[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.

                          ____________________