination required under subparagraph (A) of this
paragraph, an applicant that is a region must submit its
application to each State of which any part is included in
the region for review and concurrence prior to the submission
of such application to the Secretary. The regional
application shall be transmitted to the Secretary through
each such State within 30 days of its receipt, unless the
Governor of such a State notifies the Secretary, in writing,
that such regional application is inconsistent with the
State's homeland security plan and provides an explanation of
the reasons therefor.
``(C) Distribution of regional awards.--If the Secretary
approves a regional application, then the Secretary shall
distribute a regional award to the State or States submitting
the applicable regional application under subparagraph (B),
and each such State shall, not later than the end of the 45-
day period beginning on the date after receiving a regional
award, pass through to the region all covered grant funds or
resources purchased with such funds, except those funds
necessary for the State to carry out its responsibilities
with respect to such regional application: Provided, That in
no such case shall the State or States pass through to the
region less than 80 percent of the regional award.
``(D) Certifications regarding distribution of grant funds
to regions.--Any State that receives a regional award under
subparagraph (C) shall certify to the Secretary, by not later
than 30 days after the expiration of the period described in
subparagraph (C) with respect to the grant, that the State
has made available to the region the required funds and
resources in accordance with subparagraph (C).
``(E) Direct payments to regions.--If any State fails to
pass through a regional award to a region as required by
subparagraph (C) within 45 days after receiving such award
and does not request or receive an extension of such period
under section 1806(h)(2), the region may petition the
Secretary to receive directly the portion of the regional
award that is required to be passed through to such region
under subparagraph (C).
``(F) Regional liaisons.--A regional liaison designated
under paragraph (4)(E)(iii) shall--
``(i) coordinate with Federal, State, local, regional, and
private officials within the region concerning terrorism
preparedness;
``(ii) develop a process for receiving input from Federal,
State, local, regional, and private sector officials within
the region to assist in the development of the regional
application and to improve the region's access to covered
grants; and
``(iii) administer, in consultation with State, local,
regional, and private officials within the region, covered
grants awarded to the region.
``(6) Tribal applications.--
``(A) Submission to the state or states.--To ensure the
consistency required under subsection (d), an applicant that
is a directly eligible tribe must submit its application to
each State within the boundaries of which any part of such
tribe is located for direct submission to the Department
along with the application of such State or States.
``(B) Opportunity for state comment.--Before awarding any
covered grant to a directly eligible tribe, the Secretary
shall provide an opportunity to each State within the
boundaries of which any part of such tribe is located to
comment to the Secretary on the consistency of the tribe's
application with the State's homeland security plan. Any such
comments shall be submitted to the Secretary concurrently
with the submission of the State and tribal applications.
``(C) Final authority.--The Secretary shall have final
authority to determine the consistency of any application of
a directly eligible tribe with the applicable State homeland
security plan or plans, and to approve any application of
such tribe. The Secretary shall notify each State within the
boundaries of which any part of such tribe is located of the
approval of an application by such tribe.
``(D) Tribal liaison.--A tribal liaison designated under
paragraph (4)(G) shall--
``(i) coordinate with Federal, State, local, regional, and
private officials concerning terrorism preparedness;
``(ii) develop a process for receiving input from Federal,
State, local, regional, and private sector officials to
assist in the development of the application of such tribe
and to improve the tribe's access to covered grants; and
``(iii) administer, in consultation with State, local,
regional, and private officials, covered grants awarded to
such tribe.
``(E) Limitation on the number of direct grants.--The
Secretary may make covered grants directly to not more than
20 directly eligible tribes per fiscal year.
``(F) Tribes not receiving direct grants.--An Indian tribe
that does not receive a grant directly under this section is
eligible to receive funds under a covered grant from the
State or States within the boundaries of which any part of
such tribe is
[[Page H6299]]
located, consistent with the homeland security plan of the
State as described in subsection (c). If a State fails to
comply with section 1806(g)(1), the tribe may request payment
under section 1806(h)(3) in the same manner as a local
government.
``(7) Equipment standards.--If an applicant for a covered
grant proposes to upgrade or purchase, with assistance
provided under the grant, new equipment or systems that do
not meet or exceed any applicable national voluntary
consensus standards established by the Secretary, the
applicant shall include in the application an explanation of
why such equipment or systems will serve the needs of the
applicant better than equipment or systems that meet or
exceed such standards.
``SEC. 1804. RISK-BASED EVALUATION AND PRIORITIZATION.
``(a) First Responder Grants Board.--
``(1) Establishment of board.--The Secretary shall
establish a First Responder Grants Board, consisting of--
``(A) the Secretary;
``(B) the Under Secretary for Emergency Preparedness and
Response;
``(C) the Under Secretary for Border and Transportation
Security;
``(D) the Under Secretary for Information Analysis and
Infrastructure Protection;
``(E) the Under Secretary for Science and Technology;
``(F) the Director of the Office for Domestic Preparedness;
``(G) the Administrator of the United States Fire
Administration; and
``(H) the Administrator of the Animal and Plant Health
Inspection Service.
``(2) Chairman.--
``(A) In general.--The Secretary shall be the Chairman of
the Board.
``(B) Exercise of authorities by deputy secretary.--The
Deputy Secretary of Homeland Security may exercise the
authorities of the Chairman, if the Secretary so directs.
``(b) Functions of Under Secretaries.--The Under
Secretaries referred to in subsection (a)(1) shall seek to
ensure that the relevant expertise and input of the staff of
their directorates are available to and considered by the
Board.
``(c) Prioritization of Grant Applications.--
``(1) Factors to be considered.--The Board shall evaluate
and annually prioritize all pending applications for covered
grants based upon the degree to which they would, by
achieving, maintaining, or enhancing the essential
capabilities of the applicants on a nationwide basis, lessen
the threat to, vulnerability of, and consequences for persons
(including transient commuting and tourist populations) and
critical infrastructure. Such evaluation and prioritization
shall be based upon the most current risk assessment
available by the Directorate for Information Analysis and
Infrastructure Protection of the threats of terrorism against
the United States. The Board shall coordinate with State,
local, regional, and tribal officials in establishing
criteria for evaluating and prioritizing applications for
covered grants.
``(2) Critical infrastructure sectors.--The Board
specifically shall consider threats of terrorism against the
following critical infrastructure sectors in all areas of the
United States, urban and rural:
``(A) Agriculture and food.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) The defense industrial base.
``(E) Emergency services.
``(F) Energy.
``(G) Government facilities.
``(H) Postal and shipping.
``(I) Public health and health care.
``(J) Information technology.
``(K) Telecommunications.
``(L) Transportation systems.
``(M) Water.
``(N) Dams.
``(O) Commercial facilities.
``(P) National monuments and icons.
The order in which the critical infrastructure sectors are
listed in this paragraph shall not be construed as an order
of priority for consideration of the importance of such
sectors.
``(3) Types of threat.--The Board specifically shall
consider the following types of threat to the critical
infrastructure sectors described in paragraph (2), and to
populations in all areas of the United States, urban and
rural:
``(A) Biological threats.
``(B) Nuclear threats.
``(C) Radiological threats.
``(D) Incendiary threats.
``(E) Chemical threats.
``(F) Explosives.
``(G) Suicide bombers.
``(H) Cyber threats.
``(I) Any other threats based on proximity to specific past
acts of terrorism or the known activity of any terrorist
group.
