[Congressional Record Volume 153, Number 76 (Wednesday, May 9, 2007)]
[House]
[Pages H4707-H4718]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2008
The SPEAKER pro tempore. Pursuant to House Resolution 382 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 1684.
{time} 1702
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 1684) to authorize appropriations for the Department of
Homeland Security for fiscal year 2008, and for other purposes, with
Mrs. Jones of Ohio (Acting Chairman) in the chair.
The Clerk read the title of the bill.
The Acting CHAIRMAN. When the Committee of the Whole rose earlier
today, amendment No. 18 printed in House Report 110-136 by the
gentleman from Maryland (Mr. Van Hollen) had been disposed of.
Amendment No. 19 Offered by Ms. Castor
The Acting CHAIRMAN. It is now in order to consider amendment No. 19
printed in House Report 110-136.
Ms. CASTOR. Madam 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 Ms. Castor:
At the end of title XI of the bill, add the following (and
conform the table of contents accordingly):
SEC. 1122. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
PROGRAM.
The Secretary of Homeland Security shall work with the
State of Florida and other States, as appropriate, to resolve
the differences between the Transportation Worker
Identification Credential and existing access control
credentials.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the
gentlewoman from Florida (Ms. Castor) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. CASTOR. Madam Chair, I rise today in support of this amendment.
My amendment requires the Department of Homeland Security to work with
the State of Florida and other States, if necessary, to resolve the
differences between the Federal Transportation Worker Identification
Credential, known as the TWIC, and Florida's existing access control
card.
You see, shortly after 9/11, the State of Florida enacted a law
requiring a centralized biometric credential for workers in deepwater
ports in the State of Florida, including the three ports in my district
in the Tampa Bay area.
This credential is known as the Florida Uniform Port Access
Credential, or FUPAC. At the port of Tampa, we have credentialed over
39,000 port workers and the State of Florida has credentialed over
100,000 port workers throughout the State. This means that the FBI and
the Florida Department of Law Enforcement have conducted extensive
background checks.
Meanwhile, the Federal TWIC, which was first mandated in the Maritime
Transportation Security Act, was not finalized by the Department of
Homeland Security until just a few months ago.
The criteria in the FUPAC and the TWIC greatly duplicate each other.
The Federal Government and the State of Florida must reconcile these
credentials to ensure that our resources go to make our neighbors and
our ports safe rather than satisfy bureaucratic red tape.
The Florida Ports Council says that this issue and its resolution
will have a profound effect on both the viability of our maritime
businesses and the security of Florida's ports.
As long as proper security requirements are being met, as they are
with Florida's port credential, we need to spare the working folks who
keep our ports moving from having to bear the burden and expense of
undergoing unnecessarily duplicative background checks.
The amendment offered today requires that the Department of Homeland
Security work with the State of Florida to resolve inconsistencies and
avoid unnecessary duplication between the TWIC and the FUPAC.
I urge my colleagues to support this amendment which will aid
Florida's strong maritime economy and ensure that valuable resources go
to keeping our neighbors and our ports safe rather than to unnecessary
bureaucratic red tape.
Madam Chair, I reserve the balance of my time.
Mr. KING of New York. Madam Chair, I claim time in opposition to the
amendment, even though I do not oppose the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from New York
is recognized for 5 minutes.
There was no objection.
Mr. KING of New York. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Florida (Ms. Ginny Brown-Waite).
Ms. GINNY BROWN-WAITE of Florida. Madam Chair, I thank the gentleman.
I rise in strong support of the Castor amendment to the Homeland
Security authorization bill.
I have worked long and hard to coordinate the agreement between TSA
and Florida on their respective worker ID cards for screening port
workers. TSA has been dragging their feet, unwilling to compromise so
that Florida does not have to discontinue its own card. It wasn't until
Senator Paula
[[Page H4708]]
Dockery, who shares some of my constituents, reached out to me that the
TSA finally began to respond and started negotiations. Senator Dockery
is now chairman of the committee that I chaired when I was in the
Florida Senate, so I am very familiar with the biometric ID program.
That is why she reached out to me.
Right now, congressional intervention has made sure that they are
talking. There is still only one remaining sticking point. I am
cautiously optimistic that we can work this out so Florida can be
confident that TSA's Transportation Worker ID card is secure enough for
our precious ports.
Florida has a great system, and TSA needs to recognize that and know
that, if anything, Florida's system is above and beyond what TSA is
looking at.
This amendment commits TSA to continuing the work my colleagues and I
have already accomplished, getting TSA to sit down and talk to Florida.
Most of the issues have been worked out. I am pleased to support this
amendment.
Ms. CASTOR. Madam Chair, I reserve my time to close.
Mr. KING of New York. Madam Chair, I yield 2\1/2\ minutes to the
gentleman from Florida (Mr. Bilirakis).
Mr. BILIRAKIS. Madam Chair, I rise in support of the Castor amendment
to H.R. 1684. This amendment directs the Department of Homeland
Security to work with my State of Florida to resolve differences
between its ports access control credential and its Federal
counterpart, the Transportation Worker Identification Credential, or
the TWIC card.
Florida has been a national leader in developing its own credential,
entering into an agreement with TSA in 2003 to implement this TWIC
prototype. Florida's card is largely interchangeable with the TWIC.
However, there are questions about the ability to integrate Federal
requirements with Florida's standards.
I cannot stress enough the importance of resolving this issue so that
maritime workers in my State do not have to obtain multiple cards and
separate card readers for the same purposes.
I met with TWIC program officials on this matter and, during a
hearing of my Transportation Security and Infrastructure Protection
Subcommittee last month, asked them to delay implementation of the TWIC
card in Florida until this issue can be satisfactorily resolved.
Although I am optimistic that we are moving in the right direction
toward a resolution on this matter, I commend the gentlewoman from
Florida for offering this amendment which will reinforce our State's
bipartisan resolve to fix this problem.
I urge my colleagues to support this amendment.
Mr. KING of New York. Madam Chair, I want to thank the gentlewoman
from Florida for her amendment and urge its adoption, and I yield back
the balance of my time.
Ms. CASTOR. Madam Chair, in closing, I would like to thank Chairman
Thompson and all of the hard-working members and staff of the Homeland
Security Committee, and thank my colleagues from Florida, Ms. Ginny
Brown-Waite and Mr. Bilirakis, for their bipartisan efforts to solve
this problem. I urge adoption of the amendment.
Madam Chair, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Castor).
The amendment was agreed to.
Amendment No. 20 Offered by Mr. Lampson
The Acting CHAIRMAN. It is now in order to consider amendment No. 20
printed in House Report 110-136.
Mr. LAMPSON. Madam 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 Mr. Lampson
In section 303, before the first sentence insert ``(a)
Authorization of Appropriations.--'', and add at the end the
following:
(b) Assisting the National Center for Missing and Exploited
Children.--
(1) In general.--An Inspector General of the Department of
Homeland Security appointed under section 3 or 8G of the
Inspector General Act of 1978 (5 U.S.C. App.) may authorize
staff to use funds authorized under subsection (a) to assist
the National Center for Missing and Exploited Children, upon
request by the Center--
(A) by conducting reviews of inactive case files that the
Inspector General has reason to believe involve a child or
possible offender located outside the United States, and to
develop recommendations for further investigations; and
(B) by engaging in similar activities.
(2) Limitations.--
(A) Priority.--An Inspector General may not permit staff to
engage in activities described in paragraph (1) if such
activities will interfere with the duties of the Inspector
General under the Inspector General Act of 1978 (5 U.S.C.
App.).
(B) Funding.--No additional funds are authorized to be
appropriated to carry out this paragraph.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from Texas (Mr. Lampson) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. LAMPSON. Madam Chair, I yield myself such time as I may consume.
I thank Chairman Thompson for the opportunity to offer an amendment
to the DHS authorization bill.
My amendment would authorize the Department of Homeland Security
Inspector General to assist the National Center for Missing and
Exploited Children in conducting reviews of inactive case files. Upon
the Center's request, the Inspector General may assist in resolving
cases involving a child or an alleged offender located outside of the
United States.
Federal Inspectors General have recognized that they could help the
National Center in a very unique way not covered under present
partnerships. They envision using the talent and expertise of the IG
community's cadre of special agent criminal investigators to review
old, unresolved cases in the hope of identifying new leads.
Passage of this amendment would allow IGs, when they are not
otherwise engaged in meeting their obligations under the Inspector
General Act, to assist in bringing closure to many suffering families.
Allowing the Inspector General the authority to provide this limited
service could aid in identifying perpetrators and ultimately to the
recovery of missing children.
This proposal requires no additional funding since it would only
authorize Inspectors General to provide assistance to the National
Center, as resources are available. I hope this amendment will lay the
groundwork for future legislation authorizing IGs from other agencies
to assist the National Center in resolving cold cases domestically.
Again, I thank you for the opportunity to offer my amendment. I
encourage my colleagues to support this effort to bring our children
home.