The order in which the types of threat are listed in this
paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
``(4) Consideration of additional factors.--The Board shall
take into account any other specific threat to a population
(including a transient commuting or tourist population) or
critical infrastructure sector that the Board has determined
to exist. In evaluating the threat to a population or
critical infrastructure sector, the Board shall give greater
weight to threats of terrorism based upon their specificity
and credibility, including any pattern of repetition.
``(5) Minimum amounts.--After evaluating and prioritizing
grant applications under paragraph (1), the Board shall
ensure that, for each fiscal year--
``(A) each of the States, other than the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands, that
has an approved State homeland security plan receives no less
than 0.25 percent of the funds available for covered grants
for that fiscal year for purposes of implementing its
homeland security plan in accordance with the prioritization
of needs under section 1803(c)(1)(D);
``(B) each of the States, other than the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands, that
has an approved State homeland security plan and that meets
one or both of the additional high-risk qualifying criteria
under paragraph (6) receives no less than 0.45 percent of the
funds available for covered grants for that fiscal year for
purposes of implementing its homeland security plan in
accordance with the prioritization of needs under section
1803(c)(1)(D);
``(C) the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands each receives no less than 0.08
percent of the funds available for covered grants for that
fiscal year for purposes of implementing its approved State
homeland security plan in accordance with the prioritization
of needs under section 1803(c)(1)(D); and
``(D) directly eligible tribes collectively receive no less
than 0.08 percent of the funds available for covered grants
for such fiscal year for purposes of addressing the needs
identified in the applications of such tribes, consistent
with the homeland security plan of each State within the
boundaries of which any part of any such tribe is located,
except that this clause shall not apply with respect to funds
available for a fiscal year if the Secretary receives less
than 5 applications for such fiscal year from such tribes
under section 1803(e)(6)(A) or does not approve at least one
such application.
``(6) Additional high-risk qualifying criteria.--For
purposes of paragraph (5)(B), additional high-risk qualifying
criteria consist of--
``(A) having a significant international land border; or
``(B) adjoining a body of water within North America
through which an international boundary line extends.
``(d) Effect of Regional Awards on State Minimum.--Any
regional award, or portion thereof, provided to a State under
section 1803(e)(5)(C) shall not be considered in calculating
the minimum State award under subsection (c)(5) of this
section.
``SEC. 1805. TASK FORCE ON TERRORISM PREPAREDNESS FOR FIRST
RESPONDERS.
``(a) Establishment.--To assist the Secretary in updating,
revising, or replacing essential capabilities for terrorism
preparedness, the Secretary shall establish an advisory body
pursuant to section 871(a) not later than 60 days after the
date of the enactment of this section, which shall be known
as the Task Force on Terrorism Preparedness for First
Responders.
``(b) Update, Revise, or Replace.--The Secretary shall
regularly update, revise, or replace the essential
capabilities for terrorism preparedness as necessary, but not
less than every 3 years.
``(c) Report.--
``(1) In general.--The Task Force shall submit to the
Secretary, by not later than 12 months after its
establishment by the Secretary under subsection (a) and not
later than every 2 years thereafter, a report on its
recommendations for essential capabilities for terrorism
preparedness.
``(2) Contents.--Each report shall--
``(A) include a priority ranking of essential capabilities
in order to provide guidance to the Secretary and to the
Congress on determining the appropriate allocation of, and
funding levels for, first responder needs;
``(B) set forth a methodology by which any State or local
government will be able to determine the extent to which it
possesses or has access to the essential capabilities that
States and local governments having similar risks should
obtain;
``(C) describe the availability of national voluntary
consensus standards, and whether there is a need for new
national voluntary consensus standards, with respect to first
responder training and equipment;
``(D) include such additional matters as the Secretary may
specify in order to further the terrorism preparedness
capabilities of first responders; and
``(E) include such revisions to the contents of previous
reports as are necessary to take into account changes in the
most current risk assessment available by the Directorate for
Information Analysis and Infrastructure Protection or other
relevant information as determined by the Secretary.
``(3) Consistency with federal working group.--The Task
Force shall ensure that its recommendations for essential
capabilities for terrorism preparedness are, to the extent
feasible, consistent with any preparedness goals or
recommendations of the Federal working group established
under section 319F(a) of the Public Health Service Act (42
U.S.C. 247d-6(a)).
``(4) Comprehensiveness.--The Task Force shall ensure that
its recommendations regarding essential capabilities for
terrorism preparedness are made within the context of a
comprehensive State emergency management system.
[[Page H6300]]
``(5) Prior measures.--The Task Force shall ensure that its
recommendations regarding essential capabilities for
terrorism preparedness take into account any capabilities
that State or local officials have determined to be essential
and have undertaken since September 11, 2001, to prevent,
prepare for, respond to, or recover from terrorist attacks.
``(d) Membership.--
``(1) In general.--The Task Force shall consist of 25
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic (including urban and
rural) and substantive cross section of governmental and
nongovernmental first responder disciplines from the State
and local levels, including as appropriate--
``(A) members selected from the emergency response field,
including fire service and law enforcement, hazardous
materials response, emergency medical services, and emergency
management personnel (including public works personnel
routinely engaged in emergency response);
``(B) health scientists, emergency and inpatient medical
providers, and public health professionals, including experts
in emergency health care response to chemical, biological,
radiological, and nuclear terrorism, and experts in providing
mental health care during emergency response operations;
``(C) experts from Federal, State, and local governments,
and the private sector, representing standards-setting
organizations, including representation from the voluntary
consensus codes and standards development community,
particularly those with expertise in first responder
disciplines; and
``(D) State and local officials with expertise in terrorism
preparedness, subject to the condition that if any such
official is an elected official representing one of the two
major political parties, an equal number of elected officials
shall be selected from each such party.
``(2) Coordination with the department of health and health
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, the Secretary shall coordinate such selection
with the Secretary of Health and Human Services.
``(3) Ex officio members.--The Secretary and the Secretary
of Health and Human Services shall each designate one or more
officers of their respective Departments to serve as ex
officio members of the Task Force. One of the ex officio
members from the Department of Homeland Security shall be the
designated officer of the Federal Government for purposes of
subsection (e) of section 10 of the Federal Advisory
Committee Act (5 App. U.S.C.).
``(e) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory
Committee Act (5 App. U.S.C.), including subsections (a),
(b), and (d) of section 10 of such Act, and section 552b(c)
of title 5, United States Code, shall apply to the Task
Force.
``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
``(a) In General.--A covered grant may be used for--
``(1) purchasing or upgrading equipment, including computer
software, to enhance terrorism preparedness;
``(2) exercises to strengthen terrorism preparedness;
``(3) training for prevention (including detection) of,
preparedness for, response to, or recovery from attacks
involving weapons of mass destruction, including training in
the use of equipment and computer software;
``(4) developing or updating State homeland security plans,
risk assessments, mutual aid agreements, and emergency
management plans to enhance terrorism preparedness;
``(5) establishing or enhancing mechanisms for sharing
terrorism threat information;
``(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic
planning, life-cycle systems design, product and technology
evaluation, and prototype development for terrorism
preparedness purposes;
``(7) additional personnel costs resulting from--
``(A) elevations in the threat alert level of the Homeland
Security Advisory System by the Secretary, or a similar
elevation in threat alert level issued by a State, region, or
local government with the approval of the Secretary;
``(B) travel to and participation in exercises and training
in the use of equipment and on prevention activities; and
``(C) the temporary replacement of personnel during any
period of travel to and participation in exercises and
training in the use of equipment and on prevention
activities;
``(8) the costs of equipment (including software) required
to receive, transmit, handle, and store classified
information;
``(9) protecting critical infrastructure against potential
attack by the addition of barriers, fences, gates, and other
such devices, except that the cost of such measures may not
exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the covered grant;
``(10) the costs of commercially available interoperable
communications equipment (which, where applicable, is based
on national, voluntary consensus standards) that the
Secretary, in consultation with the Chairman of the Federal
Communications Commission, deems best suited to facilitate
interoperability, coordination, and integration between and
among emergency communications systems, and that complies
with prevailing grant guidance of the Department for
interoperable communications;
``(11) educational curricula development for first
responders to ensure that they are prepared for terrorist
attacks;
``(12) training and exercises to assist public elementary
and secondary schools in developing and implementing programs
to instruct students regarding age-appropriate skills to
prevent, prepare for, respond to, mitigate against, or
recover from an act of terrorism;
``(13) paying of administrative expenses directly related
to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant;
``(14) paying for the conduct of any activity permitted
under the Law Enforcement Terrorism Prevention Program, or
any such successor to such program; and
``(15) other appropriate activities as determined by the
Secretary.
``(b) Prohibited Uses.--Funds provided as a covered grant
may not be used--
``(1) to supplant State or local funds;
``(2) to construct buildings or other physical facilities;
``(3) to acquire land; or
``(4) for any State or local government cost sharing
contribution.
``(c) Multiple-Purpose Funds.--Nothing in this section
shall be construed to preclude State and local governments
from using covered grant funds in a manner that also enhances
first responder preparedness for emergencies and disasters
unrelated to acts of terrorism, if such use assists such
governments in achieving essential capabilities for terrorism
preparedness established by the Secretary.
``(d) Reimbursement of Costs.--(1) In addition to the
activities described in subsection (a), a covered grant may
be used to provide a reasonable stipend to paid-on-call or
volunteer first responders who are not otherwise compensated
for travel to or participation in training covered by this
section. Any such reimbursement shall not be considered
compensation for purposes of rendering such a first responder
an employee under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
``(2) An applicant for a covered grant may petition the
Secretary for the reimbursement of the cost of any activity
relating to prevention (including detection) of, preparedness
for, response to, or recovery from acts of terrorism that is
a Federal duty and usually performed by a Federal agency, and
that is being performed by a State or local government (or
both) under agreement with a Federal agency.
``(e) Assistance Requirement.--The Secretary may not
require that equipment paid for, wholly or in part, with
funds provided as a covered grant be made available for
responding to emergencies in surrounding States, regions, and
localities, unless the Secretary undertakes to pay the costs
directly attributable to transporting and operating such
equipment during such response.
``(f) Flexibility in Unspent Homeland Security Grant
Funds.--Upon request by the recipient of a covered grant, the
Secretary may authorize the grantee to transfer all or part
of funds provided as the covered grant from uses specified in
the grant agreement to other uses authorized under this
section, if the Secretary determines that such transfer is in
the interests of homeland security.
``(g) State, Regional, and Tribal Responsibilities.--
``(1) Pass-through.--The Secretary shall require a
recipient of a covered grant that is a State to obligate or
otherwise make available to local governments, first
responders, and other local groups, to the extent required
under the State homeland security plan or plans specified in
the application for the grant, not less than 80 percent of
the grant funds, resources purchased with the grant funds
having a value equal to at least 80 percent of the amount of
the grant, or a combination thereof, by not later than the
end of the 45-day period beginning on the date the grant
recipient receives the grant funds.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the costs of an
activity carried out with a covered grant to a State, region,
or directly eligible tribe awarded after the 2-year period
beginning on the date of the enactment of this section shall
not exceed 75 percent.
``(B) Interim rule.--The Federal share of the costs of an
activity carried out with a covered grant awarded before the
end of the 2-year period beginning on the date of the
enactment of this section shall be 100 percent.
``(C) In-kind matching.--Each recipient of a covered grant
may meet the matching requirement under subparagraph (A) by
making in-kind contributions of goods or services that are
directly linked with the purpose for which the grant is made,
including, but not limited to, any necessary personnel
overtime, contractor services, administrative costs,
equipment fuel and maintenance, and rental space.
``(3) Certifications regarding distribution of grant funds
to local governments.--Any State that receives a covered
grant shall certify to the Secretary, by not later than 30
days after the expiration of the period described in
paragraph (1) with respect to the grant, that the State has
made
[[Page H6301]]
available for expenditure by local governments, first
responders, and other local groups the required amount of
grant funds pursuant to paragraph (1).
``(4) Quarterly report on homeland security spending.--The
Federal share described in paragraph (2)(A) may be increased
by up to 2 percent for any State, region, or directly
eligible tribe that, not later than 30 days after the end of
each fiscal quarter, submits to the Secretary a report on
that fiscal quarter. Each such report must include, for each
recipient of a covered grant or a pass-through under
paragraph (1)--
``(A) the amount obligated to that recipient in that
quarter;
``(B) the amount expended by that recipient in that
quarter; and
``(C) a summary description of the items purchased by such
recipient with such amount.
``(5) Annual report on homeland security spending.--Each
recipient of a covered grant shall submit an annual report to
the Secretary not later than 60 days after the end of each
Federal fiscal year. Each recipient of a covered grant that
is a region must simultaneously submit its report to each
State of which any part is included in the region. Each
recipient of a covered grant that is a directly eligible
tribe must simultaneously submit its report to each State
within the boundaries of which any part of such tribe is
located. Each report must include the following:
``(A) The amount, ultimate recipients, and dates of receipt
of all funds received under the grant during the previous
fiscal year.
``(B) The amount and the dates of disbursements of all such
funds expended in compliance with paragraph (1) or pursuant
to mutual aid agreements or other sharing arrangements that
apply within the State, region, or directly eligible tribe,
as applicable, during the previous fiscal year.
``(C) How the funds were utilized by each ultimate
recipient or beneficiary during the preceding fiscal year.
``(D) The extent to which essential capabilities identified
in the applicable State homeland security plan or plans were
achieved, maintained, or enhanced as the result of the
expenditure of grant funds during the preceding fiscal year.
``(E) The extent to which essential capabilities identified
in the applicable State homeland security plan or plans
remain unmet.
``(6) Inclusion of restricted annexes.--A recipient of a
covered grant may submit to the Secretary an annex to the
annual report under paragraph (5) that is subject to
appropriate handling restrictions, if the recipient believes
that discussion in the report of unmet needs would reveal
sensitive but unclassified information.
``(7) Provision of reports.--The Secretary shall ensure
that each annual report under paragraph (5) is provided to
the Under Secretary for Emergency Preparedness and Response
and the Director of the Office for Domestic Preparedness.
``(h) Incentives to Efficient Administration of Homeland
Security Grants.--
``(1) Penalties for delay in passing through local share.--
If a recipient of a covered grant that is a State fails to
pass through to local governments, first responders, and
other local groups funds or resources required by subsection
(g)(1) within 45 days after receiving funds under the grant,
the Secretary may--
``(A) reduce grant payments to the grant recipient from the
portion of grant funds that is not required to be passed
through under subsection (g)(1);
``(B) terminate payment of funds under the grant to the
recipient, and transfer the appropriate portion of those
funds directly to local first responders that were intended
to receive funding under that grant; or
``(C) impose additional restrictions or burdens on the
recipient's use of funds under the grant, which may include--
``(i) prohibiting use of such funds to pay the grant
recipient's grant-related overtime or other expenses;
``(ii) requiring the grant recipient to distribute to local
government beneficiaries all or a portion of grant funds that
are not required to be passed through under subsection
(g)(1); or
``(iii) for each day that the grant recipient fails to pass
through funds or resources in accordance with subsection
(g)(1), reducing grant payments to the grant recipient from
the portion of grant funds that is not required to be passed
through under subsection (g)(1), except that the total amount
of such reduction may not exceed 20 percent of the total
amount of the grant.