Ms. JACKSON-LEE of Texas. Madam Chair, will the gentleman yield?
Mr. LAMPSON. I yield to the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Let me thank the gentleman for his ongoing
leadership on this issue. Since he started in the United States
Congress many years ago, he has led out on this issue.
I want to simply refer my colleagues to the idea of imagining the
horror of your child being missing, and imagine your child has been
missing for so long that his case is declared inactive. Now think about
where you would turn if you thought your missing child was in a foreign
country. The only parents who do not fear that scenario are those who
already live it.
So this idea of using the Department of Homeland Security, which
should be certainly interested in securing our children, is an
important step and certainly an important responsibility for the
Inspector General.
I would suggest that when we think of security we think of children
lost overseas or taken overseas. There is no better agency that could
utilize its Inspector General facilities and resources to be able to
help those families who are deeply suffering.
I want to thank the gentleman for yielding to me. I don't imagine any
of us could imagine the need for the resources of DHS checking
passengers, checking passports, interacting with the international law
enforcement, could not imagine a better use of our time than supporting
the gentleman's amendment and allowing the Inspector General to
participate in this very important project.
[[Page H4709]]
I support this amendment.
This amendment will allow the Inspector General of the Department of
Homeland Security to conduct reviews of ``cold cases'' stored at the
National Center for Missing and Exploited Children when the children or
the offenders are located outside of the U.S.
This amendment would permit the Inspector General to provide
assistance and develop recommendations for further investigation of
these hard to solve cases.
A missing child is the anguish of every parent and a concern to every
caring adult.
Imagine the horror of your child being missing. Imagine that the
child has been missing for so long, that its case is declared
``inactive.'' Now think about where you would turn if you thought your
missing child was in a foreign country.
The only parents who would not fear this scenario are those who
already live it.
In the creation of the Department of Homeland Security, DHS assumed
responsibility for border protection.
Many people may not understand how border protection intersects with
missing children.
I can tell you that as our inspectors check passengers entering and
leaving the United States, they have the opportunity to identify
missing children and their abductors.
Those employees of homeland security who are responsible for
protecting our borders and assuring that terrorists do not enter this
country also play a role in assuring that children who are leaving this
country are in the company of a parent or legal guardian.
But when efforts to intercept and detain a child abductor fail, more
is lost than just one child.
According to the National Center for Missing and Exploited Children
(NCMEC) thousands of American children are illegally transported from
the United States every year.
Through this amendment, we will add one more weapon in our arsenal to
safeguard America's children.
By bringing to bear the investigative abilities and fresh insights of
the Inspector General to these cases we can help resolve these cases
that others have given up on.
I urge my colleagues to support this amendment.
{time} 1715
Mr. LAMPSON. Reclaiming my time, I thank the gentlewoman for her
comments. There are some astounding statistics associated with this.
More than 1,000 children a year taken out of the country, and over
time, many of them grow cold. This is a perfect opportunity to allow a
good agency who wants to help to be able to do so.
Madam Chairman, I reserve the balance of my time.
Mr. KING of New York. Madam Chair, I claim the time in opposition to
the amendment.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KING of New York. Madam Chair, I yield myself the balance of the
time just to say that we have no objection to the gentleman's
amendment. I commend him on it, and I yield back the balance of my
time.
Mr. LAMPSON. Madam Chair, this is an excellent piece of legislation
that will help many children be brought back home and families
reunited.
I thank everyone, all of our colleagues, for consideration of this
and urge support.
Madam 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. Lampson).
The amendment was agreed to.
Amendment No. 21 Offered by Mr. Royce
The Acting CHAIRMAN. It is now in order to consider amendment No. 21
printed in House Report 110-136.
Mr. ROYCE. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 21 offered by Mr. Royce:
At the end of title IX, add the following new section:
SEC. 9__. STOLEN AND LOST TRAVEL DOCUMENT DATABASE.
(a) In General.--The Secretary of Homeland Security, acting
through the Commissioner of United States Customs and Border
Protection, shall, as expeditiously as possible, implement at
primary inspection points at United States ports of entry the
Stolen and Lost Travel Document database managed by Interpol.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101)) a report
on the implementation required under subsection (a).
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from California (Mr. Royce) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. ROYCE. Madam Chair, I yield myself such time as I may consume.
What I wanted to share with this body is that Ramzi Yousef used a
stolen passport to carry out the murderous attack that was conducted on
the World Trade Center back in 1993. He used that stolen passport to
enter the United States and claim asylum and then carry out that
attack.
Three years after the 9/11 Commission recommended that our border
officers have access to Interpol's lost and stolen passport data as an
automatic check at our ports of entry, we still do not have a situation
where we are utilizing that data, and this amendment would change that.
Now, there are many, many examples in Europe where these stolen
passports have created a crisis. Fraudulent passports were used in the
2004 Madrid bombing. In the 2005 London subway attacks, again, stolen
passports were used, and as argued recently in congressional testimony
by the Secretary General of Interpol, and I will quote from that
testimony before the Senate, ``Terrorist use of fraudulent travel
documents was one of the most dangerous gaps in global security back
around the time of September 2001. Unfortunately, it still is today.''
I can share with you as the ranking member of the Foreign Affairs
Subcommittee on Terrorism Non-Proliferation and Trade, this remains a
concern.
It has been a concern for Interpol since 2002. They started their
stolen and lost travel document database at that time. There were
several thousand passports that were stolen in blank form. This was a
particular problem. They posed a severe threat, given that these can be
easily made into bogus passports that are very, very easy to use and
difficult for law enforcement to detect. A stolen blank passport from a
visa waiver country raises the stakes, of course, because the holder is
subject to considerably less scrutiny because it is a visa waiver
country. So, if you look at the number of hits last year, 2,543,
generated by Interpol's database, 62 percent were from visa waiver
countries.
So the United States, we have some access to stolen passport
information through our own systems and through bilateral agreements,
but there is a gaping hole here. We need access to this system. There
are 2\1/2\ million stolen passports that are not on our radar screen.
This amendment then would ensure that DHS implement the Interpol
stolen passport database at primary inspection points at U.S. ports of
entry. The system developed by Interpol would enable U.S. border
security officials to check the passport database at the port of entry.
The same swipe of the passport would check the Interpol database with a
simultaneous check of the appropriate U.S. database. That is going to
enhance our security.
I will just share with the members of this body that the Swiss now
use this; 20,000 Swiss officers conduct between 300,000 and 400,000
database searches every month, and every month they detect over 100
people attempting to enter their country with stolen passports. The
French have the same experience.
It is very important that the U.S. access this database, and that is
what this amendment will do.
Madam Chairman, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Madam Chairman, I rise in opposition to
the amendment.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. THOMPSON of Mississippi. For the purpose of support only, I am in
support of Mr. Royce's amendment. The database created by Interpol has
proven to be very, very successful. The Swiss presently use the
database provided by Interpol. They stop some 100 persons entering into
that country per month. For the life of me, I cannot understand why CBP
will not use it.
It is a commonsense amendment. I trust the Department, once we
approve
[[Page H4710]]
it and ultimately pass the legislation, will follow the directions of
Congress.
So I support the Royce amendment in its present form.
Imposters who would do us harm prize fraudulent passports as a way to
gain entry into our country under false identities in order to carry
out criminal or terrorist activities.
INTERPOL has created a ``Stolen and Lost Travel Document'' (SLTD)
database to provide valuable and timely information about passports
reported lost or stolen to database users in order to intercept
imposters and assist law enforcement.
In the last couple of years, INTERPOL has populated its SLTD database
with millions of passport numbers that were reported lost or stolen.
Receiving real-time reporting of lost and stolen passports would
allow us to detect these imposters and prevent their entry into the
U.S.
Other countries that use INTERPOL's SLTD database have been
successful in intercepting imposters.
For example, the Swiss, have been stopping over 100 attempted entries
per month using fraudulent passports since December 2005 on the basis
of the real-time information INTERPOL has provided.
Yet, at U.S. Ports of Entry, Customs and Border Protection inspectors
do not yet have access to INTERPOL's database at primary inspection, so
this valuable anti-terrorism tool remains unavailable for screening
persons trying to enter the U. S.
This amendment would require CBP to provide its inspectors access to
INTERPOL's SLTD database at primary inspection within one year.
CBP has already declared that that it intends to implement use of
INTERPOL's SLTD database as soon as possible; this amendment will
ensure this takes place.
Support the Royce Amendment.
Mr. ROYCE. Madam Chairman, if I could just sum up on my time, again,
the 9/11 Commission recognized the importance of Interpol's database.
Janice Kephart, who was a counsel to the 9/11 Commission, testified
recently that U.S. support and engagement with Interpol is key to fully
implementing the 9/11 Commission recommendations on terrorist travel.
I would just also share with the body that yesterday we dodged a
bullet. It is significant that there have been no terrorist attacks
against our country since 9/11, but yesterday's disrupted plot shows
there is much work left to be done.