``(2) Extension of period.--The Governor of a State may
request in writing that the Secretary extend the 45-day
period under section 1803(e)(5)(E) or paragraph (1) for an
additional 15-day period. The Secretary may approve such a
request, and may extend such period for additional 15-day
periods, if the Secretary determines that the resulting delay
in providing grant funding to the local government entities
that will receive funding under the grant will not have a
significant detrimental impact on such entities' terrorism
preparedness efforts.
``(3) Provision of non-local share to local government.--
``(A) In general.--The Secretary may upon request by a
local government pay to the local government a portion of the
amount of a covered grant awarded to a State in which the
local government is located, if--
``(i) the local government will use the amount paid to
expedite planned enhancements to its terrorism preparedness
as described in any applicable State homeland security plan
or plans;
``(ii) the State has failed to pass through funds or
resources in accordance with subsection (g)(1); and
``(iii) the local government complies with subparagraphs
(B) and (C).
``(B) Showing required.--To receive a payment under this
paragraph, a local government must demonstrate that--
``(i) it is identified explicitly as an ultimate recipient
or intended beneficiary in the approved grant application;
``(ii) it was intended by the grantee to receive a
severable portion of the overall grant for a specific purpose
that is identified in the grant application;
``(iii) it petitioned the grantee for the funds or
resources after expiration of the period within which the
funds or resources were required to be passed through under
subsection (g)(1); and
``(iv) it did not receive the portion of the overall grant
that was earmarked or designated for its use or benefit.
``(C) Effect of payment.--Payment of grant funds to a local
government under this paragraph--
``(i) shall not affect any payment to another local
government under this paragraph; and
``(ii) shall not prejudice consideration of a request for
payment under this paragraph that is submitted by another
local government.
``(D) Deadline for action by secretary.--The Secretary
shall approve or disapprove each request for payment under
this paragraph by not later than 15 days after the date the
request is received by the Department.
``(i) Reports to Congress.--The Secretary shall submit an
annual report to the Congress by January 31 of each year
covering the preceding fiscal year--
``(1) describing in detail the amount of Federal funds
provided as covered grants that were directed to each State,
region, and directly eligible tribe in the preceding fiscal
year;
``(2) containing information on the use of such grant funds
by grantees; and
``(3) describing--
``(A) the Nation's progress in achieving, maintaining, and
enhancing the essential capabilities established by the
Secretary as a result of the expenditure of covered grant
funds during the preceding fiscal year; and
``(B) an estimate of the amount of expenditures required to
attain across the United States the essential capabilities
established by the Secretary.
``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT
AND TRAINING.
``(a) Equipment Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall, not later than 6 months after
the date of enactment of this section, support the
development of, promulgate, and update as necessary national
voluntary consensus standards for the performance, use, and
validation of first responder equipment for purposes of
section 1805(e)(7). Such standards--
``(A) shall be, to the maximum extent practicable,
consistent with any existing voluntary consensus standards;
``(B) shall take into account, as appropriate, new types of
terrorism threats that may not have been contemplated when
such existing standards were developed;
``(C) shall be focused on maximizing interoperability,
interchangeability, durability, flexibility, efficiency,
efficacy, portability, sustainability, and safety; and
``(D) shall cover all appropriate uses of the equipment.
``(2) Required categories.--In carrying out paragraph (1),
the Secretary shall specifically consider the following
categories of first responder equipment:
``(A) Thermal imaging equipment.
``(B) Radiation detection and analysis equipment.
``(C) Biological detection and analysis equipment.
``(D) Chemical detection and analysis equipment.
``(E) Decontamination and sterilization equipment.
``(F) Personal protective equipment, including garments,
boots, gloves, and hoods and other protective clothing.
``(G) Respiratory protection equipment.
``(H) Interoperable communications, including wireless and
wireline voice, video, and data networks.
``(I) Explosive mitigation devices and explosive detection
and analysis equipment.
``(J) Containment vessels.
``(K) Contaminant-resistant vehicles.
``(L) Such other equipment for which the Secretary
determines that national voluntary consensus standards would
be appropriate.
``(b) Training Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall support the development of,
promulgate, and regularly update as necessary national
voluntary consensus standards for first responder training
carried out with amounts
[[Page H6302]]
provided under covered grant programs, that will enable State
and local government first responders to achieve optimal
levels of terrorism preparedness as quickly as practicable.
Such standards shall give priority to providing training to--
``(A) enable first responders to prevent, prepare for,
respond to, mitigate against, and recover from terrorist
threats, including threats from chemical, biological,
nuclear, and radiological weapons and explosive devices
capable of inflicting significant human casualties; and
``(B) familiarize first responders with the proper use of
equipment, including software, developed pursuant to the
standards established under subsection (a).
``(2) Required categories.--In carrying out paragraph (1),
the Secretary specifically shall include the following
categories of first responder activities:
``(A) Regional planning.
``(B) Joint exercises.
``(C) Intelligence collection, analysis, and sharing.
``(D) Emergency notification of affected populations.
``(E) Detection of biological, nuclear, radiological, and
chemical weapons of mass destruction.
``(F) Such other activities for which the Secretary
determines that national voluntary consensus training
standards would be appropriate.
``(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that such training standards are
consistent with the principles of emergency preparedness for
all hazards.
``(c) Consultation With Standards Organizations.--In
establishing national voluntary consensus standards for first
responder equipment and training under this section, the
Secretary shall consult with relevant public and private
sector groups, including--
``(1) the National Institute of Standards and Technology;
``(2) the National Fire Protection Association;
``(3) the National Association of County and City Health
Officials;
``(4) the Association of State and Territorial Health
Officials;
``(5) the American National Standards Institute;
``(6) the National Institute of Justice;
``(7) the Inter-Agency Board for Equipment Standardization
and Interoperability;
``(8) the National Public Health Performance Standards
Program;
``(9) the National Institute for Occupational Safety and
Health;
``(10) ASTM International;
``(11) the International Safety Equipment Association;
``(12) the Emergency Management Accreditation Program; and
``(13) to the extent the Secretary considers appropriate,
other national voluntary consensus standards development
organizations, other interested Federal, State, and local
agencies, and other interested persons.
``(d) Coordination With Secretary of HHS.--In establishing
any national voluntary consensus standards under this section
for first responder equipment or training that involve or
relate to health professionals, including emergency medical
professionals, the Secretary shall coordinate activities
under this section with the Secretary of Health and Human
Services.''.
(b) Definition of Emergency Response Providers.--Paragraph
(6) of section 2 of the Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 101(6)) is amended by striking
``includes'' and all that follows and inserting ``includes
Federal, State, and local governmental and nongovernmental
emergency public safety, law enforcement, fire, emergency
response, emergency medical (including hospital emergency
facilities), and related personnel, organizations, agencies,
and authorities.''.
SEC. 12. OVERSIGHT.
The Secretary of Homeland Security shall establish within
the Office for Domestic Preparedness an Office of the
Comptroller to oversee the grants distribution process and
the financial management of the Office for Domestic
Preparedness.
SEC. 13. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND
SECURITY FIRST RESPONDER TRAINING.
(a) In General.--The Comptroller General of the United
States shall report to the Congress in accordance with this
section--
(1) on the overall inventory and status of first responder
training programs of the Department of Homeland Security and
other departments and agencies of the Federal Government; and
(2) the extent to which such programs are coordinated.
(b) Contents of Reports.--The reports under this section
shall include--
(1) an assessment of the effectiveness of the structure and
organization of such training programs;
(2) recommendations to--
(A) improve the coordination, structure, and organization
of such training programs; and
(B) increase the availability of training to first
responders who are not able to attend centralized training
programs;
(3) the structure and organizational effectiveness of such
programs for first responders in rural communities;
(4) identification of any duplication or redundancy among
such programs;
(5) a description of the use of State and local training
institutions, universities, centers, and the National
Domestic Preparedness Consortium in designing and providing
training;
(6) a cost-benefit analysis of the costs and time required
for first responders to participate in training courses at
Federal institutions;
(7) an assessment of the approval process for certifying
non-Department of Homeland Security training courses that are
useful for anti-terrorism purposes as eligible for grants
awarded by the Department;
(8) a description of the use of Department of Homeland
Security grant funds by States and local governments to
acquire training;
(9) an analysis of the feasibility of Federal, State, and
local personnel to receive the training that is necessary to
adopt the National Response Plan and the National Incident
Management System; and
(10) the role of each first responder training institution
within the Department of Homeland Security in the design and
implementation of terrorism preparedness and related training
courses for first responders.
(c) Deadlines.--The Comptroller General shall--
(1) submit a report under subsection (a)(1) by not later
than 60 days after the date of the enactment of this Act; and
(2) submit a report on the remainder of the topics required
by this section by not later than 120 days after the date of
the enactment of this Act.
SEC. 14. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE
THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER
FIRE COMPANIES.
(a) Liability Protection.--A person who donates fire
control or fire rescue equipment to a volunteer fire company
shall not be liable for civil damages under any State or
Federal law for personal injuries, property damage or loss,
or death caused by the equipment after the donation.
(b) Exceptions.--Subsection (a) does not apply to a person
if--
(1) the person's act or omission causing the injury,
damage, loss, or death constitutes gross negligence or
intentional misconduct; or
(2) the person is the manufacturer of the fire control or
fire rescue equipment.
(c) Preemption.--This section preempts the laws of any
State to the extent that such laws are inconsistent with this
section, except that notwithstanding subsection (b) this
section shall not preempt any State law that provides
additional protection from liability for a person who donates
fire control or fire rescue equipment to a volunteer fire
company.
(d) Definitions.--In this section:
(1) Person.--The term ``person'' includes any governmental
or other entity.
(2) Fire control or rescue equipment.--The term ``fire
control or fire rescue equipment'' includes any fire vehicle,
fire fighting tool, communications equipment, protective
gear, fire hose, or breathing apparatus.
(3) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, the Virgin Islands, any other territory or
possession of the United States, and any political
subdivision of any such State, territory, or possession.
(4) Volunteer fire company.--The term ``volunteer fire
company'' means an association of individuals who provide
fire protection and other emergency services, where at least
30 percent of the individuals receive little or no
compensation compared with an entry level full-time paid
individual in that association or in the nearest such
association with an entry level full-time paid individual.
(e) Effective Date.--This section applies only to liability
for injury, damage, loss, or death caused by equipment that,
for purposes of subsection (a), is donated on or after the
date that is 30 days after the date of the enactment of this
section.
The Acting CHAIRMAN. Pursuant to House Resolution 369, the
gentlewoman from New York (Mrs. Lowey) and a Member opposed each will
control 5 minutes.
Mrs. LOWEY. Mr. Chairman, I do not believe there is a Member opposed.
Mr. SENSENBRENNER. Mr. Chairman, I ask unanimous consent to claim the
time in opposition, even though I am not opposed to the amendment.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mrs. LOWEY. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from New York (Mr. Sweeney) and ask unanimous consent that he be
allowed to control that time.
The Acting CHAIRMAN. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
The Acting CHAIRMAN. The Chair recognizes the gentlewoman from New
York (Mrs. Lowey).
Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this commonsense amendment would simply ensure that the
areas in our country facing the
[[Page H6303]]
greatest threat receive their fair share of homeland security funds.
Recent worldwide attacks against areas with significant critical
infrastructure are not wake-up calls, they are fire alarms.
This amendment already has widespread support. The House voted for
these same provisions by a vote of 409 to 10 just 10 months ago.
I urge my colleagues to once again support these provisions. Let us
take action tonight so that we can allocate our precious resources to
those who need them the most.
Mr. Chairman, I reserve the balance of my time.
{time} 2000
Mr. SWEENEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in strong support of this amendment and want to
thank my good friend and colleague, the gentlewoman from New York (Mrs.
Lowey). We have worked on a number of things, including this, for quite
some time.
Mr. Chairman, 3 years ago I introduced identical legislation that
made homeland security funds, first responder funds threat-based. That
legislation, I am happy to say, has since been supported overwhelmingly
by the 9/11 Commission, the President, and the Secretary of the
Department of Homeland Security. We passed an amendment by House vote
of 409 to 10 as part of the authorizing language for Department of
Homeland Security.
Simply, what this is, and this is not a geographic vote, this is not
a political-philosophical vote, it simply says the Department of
Homeland Secretary and the Secretary of that Department ought to have
the resources and ought to have the flexibility to direct Federal
resources where they belong, to direct Federal resources where the
threats exist.
So if it is in the subway systems or the rail systems or the aviation
system or some other system that the threat actually exists, the
Secretary will have the capacity and the tools to indeed take all of
the resources that we have as a Nation to protect ourselves.
We owe it to our constituents. It is the highest order of duty here
in this body. The gentlewoman from New York (Mrs. Lowey) and I have
worked on this now for a number of years, and I am thrilled we are
offering it here. My suspicion is it is going to be accepted here and
made part of the PATRIOT Act.
The reason it is part of the PATRIOT Act is the original formula, the
current formula that we operate under, was part of the original PATRIOT
Act bill that was passed. At that time, we could not have anticipated
all of the things we now know to be true as a body. This is rectifying
something that was an oversight in the original PATRIOT Act bill. I
strongly support that, as I do this bill.
Mr. Chairman, I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I support this amendment, and just let me give a little
bit of the history of this.
The gentleman from New York (Mr. Sweeney) is correct that the first
responder grants were a part of the original PATRIOT Act. We did not
know how to divide up the first responder grants properly, so we put a
formula in. Well, it ended up that the formula had some anomalies, and
it ended up being out of date.
As a result, in the last Congress the Committee on the Judiciary and
the Select Committee on Homeland Security worked out an agreement where
the formula would be modified, where there would be certain floors for
States, a lot of the money would be threat-based and the types of
grants were consolidated so that there would be a simpler application
process. That bill was passed 409 to 10. There were just a few Members
that voted against it. Then it went over to the other body and nothing
happened to it.
We have attempted to redo the first responder grants again in this
Congress, and there is no hope that the other body will take the stand-
alone bill and enact it into law.
By adopting this amendment, we are going to be in a stronger position
to actually make the needed changes in the formula law of the United
States of America this year without further delay. That is why this
amendment should be supported. I would hope that it would have an
overwhelming vote.