Adoption of this database will help combat the threat of terrorists
and criminals crossing our borders. I urge its adoption.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Royce).
The amendment was agreed to.
The Acting CHAIRMAN. The question is on the committee amendment in
the nature of a substitute, as amended.
The committee 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.
Rahall) having assumed the chair, Mrs. Jones of Ohio, 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.
1684) to authorize appropriations for the Department of Homeland
Security for fiscal year 2008, and for other purposes, pursuant to
House Resolution 382, she 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
reported from the Committee of the Whole?
Mr. PRICE of Georgia. Mr. Speaker, I demand a re-vote on the Thompson
amendment.
The SPEAKER pro tempore. Is a separate vote demanded on any other
amendment to the amendment reported from the Committee of the Whole?
The Clerk will redesignate the amendment on which a separate vote has
been demanded.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Thompson of Mississippi:
In the proposed section 401(b)(3)(B), as proposed to be
added by section 201 of the bill, insert before the period at
the end the following: ``, excluding each agency that is a
distinct entity within the Department''.
In the proposed section 401(b)(3)(E), as proposed to be
added by section 201 of the bill, insert before the period at
the end the following: ``, consistent with this section''.
Strike subsection (b) of the proposed section 707, as
proposed to be added by section 202 of the bill, and insert
the following:
``(b) Coordination.--The Secretary shall direct the Chief
Operating Officer of each component agency to coordinate with
that Officer's respective Chief Operating Officer of the
Department to ensure that the component agency adheres to
Government-wide laws, rules, regulations, and policies to
which the Department is subject and which the Chief Operating
Officer is responsible for implementing.''.
In the proposed section 707(c), strike ``reporting to'' and
insert ``coordinating with''.
In the proposed section 402(d), as proposed to be added by
section 203 of the bill, insert after ``submit to the
Committee on Homeland Security'' the following: ``and the
Committee on Transportation and Infrastructure''.
Strike the proposed subsection (d), as proposed to be added
by section 208 of the bill, and insert the following:
``(d) Authority of Assistant Secretary for Legislative
Affairs Over Departmental Counterparts.--The Secretary for
the Department shall ensure that the Assistant Secretary for
Legislative Affairs has adequate authority or the Assistant
Secretary's respective counterparts in component agencies of
the Department to ensure that such component agencies adhere
to the laws, rules, and regulations to which the Department
is subject and the departmental policies that the Assistant
Secretary for Legislative Affairs is responsible for
implementing.''.
In section 301(c), after ``submit to the Committee on
Homeland Security'' the following: ``and the Committee on
Oversight and Government Reform''.
In the proposed subsection (d)(1), as proposed to be added
by section 302 of the bill, strike ``and the Committee on
Homeland Security and Governmental Affairs of the Senate''
and insert ``, the Committee on Homeland Security and
Governmental Affairs of the Senate, and other appropriate
congressional committees''.
In the proposed subsection (d)(2), as proposed to be added
by section 302 of the bill, strike ``and the Committee on
Homeland Security and Governmental Affairs of the Senate''
and insert ``, the Committee on Homeland Security and
Governmental Affairs of the Senate, and other appropriate
congressional committees''.
In the proposed section 104(a), as proposed to be added by
section 304 of the bill, insert after ``congressional
homeland security committees'' the following: ``and other
appropriate congressional committees''.
Strike section 305 and conform the table of contents
accordingly.
In section 402, strike subsection (b) and insert the
following:
(b) Appointment Authority.--The Secretary (acting through
the Chief Procurement Officer) may, for the purpose of
supporting the Department's acquisition capabilities and
enhancing contract management throughout the Department,
appoint annuitants to positions in procurement offices in
accordance with succeeding provisions of this section, except
that no authority under this subsection shall be available
unless the Secretary provides to Congress a certification
that--
(1) the Secretary has submitted a request under section
8344(i) or 8468(f) of title 5, United States Code, on or
after the date of the enactment of this Act, with respect to
positions in procurement offices;
(2) the request described in paragraph (1) was properly
filed; and
(3) the Office of Personnel Management has not responded to
the request described in paragraph (1), by either approving,
denying, or seeking more information regarding such request,
within 90 days after the date on which such request was
filed.
In section 402, strike subsection (f) and insert the
following:
(f) Termination of Authority.--Effective 2 years after the
date of the enactment of this Act--
(1) all authority to make appointments under subsection (b)
shall cease to be available; and
(2) all exemptions under subsection (c) shall cease to be
effective.
In the proposed section 837(b), as proposed to be added by
section 403 of the bill, after ``require the contractor to
submit'' insert the following: ``past performance''.
In section 406, strike subsection (c) and redesignate
subsection (d) as subsection (c).
In the proposed section 839(b), as proposed to be added by
section 407 of the bill, strike paragraph (4).
In the proposed section 839(d), strike ``the micro-purchase
threshold (as defined in section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428))'' and insert ``the
simplified acquisition threshold (as defined in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C.
403))''.
In the proposed section 839, as proposed to be added by
section 407 of the bill, strike subsection (f).
In section 408(c), strike ``the Department of Homeland
Security shall consider'' and insert ``The Secretary of
Homeland Security shall consider, among the other factors the
Secretary deems relevant,''.
[[Page H4711]]
Strike section 409, redesignate section 410 as section 409,
and conform the table of contents accordingly.
In section 409, as so redesignated, strike ``The
Secretary'' and insert ``Consistent with any applicable law,
the Secretary''.
In section 501, redesignate subsections (g) and (h) as
subsections (h) and (i), respectively, and insert after
subsection (f), the following new subsection (g):
(g) Comptroller General Report.--The Comptroller General
shall conduct a comprehensive review of the retirement system
for law enforcement officers employed by the Federal
Government. The review shall include all employees
categorized as law enforcement officers for purposes of
retirement and any other Federal employee performing law
enforcement officer duties not so categorized. In carrying
out the review, the Comptroller General shall review
legislative proposals introduced over the 10 years preceding
the date of the enactment of this Act that are relevant to
the issue law enforcement retirement and consult with law
enforcement agencies and law enforcement employee
representatives. Not later than August 1, 2007, the
Comptroller General shall submit to Congress a report on the
findings of such review. The report shall include each of the
following:
(1) An assessment of the reasons and goals for the
establishment of the separate retirement system for law
enforcement officers, as defined in section 8331 of title 5,
United States Code, including the need for young and vigorous
law enforcement officers, and whether such reasons and goals
are currently appropriate.
(2) An assessment of the more recent reasons given for
including additional groups of employees in such system,
including recruitment and retention, and whether such reasons
and goals are currently appropriate.
(3) A determination as to whether the system is achieving
the goals in (1) and (2).
(4) A summary of potential alternatives to the system,
including increased use of bonuses, increased pay, and
raising the mandatory retirement age, and a recommendation as
to which alternatives would best meet each goal defined in
(1) and (2), including legislative recommendations if
necessary.
(5) A recommendation for the definition of law enforcement
officer.
(6) An detailed review of the current system including its
mandatory retirement age and benefit accrual.
(7) A recommendation as to whether the law enforcement
officer category should be made at the employee, function and
duty, job classification, agency or other level, and by whom.
(8) Any other relevant information.
In section 502(a) by inserting after ``transmit to the
Committee on Homeland Security'' the following: ``and the
Committee on Oversight and Government Reform''.
In section 504, strike subsection (b) and insert the
following:
(b) Appointment Authority.--The Secretary (acting through
the Commissioner of the United States Customs and Border
Protection) may, for the purpose of accelerating the ability
of the CBP to secure the borders of the United States,
appoint annuitants to positions in the CBP in accordance with
succeeding provisions of this section, except that no
authority under this subsection shall be available unless the
Secretary provides to Congress a certification that--
(1) the Secretary has submitted a request under section
8344(i) or 8468(f) of title 5, United States Code, on or
after the date of the enactment of this Act, with respect to
positions in the CBP;
(2) the request described in paragraph (1) was properly
filed; and
(3) the Office of Personnel Management has not responded to
the request described in paragraph (1), by either approving,
denying, or seeking more information regarding such request,
within 90 days after the date on which such request was
filed.
In section 504, strike subsection (f) and insert the
following:
(f) Termination of Authority.--Effective 2 years after the
date of the enactment of this Act--
(1) all authority to make appointments under subsection (b)
shall cease to be available; and
(2) all exemptions under subsection (c) shall cease to be
effective.
In section 505(a), insert after ``statutes'' the following:
`` and Office of Personnel Management Regulations and
Guidelines''.
Strike section 507, redesignate sections 508 through 513 as
sections 507 through 512, respectively, and conform the table
of contents accordingly.