Mr. Chairman, I yield back the balance of my time.
Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I thank the gentlemen for their support. I thank them
for accepting it. This is a very important amendment. I thank the
chairman for his wisdom and for his comments. I am glad we were able to
use this as a vehicle to get the job done.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment
offered by the gentlewoman from New York (Mrs. Lowey).
The amendment was agreed to.
Sequential Votes Postponed in Committee of the Whole
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in part B of House Report
109-178 on which further proceedings were postponed in the follow
order: amendment No. 9 offered by Mr. Berman of California; amendment
No. 11 offered by Mr. Schiff of California; amendment No. 14 by offered
by Ms. Hart of Pennsylvania; amendment No. 15, as modified, offered by
Ms. Jackson-Lee of Texas.
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 9 Offered by Mr. Berman
The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Berman) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 261,
noes 165, not voting 7, as follows:
[Roll No. 409]
AYES--261
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bartlett (MD)
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boozman
Boren
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Cannon
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Chandler
Clay
Cleaver
Clyburn
Coble
Conaway
Conyers
Cooper
Costa
Costello
Cox
Cramer
Crowley
Cuellar
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Duncan
Edwards
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Evans
Farr
Fattah
Feeney
Filner
Fitzpatrick (PA)
Flake
Foley
Ford
Frank (MA)
Gerlach
Gillmor
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutierrez
Gutknecht
Harman
Harris
Hart
Hastings (WA)
Hefley
Hensarling
Herseth
Higgins
Hinchey
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Inglis (SC)
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kingston
Kucinich
Kuhl (NY)
Langevin
Lantos
Larsen (WA)
Larson (CT)
LaTourette
Leach
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Mack
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McCotter
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Otter
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Pence
Peterson (MN)
Petri
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Rahall
Rangel
Regula
Reyes
Rohrabacher
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
[[Page H6304]]
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sherman
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
Young (AK)
NOES--165
Akin
Alexander
Bachus
Baker
Barrett (SC)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boustany
Brady (TX)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cantor
Capito
Carter
Castle
Chabot
Chocola
Cole (OK)
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Everett
Ferguson
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gibbons
Gilchrest
Gingrey
Granger
Graves
Hall
Hayes
Hayworth
Herger
Hobson
Hoekstra
Hostettler
Hunter
Hyde
Jindal
Johnson (CT)
Johnson, Sam
Keller
Kelly
King (IA)
King (NY)
Kirk
Kline
Knollenberg
Kolbe
LaHood
Latham
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Manzullo
Marchant
McCaul (TX)
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Oxley
Pearce
Peterson (PA)
Pitts
Platts
Pombo
Pryce (OH)
Putnam
Radanovich
Ramstad
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Sodrel
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thornberry
Tiahrt
Tiberi
Turner
Walsh
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (FL)
NOT VOTING--7
Brown (SC)
Hastings (FL)
Hinojosa
Jefferson
Pickering
Taylor (MS)
Thomas
{time} 2030
Ms. FOXX, Messrs. LINCOLN DIAZ-BALART, RADANOVICH, SODREL, BOUSTANY,
Mrs. MYRICK, Messrs. GRAVES, McCRERY, TERRY and Miss McMORRIS changed
their vote from ``aye'' to ``no''.
Messrs. KINGSTON, WALDEN of Oregon, GUTKNECHT, Ms. SOLIS, Mr. SCHWARZ
of Michigan, Ms. HARRIS, Mr. ROHRABACHER, Mrs. EMERSON, and Messrs.
YOUNG of Alaska, COX and INGLIS of South Carolina changed their vote
from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 11 Offered by Mr. Schiff
The Acting CHAIRMAN (Mr. Simpson). The pending business is the demand
for a recorded vote on the amendment offered by the gentleman from
California (Mr. Schiff) on which further proceedings were postponed and
on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 381,
noes 45, not voting 7, as follows:
[Roll No. 410]
AYES--381
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Cooper
Costa
Costello
Cox
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinchey
Hobson
Hoekstra
Holden
Honda
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
McNulty
Meehan
Meek (FL)
Melancon
Menendez
Mica
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Moore (KS)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Obey
Ortiz
Osborne
Oxley
Pallone
Pascrell
Pastor
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (NC)
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Walden (OR)
Walsh
Wamp
Watson
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Wynn
Young (AK)
Young (FL)
NOES--45
Baldwin
Blumenauer
Conyers
Delahunt
Filner
Frank (MA)
Grijalva
Holt
Jackson (IL)
Jackson-Lee (TX)
Jones (OH)
Kildee
Kilpatrick (MI)
Kucinich
Lee
Lewis (GA)
Markey
McCollum (MN)
McDermott
McGovern
McKinney
Meeks (NY)
Michaud
Millender-McDonald
Miller, George
Mollohan
Moore (WI)
Nadler
Oberstar
Olver
Otter
Owens
Paul
Payne
Sabo
Schakowsky
Scott (VA)
Serrano
Stark
Tierney
Visclosky
Wasserman Schultz
Waters
Watt
Woolsey
NOT VOTING--7
Brown (SC)
Hastings (FL)
Hinojosa
Jefferson
Pickering
Taylor (MS)
Thomas
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). Members are advised that 2
minutes remain in this vote.
{time} 2039
Messrs. KILDEE, BLUMENAUER, DELAHUNT and Ms. MILLENDER-
[[Page H6305]]
McDONALD changed their vote from ``aye'' to ``no''.
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 14 Offered by Ms. Hart
The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentlewoman from
Pennsylvania (Ms. Hart) on which further proceedings were postponed and
on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 387,
noes 38, not voting 8, as follows:
[Roll No. 411]
AYES--387
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Cardin
Cardoza
Carnahan
Carter
Case
Castle
Chabot
Chandler
Chocola
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Cooper
Costa
Costello
Cox
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Gutknecht
Hall
Harman
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinchey
Hobson
Hoekstra
Holden
Honda
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jackson-Lee (TX)
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Levin
Lewis (KY)
Linder
Lipinski
LoBiondo
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Loretta
Sanders
Saxton
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Souder
Spratt
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (NC)
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Watson
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Wynn
Young (AK)
Young (FL)
NOES--38
Baldwin
Blumenauer
Capuano
Carson
Clay
Conyers
Crowley
Cummings
Filner
Frank (MA)
Grijalva
Gutierrez
Holt
Jackson (IL)
Jones (OH)
Kucinich
Lee
Lewis (GA)
Lofgren, Zoe
Markey
McDermott
McGovern
McKinney
Miller, George
Moore (WI)
Paul
Payne
Petri
Sanchez, Linda T.
Schakowsky
Scott (VA)
Serrano
Solis
Stark
Waters
Watt
Wexler
Woolsey
NOT VOTING--8
Brown (SC)
Hastings (FL)
Hinojosa
Jefferson
Lewis (CA)
Pickering
Taylor (MS)
Thomas
Announcement by the Acting Chairman
The Acting CHAIRMAN (Mr. Simpson) (during the vote). Members are
advised that 2 minutes remain in this vote.
{time} 2046
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 15, as Modified, Offered by Ms. Jackson-Lee of Texas
The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment, as modified, offered by the gentlewoman
from Texas (Ms. Jackson-Lee) on which further proceedings were
postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 233,
noes 192, not voting 9, as follows:
[Roll No. 412]
AYES--233
Abercrombie
Ackerman
Alexander
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bass
Bean
Becerra
Berkley
Berman
Berry
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Carnahan
Carson
Case
Castle
Chocola
Clay
Cleaver
Coble
Cole (OK)
Conyers
Costa
Costello
Crowley
Cuellar
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Doyle
Duncan
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Fitzpatrick (PA)
Ford
Fortenberry
Frank (MA)
Frelinghuysen
Gerlach
Gilchrest
Gillmor
Gohmert
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Herseth
Higgins
Hinchey
Hobson
Holden
Holt
Honda
Hooley
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lynch
Mack
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Millender-McDonald
Miller (FL)
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Nadler
Napolitano
Neal (MA)
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Poe
Pomeroy
Price (NC)
Rahall
Ramstad
Rangel
Reyes
Rogers (KY)
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
[[Page H6306]]
Schwarz (MI)
Scott (GA)
Serrano
Shays
Sherman
Simmons
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stearns
Strickland
Stupak
Tanner
Tauscher
Terry
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walden (OR)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Whitfield
Woolsey
Wu
Wynn
Young (FL)
NOES--192
Aderholt
Akin
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Beauprez
Biggert
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Chabot
Chandler
Clyburn
Conaway
Cooper
Cox
Cramer
Crenshaw
Cubin
Culberson
Cunningham
Davis (AL)
Davis (KY)
Davis, Jo Ann
Deal (GA)
DeLay
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Flake
Foley
Forbes
Fossella
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gibbons
Gingrey
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hoekstra
Hostettler
Hulshof
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson, Sam
Kanjorski
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Lewis (CA)
Linder
Lucas
Lungren, Daniel E.
Manzullo
Marchant
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (MI)
Miller, Gary
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Neugebauer
Northup
Norwood
Nunes
Osborne
Otter
Oxley
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pitts
Platts
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Scott (VA)
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Sullivan
Sweeney
Tancredo
Taylor (NC)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
NOT VOTING--9
Brown (SC)
Cardoza
Hastings (FL)
Hinojosa
Jefferson
Kirk
Pickering
Taylor (MS)
Thomas
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). Members are advised that 2
minutes remain in this vote.
{time} 2053
Messrs. SCHWARZ of Michigan, FORD, BERMAN and SHAYS changed their
vote from ``no'' to ``aye.''
So the amendment, as modified, was agreed to.
The result of the vote was announced as above recorded.
The Acting CHAIRMAN. The question is on the amendment in the nature
of a substitute, as amended.
The amendment in the nature of a substitute, as amended, was agreed
to.
The Acting CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
LaTourette) having assumed the chair, Mr. Simpson, Acting Chairman 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.
3199) to extend and modify authorities needed to combat terrorism, and
for other purposes, pursuant to House Resolution 369, he reported the
bill back to the House with an amendment adopted by the Committee of
the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment in the
nature of a substitute adopted by the Committee of the Whole? If not,
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.
Motion to Recommit Offered by Mr. Boucher
Mr. BOUCHER. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. BOUCHER. I am, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Boucher moves to recommit the bill H.R. 3199 to the
Committee on the Judiciary with instructions to report the
same back to the House forthwith with the following
amendments:
Amend section 3 to read as follows:
SEC. 3. USA PATRIOT ACT SUNSET PROVISIONS.
(a) Extension of Sunset.--Section 224 of the USA PATRIOT
Act is amended by striking ``December 31, 2005'' and
inserting ``December 31, 2009''.
(b) Sunset of New Provisions.--
(1) In general.--Sections 6, 7, 8, 9, and 10 of this Act
and the amendments made by such sections shall cease to have
effect on December 31, 2009.
(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on
which the provisions referred to in paragraph (1) cease to
have effect, or with respect to any particular offense or
potential offense that began or occurred before the date on
which such provisions cease to have effect, such provisions
shall continue in effect.
Mr. BOUCHER (during the reading). Mr. Speaker, I ask unanimous
consent that the motion to recommit be considered as read and printed
in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
The SPEAKER pro tempore. The gentleman from Virginia (Mr. Boucher) is
recognized for 5 minutes.
Mr. BOUCHER. Mr. Speaker, I rise this evening to ask that the House
retain its oversight authority by inserting 4-year sunsets into H.R.
3199.
In the past year, we have asked the Department of Justice how it is
using the authority granted to it under the PATRIOT Act. Some of our
questions simply went unanswered. Other questions were rebuffed, and we
were told that the information was classified. And still others were
avoided by telling us that the information simply was not available.
However, all of that changed in April of this year when the Justice
Department realized that a straight reauthorization of the PATRIOT Act
would not happen without serious answers to our reasonable questions.
Suddenly, numbers and examples were no longer unavailable. Suddenly,
the information we had long been seeking was provided.
I have no doubt that if 16 provisions of the law were not scheduled
to sunset at the end of this year, we would still have little
information about how these authorities have been used.
Members of the majority have stressed today that the Committee on the
Judiciary has held 12 PATRIOT Act hearings in recent months. That
extensive inquiry would not have occurred had the sunsets in the law
not been in place. For these reasons, we should reinstate the sunsets
for an additional 4 years. All 16 of the sunsets that were contained in
the original law would be reinserted through this motion to recommit.
The FBI will still have all the powers that the bill gives it. It will
simply have to come back 4 years from now and answer our legitimate
questions about how those powers have been used.
{time} 2100
Reinstating the sunsets is about accountability. Our colleagues
across the aisle will say that no abuses have occurred by the powers
granted to the government under the PATRIOT Act. That point I think is
open to debate. I think most would agree that the breadth of many of
these provisions creates, at a minimum, the potential for abuse and we,
therefore, have an obligation to conduct rigorous oversight to ensure
that civil liberties are protected. Inserting the sunset provisions
into the law once again will be the way to ensure that we can conduct
that vigorous oversight. I urge approval for this motion, which will
simply assure that we remain in that strong position.
Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from
California (Mr. Rohrabacher).
Mr. ROHRABACHER. Mr. Speaker, I rise in support of this motion. After
9/11, the United States Congress gave
[[Page H6307]]
our investigative agencies a wide variety of special powers to fight a
war on terrorism, an expansion of powers that we would have never
approved in peacetime. This included the right to break into homes of
American citizens without court order, seize documents, copy computer
files, and evidence without ever telling the owner. We gave our
agencies, among those other things, the right to wiretap and intercept
phone and computer communications without prior cause, and in general
we lowered the requirement for lawful searches. I supported this
dramatic expansion of Federal power because our country was at war.
In times of emergency, it is responsible to increase the power of our
government, yet we recognize that these powers should contain sunset
provisions. The first PATRIOT Act had 16 of its sections sunsetted, so
after the emergency was over the government would again return to a
level consistent to a free society. Our Republic was founded on the
idea that the powers of government should be limited. We should not be
required to live in peacetime under the extraordinary laws that were
passed during times of war and crisis. Emergency powers of
investigation should not become the standard once the crisis has
passed.
I am seriously concerned about the use of emergency conditions to
permanently alter our constitutional legal rights. Until now, the
Members of this body have been denied the ability to vote their
conscience on the issue of sunsets. Now, each of us will have that
opportunity. It is not a Republican vote, it is not a Democrat vote. I
support this war on terror and the war on radical Islam. I was here
yesterday fighting for a very important provision that put me against
my friends on the other side of the aisle. But today I am asking all of
my friends, on both sides of the aisle, let us be patriots. Let us
stand up for those principles that our Founding Fathers talked about,
and that is limiting the power of government.