In the proposed section 708, as proposed to be added by
section 508 of the bill, as so redesignated, strike
subsection (b)(1) and insert the following:
``(1) have responsibility for overall Department-wide
security activities, including issuing and confiscating
credentials, controlling access to and disposing of
classified and sensitive but unclassified materials,
controlling access to sensitive areas and Secured
Compartmentalized Intelligence Facilities, and communicating
with other government agencies on the status of security
clearances and security clearance applications;''.
Strike section 606 and conform the table of contents
accordingly.
In the proposed section 226(c)(1)(A), as proposed to be
added by section 701 of the bill, strike ``to monitor
critical information infrastructure'' and insert ``for
ongoing activities to identify threats to critical
information infrastructure''.
In section 702(c)(2), insert after ``Standards and
Technology,'' the following: ``the Department of Commerce,''.
Insert after section 702 the following (and conform the
table of contents accordingly):
SEC. 703. COLLABORATION.
In carrying out this title, the Assistant Secretary of
Homeland Security for Cybersecurity and Communications shall
collaborate with any Federal entity that, under law, has
authority over the activities set forth in this title.
In section 804(b)(1), strike ``maximum''.
In the proposed section 319(e), as proposed to be added by
section 805 of the bill, after ``the project may'' insert the
following: ``, subject to the availability of appropriations
for such purpose,''.
Insert at the end of title VIII the following (and conform
the table of contents accordingly):
SEC. 806. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.
(a) Authority.--The Under Secretary for Science and
Technology or his designee may make available to any person
or entity, for an appropriate fee, the services of any
Department of Homeland Security owned and operated center, or
other testing facility for the testing of materials,
equipment, models, computer software, and other items
designed to advance the homeland security mission.
(b) Interference With Federal Programs.--The Under
Secretary for Science and Technology shall ensure that the
testing of materiel and other items not owned by the
Government shall not cause government personnel or other
government resources to be diverted from scheduled tests of
Government materiel or otherwise interfere with Government
mission requirements.
(c) Confidentiality of Test Results.--The results of tests
performed with services made available under subsection (a)
and any associated data provided by the person or entity for
the conduct of such tests are trade secrets or commercial or
financial information that is privileged or confidential
within the meaning of section 552b(4) of title 5, United
States Code, and may not be disclosed outside the Federal
Government without the consent of the person or entity for
whom the tests are performed.
(d) Fees.--The fees for exercising the authorities under
subsection (a) may not exceed the amount necessary to recoup
the direct and indirect costs involved, such as direct costs
of utilities, contractor support, and salaries of personnel
that are incurred by the United States to provide for the
testing.
(e) Use of Fees.--The fees for exercising the authorities
under subsection (a) shall be credited to the appropriations
or other funds of the Directorate of Science and Technology.
(f) Operational Plan.--Not later than 90 days after the
date of the enactment of this Act, the Under Secretary for
Science and Technology shall submit to Congress a report
detailing a plan for operating a program that would allow any
person or entity, for an appropriate feel, to use any center
or testing facility owned and operated by the Department of
Homeland Security for testing of materials, equipment,
models, computer software, and other items designed to
advance the homeland security mission. The plan shall
include--
(1) a list of the facilities and equipment that could be
made available to such persons or entities;
(2) a five-year budget plan, including the costs for
facility construction, staff training, contract and legal
fees, equipment maintenance and operation, and any incidental
costs associated with the program;
(3) A five-year estimate of the number of users and fees to
be collected;
(4) a list of criteria for selecting private-sector users
from a pool of applicants, including any special requirements
for foreign applicants; and
(5) an assessment of the effect the program would have on
the ability of a center or testing facility to meet its
obligations under other Federal programs.
(g) Report to Congress.--The Under Secretary for Science
and Technology shall submit to Congress an annual report
containing a list of the centers and testing facilities that
have collected fees under this section, the amount of fees
collected, a brief description of each partnership formed
under this section, and the purpose for which the testing was
conducted.
(h) GAO.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress an assessment of the implementation of this
section.
Strike section 904 and insert the following (and conform
the table of contents accordingly):
SEC. 904. REPORT ON IMPLEMENTATION OF THE STUDENT AND
EXCHANGE VISITOR PROGRAM.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General shall submit to the
appropriate congressional committees a report to update the
Government Accountability Office report of June 18, 2004,
GAO-04-690, on the Student and Exchange Visitor Program
(referred to in this section as ``SEVP'') and specifically
the Student and Exchange Visitor Information System (referred
to in this section as ``SEVIS''). The report shall include
the following information:
(1) The rate of compliance with the current SEVIS
requirements by program sponsors
[[Page H4712]]
and educational institutions, including non-academic
institutions authorized to admit students under SEVIS.
(2) Whether there are differences in compliance rates among
different types and sizes of institutions participating in
SEVIS.
(3) Whether SEVIS adequately ensures that each covered
foreign student or exchange visitor in nonimmigrant status
is, in fact, actively participating in the program for which
admission to the United States was granted.
(4) Whether SEVIS includes data fields to ensure that each
covered foreign student or exchange visitor in nonimmigrant
status is meeting minimum academic or program standards and
that major courses of study are recorded, especially those
that may be of national security concern.
(5) Whether the Secretary of Homeland Security provides
adequate access, training, and technical support to
authorized users from the sponsoring programs and educational
institutions in which covered foreign students and exchange
visitors in a nonimmigrant status are enrolled.
(6) Whether each sponsoring program or educational
institution participating in SEVP has designated enough
authorized users to comply with SEVIS requirements.
(7) Whether authorized users at program sponsors or
educational institutions are adequately vetted and trained.
(8) Whether the fees collected are adequate to support
SEVIS.
(9) Whether there any new authorities, capabilities, or
resources needed for SEVP and SEVIS to fully perform.
Strike section 906, redesignate section 907 as section 906,
and conform the table of contents accordingly.
In section 1003, strike subsection (b) and insert the
following:
(b) Appointment Authority.--The Secretary (acting through
the Assistant Secretary for Information Analysis) may, for
the purpose of accelerating the ability of the IA to perform
its statutory duties under the Homeland Security Act of 2002,
appoint annuitants to positions in the IA in accordance with
succeeding provisions of this section, except that no
authority under this subsection shall be available unless the
Secretary provides to Congress a certification that--
(1) the Secretary has submitted a request under section
8344(i) or 8468(f) of title 5, United States Code, on or
after the date of the enactment of this Act, with respect to
positions in the IA;
(2) the request described in paragraph (1) was properly
filed; and
(3) the Office of Personnel Management has not responded to
the request described in paragraph (1), by either approving,
denying, or seeking more information regarding such request,
within 90 days after the date on which such request was
filed.
In section 1003, strike subsection (f) and insert the
following:
(f) Termination of Authority.--Effective 2 years after the
date of the enactment of this Act--
(1) all authority to make appointments under subsection (b)
shall cease to be available; and
(2) all exemptions under subsection (c) shall cease to be
effective.
Strike section 1101, redesignate sections 1102 through 1108
as sections 1101 through 1107, respectively, and conform the
table of contents accordingly.
Strike sections 1109, 1110, 1111, redesignate sections 1112
through 1119 as sections 1108 through 1115, respectively, and
amend the table of contents accordingly.
Strike section 1120, redesignate section 1121 as section
1116, and amend the table of contents accordingly.
Strike section 1102, as so redesignated, and insert the
following:
SEC. 1102. CRITICAL INFRASTRUCTURE STUDY.
The Secretary of Homeland Security shall work with the
Center for Risk and Economic Analysis of Terrorism Events
(CREATE), led by the University of Southern California, to
evaluate the feasibility and practicality of creating further
incentives for private sector stakeholders to share protected
critical infrastructure information with the Department for
homeland security and other purposes.
In section 1103, as so redesignated, strike ``and
immigration status databases''.
In the heading for section 1103, as so redesignated, strike
``and immigration review''.
In the proposed section 890A(a), as proposed to be added by
section 1106 of the bill, as so redesignated, insert after
paragraph (2) the following:
``(3) Excluded programs.--This section shall not apply to
or otherwise affect any grant issued under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) or the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.).''.
Add at the end of title XI the following (and conform the
table of contents accordingly):
SEC. 1117. COMPTROLLER GENERAL REPORT ON CRITICAL
INFRASTRUCTURE.
(a) Requirement.--The Comptroller General of the United
States shall conduct a study to--
(1) determine the extent to which architecture,
engineering, surveying, and mapping activities related to the
critical infrastructure of the United States are being sent
to offshore locations;
(2) assess whether any vulnerabilities or threats exist
with respect to terrorism; and
(3) recommend policies, regulations, or legislation, as
appropriate, that may be necessary to protect the national
and homeland security interests of the United States.
(b) Consultation.--In carrying out the study authorized by
this section, the Comptroller General shall consult with--
(1) such other agencies of the Government of the United
States as are appropriate; and
(2) national organizations representing the architecture,
engineering, surveying, and mapping professions.