What we are doing here in this motion to recommit is establishing the
sunsets so that 4 years from now, hopefully when we have beaten the
terrorists, we can return to normal constitutional protections, and if
not, we can reestablish another situation. But, please, let us keep
faith with those people who founded our country on limited government
and the protection of civil liberties. Vote ``yes'' on this provision.
Mr. SENSENBRENNER. Mr. Speaker, I rise in opposition to the motion to
recommit.
Good oversight is done by congressional leadership, not by sunsets.
There has been good oversight over the PATRIOT Act right from the
beginning. The Committee on the Judiciary has spent a lot of time
overseeing the Justice Department, with oversight letters, questions
that the gentleman from Michigan (Mr. Conyers) and I have sent jointly
to the Justice Department, Inspector General reports, and this is the
result of it: Almost two feet of responses.
And what have these responses said? First of all, there has been no
provision, of the 16 sunsetted provisions, that have been found
unconstitutional by any Federal court in the Nation. The Inspector
General's report has found no civil liberties violations under the
PATRIOT Act, and I think that the question we ought to ask ourselves
today is whether we should weigh the potential for abuse of this law
against the actual record of abuse. There is no actual record of abuse
with all of the oversight that we have been doing.
Now, we have had 12 hearings on the PATRIOT Act, the 16 sunsetted
provisions. Thirteen of the 16 provisions are noncontroversial. There
have not been witnesses that have appeared before the committee that
have said that there are problems, and that includes the provision that
tore down the wall after 9/11 that prevented the CIA and the FBI from
exchanging intelligence information. This motion to recommit will bring
that wall back up in 2009. I think we ought to look at the record. We
ought to look at the actual record of abuse. There has been none.
Only 5 percent of our legislation is sunsetted. Why sunset
legislation where there has been no actual record of abuse and there
has been vigorous oversight?
Mr. Speaker, I yield to the gentleman from Arizona (Mr. Flake).
Mr. FLAKE. Mr. Speaker, I am probably the last person expected to
speak on behalf of the committee or the leadership in general. I tend
to be critical sometimes of committees and the leadership and the
process here. But let me tell you, I have watched the process here in
the Committee on the Judiciary over the past couple of years on this
issue. I have watched us hold hearing after hearing, 12 just in the
last several months, 2 in the last Congress, and I have watched us
adopt amendment after amendment in committee. We held a 12-hour markup
there, a serious markup. I am often critical of the way we do business
here, but here I saw it work. We did exercise effective oversight.
Mr. Speaker, nobody loves sunsets like this Arizonan. I was very
supportive of the sunsets we had in the bill initially. I am very
supportive of the sunset we have, the 10-year sunsets on the two
controversial provisions. I think those ought to stand, and I hope they
make it through the process. But I have learned on issues like this you
do not get everything you want. I did not get every amendment I wanted.
I got a few, and a few of the ones we did get were substantive.
We have made amendments to section 215, to section 213. We have
tightened up the requirements of national security letters. These are
substantive amendments. They are good. Sometimes, as my hero in
politics said once, in one book, Barry Goldwater said, ``Politics is
nothing more than public business. Sometimes you make the best of a
mixed bargain. You don't always get everything you want.''
We got good substantive reform here and we have sunsets. They are a
bit longer than I am comfortable with at times, but we have them here.
I think we ought to make the best of what we have. It is a good
product. I commend the chairman and the others.
And I should say it is not just the Committee on the Judiciary that
has gone through this process. The Permanent Select Committee on
Intelligence has had hearings as well. They have had a markup process
and have worked collaboratively, Democrats and Republicans.
My own amendments, virtually every one of them, had Democrats on
them. I have worked with them and we have worked together on this. I
helped form the PATRIOT Act Reform Caucus over a year ago. We have
worked to make sure these changes have been made. This is a good
product. I urge a ``no'' vote on the motion to recommit and ``yes'' on
the underlying bill.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaTourette). 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 noes appeared to have it.
Mr. BOUCHER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--yeas 209,
nays 218, not voting 7, as follows:
[Roll No. 413]
YEAS--209
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bartlett (MD)
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Chandler
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Costello
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Ehlers
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hefley
Herseth
Higgins
Hinchey
Holden
Holt
Honda
Hooley
[[Page H6308]]
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Otter
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rohrabacher
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NAYS--218
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Cox
Crenshaw
Cubin
Culberson
Cunningham
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastert
Hastings (WA)
Hayes
Hayworth
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson, Sam
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Manzullo
Marchant
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Oxley
Pearce
Pence
Peterson (PA)
Petri
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--7
Brown (SC)
Hastings (FL)
Hinojosa
Mack
Pickering
Taylor (MS)
Thomas
{time} 2125
Mr. BASS changed his vote from ``yea'' to ``nay.''
Mr. SERRANO changed his vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. LaTourette). 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. SENSENBRENNER. 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 257,
noes 171, not voting 6, as follows:
[Roll No. 414]
AYES--257
Aderholt
Akin
Alexander
Andrews
Baca
Bachus
Baker
Barrett (SC)
Barrow
Barton (TX)
Bass
Bean
Beauprez
Biggert
Bilirakis
Bishop (GA)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boustany
Bradley (NH)
Brady (TX)
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Cardin
Carnahan
Carter
Case
Castle
Chabot
Chandler
Chocola
Clyburn
Coble
Cole (OK)
Conaway
Cooper
Cox
Cramer
Crenshaw
Cubin
Culberson
Cunningham
Davis (AL)
Davis (FL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Edwards
Ehlers
Emanuel
Emerson
English (PA)
Etheridge
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Gene
Gutknecht
Hall
Harman
Harris
Hart
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hobson
Hoekstra
Holden
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lungren, Daniel E.
Marchant
Marshall
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Melancon
Menendez
Mica
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Northup
Norwood
Nunes
Nussle
Ortiz
Osborne
Oxley
Pearce
Pence
Peterson (PA)
Petri
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Royce
Ruppersberger
Ryan (WI)
Ryun (KS)
Saxton
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Smith (NJ)
Smith (TX)
Sodrel
Souder
Spratt
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (FL)
NOES--171
Abercrombie
Ackerman
Allen
Baird
Baldwin
Bartlett (MD)
Becerra
Berkley
Berman
Berry
Bishop (NY)
Bishop (UT)
Blumenauer
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardoza
Carson
Clay
Cleaver
Conyers
Costa
Costello
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Duncan
Engel
Eshoo
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Green, Al
Grijalva
Gutierrez
Hinchey
Holt
Honda
Hooley
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lofgren, Zoe
Lowey
Lucas
Lynch
Mack
Maloney
Manzullo
Markey
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Michaud
Millender-McDonald
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Ney
Oberstar
Obey
Olver
Otter
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Price (GA)
Price (NC)
Rahall
Rangel
Rohrabacher
Rothman
Roybal-Allard
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Scott (VA)
Serrano
Sherman
Slaughter
Smith (WA)
[[Page H6309]]
Snyder
Solis
Stark
Strickland
Stupak
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
Young (AK)
NOT VOTING--6
Brown (SC)
Hastings (FL)
Hinojosa
Pickering
Taylor (MS)
Thomas
{time} 2144
Mrs. McCARTHY and Messrs. BISHOP of New York, ISRAEL, ROTHMAN,
SNYDER, and MOORE of Kansas changed their vote from ``aye'' to ``no.''
Mr. TAYLOR of North Carolina changed his vote from ``no'' to ``aye.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________