(c) Report.--The Comptroller General shall submit to the
Committees on Transportation and Infrastructure, Energy and
Commerce, and Homeland Security of the House of
Representatives, and to the Senate, by not later than 6
months after the date of the enactment of this Act a report
on the findings, conclusions, and recommendations of the
study under this section.
(d) Definitions.--As used in this section--
(1) each of the terms ``architectural'', ``engineering'',
``surveying'', and ``mapping''--
(A) subject to subparagraph (B), has the same meaning such
term has under section 1102 of title 40, United States Code;
and
(B) includes services performed by professionals such as
surveyors, photogrammetrists, hydrographers, geodesists, or
cartographers in the collection, storage, retrieval, or
dissemination of graphical or digital data to depict natural
or man-made physical features, phenomena, or boundaries of
the earth and any information related to such data, including
any such data that comprises the processing of a survey, map,
chart, geographic information system, remotely sensed image
or data, or aerial photograph; and
(2) the term ``critical infrastructure''--
(A) means systems and assets, whether physical or virtual,
so vital to the United States that the incapacity or
destruction of such systems and assets would have a
debilitating impact on security, national economic security,
national public health or safety, or any combination of those
matters; and
(B) includes the basic facilities, structures, and
installations needed for the functioning of a community or
society, including transportation and communications systems,
water and power lines, power plants, and the built
environment of private and public institutions of the United
States.
Add at the end of title XI the following (and conform the
table of contents accordingly):
SEC. 1118. IMPROVING THE NEXUS AND FAST REGISTERED TRAVELER
PROGRAMS.
(a) Merging Requirements of Nexus and Fast.--
(1) In general.--The Secretary of Homeland Security shall
merge the procedures for the programs described in subsection
(j) into a single procedure, with common eligibility and
security screening requirements, enrollment processes, and
sanctions regimes.
(2) Specific requirements.--In carrying out paragraph (1),
the Secretary shall ensure that the procedures for the
programs known as ``NEXUS Highway'', ``NEXUS Marine'', and
``NEXUS Air'' are integrated into such a single procedure.
(b) Integrating Nexus and Fast Information Systems.--The
Secretary of Homeland Security shall integrate all databases
and information systems for the programs described in
subsection (j) in a manner that will permit any
identification card issued to a participant to operate in all
locations where a program described in such subsection is
operating.
(c) Creation of Nexus Convertible Lanes.--In order to
expand the NEXUS program described in subsection (j)(2) to
major northern border crossings, the Secretary of Homeland
Security, in consultation with appropriate representatives of
the Government of Canada, shall equip not fewer than six new
northern border crossings with NEXUS technology.
(d) Creation of Remote Enrollment Centers.--The Secretary
of Homeland Security, in consultation with appropriate
representatives of the Government of Canada, shall create a
minimum of two remote enrollment centers for the programs
described in subsection (j). Such a remote enrollment center
shall be established at each of the border crossings
described in subsection (c).
(e) Creation of Mobile Enrollment Centers.--The Secretary
of Homeland Security, in consultation with appropriate
representatives of the Government of Canada, shall create a
minimum of two mobile enrollment centers for the programs
described in subsection (j). Such mobile enrollment centers
shall be used to accept and process applications in areas
currently underserved by such programs. The Secretary shall
work with State and local authorities in determining the
locations of such mobile enrollment centers.
(f) On-Line Application Process.--The Secretary of Homeland
Security shall design an on-line application process for the
programs described in subsection (j). Such process shall
permit individuals to securely submit their applications on-
line and schedule a security interview at the nearest
enrollment center.
(g) Promoting Enrollment.--
(1) Creating incentives for enrollment.--In order to
encourage applications for the programs described in
subsection (j), the Secretary of Homeland Security shall
develop a plan to admit participants in an amount that is as
inexpensive as possible per card issued for each of such
programs.
(2) Customer service phone number.--In order to provide
potential applicants with
[[Page H4713]]
timely information for the programs described in subsection
(j), the Secretary of Homeland Security shall create a
customer service telephone number for such programs.
(3) Publicity campaign.--The Secretary shall carry out a
program to educate the public regarding the benefits of the
programs described in subsection (j).
(h) Travel Document for Travel Into United States.--For
purposes of the plan required under section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004, an
identification card issued to a participant in a program
described in subsection (j) shall be considered a document
sufficient on its own when produced to denote identity and
citizenship for travel into the United States by United
States citizens and by categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(4)(B)).
(i) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit to the appropriate congressional committees (as
defined in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101)) a report on the implementation of subsections
(a) through (g).
(j) Programs.--The programs described in this subsection
are the following:
(1) The FAST program authorized under subpart B of title IV
of the Tariff Act of 1930 (19 U.S.C. 1411 et seq.).
(2) The NEXUS program authorized under section 286(q) of
the Immigration and Nationality Act (U.S.C. 1356(q)).
SEC. 1119. TRAVEL DOCUMENTS.
(a) Travel to Canada and Mexico.--Section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 is
amended by adding at the end the following new paragraphs:
``(3) Pass card infrastructure.--The Secretary of Homeland
Security shall conduct not less than one trial on the
usability, reliability, and effectiveness of the technology
that the Secretary determines appropriate to implement the
documentary requirements of this subsection. The Secretary
may not issue a final rule implementing the requirements of
this subsection until such time as the Secretary has
submitted to the appropriate congressional committees (as
defined in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101)) a report on the results and outcome of such
trial or trials. The report shall include data and evidence
that demonstrates that the technology utilized in such trial
or trials is operationally superior to other alternative
technology infrastructures.
``(4) Flexible implementation period.--In order to provide
flexibility upon implementation of the plan developed under
paragraph (1), the Secretary of Homeland Security shall
establish a special procedure to permit an individual who
does not possess a passport or other document, or combination
of documents, as required under paragraph (1), but who the
Secretary determines to be a citizen of the United States, to
re-enter the United States at an international land or
maritime border of the United States. The special procedure
referred to in this paragraph shall terminate on the date
that is 180 days after the date of the implementation of the
plan described in paragraph (1)(A).
``(5) Special rule for certain minors.--Except as provided
in paragraph (6), citizens of the United States or Canada who
are less than 16 years of age shall not be required to
present to an immigration officer a passport or other
document, or combination of documents, as required under
paragraph (1), when returning or traveling to the United
States from Canada, Mexico, Bermuda, or the Carribean at any
port of entry along the international land or maritime border
of the United States.
``(6) Special rule for certain student minors traveling as
part of an authorized and supervised school trip.--
Notwithstanding the special rule described in paragraph (5),
the Secretary of Homeland Security is authorized to consider
expanding the special rule for certain minors described in
such paragraph to a citizen of the United States or Canada
who is less than 19 years of age but is 16 years of age or
older and who is traveling between the United States and
Canada at any port of entry along the international or
maritime border between the two countries if such citizen is
so traveling as a student as part of an authorized and
supervised school trip.
``(7) Public outreach.--To promote travel and trade across
the United States border, the Secretary of Homeland Security
shall develop a public communications plan to promote to
United States citizens, representatives of the travel and
trade industries, and local government officials information
relating to the implementation of this subsection. The
Secretary of Homeland Security shall coordinate with
representatives of the travel and trade industries in the
development of such public communications plan.
``(8) Cost-benefit analysis.--The Secretary of Homeland
Security shall prepare an extensive regulatory impact
analysis that is fully compliant with Executive Order 12866
and Office of Management and Budget Circular A-4 for an
economically significant regulatory action before publishing
a rule with respect to the implementation of the requirements
of this subsection.''.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act and every 120 days thereafter, the
Secretary of Homeland Security shall submit to the
appropriate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101)) a report
on the implementation of paragraphs (3) through (8) of
section 7209(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Strike title XII and conform the table of contents
accordingly.
The SPEAKER pro tempore. The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. PRICE of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 212,
nays 209, not voting 12, as follows:
[Roll No. 316]
YEAS--212
Abercrombie
Ackerman
Allen
Andrews
Arcuri
Baca
Baird
Baldwin
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boucher
Boyd (FL)
Boyda (KS)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Emanuel
Eshoo
Etheridge
Farr
Frank (MA)
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (TX)
Smith (WA)
Snyder
Solis
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth
NAYS--209
Aderholt
Akin
Alexander
Altmire
Bachmann
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boswell
Boustany
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Cramer
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Jo Ann
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly
Doolittle
Drake
Dreier
Duncan
Ehlers
Ellsworth
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McKeon
Mica
[[Page H4714]]
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Murphy, Patrick
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Space
Stearns
Sullivan
Tancredo
Tanner
Terry
Thornberry
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--12
Brady (PA)
Engel
Fattah
Filner
Johnson, E. B.
Larson (CT)
McMorris Rodgers
Moran (KS)
Renzi
Souder
Tiahrt
Waxman
{time} 1751
Mr. WALDEN of Oregon and Mr. JONES of North Carolina changed their
vote from ``yea'' to ``nay.''
Mr. HODES, Mrs. GILLIBRAND, and Mr. HILL changed their vote from
``nay'' to ``yea.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the committee amendment
in the nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
Parliamentary Inquiry
Mr. PRICE of Georgia. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. PRICE of Georgia. Mr. Speaker, isn't it true that, under the
rules of the House, rule XX, clause 2 states that the vote shall not be
held open for the sole purpose of changing the outcome of the vote?
The SPEAKER pro tempore. It is true that, under clause 2(a) of rule
XX, a vote by electronic device shall not be held open for the sole
purpose of reversing the outcome of such vote.
Mr. PRICE of Georgia. Further inquiry, Mr. Speaker.
The SPEAKER pro tempore. The gentleman from Georgia will state his
parliamentary inquiry.
Mr. PRICE of Georgia. Isn't it true that, on the vote that was just
taken, that at a point after the expiration of the time, that in fact
the noes had prevailed and that individuals then changed their votes?
The SPEAKER pro tempore. In conducting a vote by electronic device,
the Chair is constrained to differentiate between activity toward the
establishment of an outcome, on one hand, and activity that might have
as its purpose the reversal of an already established outcome, on the
other. The Chair will state that this was an ongoing vote.
Mr. PRICE of Georgia. Final inquiry, Mr. Speaker.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. PRICE of Georgia. Is the Speaker able to inform the House as to
the length of time that that vote was kept open?
The SPEAKER pro tempore. The Chair does not have that information.
Mr. PRICE of Georgia. I thank the Speaker.
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. Dent
Mr. DENT. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. DENT. I am in its present form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Motion To Recommit With Instructions Offered by Mr. Dent of
Pennsylvania
Mr. Dent of Pennsylvania moves to recommit the bill H.R.
1684 to the Committee on Homeland Security with instructions
that the committee report the same back to the House
forthwith with the following instructions:
At the appropriate place in the bill, insert the following:
SEC. __. AUTOMATED TARGETING SYSTEM FOR PERSONS ENTERING OR
DEPARTING THE UNITED STATES.
(a) Findings of the 9/11 Commission.--Congress finds that
the National Commission on Terrorist Attacks Upon the United
States (commonly referred to as the 9/11 Commission)
concluded that--
(1) ``The small terrorist travel intelligence collection
and analysis program currently in place has produced
disproportionately useful results. It should be expanded.
Since officials at the border encounter travelers and their
documents first and investigate travel facilitators, they
must work closely with intelligence officials.'';
(2) ``Information systems able to authenticate travel
documents and detect potential terrorist indicators should be
used at consulates, at primary border inspection lines, in
immigration service offices, and intelligence and enforcement
units.'';
(3) ``The President should direct the Department of
Homeland Security to lead the effort to design a
comprehensive screening system, addressing common problems
and setting common standards with systemwide goals in
mind.'';
(4) ``A screening system looks for particular, identifiable
suspects or indicators of risk. It does not involve guesswork
about who might be dangerous. It requires frontline border
officials who have the tools and resources to establish that
people are who they say they are, intercept identifiable
suspects, and disrupt terrorist operations.''; and
(5) ``Inspectors adjudicating entries of the 9/11 hijackers
lacked adequate information and knowledge of the rules. A
modern border and immigration system should combine a
biometric entry-exit system with accessible files on visitors
and immigrants, along with intelligence on indicators of
terrorist travel.''.
(b) Automated Targeting System for Persons Entering or
Departing the United States.--The Secretary of Homeland
Security, acting through the Commissioner of Customs and
Border Protection, may establish an automated system for the
purpose of the enforcement of United States law, including
laws relating to anti-terrorism and border security, to
assist in the screening of persons seeking to enter or depart
the United States (in this section referred to as the
``system'').
(c) Administrative Process to Correct Information.--The
Secretary, acting through the Commissioner, shall ensure than
an administrative process is established, or application of
an existing administrative process is extended, pursuant to
which any individual may apply to correct any information
retained by the system established under subsection (b).
Nothing in this section shall be construed as creating a
private right of action for any case or claim arising from
the application of the system or the corrective
administrative process established or applied under this
section.
(d) Rule of Construction.--Nothing in this section shall be
construed as abrogating, diminishing, or weakening the
provisions of any Federal or State law that prevents or
protects against the unauthorized collection or release of
personal records.
Mr. DENT (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 Pennsylvania?
There was no objection.
The SPEAKER pro tempore. The gentleman from Pennsylvania is
recognized for 5 minutes.
Mr. DENT. Mr. Speaker, if this Congress is serious, truly serious
about implementing the recommendations of the 9/11 Commission, Members
should vote in favor of this motion to recommit.
The 9/11 Commission told us that we needed to develop a better border
security system. And, let me repeat. This amendment implements a key 9/
11 Commission recommendation.
Specifically, the 9/11 Commission advised the President to direct the
Department of Homeland Security to design a comprehensive screening
system that would target particular identifiable suspects or indicators
of risk and give border officials the resources to establish that
people are who they say they are, intercept identifiable suspects and
disrupt terrorist operations. They went on to say and conclude that
targeting travel is at least as powerful a weapon against terrorists as
targeting their money, and that is the 9/11 Commission Report,
recommendation 14, page 385, and recommended that a terrorist travel
intelligence collection and analysis program which had produced
disproportionately useful results should be expanded.
The Automated Targeting System for Passengers is such a system, and
this motion would reinforce our intention to see ATS-P utilized at all
of our Nation's international border crossing points.
[[Page H4715]]
ATS-P is nothing new. It is already being utilized by U.S. Customs
and Border Protection, or CBP. It has been authorized in several
appropriations bills, and the Department of Homeland Security has
testified before Congress about the program several times.
ATS-P does not violate anyone's constitutional rights. It is deployed
only at the border. And Federal courts have said time and time again
that screening people who are trying to enter our country at a port of
entry is perfectly permissible under the fourth amendment.
All ATS-P does is collect information from available sources, the
Treasury Enforcement Communications System, or TECS, and the Passenger
Name Record databases, so that CBP can perform risk assessments of
people trying to enter the United States.
ATS-P addresses a major software issue that had previously hampered
border control efforts. TECS has existed since the 1970s but was
written in a cumbersome programming language that was difficult for
Border Patrol agents to access. ATS-P just makes it easier for CBP to
make inquiries into this database.
The bottom line here is that ATS-P, after factoring in the available
information, indicates to the Customs and Border Protection officer
whether an international traveler should be flagged for additional
screening or questioning. That CBP officer retains the discretion to do
with that information as he or she pleases. But by giving advance
notice of an investigatory lead, ATS-P allows the officer and the
agency to operate more effectively, to engage in screening that is
risk-based. It is not surprising, then, that CBP considers ATS-P to be
the cornerstone of its targeting efforts at the border.
ATS-P has had notable successes. It has been credited with
identifying persons of interest to border security officials in
Atlanta, Minneapolis and Boston.
For all of us here in the Congress who are serious about border
security, this motion, which supports the already existing ATS-P
program, is an absolute no-brainer: It follows the recommendations of
the 9/11 Commission. It provides needed information to CBP officers. It
does not violate anyone's civil or constitutional rights. And, most
importantly, it works. For all the reasons I have just stated, I ask
respectfully that you vote in favor of the motion to recommit.
At this time, I yield to the ranking member of the Homeland Security
Committee, Mr. King of New York.
{time} 1800
Mr. KING of New York. I thank the gentleman for yielding. I urge
adoption of the motion to recommit.
The time has come for the majority party to follow through on its
commitment to carry out the recommendations of the 9/11 Commission.
This is a basic recommendation of the 9/11 Commission. They have said
it again and again. This an essential component.
Just as many provisions of the base bill were stripped out, now the
majority, apparently, is opposing this, again, basic component of the
9/11 Commission.
The time has come. You stand with the Civil Liberties Union or you
stand with the 9/11 Commission. We stand with the 9/11 Commission and
urge the adoption of the motion to recommit.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in opposition to the
motion to recommit.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 1 minute to the
gentlelady from California (Ms. Zoe Lofgren).
The SPEAKER pro tempore. The gentleman may yield, but he may reclaim
time as he sees fit.
Ms. ZOE LOFGREN of California. Mr. Speaker, this amendment is a bad
idea.
In 1996, I think it was Congressman Sensenbrenner who proposed the
US-VISIT system. That was 11 years ago, and the US-VISIT is not yet
fully implemented. That system is to biometrically check aliens who are
entering the United States. I believe that to divert Homeland Security
from that mission at this point would put our government at further
risk.
We are promised by Homeland that US-VISIT will be completely
implemented at airports by the end of this year. Land ports, they're
not implementing. So I think it would be a huge mistake to start some
new system when we haven't even implemented the Sensenbrenner plan from
1996.
I'd like to note further that in the body of the motion to recommit
it suggests that it is true that the 9/11 hijackers were not admissible
to the United States when they were admitted. But the inspectors at the
airport didn't know that, not because of the biometric system. It was
because the reasons for their inadmissibility lay in paper files on
microfiche in a box in Florida.
We are about to receive a technology upgrade plan from USCIS. In
fact, we have been told it is sitting at OMB today. What we need to do
is to implement US-VISIT, integrate it with the new technology plan
that is about to be brought online. It will be a dreadful mistake for
the Congress to defer a Department that is not terrifically functional
as is from this vital mission by creating still another program that
will not actually do its job.
Mr. DENT. Will the gentlelady yield?
Ms. ZOE LOFGREN of California. No, I will not. That will not actually
do its job because we have failed to do the screening of aliens.
I would thank the chairman of the committee for yielding this brief
time, and I would urge my colleagues not to divert the Department from
the vital mission of implementing US-VISIT.
Mr. THOMPSON of Mississippi. Reclaiming my time, Mr. Speaker, for the
record, CBP filed a privacy notice act informing the public that they
had been utilizing the Automated Targeting System, otherwise known as
ATS, for 5 years without public notice. When I learned of the problems
associated with ATS, I immediately joined hundreds of others by filing
a comment.
Mr. DENT. Would the gentleman yield?
Mr. THOMPSON of Mississippi. I will not.
Filing a comment requesting that CBP take a second look at this
program.
CBP has not re-issued a new notice, and the questions that I and many
others have about ATS have not yet been answered. Until a new notice is
released, I consider this program and this motion to recommit premature
and the program itself highly questionable.
The amount of information collected by ATS and the fact that the
information remains in the system for up to 40 years is reason enough
to warrant a closer look.
The motion to recommit ignores the privacy act notice process that is
under way, and I urge my colleagues to oppose it
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered.
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. GOHMERT. Mr. Speaker, on that, I demand the yeas and nays.
The yeas and nays were ordered.
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 final
passage of the bill.
The vote was taken by electronic device, and there were--yeas 264,
nays 160, not voting 8, as follows
[Roll No. 317]
YEAS--264
Aderholt
Akin
Alexander
Altmire
Andrews
Bachmann
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boswell
Boustany
Boyd (FL)
Boyda (KS)
Brady (TX)
Braley (IA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carney
Carter
Castle
Chabot
Chandler
Coble
Cohen
Cole (OK)
Conaway
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Cubin
Culberson
Davis (AL)
Davis (KY)
Davis, David
Davis, Jo Ann
Davis, Lincoln
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Donnelly
Doolittle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellsworth
Emanuel
Emerson
English (PA)
Everett
Fallin
[[Page H4716]]
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Hall (NY)
Hall (TX)
Hare
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Hobson
Hodes
Hoekstra
Holden
Hooley
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Kagen
Keller
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lucas
Lungren, Daniel E.
Mack
Mahoney (FL)
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McNerney
Mica
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Mitchell
Moore (KS)
Moran (KS)
Murphy, Patrick
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Royce
Ryan (WI)
Salazar
Sali
Saxton
Schmidt
Schwartz
Sensenbrenner
Sessions
Sestak
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Sires
Smith (NE)
Smith (NJ)
Smith (TX)
Space
Spratt
Stearns
Sullivan
Tancredo
Tanner
Taylor
Terry
Thornberry
Tiahrt
Tiberi
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Yarmuth
Young (AK)
Young (FL)
NAYS--160
Abercrombie
Ackerman
Allen
Arcuri
Baca
Baird
Baldwin
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boucher
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carson
Castor
Clarke
Clay
Cleaver
Clyburn
Conyers
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dingell
Doggett
Doyle
Ellison
Eshoo
Etheridge
Farr
Filner
Frank (MA)
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Higgins
Hinchey
Hinojosa
Hirono
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Lee
Levin
Lewis (GA)
Lofgren, Zoe
Lowey
Lynch
Maloney (NY)
Markey
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Murphy (CT)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Shea-Porter
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Stark
Stupak
Sutton
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn
NOT VOTING--8
Brady (PA)
Engel
Fattah
Johnson, E. B.
Larson (CT)
McMorris Rodgers
Renzi
Souder
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Lincoln Davis of Tennessee) (during the
vote). Members are advised there are 2 minutes left in this vote.
{time} 1825
Mr. GENE GREEN of Texas and Mr. LEVIN changed their vote from ``yea''
to ``nay.''
Messrs. HARE, SESTAK, SIRES, ROSS, COURTNEY, COHEN, YARMUTH, HOLDEN,
PERLMUTTER, MILLER of North Carolina, UDALL of Colorado, EMANUEL,
SPRATT, ANDREWS, VAN HOLLEN, GORDON of Tennessee, DICKS, COSTA, UDALL
of New Mexico, and Ms. HOOLEY changed their vote from ``nay'' to
``yea.''
So the motion to recommit was agreed to.
The result of the vote was announced as above recorded.
Mr. THOMPSON of Mississippi. Mr. Speaker, pursuant to the
instructions of the House on the motion to recommit, I report H.R. 1684
back to the House with an amendment.
I ask unanimous consent that title XII, the Maritime Alien Smuggling
provision of the bill, as reported, be restored to the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Mississippi?
Mr. KING of New York. Mr. Speaker, I reserve the right to object.
The SPEAKER pro tempore. The gentleman from New York is recognized.
Mr. KING of New York. Mr. Speaker, can the gentleman from Mississippi
explain the nature of his unanimous consent request?
Mr. THOMPSON of Mississippi. Absolutely. Some Members have raised the
issue about the Maritime Alien Smuggling provision of the bill, and we
have decided if we can get unanimous consent, we will put it back in
the bill, as originally approved by our committee. And we are asking
unanimous consent to do it.
Mr. KING of New York. Mr. Speaker, regrettably, not being told in
advance, I would have to object to the unanimous consent request.
Mr. THOMPSON of Mississippi. Mr. Ranking Member, there is somebody on
your side who received notice of this.
Mr. KING of New York. No one I am aware of has received notice. I am
not trying to be disagreeable. This is the first I have heard of it.
Mr. HOYER. If the gentleman will yield, I believe we did give notice.
My staff gave notice to the leader's staff, I believe. This came out of
committee, as you know, unanimously. I think we are all for this
provision. There was a jurisdictional issue raised. I think we have
resolved that jurisdictional issue. I know that all your Members voted
for it. I think most of our Members would want to vote for it, and we
are certainly hopeful that we can move ahead and have this in the bill
at this time.
I thank my friend for yielding.
Mr. KING of New York. Mr. Speaker, this is the first I have heard.
All I heard from leadership staff several minutes ago was that there
might be a unanimous consent request. We were not told any of the
details of it whatsoever. I have not seen the language that is proposed
to be put back in. And, again, regrettably, at this time, I would have
to continue reserving the right to object.
Again, we had almost 20 minutes in the motion to recommit, and if
someone would have shown it to us, we could have looked at it. We have
not seen it. I have no idea what the language is.
Mr. HOYER. Will my friend yield?
Mr. KING of New York. I will yield, yes.
Mr. HOYER. I don't want to be cute about this, but this was the
amendment that was offered by you, I don't mean you personally
necessarily, but this was the amendment you just offered. It was not
approved, not because we didn't favor it but because we had a
jurisdictional issue on our side. And in light of the fact that it is
your amendment that you offered and it is an amendment which I think
will pass the House handily, I would hope that the gentleman would
reconsider or perhaps if we could give him maybe 5 minutes for the
purposes of reviewing his amendment to determine whether he is still
for his amendment.
Mr. KING of New York. Mr. Speaker, I reserve the right to object.
This is the first time we have seen a copy.
Mr. HOYER. This is your amendment we are asking unanimous consent to
adopt.
Mr. KING of New York. Again, I object, Mr. Speaker.
The SPEAKER pro tempore. Objection is heard.
The Clerk will report the amendment.
The Clerk read as follows:
Amendment
At the appropriate place in the bill, insert the following:
SEC. __. AUTOMATED TARGETING SYSTEM FOR PERSONS ENTERING OR
DEPARTING THE UNITED STATES.
(a) Findings of the 9/11 Commission.--Congress finds that
the National Commission on Terrorist Attacks Upon the United
States (commonly referred to as the 9/11 Commission)
concluded that--
[[Page H4717]]
(1) ``The small terrorist travel intelligence collection
and analysis program currently in place has produced
disproportionately useful results. It should be expanded.
Since officials at the border encounter travelers and their
documents first and investigate travel facilitators, they
must work closely with intelligence officials.'';
(2) ``Information systems able to authenticate travel
documents and detect potential terrorist indicators should be
used at consulates, at primary border inspection lines, in
immigration service offices, and intelligence and enforcement
units.'';
(3) ``The President should direct the Department of
Homeland Security to lead the effort to design a
comprehensive screening system, addressing common problems
and setting common standards with systemwide goals in
mind.'';
(4) ``A screening system looks for particular, identifiable
suspects or indicators of risk. It does not involve guesswork
about who might be dangerous. It requires frontline border
officials who have the tools and resources to establish that
people are who they say they are, intercept identifiable
suspects, and disrupt terrorist operations.''; and
(5) ``Inspectors adjudicating entries of the 9/11 hijackers
lacked adequate information and knowledge of the rules. A
modern border and immigration system should combine a
biometric entry-exit system with accessible files on visitors
and immigrants, along with intelligence on indicators of
terrorist travel.''.
(b) Automated Targeting System for Persons Entering or
Departing the United States.--The Secretary of Homeland
Security, acting through the Commissioner of Customs and
Border Protection, may establish an automated system for the
purpose of the enforcement of United States law, including
laws relating to anti-terrorism and border security, to
assist in the screening of persons seeking to enter or depart
the United States (in this section referred to as the
``system'').
(c) Administrative Process to Correct Information.--The
Secretary, acting through the Commissioner, shall ensure than
an administrative process is established, or application of
an existing administrative process is extended, pursuant to
which any individual may apply to correct any information
retained by the system established under subsection (b).
Nothing in this section shall be construed as creating a
private right of action for any case or claim arising from
the application of the system or the corrective
administrative process established or applied under this
section.
(d) Rule of Construction.--Nothing in this section shall be
construed as abrogating, diminishing, or weakening the
provisions of any Federal or State law that prevents or
protects against the unauthorized collection or release of
personal records.
{time} 1830
Mr. PRICE of Georgia (during the reading). Mr. Speaker, I ask
unanimous consent to dispense with the reading.
The SPEAKER pro tempore (Mr. Lincoln Davis of Tennessee). Is there
objection to the request of the gentleman from Georgia?
Mr. PASCRELL. Mr. Speaker, I object.
The SPEAKER pro tempore. Objection is heard.
The Clerk continued to read.
Mr. PRICE of Georgia. Mr. Speaker, I ask unanimous consent that the
reading be dispensed with.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
Mr. WATT. I object.
The SPEAKER pro tempore. Objection is heard.
The Clerk continued to read.
The SPEAKER pro tempore. The question is on the amendment.
parliamentary inquiry
Mr. JACKSON of Illinois. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman may state a parliamentary
inquiry.
Mr. JACKSON of Illinois. Mr. Speaker, the gentleman asked for a
unanimous consent request. The minority rejected it, and now I
understand that the Clerk continued the reading, and I get the
impression that we are moving to a vote.
My inquiry is, because the unanimous consent request was brought up
under unanimous consent and there was an objection, isn't that the end
of it?
That is my parliamentary inquiry.
The SPEAKER pro tempore. The unanimous consent request actually
addressed a separate amendment from the one reported back forthwith by
the gentleman from Mississippi.
Mr. JACKSON of Illinois. So we're moving to a vote now on the
amendment that was objected to brought up under unanimous consent. I'm
asking for an inquiry. If the Speaker would kindly just explain to me
what process we're in.
The SPEAKER pro tempore. The question is on the amendment that was
proposed in the motion to recommit. That amendment has been reported
forthwith and is the issue before the House.
Mr. JACKSON of Illinois. I thank the Speaker.
So we're voting on the Thompson amendment.
The SPEAKER pro tempore. No. The question before the House is the
amendment reported by the chairman of the Committee on Homeland
Security as ordered by the House's adoption of the motion to recommit.
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
parliamentary inquiry
Mr. PRICE of Georgia. Parliamentary inquiry, Mr. Speaker.
The SPEAKER pro tempore. The gentleman from Georgia is recognized for
a parliamentary inquiry.
Mr. PRICE of Georgia. How did the Speaker call the voice vote?
The SPEAKER pro tempore. The noes prevailed.
Does the gentleman from Georgia ask for a recorded vote?
Mr. PRICE of Georgia. I ask for a recorded vote.
The SPEAKER pro tempore. A recorded vote is requested.
Those in favor of a recorded vote will rise.
Mr. ABERCROMBIE. Mr. Speaker, parliamentary inquiry.
How much time has to pass before you get to stand up and ask for a
vote after you've already ruled? You can't stand there forever and do
that. Now let's run this thing right. The vote's over.
The SPEAKER pro tempore. The gentleman from Georgia was on his feet
and seeking recognition in a timely manner.
parliamentary inquiries
Mr. LINDER. Mr. Speaker, I have a parliamentary inquiry.
Isn't it true that the motion to recommit was passed by a recorded
vote?
The SPEAKER pro tempore. Yes.
Mr. LINDER. Isn't it further true that the motion to recommit was
brought back with the bill for final passage and that last motion was
on final passage and you called the vote a ``no''?
The SPEAKER pro tempore. No. The last vote was on the amendment
reported back forthwith.
Mr. LINDER. Actually, the amendment was already agreed to and it came
back with the final bill. There was no call for a separate vote on the
amendment again.
The SPEAKER pro tempore. That is not correct. The adoption of the
motion to recommit caused a report forthwith that placed an amendment
before the House, which separately bears adoption by the House.
Mr. LINDER. By vote about 20 minutes ago.
The SPEAKER pro tempore. The Chairman of the Committee reported the
bill back to the House with an amendment, which amendment still must be
disposed of.
Mr. LINDER. With instructions, with the amendment included in it. So
the only vote left for you to put before the House is the vote on final
passage, and you called it a ``no'' vote.
The SPEAKER pro tempore. That is not correct. The question must be
taken on the amendment reported forthwith.
The Chair recognizes the gentleman from Maryland.
Mr. HOYER. Mr. Speaker, as I understand it, the parliamentary
situation in which we find ourselves is that we adopted a motion to
recommit forthwith to be reported back with an amendment. That
amendment was adopted favorably. When the vote was called, you
indicated that amendment was defeated.
My parliamentary inquiry: Would at this point in time a motion to
reconsider that vote be in order?
The SPEAKER pro tempore. Yes . . . the request for a recorded vote
aside.
Mr. HOYER. I would suggest that a motion to reconsider might solve
the problem.
Mr. Speaker, I ask unanimous consent that the last voice vote be
vacated and that the question be put de novo.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
[[Page H4718]]
parliamentary inquiries
Mr. BAKER. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Louisiana.
Mr. BAKER. I believe the gentleman, in order to offer the motion to
reconsider, would have to be on the prevailing side, and I would
question the gentleman's vote on the matter.
Mr. HOYER. By the way, I'm trying to help the gentleman. You may have
missed that, but I'm trying to help your side. But we can do it by
unanimous consent that it be done de novo.
Parliamentary inquiry. And just so that the gentleman from Louisiana
knows, on a voice vote, of course, because there is not a recorded
vote, anybody can ask for a motion to reconsider because there is no
record as to who voted on the prevailing side or who voted on the
opposing side.
But, notwithstanding that, I press my motion de novo; that, in other
words, the question be placed, once again, de novo.
The SPEAKER pro tempore. Is there objection to vacating the voice
vote and taking the question de novo?
Without objection, so ordered.
There was no objection.
The SPEAKER pro tempore. The question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. THOMPSON of Mississippi. 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 296,
noes 126, not voting 10, as follows:
[Roll No. 318]
AYES--296
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Braley (IA)
Brown (SC)
Brown, Corrine
Buchanan
Butterfield
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castle
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole (OK)
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Jo Ann
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Emerson
Eshoo
Etheridge
Fallin
Farr
Ferguson
Filner
Fortenberry
Fossella
Frank (MA)
Frelinghuysen
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
Johnson (IL)
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Knollenberg
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Petri
Platts
Pomeroy
Porter
Price (NC)
Pryce (OH)
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Reyes
Reynolds
Rodriguez
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stupak
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Whitfield
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (FL)
NOES--126
Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bilbray
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Carter
Chabot
Coble
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Doolittle
Drake
Dreier
Duncan
Ehlers
English (PA)
Everett
Feeney
Flake
Forbes
Foxx
Franks (AZ)
Gallegly
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hensarling
Hoekstra
Hunter
Inglis (SC)
Issa
Johnson, Sam
Jones (NC)
Jordan
King (IA)
Kingston
Kline (MN)
Kucinich
Lamborn
Lewis (CA)
Lewis (KY)
Linder
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McHenry
McKeon
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pence
Peterson (PA)
Pickering
Pitts
Poe
Price (GA)
Putnam
Radanovich
Rogers (AL)
Rogers (KY)
Rohrabacher
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shuster
Simpson
Smith (NE)
Smith (TX)
Stark
Stearns
Sullivan
Tancredo
Walberg
Walden (OR)
Wamp
Weldon (FL)
Westmoreland
Wicker
Wilson (SC)
Young (AK)
NOT VOTING--10
Brady (PA)
Engel
Fattah
Herger
Johnson, E. B.
Larson (CT)
McMorris Rodgers
Renzi
Souder
Udall (CO)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised less
than 2 minutes remain in this vote.
{time} 1851
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________